Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 206 First Substitute (2023GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• makes technical updates in Titles 4 through 31A to cross references to the Utah Health and Human Services Code that are renumbered and amended in:
• S.B. 38, Health and Human Services Recodification - Administration, Licensing, and Recovery Services;
• S.B. 39, Health and Human Services Recodification - Health Care Assistance and Data;
• S.B. 40, Health and Human Services Recodification - Health Care Delivery and Repeals; and
• S.B. 41, Health and Human Services Recodification - Prevention, Supports, Substance Use and Mental Health; and
• makes technical and corresponding changes.

Every vote on this bill

Bill text

HEALTH AND HUMAN SERVICES RECODIFICATION -
CROSS REFERENCES, TITLES 4-31A
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Raymond P. Ward
LONG TITLE
General Description:
This bill updates cross references to the Utah Health and Human Services Code in
Titles 4 through 31A.
Highlighted Provisions:
This bill:
▸ makes technical updates in Titles 4 through 31A to cross references to the Utah
Health and Human Services Code that are renumbered and amended in:
• S.B. 38, Health and Human Services Recodification - Administration,
Licensing, and Recovery Services;
• S.B. 39, Health and Human Services Recodification - Health Care Assistance
and Data;
• S.B. 40, Health and Human Services Recodification - Health Care Delivery and
Repeals; and
• S.B. 41, Health and Human Services Recodification - Prevention, Supports,
Substance Use and Mental Health; and
▸ makes technical and corresponding changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides coordination clauses.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
4-5-501
, as last amended by Laws of Utah 2019, Chapter 32
4-41-103.3
, as last amended by Laws of Utah 2022, Chapter 290
4-41-402
, as last amended by Laws of Utah 2022, Chapter 290
4-41a-102
, as last amended by Laws of Utah 2022, Chapters 290, 452
4-41a-103
, as last amended by Laws of Utah 2020, Chapter 12
4-41a-201
, as last amended by Laws of Utah 2022, Chapter 290
4-41a-204
, as last amended by Laws of Utah 2021, Chapter 350
4-41a-403
, as last amended by Laws of Utah 2021, Chapter 350
4-41a-404
, as last amended by Laws of Utah 2020, Chapter 12
4-41a-406
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
7-1-1006
, as last amended by Laws of Utah 2011, Chapter 344
7-26-102
, as enacted by Laws of Utah 2020, Chapter 228
10-2-419
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
10-2-425
, as last amended by Laws of Utah 2019, Chapter 159
10-8-41.6
, as last amended by Laws of Utah 2022, Chapter 255
10-8-84.6
, as enacted by Laws of Utah 2022, Chapter 21
10-8-85.5
, as last amended by Laws of Utah 2012, Chapter 289
10-8-90
, as last amended by Laws of Utah 2018, Chapter 467
10-9a-103
, as last amended by Laws of Utah 2022, Chapters 355, 406
10-9a-520
, as last amended by Laws of Utah 2013, Chapter 309
10-9a-528
, as last amended by Laws of Utah 2021, Chapter 60
11-46-102
, as enacted by Laws of Utah 2011, Chapter 130
11-48-101.5
, as enacted by Laws of Utah 2021, Chapter 265
11-48-103
, as enacted by Laws of Utah 2021, Chapter 265
13-5b-103
, as enacted by Laws of Utah 2007, Chapter 172
13-59-102
, as enacted by Laws of Utah 2021, Chapter 138
13-60-102
, as enacted by Laws of Utah 2021, Chapter 361
13-60-103
, as enacted by Laws of Utah 2021, Chapter 361
13-61-101
 (Effective 12/31/23)
, as enacted by Laws of Utah 2022, Chapter 462
15-4-1
, as last amended by Laws of Utah 2017, Chapter 340
15-4-6.7
, as last amended by Laws of Utah 2017, Chapter 340
15A-1-208
, as enacted by Laws of Utah 2011, Chapter 14
15A-2-105
, as enacted by Laws of Utah 2011, Chapter 14
15A-3-102
, as last amended by Laws of Utah 2019, Chapter 20
15A-3-103
, as last amended by Laws of Utah 2020, Chapters 243, 441
15A-5-202
, as last amended by Laws of Utah 2022, Chapter 28
15A-5-203
, as last amended by Laws of Utah 2022, Chapter 350
17-22-2.5
, as last amended by Laws of Utah 2018, Chapter 86
17-27a-103
, as last amended by Laws of Utah 2022, Chapter 406
17-27a-519
, as last amended by Laws of Utah 2013, Chapter 309
17-27a-525
, as last amended by Laws of Utah 2021, Chapter 60
17-27a-1102
, as enacted by Laws of Utah 2021, Chapter 244
17-43-102
, as last amended by Laws of Utah 2022, Chapter 255
17-43-201
, as last amended by Laws of Utah 2022, Chapter 255
17-43-204
, as last amended by Laws of Utah 2016, Chapter 113
17-43-301
, as last amended by Laws of Utah 2022, Chapter 255
17-43-303
, as last amended by Laws of Utah 2004, Chapter 80
17-43-306
, as enacted by Laws of Utah 2003, Chapter 100
17-50-318
, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
17-50-333
, as last amended by Laws of Utah 2022, Chapter 255
17-50-339
, as enacted by Laws of Utah 2022, Chapter 21
17B-2a-818.5
, as last amended by Laws of Utah 2022, Chapter 421
17B-2a-902
, as last amended by Laws of Utah 2014, Chapter 189
18-1-3
, as last amended by Laws of Utah 2007, Chapter 22
19-1-205
, as enacted by Laws of Utah 1991, Chapter 112
19-1-206
, as last amended by Laws of Utah 2022, Chapters 421, 443
19-4-115
, as enacted by Laws of Utah 2022, Chapter 194
19-6-902
, as last amended by Laws of Utah 2015, Chapter 451
20A-2-104
, as last amended by Laws of Utah 2021, Chapter 100
20A-2-306
, as last amended by Laws of Utah 2022, Chapter 121
20A-11-1202
, as last amended by Laws of Utah 2020, Chapter 365
23-19-5.5
, as last amended by Laws of Utah 2022, Chapter 58
23-19-14
, as last amended by Laws of Utah 2018, Chapter 39
26-8a-102
, as last amended by Laws of Utah 2022, Chapters 255, 351, and 404
26-8a-104
, as last amended by Laws of Utah 2021, Chapters 237 and 265
26-8a-204
, as enacted by Laws of Utah 1999, Chapter 141
26-8a-205
, as enacted by Laws of Utah 1999, Chapter 141
26-8a-206
, as last amended by Laws of Utah 2021, Chapter 208
26A-1-102
, as last amended by Laws of Utah 2022, Chapter 255
26A-1-114
, as last amended by Laws of Utah 2022, Chapters 39, 415 and 430
26A-1-116
, as last amended by Laws of Utah 1991, Chapter 112 and renumbered and
amended by Laws of Utah 1991, Chapter 269
26A-1-121
, as last amended by Laws of Utah 2022, Chapter 255
26A-1-126
, as last amended by Laws of Utah 2022, Chapter 415
26A-1-128
, as last amended by Laws of Utah 2020, Chapter 347
30-1-12
, as last amended by Laws of Utah 2022, Chapter 231
30-2-5
, as last amended by Laws of Utah 2008, Chapter 3
30-3-5
, as last amended by Laws of Utah 2022, Chapter 263
30-3-5.1
, as last amended by Laws of Utah 1997, Chapter 232
30-3-5.4
, as last amended by Laws of Utah 2022, Chapter 263
30-3-10
, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
30-3-10.5
, as last amended by Laws of Utah 2008, Chapter 3
30-3-38
, as last amended by Laws of Utah 2022, Chapter 335
31A-1-301
, as last amended by Laws of Utah 2022, Chapter 198
31A-4-106
, as last amended by Laws of Utah 2018, Chapter 281
31A-4-107.5
, as last amended by Laws of Utah 2018, Chapter 443
31A-8-104
, as last amended by Laws of Utah 2018, Chapter 319
31A-15-103
, as last amended by Laws of Utah 2019, Chapter 341
31A-22-305
, as last amended by Laws of Utah 2022, Chapter 163
31A-22-305.3
, as last amended by Laws of Utah 2022, Chapters 163, 198
31A-22-604
, as last amended by Laws of Utah 2001, Chapter 116
31A-22-610
, as last amended by Laws of Utah 2018, Chapter 443
31A-22-610.5
, as last amended by Laws of Utah 2020, Chapter 32
31A-22-610.6
, as last amended by Laws of Utah 2011, Chapter 284
31A-22-613.5
, as last amended by Laws of Utah 2019, Chapter 439
RENUMBERS AND AMENDS:
13-60-104
, (Renumbered from 13-60-201, as enacted by Laws of Utah 2021, Chapter
361)
13-60-105
, (Renumbered from 13-60-202, as enacted by Laws of Utah 2021, Chapter
361)
13-60-106
, (Renumbered from 13-60-301, as enacted by Laws of Utah 2021, Chapter
361)
13-60-203
, (Renumbered from 26-45-102, as last amended by Laws of Utah 2022,
Chapter 434)
13-60-204
, (Renumbered from 26-45-103, as last amended by Laws of Utah 2022,
Chapter 434)
13-60-205
, (Renumbered from 26-45-104, as last amended by Laws of Utah 2022,
Chapter 434)
13-60-206
, (Renumbered from 26-45-105, as last amended by Laws of Utah 2022,
Chapter 434)
13-60-207
, (Renumbered from 26-45-106, as enacted by Laws of Utah 2002, Chapter
120)
Utah Code Sections Affected by Coordination Clause:
4-41a-201
, as last amended by Laws of Utah 2022, Chapter 290
10-9a-528
, as last amended by Laws of Utah 2021, Chapter 60
17-27a-525
, as last amended by Laws of Utah 2021, Chapter 60
26-8a-102
, as last amended by Laws of Utah 2022, Chapters 255, 351, and 404
26-8a-104
, as last amended by Laws of Utah 2021, Chapters 237 and 265
26-8a-204
, as enacted by Laws of Utah 1999, Chapter 141
26-8a-205
, as enacted by Laws of Utah 1999, Chapter 141
26-8a-206
, as last amended by Laws of Utah 2021, Chapter 208
 26-8a-211
, as enacted by Laws of Utah 2020, Chapter 215
 53-2d-206
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-5-501
 is amended to read:
4-5-501.
Cottage food operations.
(1) For purposes of this chapter:
(a) "Cottage food operation" means a person who produces a cottage food product in a
home kitchen .
(b) "Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or
other nonpotentially hazardous food produced in a home kitchen.
(c) "Home kitchen" means a kitchen:
(i) designed and intended for use by the residents of a home; and
(ii) used by a resident of the home for the production of a cottage food product.
(d) "Potentially hazardous food" means:
(i) a food of animal origin;
(ii) raw seed sprouts; or
(iii) a food that requires time or temperature control, or both, for safety to limit
pathogenic microorganism growth or toxin formation, as identified by the department in rule.
(2) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food
supply.
(3) Rules adopted pursuant to Subsection (2) may not require:
(a) the use of a commercial surface such as a stainless steel counter or cabinet;
(b) the use of a commercial grade:
(i) sink;
(ii) dishwasher; or
(iii) oven;
(c) a separate kitchen for the cottage food operation; or
(d) the submission of plans and specifications before construction of, or remodel of, a
cottage food production operation.
(4) The operator of a cottage food operation shall:
(a) register with the department as a cottage food operation before operating as a
cottage food operation;
(b) hold a valid food handler's permit; and
(c) package a cottage food product with a label, as specified by the department in rule.
(5) Notwithstanding the provisions of Subsections 
4-5-301
(1)(a) and (c), the
department shall issue a registration to an applicant for a cottage food operation if the applicant
for the registration:
(a) pays the fees required by the department; and
(b) meets the requirements of this section.
(6) Notwithstanding the provisions of Section 
26A-1-114
, a local health department:
(a) does not have jurisdiction to regulate the production of food at a cottage food
operation operating in compliance with this section, as long as the products are not offered to
the public for consumption on the premises; and
(b) does have jurisdiction to investigate a cottage food operation in an investigation
into the cause of a foodborne illness outbreak.
(7) A food service establishment as defined in Section [
26-15a-102
] 
26B-7-401
 may
not use a product produced in a cottage food operation as an ingredient in a food that is
prepared by the food establishment and offered by the food establishment to the public for
consumption.
Section 2. Section 
4-41-103.3
 is amended to read:
4-41-103.3.
Industrial hemp retailer permit.
(1) Except as provided in Subsection (4), a retailer permittee of the department may
market or sell industrial hemp products.
(2) A person seeking an industrial hemp retailer permit shall provide to the department:
(a) the name of the person that is seeking to market or sell an industrial hemp product;
(b) the address of each location where the industrial hemp product will be sold; and
(c) written consent allowing a representative of the department to enter all premises
where the person is selling an industrial hemp product for the purpose of:
(i) conducting a physical inspection; or
(ii) ensuring compliance with the requirements of this chapter.
(3) The department may set a fee in accordance with Subsection 
4-2-103
(2) for the
application for an industrial hemp retailer permit.
(4) Any marketing for an industrial hemp product shall include a notice to consumers
that the product is hemp and is not cannabis or medical cannabis, as those terms are defined in
Section [
26-61a-102
] 
26B-4-201
.
Section 3. Section 
4-41-402
 is amended to read:
4-41-402.
Cannabinoid sales and use authorized.
(1) The sale or use of a cannabinoid product is prohibited:
(a) except as provided in this chapter; or
(b) unless the United States Food and Drug Administration approves the product.
(2) The department shall keep a list of registered cannabinoid products that the
department has determined, in accordance with Section 
4-41-403
, are safe for human
consumption.
(3) (a) A person may sell or use a cannabinoid product that is in the list of registered
cannabinoid products described in Subsection (2).
(b) An individual may use cannabidiol or a cannabidiol product that is not in the list of
registered cannabinoid products described in Subsection (2) if:
(i) the individual purchased the product outside the state; and
(ii) the product's contents do not violate Title 58, Chapter 37, Utah Controlled
Substances Act.
(4) Any marketing for a cannabinoid product shall include a notice to consumers that
the product is hemp or CBD and is not cannabis or medical cannabis, as those terms are
defined in Section [
26-61a-102
] 
26B-4-201
.
Section 4. Section 
4-41a-102
 is amended to read:
4-41a-102.
Definitions.
As used in this chapter:
(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may
be injurious to health, including:
(a) pesticides;
(b) heavy metals;
(c) solvents;
(d) microbial life;
(e) toxins; or
(f) foreign matter.
(2) "Cannabis Research Review Board" means the Cannabis Research Review Board
created in Section [
26-61-201
] 
26B-1-420
.
(3) "Cannabis" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(4) "Cannabis concentrate" means:
(a) the product of any chemical or physical process applied to naturally occurring
biomass that concentrates or isolates the cannabinoids contained in the biomass; and
(b) any amount of a natural, derivative, or synthetic cannabinoid in the synthetic
cannabinoid's purified state.
(5) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not
intended to be sold as a cannabis plant product.
(6) "Cannabis cultivation facility" means a person that:
(a) possesses cannabis;
(b) grows or intends to grow cannabis; and
(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
processing facility, or a medical cannabis research licensee.
(7) "Cannabis cultivation facility agent" means an individual who:
(a) is an employee of a cannabis cultivation facility; and
(b) holds a valid cannabis production establishment agent registration card.
(8) "Cannabis derivative product" means a product made using cannabis concentrate.
(9) "Cannabis plant product" means any portion of a cannabis plant intended to be sold
in a form that is recognizable as a portion of a cannabis plant.
(10) "Cannabis processing facility" means a person that:
(a) acquires or intends to acquire cannabis from a cannabis production establishment;
(b) possesses cannabis with the intent to manufacture a cannabis product;
(c) manufactures or intends to manufacture a cannabis product from unprocessed
cannabis or a cannabis extract; and
(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
medical cannabis research licensee.
(11) "Cannabis processing facility agent" means an individual who:
(a) is an employee of a cannabis processing facility; and
(b) holds a valid cannabis production establishment agent registration card.
(12) "Cannabis product" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(13) "Cannabis production establishment" means a cannabis cultivation facility, a
cannabis processing facility, or an independent cannabis testing laboratory.
(14) "Cannabis production establishment agent" means a cannabis cultivation facility
agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent.
(15) "Cannabis production establishment agent registration card" means a registration
card that the department issues that:
(a) authorizes an individual to act as a cannabis production establishment agent; and
(b) designates the type of cannabis production establishment for which an individual is
authorized to act as an agent.
(16) "Community location" means a public or private elementary or secondary school,
a church, a public library, a public playground, or a public park.
(17) "Cultivation space" means, quantified in square feet, the horizontal area in which
a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the
cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other
plants in multiple levels.
(18) "Department" means the Department of Agriculture and Food.
(19) "Derivative cannabinoid" means any cannabinoid that has been intentionally
created using a process to convert a naturally occurring cannabinoid into another cannabinoid.
(20) "Family member" means a parent, step-parent, spouse, child, sibling, step-sibling,
uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
(21) (a) "Independent cannabis testing laboratory" means a person that:
(i) conducts a chemical or other analysis of cannabis or a cannabis product; or
(ii) acquires, possesses, and transports cannabis or a cannabis product with the intent to
conduct a chemical or other analysis of the cannabis or cannabis product.
(b) "Independent cannabis testing laboratory" includes a laboratory that the department
or a research university operates in accordance with Subsection 
4-41a-201
(14).
(22) "Independent cannabis testing laboratory agent" means an individual who:
(a) is an employee of an independent cannabis testing laboratory; and
(b) holds a valid cannabis production establishment agent registration card.
(23) "Industrial hemp waste" means:
(a) a cannabinoid concentrate; or
(b) industrial hemp biomass.
(24) "Inventory control system" means a system described in Section 
4-41a-103
.
(25) "Licensing board" or "board" means the Cannabis Production Establishment
Licensing Advisory Board created in Section 
4-41a-201.1
.
(26) "Medical cannabis" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(27) "Medical cannabis card" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(28) "Medical cannabis pharmacy" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(29) "Medical cannabis pharmacy agent" means the same as that term is defined in
Section [
26-61a-102
] 
26B-4-201
.
(30) "Medical cannabis research license" means a license that the department issues to
a research university for the purpose of obtaining and possessing medical cannabis for
academic research.
(31) "Medical cannabis research licensee" means a research university that the
department licenses to obtain and possess medical cannabis for academic research, in
accordance with Section 
4-41a-901
.
(32) "Medical cannabis treatment" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(33) "Medicinal dosage form" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(34) "Qualified medical provider" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(35) "Qualified Production Enterprise Fund" means the fund created in Section
4-41a-104
.
(36) "Recommending medical provider" means the same as that term is defined in
Section [
26-61a-102
] 
26B-4-201
.
(37) "Research university" means the same as that term is defined in Section
53B-7-702
 and a private, nonprofit college or university in the state that:
(a) is accredited by the Northwest Commission on Colleges and Universities;
(b) grants doctoral degrees; and
(c) has a laboratory containing or a program researching a schedule I controlled
substance described in Section 
58-37-4
.
(38) "State electronic verification system" means the system described in Section
[
26-61a-103
] 
26B-4-202
.
(39) "Synthetic cannabinoid" means any cannabinoid that:
(a) was chemically synthesized from starting materials other than a naturally occurring
cannabinoid; and
(b) is not a derivative cannabinoid.
(40) "Tetrahydrocannabinol" or "THC" means the same as that term is defined in
Section 
4-41-102
.
(41) "THC analog" means the same as that term is defined in Section 
4-41-102
.
(42) "Total composite tetrahydrocannabinol" means all detectable forms of
tetrahydrocannabinol.
(43) "Total tetrahydrocannabinol" or "total THC" means the same as that term is
defined in Section 
4-41-102
.
Section 5. Section 
4-41a-103
 is amended to read:
4-41a-103.
Inventory control system.
(1) Each cannabis production establishment and each medical cannabis pharmacy shall
maintain an inventory control system that meets the requirements of this section.
(2) A cannabis production establishment and a medical cannabis pharmacy shall ensure
that the inventory control system maintained by the establishment or pharmacy:
(a) tracks cannabis using a unique identifier, in real time, from the point that a cannabis
plant is eight inches tall and has a root ball until the cannabis is disposed of or sold, in the form
of unprocessed cannabis or a cannabis product, to an individual with a medical cannabis card;
(b) maintains in real time a record of the amount of cannabis and cannabis products in
the possession of the establishment or pharmacy;
(c) includes a video recording system that:
(i) tracks all handling and processing of cannabis or a cannabis product in the
establishment or pharmacy;
(ii) is tamper proof; and
(iii) stores a video record for at least 45 days; and
(d) preserves compatibility with the state electronic verification system described in
Section [
26-61a-103
] 
26B-4-202
.
(3) A cannabis production establishment and a medical cannabis pharmacy shall allow
the following to access the cannabis production establishment's or the medical cannabis
pharmacy's inventory control system at any time:
(a) the department;
(b) the Department of Health 
and Human Services
; and
(c) a financial institution that the Division of Finance validates, in accordance with
Subsection (6).
(4) The department may establish compatibility standards for an inventory control
system by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(5) (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing requirements for aggregate or batch records
regarding the planting and propagation of cannabis before being tracked in an inventory control
system described in this section.
(b) The department shall ensure that the rules described in Subsection (5)(a) address
record-keeping for the amount of planted seed, number of cuttings taken, date and time of
cutting and planting, number of plants established, and number of plants culled or dead.
(6) (a) The Division of Finance shall, in consultation with the state treasurer:
(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to:
(A) establish a process for validating financial institutions for access to an inventory
control system in accordance with Subsections (3)(c) and (6)(b); and
(B) establish qualifications for the validation described in Subsection (6)(a)(i)(A);
(ii) review applications the Division of Finance receives in accordance with the process
established under Subsection (6)(a)(i);
(iii) validate a financial institution that meets the qualifications described in Subsection
(6)(a)(i); and
(iv) provide a list of validated financial institutions to the department and the
Department of Health 
and Human Services
.
(b) A financial institution that the Division of Finance validates under Subsection
(6)(a):
(i) may only access an inventory control system for the purpose of reconciling
transactions and other financial activity of cannabis production establishments, medical
cannabis pharmacies, and medical cannabis couriers that use financial services that the
financial institution provides;
(ii) may only access information related to financial transactions; and
(iii) may not access any identifying patient information.
Section 6. Section 
4-41a-201
 is amended to read:
4-41a-201.
Cannabis production establishment -- License.
(1) Except as provided in Subsection (14), a person may not operate a cannabis
production establishment without a license that the department issues under this chapter.
(2) (a) (i) Subject to Subsections (6), (7), (8), and (13) and to Section 
4-41a-205
, for a
licensing process that the department initiates after March 17, 2021, the department, through
the licensing board, shall issue licenses in accordance with Section 
4-41a-201.1
.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to specify a transparent and efficient process to:
(A) solicit applications for a license under this section;
(B) allow for comments and questions in the development of applications;
(C) timely and objectively evaluate applications;
(D) hold public hearings that the department deems appropriate; and
(E) select applicants to receive a license.
(iii) The department may not issue a license to operate a cannabis production
establishment to an applicant who is not eligible for a license under this section.
(b) An applicant is eligible for a license under this section if the applicant submits to
the licensing board:
(i) subject to Subsection (2)(c), a proposed name and address or, for a cannabis
cultivation facility, addresses of no more than two facility locations, located in a zone described
in Subsection 
4-41a-406
(2)(a) or (b), where the applicant will operate the cannabis production
establishment;
(ii) the name and address of any individual who has:
(A) for a publicly traded company, a financial or voting interest of 2% or greater in the
proposed cannabis production establishment;
(B) for a privately held company, a financial or voting interest in the proposed cannabis
production establishment; or
(C) the power to direct or cause the management or control of a proposed cannabis
production establishment;
(iii) an operating plan that:
(A) complies with Section 
4-41a-204
;
(B) includes operating procedures that comply with this chapter and any law the
municipality or county in which the person is located adopts that is consistent with Section
4-41a-406
; and
(C) the department or licensing board approves;
(iv) a statement that the applicant will obtain and maintain a performance bond that a
surety authorized to transact surety business in the state issues in an amount of at least:
(A) $100,000 for each cannabis cultivation facility for which the applicant applies; or
(B) $50,000 for each cannabis processing facility or independent cannabis testing
laboratory for which the applicant applies;
(v) an application fee in an amount that, subject to Subsection 
4-41a-104
(5), the
department sets in accordance with Section 
63J-1-504
; and
(vi) a description of any investigation or adverse action taken by any licensing
jurisdiction, government agency, law enforcement agency, or court in any state for any
violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
or businesses.
(c) (i) A person may not locate a cannabis production establishment:
(A) within 1,000 feet of a community location; or
(B) in or within 600 feet of a district that the relevant municipality or county has zoned
as primarily residential.
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
from the nearest entrance to the cannabis production establishment by following the shortest
route of ordinary pedestrian travel to the property boundary of the community location or
residential area.
(iii) The licensing board may grant a waiver to reduce the proximity requirements in
Subsection (2)(c)(i) by up to 20% if the licensing board determines that it is not reasonably
feasible for the applicant to site the proposed cannabis production establishment without the
waiver.
(iv) An applicant for a license under this section shall provide evidence of compliance
with the proximity requirements described in Subsection (2)(c)(i).
(3) If the licensing board approves an application for a license under this section and
Section 
4-41a-201.1
:
(a) the applicant shall pay the department:
(i) an initial license fee in an amount that, subject to Subsection 
4-41a-104
(5), the
department sets in accordance with Section 
63J-1-504
; or
(ii) a fee for a 120-day limited license to operate as a cannabis processing facility
described in Subsection (3)(b) that is equal to 33% of the initial license fee described in
Subsection (3)(a)(i); and
(b) the department shall notify the Department of Public Safety of the license approval
and the names of each individual described in Subsection (2)(b)(ii).
(4) (a) Except as provided in Subsection (4)(b), a cannabis production establishment
shall obtain a separate license for each type of cannabis production establishment and each
location of a cannabis production establishment.
(b) The licensing board may issue a cannabis cultivation facility license and a cannabis
processing facility license to a person to operate at the same physical location or at separate
physical locations.
(5) If the licensing board receives more than one application for a cannabis production
establishment within the same city or town, the licensing board shall consult with the local land
use authority before approving any of the applications pertaining to that city or town.
(6) The licensing board may not issue a license to operate an independent cannabis
testing laboratory to a person who:
(a) holds a license or has an ownership interest in a medical cannabis pharmacy, a
cannabis processing facility, or a cannabis cultivation facility;
(b) has an owner, officer, director, or employee whose family member holds a license
or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or
a cannabis cultivation facility; or
(c) proposes to operate the independent cannabis testing laboratory at the same physical
location as a medical cannabis pharmacy, a cannabis processing facility, or a cannabis
cultivation facility.
(7) The licensing board may not issue a license to operate a cannabis production
establishment to an applicant if any individual described in Subsection (2)(b)(ii):
(a) has been convicted under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(b) is younger than 21 years old; or
(c) after September 23, 2019
,
 until January 1, 2023, is actively serving as a legislator.
(8) (a) If an applicant for a cannabis production establishment license under this
section holds a license under Title 4, Chapter 41, Hemp and Cannabinoid Act, the licensing
board may not give preference to the applicant based on the applicant's status as a holder of the
license.
(b) If an applicant for a license to operate a cannabis cultivation facility under this
section holds a license to operate a medical cannabis pharmacy under [
Title 26, Chapter 61a,
Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
, the licensing board:
(i) shall consult with the Department of Health 
and Human Services
 regarding the
applicant; and
(ii) may give consideration to the applicant based on the applicant's status as a holder
of a medical cannabis pharmacy license if:
(A) the applicant demonstrates that a decrease in costs to patients is more likely to
result from the applicant's vertical integration than from a more competitive marketplace; and
(B) the licensing board finds multiple other factors, in addition to the existing license,
that support granting the new license.
(9) The licensing board may revoke a license under this part:
(a) if the cannabis production establishment does not begin cannabis production
operations within one year after the day on which the licensing board issues the initial license;
(b) after the third of the same violation of this chapter in any of the licensee's licensed
cannabis production establishments or medical cannabis pharmacies;
(c) if any individual described in Subsection (2)(b) is convicted, while the license is
active, under state or federal law of:
(i) a felony; or
(ii) after December 3, 2018, a misdemeanor for drug distribution;
(d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at
the time of application, or fails to supplement the information described in Subsection
(2)(b)(vi) with any investigation or adverse action that occurs after the submission of the
application within 14 calendar days after the licensee receives notice of the investigation or
adverse action;
(e) if the cannabis production establishment demonstrates a willful or reckless
disregard for the requirements of this chapter or the rules the department makes in accordance
with this chapter;
(f) if, after a change of ownership described in Subsection (15)(b), the board
determines that the cannabis production establishment no longer meets the minimum standards
for licensure and operation of the cannabis production establishment described in this chapter;
or
(g) for an independent cannabis testing laboratory, if the independent cannabis testing
laboratory fails to substantially meet the performance standards described in Subsection
(14)(b).
(10) (a) A person who receives a cannabis production establishment license under this
chapter, if the municipality or county where the licensed cannabis production establishment
will be located requires a local land use permit, shall submit to the licensing board a copy of
the licensee's approved application for the land use permit within 120 days after the day on
which the licensing board issues the license.
(b) If a licensee fails to submit to the licensing board a copy of the licensee's approved
land use permit application in accordance with Subsection (10)(a), the licensing board may
revoke the licensee's license.
(11) The department shall deposit the proceeds of a fee that the department imposes
under this section into the Qualified Production Enterprise Fund.
(12) The department shall begin accepting applications under this part on or before
January 1, 2020.
(13) (a) The department's authority, and consequently the licensing board's authority, to
issue a license under this section is plenary and is not subject to review.
(b) Notwithstanding Subsection (2)(a)(ii)(A), the decision of the department to award a
license to an applicant is not subject to:
(i) Title 63G, Chapter 6a, Part 16, Protests; or
(ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
(14) (a) Notwithstanding this section, the department:
(i) may not issue more than four licenses to operate an independent cannabis testing
laboratory;
(ii) may operate or partner with a research university to operate an independent
cannabis testing laboratory;
(iii) if the department operates or partners with a research university to operate an
independent cannabis testing laboratory, may not cease operating or partnering with a research
university to operate the independent cannabis testing laboratory unless:
(A) the department issues at least two licenses to independent cannabis testing
laboratories; and
(B) the department has ensured that the licensed independent cannabis testing
laboratories have sufficient capacity to provide the testing necessary to support the state's
medical cannabis market; and
(iv) after ceasing department or research university operations under Subsection
(14)(a)(ii) shall resume independent cannabis testing laboratory operations at any time if:
(A) fewer than two licensed independent cannabis testing laboratories are operating; or
(B) the licensed independent cannabis testing laboratories become, in the department's
determination, unable to fully meet the market demand for testing.
(b) (i) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish performance standards for the operation of an
independent cannabis testing laboratory, including deadlines for testing completion.
(ii) A license that the department issues to an independent cannabis testing laboratory
is contingent upon substantial satisfaction of the performance standards described in
Subsection (14)(b)(i), as determined by the board.
(15) (a) A cannabis production establishment license is not transferrable or assignable.
(b) If the ownership of a cannabis production establishment changes by 50% or more:
(i) the cannabis production establishment shall submit a new application described in
Subsection (2)(b), subject to Subsection (2)(c);
(ii) within 30 days of the submission of the application, the board shall:
(A) conduct the application review described in Section 
4-41a-201.1
; and
(B) award a license to the cannabis production establishment for the remainder of the
term of the cannabis production establishment's license before the ownership change if the
cannabis production establishment meets the minimum standards for licensure and operation of
the cannabis production establishment described in this chapter; and
(iii) if the board approves the license application, notwithstanding Subsection (3), the
cannabis production establishment shall pay a license fee that the department sets in
accordance with Section 
63J-1-504
 in an amount that covers the board's cost of conducting the
application review.
Section 7. Section 
4-41a-204
 is amended to read:
4-41a-204.
Operating plan.
(1) A person applying for a cannabis production establishment license or license
renewal shall submit to the department for the department's review a proposed operating plan
that complies with this section and that includes:
(a) a description of the physical characteristics of the proposed facility or, for a
cannabis cultivation facility, no more than two facility locations, including a floor plan and an
architectural elevation;
(b) a description of the credentials and experience of:
(i) each officer, director, and owner of the proposed cannabis production
establishment; and
(ii) any highly skilled or experienced prospective employee;
(c) the cannabis production establishment's employee training standards;
(d) a security plan;
(e) a description of the cannabis production establishment's inventory control system,
including a description of how the inventory control system is compatible with the state
electronic verification system described in Section [
26-61a-103
] 
26B-4-202
;
(f) storage protocols, both short- and long-term, to ensure that cannabis is stored in a
manner that is sanitary and preserves the integrity of the cannabis;
(g) for a cannabis cultivation facility, the information described in Subsection (2);
(h) for a cannabis processing facility, the information described in Subsection (3); and
(i) for an independent cannabis testing laboratory, the information described in
Subsection (4).
(2) (a) A cannabis cultivation facility shall ensure that the facility's operating plan
includes the facility's intended:
(i) cannabis cultivation practices, including the facility's intended pesticide use and
fertilizer use; and
(ii) subject to Subsection (2)(b), acreage or square footage under cultivation and
anticipated cannabis yield.
(b) Except as provided in Subsection (2)(c)(i) or (c)(ii), a cannabis cultivation facility
may not:
(i) for a facility that cultivates cannabis only indoors, use more than 100,000 total
square feet of cultivation space;
(ii) for a facility that cultivates cannabis only outdoors, use more than four acres for
cultivation; and
(iii) for a facility that cultivates cannabis through a combination of indoor and outdoor
cultivation, use more combined indoor square footage and outdoor acreage than allowed under
the department's formula described in Subsection (2)(e).
(c) (i) Each licensee may apply to the department for:
(A) a one-time, permanent increase of up to 20% of the limitation on the cannabis
cultivation facility's cultivation space; or
(B) a short-term increase, not to exceed 12 months, of up to 40% of the limitation on
the cannabis cultivation facility's cultivation space.
(ii) After conducting a review equivalent to the review described in Subsection
4-41a-205
(2)(a), if the department determines that additional cultivation is needed, the
department may:
(A) grant the one-time, permanent increase described in Subsection (2)(c)(i)(A); or
(B) grant the short-term increase described in Subsection (2)(c)(i)(B).
(d) If a licensee describes an intended acreage or square footage under cultivation
under Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b), the
licensee may not cultivate more than the licensee's identified intended acreage or square
footage under cultivation.
(e) The department shall, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establish a formula for combined usage of indoor and outdoor
cultivation that:
(i) does not exceed, in estimated cultivation yield, the aggregate limitations described
in Subsection (2)(b)(i) or (ii); and
(ii) allows a cannabis cultivation facility to operate both indoors and outdoors.
(f) (i) The department may authorize a cannabis cultivation facility to operate at no
more than two separate locations.
(ii) If the department authorizes multiple locations under Subsection (2)(f)(i), the two
cannabis cultivation facility locations combined may not exceed the cultivation limitations
described in this Subsection (2).
(3) A cannabis processing facility's operating plan shall include the facility's intended
cannabis processing practices, including the cannabis processing facility's intended:
(a) offered variety of cannabis product;
(b) cannabinoid extraction method;
(c) cannabinoid extraction equipment;
(d) processing equipment;
(e) processing techniques; and
(f) sanitation and manufacturing safety procedures for items for human consumption.
(4) An independent cannabis testing laboratory's operating plan shall include the
laboratory's intended:
(a) cannabis and cannabis product testing capability;
(b) cannabis and cannabis product testing equipment; and
(c) testing methods, standards, practices, and procedures for testing cannabis and
cannabis products.
(5) Notwithstanding an applicant's proposed operating plan, a cannabis production
establishment is subject to land use regulations, as defined in Sections 
10-9a-103
 and
17-27a-103
, regarding the availability of outdoor cultivation in an industrial zone.
Section 8. Section 
4-41a-403
 is amended to read:
4-41a-403.
Advertising.
(1) Except as provided in this section, a cannabis production establishment may not
advertise to the general public in any medium.
(2) A cannabis production establishment may advertise an employment opportunity at
the cannabis production establishment.
(3) A cannabis production establishment may maintain a website that:
(a) contains information about the establishment and employees; and
(b) does not advertise any medical cannabis, cannabis products, or medical cannabis
devices.
(4) (a) Notwithstanding any municipal or county ordinance prohibiting signage, a
cannabis production establishment may use signage on the outside of the cannabis production
establishment that:
(i) includes only:
(A) in accordance with Subsection (4)(b), the cannabis production establishment's
name, logo, and hours of operation; and
(B) a green cross; and
(ii) complies with local ordinances regulating signage.
(b) The department shall define standards for a cannabis production establishment's
name and logo to ensure a medical rather than recreational disposition.
(5) (a) A cannabis production establishment may hold an educational event for the
public or medical providers in accordance with this Subsection (5) and the rules described in
Subsection (5)(c).
(b) A cannabis production establishment may not include in an educational event
described in Subsection (5)(a):
(i) any topic that conflicts with this chapter or [
Title 26, Chapter 61a, Utah Medical
Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
;
(ii) any gift items or merchandise other than educational materials, as those terms are
defined by the department;
(iii) any marketing for a specific product from the cannabis production establishment
or any other statement, claim, or information that would violate the federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or
(iv) a presenter other than the following:
(A) a cannabis production establishment agent;
(B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(C) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act;
(D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
Act; or
(F) a state employee.
(c) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to define the elements of and restrictions on the educational
event described in Subsection (5)(a), including a minimum age of 21 years old for attendees.
Section 9. Section 
4-41a-404
 is amended to read:
4-41a-404.
Medical cannabis transportation.
(1) (a) Only the following individuals may transport cannabis or a cannabis product
under this chapter:
(i) a registered cannabis production establishment agent; or
(ii) a medical cannabis cardholder who is transporting a medical cannabis treatment
that the cardholder is authorized to possess under this chapter.
(b) Only an agent of a cannabis cultivation facility, when the agent is transporting
cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory,
may transport unprocessed cannabis outside of a medicinal dosage form.
(2) Except for an individual with a valid medical cannabis card under [
Title 26,
Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research
and Medical Cannabis
, who is transporting a medical cannabis treatment shall possess a
transportation manifest that:
(a) includes a unique identifier that links the cannabis or cannabis product to a relevant
inventory control system;
(b) includes origin and destination information for any cannabis or cannabis product
that the individual is transporting; and
(c) identifies the departure and arrival times and locations of the individual
transporting the cannabis or cannabis product.
(3) (a) In addition to the requirements in Subsections (1) and (2), the department may
establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, requirements for transporting cannabis or cannabis product to ensure that the cannabis or
cannabis product remains safe for human consumption.
(b) The transportation described in Subsection (3)(a) is limited to transportation:
(i) between a cannabis production establishment and another cannabis production
establishment; and
(ii) between a cannabis processing facility and a medical cannabis pharmacy.
(4) (a) It is unlawful for a registered cannabis production establishment agent to make a
transport described in this section with a manifest that does not meet the requirements of this
section.
(b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(c) An individual who is guilty of a violation described in Subsection (4)(b) is not
guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct
underlying the violation described in Subsection (4)(b).
(d) If the agent described in Subsection (4)(a) is transporting more cannabis or
cannabis product than the manifest identifies, except for a de minimis administrative error:
(i) the penalty described in Subsection (4)(b) does not apply; and
(ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled
Substances Act.
(5) Nothing in this section prevents the department from taking administrative
enforcement action against a cannabis production establishment or another person for failing to
make a transport in compliance with the requirements of this section.
(6) An individual other than an individual described in Subsection (1) may transport a
medical cannabis device within the state if the transport does not also contain medical
cannabis.
Section 10. Section 
4-41a-406
 is amended to read:
4-41a-406.
Local control.
(1) As used in this section:
(a) "Land use decision" means the same as that term is defined in Sections 
10-9a-103
and 
17-27a-103
.
(b) "Land use permit" means the same as that term is defined in Sections 
10-9a-103
and 
17-27a-103
.
(c) "Land use regulation" means the same as that term is defined in Sections 
10-9a-103
and 
17-27a-103
.
(2) (a) If a municipality's or county's zoning ordinances provide for an industrial zone,
the operation of a cannabis production establishment shall be a permitted industrial use in any
industrial zone unless the municipality or county has designated by ordinance, before an
individual submits a land use permit application for a cannabis production establishment, at
least one industrial zone in which the operation of a cannabis production establishment is a
permitted use.
(b) If a municipality's or county's zoning ordinances provide for an agricultural zone,
the operation of a cannabis production establishment shall be a permitted agricultural use in
any agricultural zone unless the municipality or county has designated by ordinance, before an
individual submits a land use permit application for a cannabis production establishment, at
least one agricultural zone in which the operation of a cannabis production establishment is a
permitted use.
(c) The operation of a cannabis production establishment shall be a permitted use on
land that the municipality or county has not zoned.
(3) A municipality or county may not:
(a) on the sole basis that the applicant or cannabis production establishment violates
federal law regarding the legal status of cannabis, deny or revoke:
(i) a land use permit to operate a cannabis production facility; or
(ii) a business license to operate a cannabis production facility;
(b) require a certain distance between a cannabis production establishment and:
(i) another cannabis production establishment;
(ii) a medical cannabis pharmacy;
(iii) a retail tobacco specialty business, as that term is defined in Section [
26-62-103
]
26B-7-501
; or
(iv) an outlet, as that term is defined in Section 
32B-1-202
; or
(c) in accordance with Subsections 
10-9a-509
(1) and 
17-27a-508
(1), enforce a land use
regulation against a cannabis production establishment that was not in effect on the day on
which the cannabis production establishment submitted a complete land use application.
(4) An applicant for a land use permit to operate a cannabis production establishment
shall comply with the land use requirements and application process described in:
(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act,
including Section 
10-9a-528
; and
(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act,
including Section 
17-27a-525
.
Section 11. Section 
7-1-1006
 is amended to read:
7-1-1006.
Inapplicable to certain official investigations.
(1) Sections 
7-1-1002
 and 
7-1-1003
 do not apply if an examination of a record is a part
of an official investigation by:
(a) local police;
(b) a sheriff;
(c) a peace officer;
(d) a city attorney;
(e) a county attorney;
(f) a district attorney;
(g) the attorney general;
(h) the Department of Public Safety;
(i) the Office of Recovery Services of the Department of 
Health and
 Human Services;
(j) the Insurance Department;
(k) the Department of Commerce;
(l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the
Department of Workforce Services;
(m) the state auditor;
(n) the State Tax Commission; or
(o) the Department of Health 
and Human Services
 or its designee, when undertaking an
official investigation to determine whether an individual qualifies for certain assistance
programs as provided in Section [
26-18-2.5
] 
26B-3-106
.
(2) Except for the Office of Recovery Services, if a governmental entity listed in
Subsection (1) seeks a record, the entity shall obtain the record as follows:
(a) if the record is a nonprotected record, by request in writing that:
(i) certifies that an official investigation is being conducted; and
(ii) is signed by a representative of the governmental entity that is conducting the
official investigation; or
(b) if the record is a protected record, by obtaining:
(i) a subpoena authorized by statute;
(ii) other legal process:
(A) ordered by a court of competent jurisdiction; and
(B) served upon the financial institution; or
(iii) written permission from all account holders of the account referenced in the record
to be examined.
(3) If the Office of Recovery Services seeks a record, the Office of Recovery Services
shall obtain the record pursuant to:
(a) Subsection [
62A-11-104
(1)(g)
] 
26B-9-104
(1)(g)
;
(b) Section [
62A-11-304.1
] 
26B-9-205
;
(c) Section [
62A-11-304.5
] 
26B-9-208
; or
(d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
(4) A financial institution may not give notice to an account holder or person named or
referenced within the record disclosed pursuant to Subsection (2)(a).
(5) In accordance with Section 
7-1-1004
, the governmental entity conducting the
official investigation that obtains a record from a financial institution under this section shall
reimburse the financial institution for costs reasonably and directly incurred by the financial
institution.
Section 12. Section 
7-26-102
 is amended to read:
7-26-102.
Definitions.
As used in this chapter:
(1) "Adult Protective Services" means the same as that term is defined in Section
[
62A-3-301
] 
26B-6-201
.
(2) "Covered financial institution" means any of the following that operate in the state:
(a) a state or federally chartered:
(i) bank;
(ii) savings and loan association;
(iii) savings bank;
(iv) industrial bank;
(v) credit union;
(vi) trust company; or
(vii) depository institution; or
(b) a financial institution.
(3) "Financial exploitation" means:
(a) the wrongful or unauthorized taking, withholding, appropriation, or use of money,
assets, or other property of an individual; or
(b) an act or omission, including through a power of attorney, guardianship, or
conservatorship of an individual, to:
(i) obtain control, through deception, intimidation, or undue influence, over the
individual's money, assets, or other property to deprive the individual of the ownership, use,
benefit, or possession of the individual's money, assets, or other property; or
(ii) convert the individual's money, assets, or other property to deprive the individual of
the ownership, use, benefit, or possession of the individual's money, assets, or other property.
(4) "Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(5) "Qualified individual" means:
(a) a branch manager of a covered financial institution; or
(b) a director, officer, employee, agent, or other representative that a covered financial
institution designates.
(6) "Third party associated with a vulnerable adult" means an individual:
(a) who is a parent, spouse, adult child, sibling, or other known family member of a
vulnerable adult;
(b) whom a vulnerable adult authorizes the financial institution to contact;
(c) who is a co-owner, additional authorized signatory, or beneficiary on a vulnerable
adult's account; or
(d) who is an attorney, trustee, conservator, guardian or other fiduciary whom a court
or a government agency selects to manage some or all of the financial affairs of the vulnerable
adult.
(7) "Transaction" means any of the following services that a covered financial
institution provides:
(a) a transfer or request to transfer or disburse funds or assets in an account;
(b) a request to initiate a wire transfer, initiate an automated clearinghouse transfer, or
issue a money order, cashier's check, or official check;
(c) a request to negotiate a check or other negotiable instrument;
(d) a request to change the ownership of, or access to, an account;
(e) a request to sell or transfer a security or other asset, or a request to affix a medallion
stamp or provide any form of guarantee or endorsement in connection with an attempt to sell or
transfer a security or other asset, if the person selling or transferring the security or asset is not
required to obtain a license under Section 
61-1-3
;
(f) a request for a loan, extension of credit, or draw on a line of credit;
(g) a request to encumber any movable or immovable property; or
(h) a request to designate or change the designation of beneficiaries to receive any
property, benefit, or contract right.
(8) "Vulnerable adult" means:
(a) an individual who is 65 years [
of age
] 
old
 or older; or
(b) the same as that term is defined in Section [
62A-3-301
] 
26B-6-201
.
Section 13. 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
]
26B-1-429
, 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 14. Section 
10-2-425
 is amended to read:
10-2-425.
Filing of notice and plat -- Recording and notice requirements --
Effective date of annexation or boundary adjustment.
(1) The legislative body of each municipality that enacts an ordinance under this part
approving the annexation of an unincorporated area or the adjustment of a boundary, or the
legislative body of an eligible city, as defined in Section 
10-2a-403
, that annexes an
unincorporated island upon the results of an election held in accordance with Section
10-2a-404
, shall:
(a) within 60 days after enacting the ordinance or the day of the election or, in the case
of a boundary adjustment, within 60 days after each of the municipalities involved in the
boundary adjustment has enacted an ordinance, file with the lieutenant governor:
(i) a notice of an impending boundary action, as defined in Section 
67-1a-6.5
, that
meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 
67-1a-6.5
;
(b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
adjustment, as the case may be, under Section 
67-1a-6.5
:
(i) if the annexed area or area subject to the boundary adjustment is located within the
boundary of a single county, submit to the recorder of that county the original notice of an
impending boundary action, the original certificate of annexation or boundary adjustment, the
original approved final local entity plat, and a certified copy of the ordinance approving the
annexation or boundary adjustment; or
(ii) if the annexed area or area subject to the boundary adjustment is located within the
boundaries of more than a single county:
(A) submit to the recorder of one of those counties the original notice of impending
boundary action, the original certificate of annexation or boundary adjustment, and the original
approved final local entity plat;
(B) submit to the recorder of each other county a certified copy of the documents listed
in Subsection (1)(b)(ii)(A); and
(C) submit a certified copy of the ordinance approving the annexation or boundary
adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
(c) concurrently with Subsection (1)(b):
(i) send notice of the annexation or boundary adjustment to each affected entity; and
(ii) in accordance with Section [
26-8a-414
] 
26B-4-168
, file with the Department of
Health 
and Human Services
:
(A) a certified copy of the ordinance approving the annexation of an unincorporated
area or the adjustment of a boundary; and
(B) a copy of the approved final local entity plat.
(2) If an annexation or boundary adjustment under this part or Chapter 2a, Part 4,
Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class
on and after May 12, 2015, also causes an automatic annexation to a local district under
Section 
17B-1-416
 or an automatic withdrawal from a local district under Subsection
17B-1-502
(2), the municipal legislative body shall, as soon as practicable after the lieutenant
governor issues a certificate of annexation or boundary adjustment under Section 
67-1a-6.5
,
send notice of the annexation or boundary adjustment to the local district to which the annexed
area is automatically annexed or from which the annexed area is automatically withdrawn.
(3) Each notice required under Subsection (1) relating to an annexation or boundary
adjustment shall state the effective date of the annexation or boundary adjustment, as
determined under Subsection (4).
(4) An annexation or boundary adjustment under this part is completed and takes
effect:
(a) for the annexation of or boundary adjustment affecting an area located in a county
of the first class, except for an annexation under Section 
10-2-418
:
(i) July 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of a
certificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding November 1 through April 30; and
(B) the requirements of Subsection (1) are met before that July 1; or
(ii) January 1 following the lieutenant governor's issuance under Section 
67-1a-6.5
 of a
certificate of annexation or boundary adjustment if:
(A) the certificate is issued during the preceding May 1 through October 31; and
(B) the requirements of Subsection (1) are met before that January 1; and
(b) subject to Subsection (5), for all other annexations and boundary adjustments, the
date of the lieutenant governor's issuance, under Section 
67-1a-6.5
, of a certificate of
annexation or boundary adjustment.
(5) If an annexation of an unincorporated island is based upon the results of an election
held in accordance with Section 
10-2a-404
:
(a) the county and the annexing municipality may agree to a date on which the
annexation is complete and takes effect; and
(b) the lieutenant governor shall issue, under Section 
67-1a-6.5
, a certification of
annexation on the date agreed to under Subsection (5)(a).
(6) (a) As used in this Subsection (6):
(i) "Affected area" means:
(A) in the case of an annexation, the annexed area; and
(B) in the case of a boundary adjustment, any area that, as a result of the boundary
adjustment, is moved from within the boundary of one municipality to within the boundary of
another municipality.
(ii) "Annexing municipality" means:
(A) in the case of an annexation, the municipality that annexes an unincorporated area;
and
(B) in the case of a boundary adjustment, a municipality whose boundary includes an
affected area as a result of a boundary adjustment.
(b) The effective date of an annexation or boundary adjustment for purposes of
assessing property within an affected area is governed by Section 
59-2-305.5
.
(c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
recorder of each county in which the property is located, a municipality may not:
(i) levy or collect a property tax on property within an affected area;
(ii) levy or collect an assessment on property within an affected area; or
(iii) charge or collect a fee for service provided to property within an affected area,
unless the municipality was charging and collecting the fee within that area immediately before
annexation.
Section 15. Section 
10-8-41.6
 is amended to read:
10-8-41.6.
Regulation of retail tobacco specialty business.
(1) As used in this section:
(a) "Community location" means:
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
(ii) a licensed child-care facility or preschool;
(iii) a trade or technical school;
(iv) a church;
(v) a public library;
(vi) a public playground;
(vii) a public park;
(viii) a youth center or other space used primarily for youth oriented activities;
(ix) a public recreational facility;
(x) a public arcade; or
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
(b) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
(c) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(d) "Flavored electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
(e) "Licensee" means a person licensed under this section to conduct business as a
retail tobacco specialty business.
(f) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(g) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(h) "Retail tobacco specialty business" means a commercial establishment in which:
(i) sales of tobacco products, electronic cigarette products, and nicotine products
account for more than 35% of the total quarterly gross receipts for the establishment;
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
storage of tobacco products, electronic cigarette products, or nicotine products;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products, electronic cigarette products, or nicotine products;
(iv) the commercial establishment:
(A) holds itself out as a retail tobacco specialty business; and
(B) causes a reasonable person to believe the commercial establishment is a retail
tobacco specialty business;
(v) any flavored electronic cigarette product is sold; or
(vi) the retail space features a self-service display for tobacco products, electronic
cigarette products, or nicotine products.
(i) "Self-service display" means the same as that term is defined in Section
76-10-105.1
.
(j) "Tobacco product" means:
(i) a tobacco product as defined in Section 
76-10-101
; or
(ii) tobacco paraphernalia as defined in Section 
76-10-101
.
(2) The regulation of a retail tobacco specialty business is an exercise of the police
powers of the state by the state or by delegation of the state's police powers to other
governmental entities.
(3) (a) A person may not operate a retail tobacco specialty business in a municipality
unless the person obtains a license from the municipality in which the retail tobacco specialty
business is located.
(b) A municipality may only issue a retail tobacco specialty business license to a
person if the person complies with the provisions of Subsections (4) and (5).
(4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
business is located within:
(i) 1,000 feet of a community location;
(ii) 600 feet of another retail tobacco specialty business; or
(iii) 600 feet from property used or zoned for:
(A) agriculture use; or
(B) residential use.
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
to intervening structures or zoning districts.
(5) A municipality may not issue or renew a license for a person to conduct business as
a retail tobacco specialty business until the person provides the municipality with proof that the
retail tobacco specialty business has:
(a) a valid permit for a retail tobacco specialty business issued under [
Title 26, Chapter
62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit
] 
Title 26B, Chapter 7,
Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products
, by the local health
department having jurisdiction over the area in which the retail tobacco specialty business is
located; and
(b) (i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell a tobacco product; and
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
license issued by the State Tax Commission in accordance with Section 
59-14-803
 to sell an
electronic cigarette product or a nicotine product.
(6) (a) Nothing in this section:
(i) requires a municipality to issue a retail tobacco specialty business license; or
(ii) prohibits a municipality from adopting more restrictive requirements on a person
seeking a license or renewal of a license to conduct business as a retail tobacco specialty
business.
(b) A municipality may suspend or revoke a retail tobacco specialty business license
issued under this section:
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
Part 16, Pattern of Unlawful Activity Act;
(ii) if a licensee violates federal law or federal regulations restricting the sale and
distribution of tobacco products or electronic cigarette products to protect children and
adolescents;
(iii) upon the recommendation of the department or a local health department under
[
Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit
] 
Title
26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products
; or
(iv) under any other provision of state law or local ordinance.
(7) (a) A retail tobacco specialty business is exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
license to conduct business as a retail tobacco specialty business;
(ii) the retail tobacco specialty business is operating in a municipality in accordance
with all applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(b) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(a) if:
(i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
or permanent revocation;
(ii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iii) the retail tobacco specialty business does not substantially change the business
premises or business operation; and
(iv) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) [
Title 26, Chapter 38, Utah Indoor Clean Air Act
] 
Section 26B-7-503
;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the license described in Subsection (7)(a)(i).
(c) A retail tobacco specialty business that does not qualify for an exemption under
Subsection (7)(a) is exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
general tobacco retailer permit or a retail tobacco specialty business permit under [
Title 26,
Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit
] 
Title 26B,
Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products
, by the
local health department having jurisdiction over the area in which the retail tobacco specialty
business is located;
(ii) the retail tobacco specialty business is operating in the municipality in accordance
with all applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(d) Except as provided in Subsection (7)(e), a retail tobacco specialty business may
maintain an exemption under Subsection (7)(c) if:
(i) on or before December 31, 2020, the retail tobacco specialty business receives a
retail tobacco specialty business permit from the local health department having jurisdiction
over the area in which the retail tobacco specialty business is located;
(ii) the permit described in Subsection (7)(d)(i) is renewed continuously without lapse
or permanent revocation;
(iii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iv) the retail tobacco specialty business does not substantially change the business
premises or business operation as the business existed when the retail tobacco specialty
business received a permit under Subsection (7)(d)(i); and
(v) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) [
Title 26, Chapter 38, Utah Indoor Clean Air Act
] 
Section 26B-7-503
;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
(e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high,
or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco
specialty business:
(i) relocates, before July 1, 2022, to a property that is used or zoned for commercial use
and located within a group of architecturally unified commercial establishments built on a site
that is planned, developed, owned, and managed as an operating unit; and
(ii) continues to meet the requirements described in Subsection (7)(b) that are not
directly related to the relocation described in this Subsection (7)(e).
Section 16. Section 
10-8-84.6
 is amended to read:
10-8-84.6.
Prohibition on licensing or certification of child care programs.
(1) (a) As used in this section, "child care program" means a child care facility or
program operated by a person who holds a license or certificate from the Department of Health
and Human Services under [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title 26B,
Chapter 2, Part 4, Child Care Licensing
.
(b) "Child care program" does not include a child care program for which a
municipality provides oversight, as described in Subsection [
26-39-403
(2)(e)
] 
26B-2-405
(2)(e)
.
(2) A municipality may not enact or enforce an ordinance that:
(a) imposes licensing or certification requirements for a child care program; or
(b) governs the manner in which child care is provided in a child care program.
(3) This section does not prohibit a municipality from:
(a) requiring a business license to operate a business within the municipality; or
(b) imposing requirements related to building, health, and fire codes.
Section 17. Section 
10-8-85.5
 is amended to read:
10-8-85.5.
"Rental dwelling" defined -- Municipality may require a business
license or a regulatory business license and inspections -- Exception.
(1) As used in this section, "rental dwelling" means a building or portion of a building
that is:
(a) used or designated for use as a residence by one or more persons; and
(b) (i) available to be rented, loaned, leased, or hired out for a period of one month or
longer; or
(ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period of
one month or longer.
(2) (a) The legislative body of a municipality may by ordinance require the owner of a
rental dwelling located within the municipality:
(i) to obtain a business license pursuant to Section 
10-1-203
; or
(ii) (A) to obtain a regulatory business license to operate and maintain the rental
dwelling in accordance with Section 
10-1-203.5
; and
(B) to allow inspections of the rental dwelling as a condition of obtaining a regulatory
business license.
(b) A municipality may not require an owner of multiple rental dwellings or multiple
buildings containing rental dwellings to obtain more than one regulatory business license for
the operation and maintenance of those rental dwellings.
(c) A municipality may not charge a fee for the inspection of a rental dwelling.
(d) If a municipality's inspection of a rental dwelling, allowed under Subsection
(2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a
municipality may not inspect that rental dwelling except as provided for in Section 
10-1-203.5
.
(3) A municipality may not:
(a) interfere with the ability of an owner of a rental dwelling to contract with a tenant
concerning the payment of the cost of a utility or municipal service provided to the rental
dwelling; or
(b) except as required under the State Construction Code or an approved code under
Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling,
or as required in an ordinance adopted before January 1, 2008, require the owner of a rental
dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that
was not required when the rental dwelling was constructed.
(4) Nothing in this section shall be construed to affect the rights and duties established
under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to
enforce its generally applicable health ordinances or building code, a local health department's
authority under Title 26A, Chapter 1, Local Health Departments, or the [
Utah Department of
Health's
] 
Department of Health and Human Service's
 authority under [
Title 26, Utah Health
Code
] 
Title 26B, Utah Health and Human Services Code
.
Section 18. Section 
10-8-90
 is amended to read:
10-8-90.
Ownership and operation of hospitals.
(1) Each city of the third, fourth, or fifth class and each town of the state is authorized
to construct, own, and operate hospitals and to join with other cities, towns, and counties in the
construction, ownership, and operation of hospitals.
(2) (a) Beginning July 1, 2017, a hospital under Subsection (1) that owns a nursing care
facility regulated under [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection
Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
, and uses an
intergovernmental transfer as that term is defined in Section [
26-18-21
] 
26B-3-130
 may not
enter into a new agreement or arrangement to operate a nursing care facility in another city,
town, or county without first entering into an agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, or other contract with the other city, town, or county to operate the nursing
care facility.
(b) Subsection (2)(a) only applies to a city or town described in Subsection (1).
Section 19. Section 
10-9a-103
 is amended to read:
10-9a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
public utility, property owner, property owners association, or the [
Utah
] Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c) the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality provides notice to an affected entity in compliance
with a requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
(6); and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that a charter school authorizer approves in accordance
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
uses, may not be compatible in some areas or may be compatible only if certain conditions are
required that mitigate or eliminate the detrimental impacts.
(9) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(10) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(11) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(12) (a) "Development agreement" means a written agreement or amendment to a
written agreement between a municipality and one or more parties that regulates or controls the
use or development of a specific area of land.
(b) "Development agreement" does not include an improvement completion assurance.
(13) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(14) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (14)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (14)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
(ii) a therapeutic school.
(15) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(16) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(17) "General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(18) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(19) "Historic preservation authority" means a person, board, commission, or other
body designated by a legislative body to:
(a) recommend land use regulations to preserve local historic districts or areas; and
(b) administer local historic preservation land use regulations within a local historic
district or area.
(20) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(21) "Identical plans" means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans";
(b) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the municipality; and
(iv) does not require any additional engineering or analysis.
(22) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(23) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a municipality to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(24) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(25) "Improvement warranty period" means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or
(b) no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the municipality has not otherwise required the applicant to mitigate the suspect soil.
(26) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human occupation; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) whether the improvement is public or private, as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(27) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(28) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(29) "Land use application":
(a) means an application that is:
(i) required by a municipality; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(30) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(31) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit; or
(b) a land use application.
(32) "Land use permit" means a permit issued by a land use authority.
(33) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(34) "Legislative body" means the municipal council.
(35) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(36) "Local historic district or area" means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features,
archeological sites, or works of art that contribute to the historic preservation goals of a
legislative body; and
(b) is subject to land use regulations to preserve the historic significance of the local
historic district or area.
(37) "Lot" means a tract of land, regardless of any label, that is created by and shown
on a subdivision plat that has been recorded in the office of the county recorder.
(38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or between a lot and adjoining parcels in accordance with Section 
10-9a-608
:
(i) whether or not the lots are located in the same subdivision; and
(ii) with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
(39) "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
(40) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the city is located.
(41) "Municipal utility easement" means an easement that:
(a) is created or depicted on a plat recorded in a county recorder's office and is
described as a municipal utility easement granted for public use;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the municipality or the municipality's affiliated governmental entity uses and
occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
water, or communications or data lines;
(d) is used or occupied with the consent of the municipality in accordance with an
authorized franchise or other agreement;
(e) (i) is used or occupied by a specified public utility in accordance with an authorized
franchise or other agreement; and
(ii) is located in a utility easement granted for public use; or
(f) is described in Section 
10-9a-529
 and is used by a specified public utility.
(42) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(43) "Noncomplying structure" means a structure that:
(a) legally existed before the structure's current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations, which
govern the use of land.
(44) "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance governing
the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(45) "Official map" means a map drawn by municipal authorities and recorded in a
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the municipality's general plan.
(46) "Parcel" means any real property that is not a lot.
(47) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
agreement in accordance with Section 
10-9a-524
, if no additional parcel is created and:
(i) none of the property identified in the agreement is a lot; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
the Department of Transportation.
(48) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(49) "Plan for moderate income housing" means a written document adopted by a
municipality's legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
municipality;
(b) an estimate of the need for moderate income housing in the municipality for the
next five years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the municipality's program to encourage an adequate supply of
moderate income housing.
(50) "Plat" means an instrument subdividing property into lots as depicted on a map or
other graphical representation of lands that a licensed professional land surveyor makes and
prepares in accordance with Section 
10-9a-603
 or 
57-8-13
.
(51) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(52) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(53) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(54) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(55) "Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
(56) "Receiving zone" means an area of a municipality that the municipality
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(57) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(58) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
[
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
]
[
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
]
(b) which is licensed or certified by the Department of Health and Human Services
under:
(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(59) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(60) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(61) "Sending zone" means an area of a municipality that the municipality designates,
by ordinance, as an area from which an owner of land may transfer a transferable development
right.
(62) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(63) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(64) "State" includes any department, division, or agency of the state.
(65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
the division includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (65)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable land use ordinance;
(ii) a boundary line agreement recorded with the county recorder's office between
owners of adjoining parcels adjusting the mutual boundary in accordance with Section
10-9a-524
 if no new parcel is created;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal descriptions of multiple parcels into one legal description
encompassing all such parcels; or
(B) joining a lot to a parcel;
(iv) a boundary line agreement between owners of adjoining subdivided properties
adjusting the mutual lot line boundary in accordance with Sections 
10-9a-524
 and 
10-9a-608
 if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(v) a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A) is in anticipation of future land use approvals on the parcel or parcels;
(B) does not confer any land use approvals; and
(C) has not been approved by the land use authority;
(vi) a parcel boundary adjustment;
(vii) a lot line adjustment;
(viii) a road, street, or highway dedication plat;
(ix) a deed or easement for a road, street, or highway purpose; or
(x) any other division of land authorized by law.
(66) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
10-9a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(67) "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
(68) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(69) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who 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 a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(70) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(71) "Unincorporated" means the area outside of the incorporated area of a city or
town.
(72) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(73) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 20. Section 
10-9a-520
 is amended to read:
10-9a-520.
Licensing of residences for persons with a disability.
The responsibility to license programs or entities that operate facilities for persons with
a disability, as well as to require and monitor the provision of adequate services to persons
residing in those facilities, shall rest with 
the Department of Health and Human Services as
provided in
:
[
(1) for programs or entities licensed or certified by the Department of Human
Services, the Department of Human Services as provided in Title 62A, Chapter 5, Services for
People with Disabilities; and
]
[
(2) for programs or entities licensed or certified by the Department of Health, the
Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act.
]
(1) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
 (2) Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities.
Section 21. Section 
10-9a-528
 is amended to read:
10-9a-528.
Cannabis production establishments, medical cannabis pharmacies,
and industrial hemp producer licensee.
(1) As used in this section:
(a) "Cannabis production establishment" means the same as that term is defined in
Section 
4-41a-102
.
(b) "Industrial hemp producer licensee" means the same as the term "licensee" is
defined in Section 
4-41-102
.
(c) "Medical cannabis pharmacy" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(2) (a) (i) A municipality may not regulate a cannabis production establishment in
conflict with:
(A) Title 4, Chapter 41a, Cannabis Production Establishments, and applicable
jurisprudence; and
(B) this chapter.
(ii) A municipality may not regulate a medical cannabis pharmacy in conflict with:
(A) [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
, and applicable jurisprudence; and
(B) this chapter.
(iii) A municipality may not regulate an industrial hemp producer licensee in conflict
with:
(A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
(B) this chapter.
(b) The Department of Agriculture and Food has plenary authority to license programs
or entities that operate a cannabis production establishment.
(c) The Department of Health 
and Human Services
 has plenary authority to license
programs or entities that operate a medical cannabis pharmacy.
(3) (a) Within the time period described in Subsection (3)(b), a municipality shall
prepare and adopt a land use regulation, development agreement, or land use decision in
accordance with this title and:
(i) regarding a cannabis production establishment, Section 
4-41a-406
; or
(ii) regarding a medical cannabis pharmacy, Section [
26-61a-507
] 
26B-4-235
.
(b) A municipality shall take the action described in Subsection (3)(a):
(i) before January 1, 2021, within 45 days after the day on which the municipality
receives a petition for the action; and
(ii) after January 1, 2021, in accordance with Subsection 
10-9a-509.5
(2).
Section 22. Section 
11-46-102
 is amended to read:
11-46-102.
Definitions.
As used in this chapter:
(1) "Animal" means a cat or dog.
(2) "Animal control officer" means any person employed or appointed by a county or a
municipality who is authorized to investigate violations of laws and ordinances concerning
animals, to issue citations in accordance with Utah law, and take custody of animals as
appropriate in the enforcement of the laws and ordinances.
(3) "Animal shelter" means a facility or program:
(a) providing services for stray, lost, or unwanted animals, including holding and
placing the animals for adoption, but does not include an institution conducting research on
animals, as defined in Section [
26-26-1
] 
26B-1-236
; or
(b) a private humane society or private animal welfare organization.
(4) "Person" means an individual, an entity, or a representative of an entity.
Section 23. Section 
11-48-101.5
 is amended to read:
11-48-101.5.
Definitions.
As used in this chapter:
(1) (a) "911 ambulance services" means ambulance services rendered in response to a
911 call received by a designated dispatch center that receives 911 or E911 calls.
(b) "911 ambulance services" does not mean a seven or ten digit telephone call
received directly by an ambulance provider licensed under [
Title 26, Chapter 8a, Utah
Emergency Medical Services System Act
] 
Title 26B, Chapter 4, Part 1, Utah Emergency
Medical Services System
.
(2) "Municipality" means a city, town, or metro township.
(3) "Political subdivision" means a county, city, town, local district, or special district.
Section 24. Section 
11-48-103
 is amended to read:
11-48-103.
Provision of 911 ambulance services in municipalities and counties.
(1) The governing body of each municipality and county shall, subject to [
Title 26,
Chapter 8a, Part 4, Ambulance and Paramedic Providers
] 
Title 26B, Chapter 4, Part 1, Utah
Emergency Medical Services System
, ensure at least a minimum level of 911 ambulance
services are provided:
(a) within the territorial limits of the municipality or county;
(b) by a ground ambulance provider, licensed by the Department of Health 
and Human
Services
 under [
Title 26, Chapter 8a, Part 4, Ambulance and Paramedic Providers
] 
Title 26B,
Chapter 4, Part 1, Utah Emergency Medical Services System
; and
(c) in accordance with rules established by the State Emergency Medical Services
Committee under [
Subsection 
26-8a-104
(8)
] 
Section 26B-1-404
.
(2) A municipality or county may:
(a) subject to Subsection (3), maintain and support 911 ambulance services for the
municipality's or county's own jurisdiction; or
(b) contract to:
(i) provide 911 ambulance services to any county, municipal corporation, local district,
special service district, interlocal entity, private corporation, nonprofit corporation, state
agency, or federal agency;
(ii) receive 911 ambulance services from any county, municipal corporation, local
district, special service district, interlocal entity, private corporation, nonprofit corporation,
state agency, or federal agency;
(iii) jointly provide 911 ambulance services with any county, municipal corporation,
local district, special service district, interlocal entity, private corporation, nonprofit
corporation, state agency, or federal agency; or
(iv) contribute toward the support of 911 ambulance services in any county, municipal
corporation, local district, special service district, interlocal entity, private corporation,
nonprofit corporation, state agency, or federal agency in return for 911 ambulance services.
(3) (a) A municipality or county that maintains and supports 911 ambulance services
for the municipality's or county's own jurisdiction under Subsection (2)(a) shall obtain a license
as a ground ambulance provider from the Department of Health 
and Human Services
 under
[
Title 26, Chapter 8a, Part 4, Ambulance and Paramedic Providers
] 
Title 26B, Chapter 4, Part
1, Utah Emergency Medical Services System
.
(b) [
Subsections 
26-8a-405
] 
Sections 
26B-4-154
 through [
26-8a-405.3
] 
26B-4-157
 do
not apply to a license described in Subsection (3)(a).
Section 25. Section 
13-5b-103
 is amended to read:
13-5b-103.
Contract negotiation standards.
(1) An integrated health system shall prohibit any employee or independent contractor
of any division, subsidiary, or affiliate engaged in the business of health insurance from
negotiating contracts on behalf of the integrated health care system's health care facilities,
subject to licensing under [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection
Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
, with any other
licensed health insurer in the state.
(2) An integrated health system shall prohibit the disclosure of contract pricing terms
between the integrated health care system's health care facilities and other health insurers with
the integrated health care system's divisions, subsidiaries, or affiliates which are engaged in the
business of health insurance.
Section 26. Section 
13-59-102
 is amended to read:
13-59-102.
Definitions.
As used in this chapter:
(1) "Enrollee" means the same as that term is defined in Section 
31A-1-301
.
(2) "Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(3) "Health care provider" means a person licensed to provide health care under:
(a) [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B,
Chapter 2, Part 2, Health Care Facility Licensing and Inspection
; or
(b) Title 58, Occupations and Professions.
Section 27. Section 
13-60-102
 is amended to read:
Part 1. Genetic Information Privacy Act
13-60-102.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Biological sample" means any human material known to contain DNA, including
tissue, blood, urine, or saliva.
(2) "Consumer" means an individual who is a resident of the state.
(3) "Deidentified data" means data that:
(a) cannot reasonably be linked to an identifiable individual; and
(b) possessed by a company that:
(i) takes administrative and technical measures to ensure that the data cannot be
associated with a particular consumer;
(ii) makes a public commitment to maintain and use data in deidentified form and not
attempt to reidentify data; and
(iii) enters into legally enforceable contractual obligation that prohibits a recipient of
the data from attempting to reidentify the data.
(4) "Direct-to-consumer genetic testing company" or "company" means an entity that:
(a) offers consumer genetic testing products or services directly to consumers; or
(b) collects, uses, or analyzes genetic data that a consumer provides to the entity.
(5) "DNA" means deoxyribonucleic acid.
(6) "Express consent" means a consumer's affirmative response to a clear, meaningful,
and prominent notice regarding the collection, use, or disclosure of genetic data for a specific
purpose.
(7) (a) "Genetic data" means any data, regardless of format, concerning a consumer's
genetic characteristics.
(b) "Genetic data" includes:
(i) raw sequence data that result from sequencing all or a portion of a consumer's
extracted DNA;
(ii) genotypic and phenotypic information obtained from analyzing a consumer's raw
sequence data; and
(iii) self-reported health information regarding a consumer's health conditions that the
consumer provides to a company that the company:
(A) uses for scientific research or product development; and
(B) analyzes in connection with the consumer's raw sequence data.
(c) "Genetic data" does not include deidentified data.
(8) "Genetic testing" means:
(a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes,
genes, or gene products to determine the presence of genetic characteristics of the consumer; or
(b) an interpretation of a consumer's genetic data.
Section 28. Section 
13-60-103
 is amended to read:
13-60-103.
Limitations.
This [
chapter
] 
part
 does not apply to:
(1) protected health information that is collected by a covered entity or business
associate as those terms are defined in 45 C.F.R. Parts 160 and 164;
(2) a public or private institution of higher education; or
(3) an entity owned or operated by a public or private institution of higher education.
Section 29. Section 
13-60-104
, which is renumbered from Section 13-60-201 is
renumbered and amended to read:
[
13-60-201
].
 13-60-104.
Consumer genetic information -- Privacy notice --
Consent -- Access -- Deletion -- Destruction.
(1) A direct-to-consumer genetic testing company shall:
(a) provide to a consumer:
(i) essential information about the company's collection, use, and disclosure of genetic
data; and
(ii) a prominent, publicly available privacy notice that includes information about the
company's data collection, consent, use, access, disclosure, transfer, security, retention, and
deletion practices;
(b) obtain a consumer's initial express consent for collection, use, or disclosure of the
consumer's genetic data that:
(i) clearly describes the company's use of the genetic data that the company collects
through the company's genetic testing product or service;
(ii) specifies who has access to test results; and
(iii) specifies how the company may share the genetic data;
(c) if the company engages in any of the following, obtain a consumer's:
(i) separate express consent for:
(A) the transfer or disclosure of the consumer's genetic data to any person other than
the company's vendors and service providers;
(B) the use of genetic data beyond the primary purpose of the company's genetic testing
product or service; or
(C) the company's retention of any biological sample provided by the consumer
following the company's completion of the initial testing service requested by the consumer;
(ii) informed consent in accordance with the Federal Policy for the Protection of
Human Subjects, 45 C.F.R. Part 46, for transfer or disclosure of the consumer's genetic data to
a third party for:
(A) research purposes; or
(B) research conducted under the control of the company for the purpose of publication
or generalizable knowledge; and
(iii) express consent for:
(A) marketing to a consumer based on the consumer's genetic data; or
(B) marketing by a third party person to a consumer based on the consumer having
ordered or purchased a genetic testing product or service;
(d) require valid legal process for the company's disclosure of a consumer's genetic
data to law enforcement or any government entity without the consumer's express written
consent;
(e) develop, implement, and maintain a comprehensive security program to protect a
consumer's genetic data against unauthorized access, use, or disclosure; and
(f) provide a process for a consumer to:
(i) access the consumer's genetic data;
(ii) delete the consumer's account and genetic data; and
(iii) destroy the consumer's biological sample.
(2) Notwithstanding Subsection (1)(c)(iii), a direct-to-consumer genetic testing
company with a first-party relationship to a consumer may, without obtaining the consumer's
express consent, provide customized content or offers on the company's website or through the
company's application or service.
Section 30. Section 
13-60-105
, which is renumbered from Section 13-60-202 is
renumbered and amended to read:
[
13-60-202
].
 13-60-105.
Prohibited disclosures.
A direct-to-consumer genetic testing company may not disclose a consumer's genetic
data without the consumer's written consent to:
(1) an entity that offers health insurance, life insurance, or long-term care insurance; or
(2) an employer of the consumer.
Section 31. Section 
13-60-106
, which is renumbered from Section 13-60-301 is
renumbered and amended to read:
[
13-60-301
].
 13-60-106.
Enforcement powers of the attorney general.
(1) The attorney general may enforce this [
chapter
] 
part
.
(2) The attorney general may initiate a civil enforcement action against a person for
violating this [
chapter
] 
part
.
(3) In an action to enforce this [
chapter
] 
part
, the attorney general may recover:
(a) actual damages to the consumer;
(b) costs;
(c) attorney fees; and
(d) $2,500 for each violation of this [
chapter
] 
part
.
Section 32. Section 
13-60-203
, which is renumbered from Section 26-45-102 is
renumbered and amended to read:
Part 2. Genetic Testing and Procedure Privacy Act
[
26-45-102
].
 13-60-203.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Blood relative" means an individual's biologically related:
(a) parent;
(b) grandparent;
(c) child;
(d) grandchild;
(e) sibling;
(f) uncle;
(g) aunt;
(h) nephew;
(i) niece; or
(j) first cousin.
(2) "DNA" means:
(a) deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may be analyzed
to detect heritable diseases or conditions, including the identification of carriers, predicting risk
of disease, or establishing a clinical diagnosis; or
(b) proteins, enzymes, or other molecules associated with a genetic process, which may
be modified, replaced in part or whole, superseded, or bypassed in function by a health or
medical procedure.
(3) "DNA sample" means any human biological specimen from which DNA can be
extracted, or DNA extracted from such specimen.
(4) "Employer" means the same as that term is defined in Section 
34A-2-103
.
(5) (a) "Genetic analysis" or "genetic test" means the testing, detection, or analysis of
an identifiable individual's DNA that results in information that is derived from the presence,
absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a
specific DNA marker or markers.
(b) "Genetic analysis" or "genetic test" does not mean:
(i) a routine physical examination;
(ii) a routine chemical, blood, or urine analysis;
(iii) a test to identify the presence of drugs or HIV infection; or
(iv) a test performed due to the presence of signs, symptoms, or other manifestations of
a disease, illness, impairment, or other disorder.
(6) "Genetic procedure" means any therapy, treatment, or medical procedure that is
intended to:
(a) add, remove, alter, activate, change, or cause mutation in an individual's inherited
DNA; or
(b) replace, supersede, or bypass a normal DNA function.
(7) "Health care insurance" means the same as that term is defined in Section
31A-1-301
.
(8) (a) "Private genetic information" means any information about an identifiable
individual that:
(i) is derived from:
(A) the presence, absence, alteration, or mutation of an inherited gene or genes; or
(B) the presence or absence of a specific DNA marker or markers; and
(ii) has been obtained:
(A) from a genetic test or analysis of the individual's DNA;
(B) from a genetic test or analysis of the DNA of a blood relative of the individual; or
(C) from a genetic procedure.
(b) "Private genetic information" does not include information that is derived from:
(i) a routine physical examination;
(ii) a routine chemical, blood, or urine analysis;
(iii) a test to identify the presence of drugs or HIV infection; or
(iv) a test performed due to the presence of signs, symptoms, or other manifestations of
a disease, illness, impairment, or other disorder.
Section 33. Section 
13-60-204
, which is renumbered from Section 26-45-103 is
renumbered and amended to read:
[
26-45-103
].
 13-60-204.
Restrictions on employers.
(1) Except as provided in Subsection (2), an employer may not in connection with a
hiring, promotion, retention, or other related decision:
(a) access or otherwise take into consideration private genetic information about an
individual;
(b) request or require an individual to consent to a release for the purpose of accessing
private genetic information about the individual;
(c) request or require an individual or the individual's blood relative to submit to:
(i) a genetic test; or
(ii) a genetic procedure; or
(d) inquire into or otherwise take into consideration the fact that an individual or the
individual's blood relative has:
(i) taken or refused to take a genetic test; or
(ii) undergone or refused to undergo a genetic procedure.
(2) (a) Notwithstanding Subsection (1), an employer may seek an order compelling the
disclosure of private genetic information held by an individual or third party pursuant to
Subsection (2)(b) in connection with:
(i) an employment-related judicial or administrative proceeding in which the individual
has placed his health at issue; or
(ii) an employment-related decision in which the employer has a reasonable basis to
believe that the individual's health condition poses a real and unjustifiable safety risk requiring
the change or denial of an assignment.
(b) (i) An order compelling the disclosure of private genetic information pursuant to
this Subsection (2) may only be entered upon a finding that:
(A) other ways of obtaining the private information are not available or would not be
effective; and
(B) there is a compelling need for the private genetic information which substantially
outweighs the potential harm to the privacy interests of the individual.
(ii) An order compelling the disclosure of private genetic information pursuant to this
Subsection (2) shall:
(A) limit disclosure to those parts of the record containing information essential to
fulfill the objective of the order;
(B) limit disclosure to those persons whose need for the information is the basis of the
order; and
(C) include such other measures as may be necessary to limit disclosure for the
protection of the individual.
Section 34. Section 
13-60-205
, which is renumbered from Section 26-45-104 is
renumbered and amended to read:
[
26-45-104
].
 13-60-205.
Restrictions on health insurers.
(1) Except as provided in Subsection (2), an insurer offering health care insurance may
not in connection with the offer or renewal of an insurance product or in the determination of
premiums, coverage, renewal, cancellation, or any other underwriting decision that pertains
directly to the individual or any group of which the individual is a member that purchases
insurance jointly:
(a) access or otherwise take into consideration private genetic information about an
asymptomatic individual;
(b) request or require an asymptomatic individual to consent to a release for the
purpose of accessing private genetic information about the individual;
(c) request or require an asymptomatic individual or the individual's blood relative to
submit to a genetic test;
(d) inquire into or otherwise take into consideration the fact that an asymptomatic
individual or the individual's blood relative has taken or refused to take a genetic test;
(e) request or require an individual or the individual's blood relative to submit to a
genetic procedure; or
(f) inquire into the results of a genetic procedure that an individual or the individual's
blood relative undergoes.
(2) An insurer offering health care insurance:
(a) may request information regarding the necessity of a genetic test, but not the results
of the test, if a claim for payment for the test has been made against an individual's health
insurance policy;
(b) may request information regarding the necessity of a genetic procedure, including
the results of the procedure, if a claim for payment for the procedure has been made against an
individual's health insurance policy;
(c) may request that portion of private genetic information that is necessary to
determine the insurer's obligation to pay for health care services where:
(i) the primary basis for rendering such services to an individual is the result of a
genetic test; and
(ii) a claim for payment for such services has been made against the individual's health
insurance policy;
(d) may only store information obtained under this Subsection (2) in accordance with
the provisions of the Health Insurance Portability and Accountability Act of 1996; and
(e) may only use or otherwise disclose the information obtained under this Subsection
(2) in connection with a proceeding to determine the obligation of an insurer to pay for a
genetic test or health care services, provided that, in accordance with the provisions of the
Health Insurance Portability and Accountability Act of 1996, the insurer makes a reasonable
effort to limit disclosure to the minimum necessary to carry out the purposes of the disclosure.
(3) (a) An insurer may, to the extent permitted by Subsection (2), seek an order
compelling the disclosure of private genetic information held by an individual or third party.
(b) An order authorizing the disclosure of private genetic information pursuant to this
Subsection (2) shall:
(i) limit disclosure to those parts of the record containing information essential to
fulfill the objectives of the order;
(ii) limit disclosure to those persons whose need for the information is the basis for the
order; and
(iii) include such other measures as may be necessary to limit disclosure for the
protection of the individual.
(4) Nothing in this section may be construed as restricting the ability of an insurer to
use information other than private genetic information to take into account the health status of
an individual, group, or population in determining premiums or making other underwriting
decisions.
(5) Nothing in this section may be construed as:
(a) requiring an insurer to pay for genetic testing or a genetic procedure; or
(b) prohibiting the use of step-therapy protocols.
(6) Information maintained by an insurer about an individual under this section may be
redisclosed:
(a) to protect the interests of the insurer in detecting, prosecuting, or taking legal action
against criminal activity, fraud, material misrepresentations, and material omissions;
(b) to enable business decisions to be made about the purchase, transfer, merger,
reinsurance, or sale of all or part of the insurer's business; and
(c) to the commissioner of insurance upon formal request.
Section 35. Section 
13-60-206
, which is renumbered from Section 26-45-105 is
renumbered and amended to read:
[
26-45-105
].
 13-60-206.
Private right of action.
(1) (a) An individual whose legal rights arising under this [
chapter
] 
part
 have been
violated after June 30, 2003, may recover damages and be granted equitable relief in a civil
action.
(b) Subsection (1)(a) does not create a legal right prior to the Legislature enacting the
right under this [
chapter
] 
part
.
(2) Any insurance company or employer who violates the legal rights of an individual
arising from this [
chapter
] 
part
 shall be liable to the individual for each separate violation in an
amount equal to:
(a) actual damages sustained as a result of the violation;
(b) (i) $100,000 if the violation is the result of an intentional and willful act; or
(ii) punitive damages if the violation is the result of a malicious act; and
(c) reasonable attorneys' fees.
Section 36. Section 
13-60-207
, which is renumbered from Section 26-45-106 is
renumbered and amended to read:
[
26-45-106
].
 13-60-207.
Enforcement.
(1) Whenever the attorney general has reason to believe that any person is using or is
about to use any method, act, or practice in violation of the provisions of this [
chapter
] 
part
,
and that proceedings would be in the public interest, the attorney general may bring an action
against the person to restrain or enjoin the use of such method, act, or practice.
(2) In addition to restraining or enjoining the use of a method, act, or practice, the court
may, after June 30, 2003, require the payment of:
(a) a civil fine of not more than $25,000 for each separate intentional violation; and
(b) reasonable costs of investigation and litigation, including reasonable attorneys' fees.
Section 37. Section 
13-61-101 (Effective 12/31/23)
 is amended to read:
13-61-101 (Effective 12/31/23).
Definitions.
As used in this chapter:
(1) "Account" means the Consumer Privacy Restricted Account established in Section
13-61-403
.
(2) "Affiliate" means an entity that:
(a) controls, is controlled by, or is under common control with another entity; or
(b) shares common branding with another entity.
(3) "Aggregated data" means information that relates to a group or category of
consumers:
(a) from which individual consumer identities have been removed; and
(b) that is not linked or reasonably linkable to any consumer.
(4) "Air carrier" means the same as that term is defined in 49 U.S.C. Sec. 40102.
(5) "Authenticate" means to use reasonable means to determine that a consumer's
request to exercise the rights described in Section 
13-61-201
 is made by the consumer who is
entitled to exercise those rights.
(6) (a) "Biometric data" means data generated by automatic measurements of an
individual's unique biological characteristics.
(b) "Biometric data" includes data described in Subsection (6)(a) that are generated by
automatic measurements of an individual's fingerprint, voiceprint, eye retinas, irises, or any
other unique biological pattern or characteristic that is used to identify a specific individual.
(c) "Biometric data" does not include:
(i) a physical or digital photograph;
(ii) a video or audio recording;
(iii) data generated from an item described in Subsection (6)(c)(i) or (ii);
(iv) information captured from a patient in a health care setting; or
(v) information collected, used, or stored for treatment, payment, or health care
operations as those terms are defined in 45 C.F.R. Parts 160, 162, and 164.
(7) "Business associate" means the same as that term is defined in 45 C.F.R. Sec.
160.103.
(8) "Child" means an individual younger than 13 years old.
(9) "Consent" means an affirmative act by a consumer that unambiguously indicates
the consumer's voluntary and informed agreement to allow a person to process personal data
related to the consumer.
(10) (a) "Consumer" means an individual who is a resident of the state acting in an
individual or household context.
(b) "Consumer" does not include an individual acting in an employment or commercial
context.
(11) "Control" or "controlled" as used in Subsection (2) means:
(a) ownership of, or the power to vote, more than 50% of the outstanding shares of any
class of voting securities of an entity;
(b) control in any manner over the election of a majority of the directors or of the
individuals exercising similar functions; or
(c) the power to exercise controlling influence of the management of an entity.
(12) "Controller" means a person doing business in the state who determines the
purposes for which and the means by which personal data are processed, regardless of whether
the person makes the determination alone or with others.
(13) "Covered entity" means the same as that term is defined in 45 C.F.R. Sec.
160.103.
(14) "Deidentified data" means data that:
(a) cannot reasonably be linked to an identified individual or an identifiable individual;
and
(b) are possessed by a controller who:
(i) takes reasonable measures to ensure that a person cannot associate the data with an
individual;
(ii) publicly commits to maintain and use the data only in deidentified form and not
attempt to reidentify the data; and
(iii) contractually obligates any recipients of the data to comply with the requirements
described in Subsections (14)(b)(i) and (ii).
(15) "Director" means the director of the Division of Consumer Protection.
(16) "Division" means the Division of Consumer Protection created in Section 
13-2-1
.
(17) "Governmental entity" means the same as that term is defined in Section
63G-2-103
.
(18) "Health care facility" means the same as that term is defined in Section [
26-21-2
]
26B-2-201
.
(19) "Health care provider" means the same as that term is defined in Section [
26-21-2
]
78B-3-403
.
(20) "Identifiable individual" means an individual who can be readily identified,
directly or indirectly.
(21) "Institution of higher education" means a public or private institution of higher
education.
(22) "Local political subdivision" means the same as that term is defined in Section
11-14-102
.
(23) "Nonprofit corporation" means:
(a) the same as that term is defined in Section 
16-6a-102
; or
(b) a foreign nonprofit corporation as defined in Section 
16-6a-102
.
(24) (a) "Personal data" means information that is linked or reasonably linkable to an
identified individual or an identifiable individual.
(b) "Personal data" does not include deidentified data, aggregated data, or publicly
available information.
(25) "Process" means an operation or set of operations performed on personal data,
including collection, use, storage, disclosure, analysis, deletion, or modification of personal
data.
(26) "Processor" means a person who processes personal data on behalf of a controller.
(27) "Protected health information" means the same as that term is defined in 45 C.F.R.
Sec. 160.103.
(28) "Pseudonymous data" means personal data that cannot be attributed to a specific
individual without the use of additional information, if the additional information is:
(a) kept separate from the consumer's personal data; and
(b) subject to appropriate technical and organizational measures to ensure that the
personal data are not attributable to an identified individual or an identifiable individual.
(29) "Publicly available information" means information that a person:
(a) lawfully obtains from a record of a governmental entity;
(b) reasonably believes a consumer or widely distributed media has lawfully made
available to the general public; or
(c) if the consumer has not restricted the information to a specific audience, obtains
from a person to whom the consumer disclosed the information.
(30) "Right" means a consumer right described in Section 
13-61-201
.
(31) (a) "Sale," "sell," or "sold" means the exchange of personal data for monetary
consideration by a controller to a third party.
(b) "Sale," "sell," or "sold" does not include:
(i) a controller's disclosure of personal data to a processor who processes the personal
data on behalf of the controller;
(ii) a controller's disclosure of personal data to an affiliate of the controller;
(iii) considering the context in which the consumer provided the personal data to the
controller, a controller's disclosure of personal data to a third party if the purpose is consistent
with a consumer's reasonable expectations;
(iv) the disclosure or transfer of personal data when a consumer directs a controller to:
(A) disclose the personal data; or
(B) interact with one or more third parties;
(v) a consumer's disclosure of personal data to a third party for the purpose of
providing a product or service requested by the consumer or a parent or legal guardian of a
child;
(vi) the disclosure of information that the consumer:
(A) intentionally makes available to the general public via a channel of mass media;
and
(B) does not restrict to a specific audience; or
(vii) a controller's transfer of personal data to a third party as an asset that is part of a
proposed or actual merger, an acquisition, or a bankruptcy in which the third party assumes
control of all or part of the controller's assets.
(32) (a) "Sensitive data" means:
(i) personal data that reveals:
(A) an individual's racial or ethnic origin;
(B) an individual's religious beliefs;
(C) an individual's sexual orientation;
(D) an individual's citizenship or immigration status; or
(E) information regarding an individual's medical history, mental or physical health
condition, or medical treatment or diagnosis by a health care professional;
(ii) the processing of genetic personal data or biometric data, if the processing is for the
purpose of identifying a specific individual; or
(iii) specific geolocation data.
(b) "Sensitive data" does not include personal data that reveals an individual's:
(i) racial or ethnic origin, if the personal data are processed by a video communication
service; or
(ii) if the personal data are processed by a person licensed to provide health care under
[
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2,
Part 2, Health Care Facility Licensing and Inspection
, or Title 58, Occupations and Professions,
information regarding an individual's medical history, mental or physical health condition, or
medical treatment or diagnosis by a health care professional.
(33) (a) "Specific geolocation data" means information derived from technology,
including global position system level latitude and longitude coordinates, that directly
identifies an individual's specific location, accurate within a radius of 1,750 feet or less.
(b) "Specific geolocation data" does not include:
(i) the content of a communication; or
(ii) any data generated by or connected to advanced utility metering infrastructure
systems or equipment for use by a utility.
(34) (a) "Targeted advertising" means displaying an advertisement to a consumer
where the advertisement is selected based on personal data obtained from the consumer's
activities over time and across nonaffiliated websites or online applications to predict the
consumer's preferences or interests.
(b) "Targeted advertising" does not include advertising:
(i) based on a consumer's activities within a controller's website or online application
or any affiliated website or online application;
(ii) based on the context of a consumer's current search query or visit to a website or
online application;
(iii) directed to a consumer in response to the consumer's request for information,
product, a service, or feedback; or
(iv) processing personal data solely to measure or report advertising:
(A) performance;
(B) reach; or
(C) frequency.
(35) "Third party" means a person other than:
(a) the consumer, controller, or processor; or
(b) an affiliate or contractor of the controller or the processor.
(36) "Trade secret" means information, including a formula, pattern, compilation,
program, device, method, technique, or process, that:
(a) derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can
obtain economic value from the information's disclosure or use; and
(b) is the subject of efforts that are reasonable under the circumstances to maintain the
information's secrecy.
Section 38. Section 
15-4-1
 is amended to read:
15-4-1.
Definitions.
As used in this chapter:
(1) "Obligation" includes a liability in tort and contractual obligations[
;
]
.
(2) "Obligee" includes a creditor and a person having a right based on a tort[
;
]
.
(3) "Obligor" includes a debtor and a person liable for a tort[
;
]
.
(4) (a) "School fee" means a charge, deposit, rent, or other mandatory payment
imposed by:
(i) a public school as defined in Section [
26-39-102
] 
26B-2-401
; or
(ii) a private school that provides education to students in any grade from kindergarten
through grade 12.
(b) "School fee" includes:
(i) an admission fee;
(ii) a transportation charge; or
(iii) a charge, deposit, rent, or other mandatory payment imposed by a third party in
connection with an activity or function sponsored by a school described in Subsection (4)(a).
(5) "Several obligors" means obligors severally bound for the same performance.
(6) "Waiver" means the act of not requiring an individual to pay an amount that the
individual otherwise owes.
Section 39. Section 
15-4-6.7
 is amended to read:
15-4-6.7.
Medical and miscellaneous expenses of minor children -- Collection and
billing pursuant to court or administrative order of child support.
(1) When a court enters an order that provides for the payment of medical and dental
expenses of a minor child under Section 
30-3-5
, 
30-4-3
, or 
78B-12-111
, or an administrative
order under Section [
62A-11-326
] 
26B-9-224
, a provider who receives a copy of the order:
(a) at or before the time the provider renders medical or dental services to the minor
child shall, upon request from either parent, separately bill each parent for the share of the
medical and dental expenses that the parent is required to pay under the order; or
(b) within 30 days after the day on which the provider renders the medical or dental
service, may not:
(i) make a claim for unpaid medical and dental expenses against a parent who has paid
in full the share of the medical and dental expenses that the parent is required to pay under the
order; or
(ii) make a negative credit report under Section 
70C-7-107
, or report of the debtor's
repayment practices or credit history under Title 7, Chapter 14, Credit Information Exchange,
regarding a parent who has paid in full the share of the medical and dental expenses that the
parent is required to pay under the order.
(2) (a) When a court enters an order that provides for the payment of school fees of a
minor child under Section 
30-3-5
 or 
30-4-3
:
(i) a provider who receives a copy of the order before the day on which the provider
first issues a bill for a school fee shall, upon request from either parent, separately bill each
parent for the share of the school fee that the parent is required to pay under the order;
(ii) a provider who receives a copy of the order, regardless of whether the provider
receives the copy before, on, or after the day on which the provider first issues a bill for the
school fee may not make a negative credit report under Section 
70C-7-107
, or report of the
debtor's repayment practices or credit history under Title 7, Chapter 14, Credit Information
Exchange, regarding a parent who has paid in full the share of the school fee that the parent is
required to pay under the order; and
(iii) each parent is liable only for the share of the school fee that the parent is required
to pay under the order.
(b) A provider may bill a parent for the parent's share of a minor child's school fee
under an order described in Subsection (2)(a) regardless of whether the provider grants the
other parent a waiver for all or a portion of the other parent's share of the minor child's school
fee.
Section 40. Section 
15A-1-208
 is amended to read:
15A-1-208.
Standards for specialized buildings.
(1) This chapter may not be implied to repeal or otherwise affect the authority granted
to a state agency to make or administer standards for specialized buildings, as provided in:
(a) [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B,
Chapter 2, Part 1, Human Services Programs and Facilities
;
(b) [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title 26B, Chapter 2, Part 2,
Health Care Facility Licensing and Inspection
;
(c) [
Title 62A, Chapter 2, Licensure of Programs and Facilities
] 
Title 26B, Chapter 2,
Part 4, Child Care Licensing
;
(d) Title 64, Chapter 13, Department of Corrections - State Prison; or
(e) another statute that grants a state agency authority to make or administer other
special standards.
(2) If a special standard conflicts with a code, the special standard prevails.
(3) This chapter does not apply to the administration of the statutes described in
Subsection (1).
Section 41. Section 
15A-2-105
 is amended to read:
15A-2-105.
Scope of application.
(1) To the extent that a construction code adopted under Section 
15A-2-103
 establishes
a local administrative function or establishes a method of appeal which pursuant to Section
15A-1-207
 is designated to be established by the compliance agency:
(a) that provision of the construction code is not included in the State Construction
Code; and
(b) a compliance agency may establish provisions to establish a local administrative
function or a method of appeal.
(2) (a) To the extent that a construction code adopted under Subsection (1) establishes
a provision, standard, or reference to another code that by state statute is designated to be
established or administered by another state agency, or a local city, town, or county
jurisdiction:
(i) that provision of the construction code is not included in the State Construction
Code; and
(ii) the state agency or local government has authority over that provision of the
construction code.
(b) Provisions excluded under this Subsection (2) include:
(i) the International Property Maintenance Code;
(ii) the International Private Sewage Disposal Code, authority over which is reserved to
the Department of Health 
and Human Services
 and the Department of Environmental Quality;
(iii) the International Fire Code, authority over which is reserved to the board, pursuant
to Section 
15A-1-403
;
(iv) a day care provision that is in conflict with [
Title 26, Chapter 39, Utah Child Care
Licensing Act
] 
Title 26B, Chapter 2, Part 4, Child Care Licensing
, authority over which is
designated to the [
Utah
] Department of Health 
and Human Services
; and
(v) a wildland urban interface provision that goes beyond the authority under Section
15A-1-204
, for the State Construction Code, authority over which is designated to the [
Utah
]
Division of Forestry or to a local compliance agency.
(3) If a construction code adopted under Subsection 
15A-2-103
(1) establishes a
provision that exceeds the scope described in Chapter 1, Part 2, State Construction Code
Administration Act, to the extent the scope is exceeded, the provision is not included in the
State Construction Code.
Section 42. Section 
15A-3-102
 is amended to read:
15A-3-102.
Amendments to Chapters 1 through 3 of IBC.
(1) IBC, Section 106, is deleted.
(2) In IBC, Section 110, a new section is added as follows: " 110.3.5.1,
Weather-resistant exterior wall envelope. An inspection shall be made of the weather-resistant
exterior wall envelope as required by Section 1404.2, and flashing as required by Section
1404.4 to prevent water from entering the weather-resistive barrier."
(3) IBC, Section 115.1, is deleted and replaced with the following: "115.1 Authority. 
Whenever the building official finds any work regulated by this code being performed in a
manner either contrary to the provisions of this code or other pertinent laws or ordinances or is
dangerous or unsafe, the building official is authorized to stop work."
(4) In IBC, Section 202, the following definition is added for Ambulatory Surgical
Center: "AMBULATORY SURGICAL CENTER. A building or portion of a building licensed
by the Utah Department of Health 
and Human Services
 where procedures are performed that
may render patients incapable of self preservation where care is less than 24 hours. See Utah
Administrative Code R432-13."
(5) In IBC, Section 202, the following definition is added for Assisted Living Facility:
"ASSISTED LIVING FACILITY. See Residential Treatment/Support Assisted Living Facility,
Type I Assisted Living Facility, and Type II Assisted Living Facility."
(6) In IBC, Section 202, the definition for Foster Care Facilities is modified by deleting
the word "Foster" and replacing it with the word "Child."
(7) In IBC, Section 202, the definition for "[F]Record Drawings" is modified by
deleting the words "a fire alarm system" and replacing them with "any fire protection system."
(8) In IBC, Section 202, the following definition is added for Residential
Treatment/Support Assisted Living Facility: "RESIDENTIAL TREATMENT/SUPPORT
ASSISTED LIVING FACILITY. A residential facility that provides a group living
environment for four or more residents licensed by the Department of 
Health and
 Human
Services, and provides a protected living arrangement for ambulatory, non-restrained persons
who are capable of achieving mobility sufficient to exit the facility without the physical
assistance of another person."
(9) In IBC, Section 202, the following definition is added for Type I Assisted Living
Facility: "TYPE I ASSISTED LIVING FACILITY. A residential facility licensed by the
Department of Health 
and Human Services
 that provides a protected living arrangement,
assistance with activities of daily living and social care to two or more ambulatory,
non-restrained persons who are capable of mobility sufficient to exit the facility without the
assistance of another person. Subcategories are:
Limited Capacity: two to five residents;
Small: six to sixteen residents; and
Large: over sixteen residents."
(10) In IBC, Section 202, the following definition is added for Type II Assisted Living
Facility: "TYPE II ASSISTED LIVING FACILITY. A residential facility licensed by the
Department of Health 
and Human Services
 that provides an array of coordinated supportive
personal and health care services to two or more residents who are:
A. Physically disabled but able to direct his or her own care; or
B. Cognitively impaired or physically disabled but able to evacuate from the facility, or
to a zone or area of safety, with the physical assistance of one person. Subcategories are:
Limited Capacity: two to five residents;
Small: six to sixteen residents; and
Large: over sixteen residents."
(11) In IBC, Section 305.2, the following changes are made:
(a) delete the words "more than five children older than 2 1/2 years of age" and replace
with the words "five or more children 2 years of age or older";
(b) after the word "supervision" insert the words "child care services"; and
(c) add the following sentence at the end of the paragraph: "See Section 429, Day Care,
for special requirements for day care."
(12) In IBC, Section 305.2.2 and 305.2.3, the word "five" is deleted and replaced with
the word "four" in all places.
(13) A new IBC Section 305.2.4 is added as follows: "305.2.4 Child day care --
residential child care certificate or a license. Areas used for child day care purposes with a
residential child care certificate, as described in Utah Administrative Code, R430-50,
Residential Certificate Child Care, or a residential child care license, as described in Utah
Administrative Code, R430-90, Licensed Family Child Care, may be located in a Group R-2 or
R-3 occupancy as provided in Sections 310.3 and 310.4 comply with the International
Residential Code in accordance with Section R101.2."
(14) A new IBC Section 305.2.5 is added as follows: "305.2.5 Child care centers. Each
of the following areas may be classified as accessory occupancies, if the area complies with
Section 508.2:
1. Hourly child care centers, as described in Utah Administrative Code, R381-60,
Hourly Child Care Centers;
2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care
Centers; and
3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70,
Out of School Time Child Care Programs."
(15) In IBC, Table 307.1(1), footnote "d" is added to the row for Explosives, Division
1.4G in the column titled STORAGE - Solid Pounds (cubic feet).
(16) In IBC, Section 308.2, in the list of items under "This group shall include," the
words "Type-I Large and Type-II Small, see Section 308.2.5" are added after "Assisted living
facilities."
(17) In IBC, Section 308.2.4, all of the words after the first International Residential
Code are deleted.
(18) A new IBC, Section 308.2.5 is added as follows:
"308.2.5 Group I-1 assisted living facility occupancy groups. The following occupancy
groups shall apply to assisted living facilities:
Type I assisted living facilities with seventeen or more residents are Large Facilities
classified as an Institutional Group I-1, Condition 1 occupancy.
Type II assisted living facilities with six to sixteen residents are Small Facilities
classified as an Institutional Group I-1, Condition 2 occupancy. See Section 202 for
definitions."
(19) In IBC, Section 308.3 Institutional Group I-2, the following changes are made:
(a) The words "more than five" are deleted and replaced with "four or more";
(b) The group "Assisted living facilities, Type-II Large" is added to the list of groups;
(c) The words "Foster care facilities" are deleted and replaced with the words "Child
care facilities"; and
(d) The words "(both intermediate care facilities and skilled nursing facilities)" are
added after "Nursing homes."
(20) In IBC, Section 308.3.2, the number "five" is deleted and replaced with the
number "four" in each location.
(21) A new IBC, Section 308.3.3 is added as follows:
"308.3.3 Group I-2 assisted living facilities. Type II assisted living facilities with
seventeen or more residents are Large Facilities classified as an Institutional Group I-2,
Condition 1 occupancy. See Section 202 for definitions."
(22) In IBC, Section 308.5, the words "more than five" are deleted and replaced with
the words "five or more."
(23) In IBC, Section 308.5.1, the following changes are made:
(a) The words "more than five" are deleted and replaced with the words "five or more."
(b) The words "2-1/2 years or less of age" are deleted and replaced with "under the age
of two."
(c) The following sentence is added at the end: "See Section 429 for special
requirements for Day Care."
(24) In IBC, Sections 308.5.3 and 308.5.4, the words "five or fewer" are deleted and
replaced with the words "four or fewer" in both places and the following sentence is added at
the end: "See Section 429 for special requirements for Day Care."
(25) In IBC, Section 310.4, the following changes are made:
(a) The words "and single family dwellings complying with the IRC" are added after
"Residential Group-3 occupancies."
(b) The words "Assisted Living Facilities, limited capacity" are added to the list of
occupancies.
(26) In IBC, Section 310.4.1, the following changes are made:
(a) The words "other than Child Care" are inserted after the words "Care facilities" in
the first sentence.
(b) All of the words after the first "International Residential Code" are deleted.
(c) The following sentence is added at the end of the last sentence: "See Section 429
for special requirements for Child Day Care."
(27) A new IBC Section 310.4.3 is added as follows: "310.4.3 Child Care. Areas used
for child care purposes may be located in a residential dwelling unit under all of the following
conditions and Section 429:
1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted
under the authority of the Utah Fire Prevention Board.
2. Use is approved by the Utah Department of Health 
and Human Services
, as enacted
under the authority of the Utah Code, [
Title 26, Chapter 39, Utah Child Care Licensing Act
]
Title 26B, Chapter 2, Part 4, Child Care Licensing
, and in any of the following categories:
a. Utah Administrative Code, R430-50, Residential Certificate Child Care.
b. Utah Administrative Code, R430-90, Licensed Family Child Care.
3. Compliance with all zoning regulations of the local regulator."
(28) A new IBC, Section 310.4.4 is added as follows: "310.4.4 Assisted living
facilities. Type I assisted living facilities with two to five residents are Limited Capacity
facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the
International Residential Code. See Section 202 for definitions."
(29) In IBC, Section 310.5, the words "Type II Limited Capacity and Type I Small, see
Section 310.5.3" are added after the words "assisted living facilities."
(30) A new IBC, Section 310.5.3, is added as follows: "310.5.3 Group R-4 Assisted
living facility occupancy groups. The following occupancy groups shall apply to Assisted
Living Facilities: Type II Assisted Living Facilities with two to five residents are Limited
Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type I
assisted living facilities with six to sixteen residents are Small Facilities classified as
Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions."
Section 43. Section 
15A-3-103
 is amended to read:
15A-3-103.
Amendments to Chapters 4 through 6 of IBC.
(1) IBC Section 403.5.5 is deleted.
(2) In IBC, Section 407.2.5, the words "and assisted living facility" are added in the
title and first sentence after the words "nursing home."
(3) In IBC, Section 407.2.6, the words "and assisted living facility" are added in the
title after the words "nursing home."
(4) In IBC, Section 407.11, a new exception is added as follows: "Exception: An
essential electrical system is not required in assisted living facilities."
(5) In IBC, Section 412.3.1, a new exception is added as follows: "Exception: Aircraft
hangars of Type I or II construction that are less than 5,000 square feet (464.5m2) in area."
(6) A new IBC, Section 422.2.1 is added as follows: "422.2.1 Separations: Ambulatory
care facilities licensed by the Department of Health 
and Human Services
 shall be separated
from adjacent tenants with a fire partition having a minimum one hour fire-resistance rating. 
Any level below the level of exit discharge shall be separated from the level of exit discharge
by a horizontal assembly having a minimum one hour fire-resistance rating.
Exception: A fire barrier is not required to separate the level of exit discharge when:
1. Such levels are under the control of the Ambulatory Care Facility.
2. Any hazardous spaces are separated by horizontal assembly having a minimum one
hour fire-resistance rating."
(7) A new IBC Section 429, Day Care, is added as follows:
"429.1 Detailed Requirements. In addition to the occupancy and construction
requirements in this code, the additional provisions of this section shall apply to all Day Care in
accordance with Utah Administrative Code R710-8 Day Care Rules.
429.2 Definitions.
429.2.1 Authority Having Jurisdiction (AHJ): State Fire Marshal, his duly authorized
deputies, or the local fire enforcement authority code official.
429.2.2 Day Care Facility: Any building or structure occupied by clients of any age who
receive custodial care for less than 24 hours by individuals other than parents, guardians,
relatives by blood, marriage or adoption.
429.2.3 Day Care Center: Providing care for five or more clients in a place other than
the home of the person cared for. This would also include Child Care Centers, Out of School
Time or Hourly Child Care Centers licensed by the Department of Health 
and Human Services
.
429.2.4 Family Day Care: Providing care for clients listed in the following two groups:
429.2.4.1 Type 1: Services provided for five to eight clients in a home. This would also
include a home that is certified by the Department of Health 
and Human Services
 as
Residential Certificate Child Care or licensed as Family Child Care.
429.2.4.2 Type 2: Services provided for nine to sixteen clients in a home with sufficient
staffing. This would also include a home that is licensed by the Department of Health 
and
Human Services
 as Family Child Care.
429.2.5 R710-8: Utah Administrative Code, R710-8, Day Care Rules, as enacted under
the authority of the Utah Fire Prevention Board.
429.3 Family Day Care.
429.3.1 Family Day Care units shall have on each floor occupied by clients, two
separate means of egress, arranged so that if one is blocked the other will be available.
429.3.2 Family Day Care units that are located in the basement or on the second story
shall be provided with two means of egress, one of which shall discharge directly to the
outside.
429.3.2.1 Residential Certificate Child Care and Licensed Family Child Care with five
to eight clients in a home, located on the ground level or in a basement, may use an emergency
escape or rescue window as allowed in IFC, Chapter 10, Section 1030.
429.3.3 Family Day Care units shall not be located above the second story.
429.3.4 In Family Day Care units, clients under the age of two shall not be located
above or below the first story.
429.3.4.1 Clients under the age of two may be housed above or below the first story
where there is at least one exit that leads directly to the outside and complies with IFC, Section
1011 or Section 1012 or Section 1027.
429.3.5 Family Day Care units located in split entry/split level type homes in which
stairs to the lower level and upper level are equal or nearly equal, may have clients housed on
both levels when approved by the AHJ.
429.3.6 Family Day Care units shall have a portable fire extinguisher on each level
occupied by clients, which shall have a classification of not less than 2A:10BC, and shall be
serviced in accordance with NFPA, Standard 10, Standard for Portable Fire Extinguishers.
429.3.7 Family Day Care units shall have single station smoke detectors in good
operating condition on each level occupied by clients. Battery operated smoke detectors shall
be permitted if the facility demonstrates testing, maintenance, and battery replacement to insure
continued operation of the smoke detectors.
429.3.8 Rooms in Family Day Care units that are provided for clients to sleep or nap,
shall have at least one window or door approved for emergency escape.
429.3.9 Fire drills shall be conducted in Family Day Care units quarterly and shall
include the complete evacuation from the building of all clients and staff. At least annually, in
Type I Family Day Care units, the fire drill shall include the actual evacuation using the escape
or rescue window, if one is used as a substitute for one of the required means of egress.
429.4 Day Care Centers.
429.4.1 Day Care Centers shall comply with either I-4 requirements or E requirements
of the IBC, whichever is applicable for the type of Day Care Center.
429.4.2 Emergency Evacuation Drills shall be completed as required in IFC, Chapter 4,
Section 405.
429.4.3 Location at grade. Group E child day care centers shall be located at the level
of exit discharge.
429.4.3.1 Child day care spaces for children over the age of 24 months may be located
on the second floor of buildings equipped with automatic fire protection throughout and an
automatic fire alarm system.
429.4.4 Egress. All Group E child day care spaces with an occupant load of more than
10 shall have a second means of egress. If the second means of egress is not an exit door
leading directly to the exterior, the room shall have an emergency escape and rescue window
complying with Section 1030.
429.4.5 All Group E Child Day Care Centers shall comply with Utah Administrative
Code, R430-100 Child Care Centers, R430-60 Hourly Child Care Centers, and R430-70 Out of
School Time.
429.5 Requirements for all Day Care.
429.5.1 Heating equipment in spaces occupied by children shall be provided with
partitions, screens, or other means to protect children from hot surfaces and open flames.
429.5.2 A fire escape plan shall be completed and posted in a conspicuous place. All
staff shall be trained on the fire escape plan and procedure."
(8) In IBC, Section 504.4, a new section is added as follows: "504.4.1 Group I-2
Assisted Living Facilities. Notwithstanding the allowable number of stories permitted by Table
504.4 Group I-2 Assisted Living Facilities of type VA, construction shall be allowed on each
level of a two-story building when all of the following apply:
1. The total combined area of both stories does not exceed the total allowable area for a
one-story, above grade plane building equipped throughout with an automatic sprinkler system
installed in accordance with Section 903.3.1.1.
2. All other provisions that apply in Section 407 have been provided."
(9) A new IBC, Section 504.5, is added as follows: "504.5 Group 1-2 Secured areas in
Assisted Living Facilities. In Type IIIB, IV, and V construction, all areas for the use and care of
residents required to be secured shall be located on the level of exit discharge with door
operations in compliance with Section 1010.1.9.7, as amended."
Section 44. Section 
15A-5-202
 is amended to read:
15A-5-202.
Amendments and additions to IFC related to administration, permits,
definitions, and general and emergency planning.
(1) For IFC, Chapter 1, Scope and Administration:
(a) IFC, Chapter 1, Section 102.5, is deleted and rewritten as follows:
"102.5 Application of residential code.
If a structure is designed and constructed in accordance with the International
Residential Code, the provisions of this code apply only as follows:
1. The construction and design provisions of this code apply only to premises
identification, fire apparatus access, fire hydrants and water supplies, and construction permits
required by Section 105.7.
2. This code does not supercede the land use, subdivision, or development standards
established by a local jurisdiction.
3. The administrative, operational, and maintenance provisions of this code apply."
(b) IFC, Chapter 1, Section 102.9, is deleted and rewritten as follows:
"102.9 Matters not provided for.
Requirements that are essential for the public safety of an existing or proposed activity,
building or structure, or for the safety of the occupants thereof, which are not specifically
provided for by this code, shall be determined by the fire code official on an emergency basis
if:
(a) the facts known to the fire code official show that an immediate and significant
danger to the public health, safety, or welfare exists; and
(b) the threat requires immediate action by the fire code official.
102.9.1 Limitation of emergency order.
In issuing its emergency order, the fire code official shall:
(a) limit the order to require only the action necessary to prevent or avoid the danger to
the public health, safety, or welfare; and
(b) give immediate notice to the persons who are required to comply with the order,
that includes a brief statement of the reasons for the fire code official's order.
101.9.2 Right to appeal emergency order.
If the emergency order issued under this section will result in the continued
infringement or impairment of any legal right or interest of any party, the party shall have a
right to appeal the fire code official's order in accordance with IFC, Chapter 1, Section 109."
(c) IFC, Chapter 1, Section 105.4.1, Submittals, is amended to add the following after
the last sentence:
"Fire sprinkler system layout may be prepared and submitted by a person certified by
the National Institute for Certification in Engineering Technologies at level III or IV in
Water-Based System Layout. Fire alarm system layout may be prepared and submitted by a
person certified by the National Institute for Certification in Engineering Technologies at level
III or IV in Fire Alarm Systems."
(d) IFC, Chapter 1, Section 105.6.16, Flammable and combustible liquids, is amended
to add the following section: "12. The owner of an underground tank that is out of service for
longer than one year shall receive a Temporary Closure Notice from the Department of
Environmental Quality and a copy shall be given to the AHJ."
(e) A new IFC, Chapter 1, Section 109.1.1, Application of residential code, is added as
follows:
"109.1.1 Application of residential code.
For development regulated by a local jurisdiction's land use authority, the fire code
official's interpretation of this code is subject to the advisory opinion process described in Utah
Code, Section 
13-43-205
, and to a land use appeal authority appointed under Utah Code,
Section 
10-9a-701
 or 
17-27a-701
."
(f) In IFC, Chapter 1, Section 109, a new Section 109.4, Notice of right to appeal, is
added as follows: "At the time a fire code official makes an order, decision, or determination
that relates to the application or interpretation of this chapter, the fire code official shall inform
the person affected by the order, decision, or determination of the person's right to appeal under
this section. Upon request, the fire code official shall provide a person affected by an order,
decision, or determination that relates to the application or interpretation of this chapter a
written notice that describes the person's right to appeal under this section."
(g) IFC, Chapter 1, Section 110.3, Notice of violation, is deleted and rewritten as
follows:
"110.3 Notice of violation.
If the fire code official determines that a building, premises, vehicle, storage facility, or
outdoor area is in violation of this code or other pertinent laws or ordinances, the fire code
official is authorized to prepare a written notice of violation that describes the conditions
deemed unsafe and, absent immediate compliance, specifies a time for reinspection."
(2) For IFC, Chapter 2, Definitions:
(a) IFC, Chapter 2, Section 202, General Definitions, the following definition is added
for Ambulatory Surgical Center: "AMBULATORY SURGICAL CENTER. A building or
portion of a building licensed by the Department of Health 
and Human Services
 where
procedures are performed that may render patients incapable of self preservation where care is
less than 24 hours. See Utah Administrative Code, R432-13, Freestanding Ambulatory Surgical
Center Construction Rule."
(b) IFC, Chapter 2, Section 202, General Definitions, the following definition is added
for Assisted Living Facility. "ASSISTED LIVING FACILITY. See Residential
Treatment/Support Assisted Living Facility, Type I Assisted Living Facility, and Type II
Assisted Living Facility."
(c) IFC, Chapter 2, Section 202, General Definitions, FOSTER CARE FACILITIES is
amended as follows: The word "Foster" is changed to the word "Child."
(d) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Educational Group E, Group E, day care facilities, is amended as follows:
(i) On line three delete the word "five" and replace it with the word "four"; and
(ii) On line four after the word "supervision" add the words "child care centers."
(e) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Educational Group E, Five or fewer children, is amended as follows: The
word "five" is deleted and replaced with the word "four" in both places.
(f) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Educational Group E, Five or fewer children in a dwelling unit, is
amended as follows: The word "five" is deleted and replaced with the word "four" in both
places.
(g) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Educational Group E, a new section is added as follows: "Child day care
-- residential child care certificate or a license. Areas used for child day care purposes with a
residential child care certificate, as described in Utah Administrative Code, R430-50,
Residential Certificate Child Care, or a residential child care license, as described in Utah
Administrative Code, R430-90, Licensed Family Child Care, may be located in a Group R-2 or
R-3 occupancy as provided in Residential Group R-3, or shall comply with the International
Residential Code in accordance with Section R101.2."
(h) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Educational Group E, a new section is added as follows: "Child care
centers. Each of the following areas may be classified as accessory occupancies:
1. Hourly child care centers, as described in Utah Administrative Code, R381-60,
Hourly Child Care Centers;
2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care
Centers; and
3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70,
Out of School Time Child Care Programs."
(i) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Institutional Group I-1, is amended as follows: Insert "Type I" in front of
the words "Assisted living facilities".
(j) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Institutional Group I-1, Five or fewer persons receiving custodial care is
amended as follows: On line four after "International Residential Code" the rest of the section
is deleted.
(k) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Institutional Group I-2, is amended as follows:
(i) On line three delete the word "five" and insert the word "three";
(ii) On line six the word "foster" is deleted and replaced with the word "child"; and
(iii) On line 10, after the words "Psychiatric hospitals", add the following to the list:
"both intermediate nursing care and skilled nursing care facilities, ambulatory surgical centers
with five or more operating rooms, and Type II assisted living facilities. Type II assisted living
facilities with five or fewer persons shall be classified as a Group R-4. Type II assisted living
facilities with at least six and not more than 16 residents shall be classified as a Group I-1
facility".
(l) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Institutional Group I-4, day care facilities, Classification as Group E, is
amended as follows:
(i) On line two delete the word "five" and replace it with the word "four"; and
(ii) On line three delete the words "2 1/2 years or less of age" and replace with the
words "under the age of two".
(m) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Institutional Group I-4, day care facilities, Five or fewer occupants
receiving care in a dwelling unit, is amended as follows: On lines one and three the word "five"
is deleted and replaced with the word "four".
(n) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Residential Group R-3, the words "and single family dwellings complying
with the IRC" are added after the word "Residential Group R-3 occupancies".
(o) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Residential Group R-3, Care facilities within a dwelling, is amended as
follows: On line three after the word "dwelling" insert "other than child care".
(p) IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY
CLASSIFICATION, Residential Group R-3, a new section is added as follows: "Child Care. 
Areas used for child care purposes may be located in a residential dwelling unit when all of the
following conditions are met:
1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted
under the authority of the Utah Fire Prevention Board;
2. Use is approved by the Department of Health 
and Human Services
 under the
authority of Utah Code, [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title 26B,
Chapter 2, Part 4, Child Care Licensing
, and in any of the following categories:
1.1. Utah Administrative Code, R430-50, Residential Certificate Child Care; or
1.2. Utah Administrative Code, R430-90, Licensed Family Child Care; and
1.3 Compliance with all zoning regulations of the local regulator."
(q) IFC, Chapter 2, Section 202, General Definitions, RECORD DRAWINGS, is
amended as follows: Delete the words "a fire alarm system" and replace them with "any fire
protection system".
(r) IFC, Chapter 2, Section 202, General Definitions, the following definition is added
for Residential Treatment/Support Assisted Living Facility. "RESIDENTIAL
TREATMENT/SUPPORT ASSISTED LIVING FACILITY. A residential facility that provides
a group living environment for four or more residents licensed by the Department of 
Health
and
 Human Services, and provides a protected living arrangement for ambulatory,
non-restrained persons who are capable of achieving mobility sufficient to exit the facility
without the physical assistance of another person."
(s) IFC, Chapter 2, Section 202, General Definitions, the following definition is added
for Type I Assisted Living Facility. "TYPE I ASSISTED LIVING FACILITY. A residential
facility licensed by the Department of Health 
and Human Services
 that provides a protected
living arrangement, assistance with activities of daily living and social care to two or more
ambulatory, non-restrained persons who are capable of mobility sufficient to exit the facility
without the assistance of another person. Subcategories are:
Limited Capacity: two to five residents;
Small: six to sixteen residents; and
Large: over sixteen residents."
(t) IFC, Chapter 2, Section 202, General Definitions, the following definition is added
for Type II Assisted Living Facility. "TYPE II ASSISTED LIVING FACILITY. A residential
facility licensed by the Department of Health 
and Human Services
 that provides an array of
coordinated supportive personal and health care services to two or more residents who are:
A. Physically disabled but able to direct his or her own care; or
B. Cognitively impaired or physically disabled but able to evacuate from the facility, or
to a zone or area of safety, with the physical assistance of one person. Subcategories are:
Limited Capacity: two to five residents;
Small: six to sixteen residents; and
Large: over sixteen residents."
Section 45. Section 
15A-5-203
 is amended to read:
15A-5-203.
Amendments and additions to IFC related to fire safety, building, and
site requirements.
(1) For IFC, Chapter 5, Fire Service Features:
(a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
follows: "An authority having jurisdiction over a structure built in accordance with the
requirements of the International Residential Code as adopted in the State Construction Code,
may require an automatic fire sprinkler system for the structure only by ordinance and only if
any of the following conditions exist:
(i) the structure:
(A) is located in an urban-wildland interface area as provided in the Utah Wildland
Urban Interface Code adopted as a construction code under the State Construction Code; and
(B) does not meet the requirements described in Utah Code, Subsection
65A-8-203
(4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
County Wildland Fire Ordinance;
(ii) the structure is in an area where a public water distribution system with fire
hydrants does not exist as required in Utah Administrative Code, R309-550-5, Water Main
Design;
(iii) the only fire apparatus access road has a grade greater than 10% for more than 500
continual feet;
(iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
exceeds 10,000 square feet; or
(v) the total floor area of all floor levels within the exterior walls of the dwelling unit is
double the average of the total floor area of all floor levels of unsprinkled homes in the
subdivision that are no larger than 10,000 square feet.
(vi) Exception: A single family dwelling does not require a fire sprinkler system if the
dwelling:
(A) is located outside the wildland urban interface;
(B) is built in a one-lot subdivision; and
(C) has 50 feet of defensible space on all sides that limits the propensity of fire
spreading from the dwelling to another property."
(b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
follows: "Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for life-saving or fire-fighting purposes, the
fire code official, after consultation with the building owner, may require a key box to be
installed in an approved location. The key box shall contain keys to gain necessary access as
required by the fire code official. For each fire jurisdiction that has at least one building with a
required key box, the fire jurisdiction shall adopt an ordinance, resolution, or other operating
rule or policy that creates a process to ensure that each key to each key box is properly
accounted for and secure."
(c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings,
is added as follows: "Fire flow may be reduced for an isolated one- and two-family dwelling
when the authority having jurisdiction over the dwelling determines that the development of a
full fire-flow requirement is impractical."
(d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as
follows:
"507.1.2 Pre-existing subdivision lots.
The requirements for a pre-existing subdivision lot shall not exceed the requirements
described in Section 501.5."
(e) In IFC, Chapter 5, Section 510.1, Emergency responder radio coverage in new
buildings, is amended by adding: "When required by the fire code official," at the beginning of
the first paragraph.
(2) For IFC, Chapter 6, Building Services and Systems:
(a) In IFC, Chapter 6, Section 606.7, Elevator key location, is deleted and rewritten as
follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key box or
similar box with corresponding key system that is adjacent to the elevator for immediate use by
the fire department. The key box shall contain one key for each elevator, one key for lobby
control, and any other keys necessary for emergency service. The elevator key box shall be
accessed using a 6049 numbered key."
(b) In IFC, Chapter 6, Section 607.1, General, is amended as follows: On line three,
after the word "Code", add the words "and NFPA 96".
(c) In IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A
Type 1 hood is not required for a cooking appliance in a microenterprise home kitchen, as that
term is defined in Utah Code, Section [
26-15c-102
] 
26B-7-401
, for which the operator obtains
a permit in accordance with Utah Code, Title 26, Chapter 15c, Microenterprise Home Kitchen
Act."
(3) For IFC, Chapter 7, Fire and Smoke Protection Features, IFC, Chapter 7, Section
705.2, is amended to add the following: "Exception: In Group E Occupancies, where the
corridor serves an occupant load greater than 30 and the building does not have an automatic
fire sprinkler system installed, the door closers may be of the friction hold-open type on
classrooms' doors with a rating of 20 minutes or less only."
Section 46. Section 
17-22-2.5
 is amended to read:
17-22-2.5.
Fees of sheriff.
(1) (a) The legislative body of a county may set a fee for a service described in this
section and charged by the county sheriff:
(i) in an ordinance adopted under Section 
17-53-223
; and
(ii) in an amount reasonably related to, but not exceeding, the actual cost of providing
the service.
(b) If the legislative body of a county does not under Subsection (1)(a) set a fee
charged by the county sheriff, the sheriff shall charge a fee in accordance with Subsections (2)
through (7).
(2) Unless under Subsection (1) the legislative body of a county sets a fee amount for a
fee described in this Subsection (2), the sheriff shall charge the following fees:
(a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
complaint, or garnishee execution, or other process by which an action or proceeding is
commenced, on each defendant, including copies when furnished by plaintiff, $20;
(b) for taking or approving a bond or undertaking in any case in which he is authorized
to take or approve a bond or undertaking, including justification, $5;
(c) for a copy of any writ, process or other paper when demanded or required by law,
for each folio, 50 cents;
(d) for serving an attachment on property, or levying an execution, or executing an
order of arrest or an order for the delivery of personal property, including copies when
furnished by plaintiff, $50;
(e) for taking and keeping possession of and preserving property under attachment or
execution or other process, the amount the court orders to a maximum of $15 per day;
(f) for advertising property for sale on execution, or any judgment, or order of sale,
exclusive of the cost of publication, $15;
(g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive
of acknowledgment, $15, to be paid by the grantee;
(h) for recording each deed, conveyance, or other instrument affecting real estate,
exclusive of the cost of recording, $10, to be paid by the grantee;
(i) for serving a writ of possession or restitution, and putting any person entitled to
possession into possession of premises, and removing occupant, $50;
(j) for holding each trial of right of property, to include all services in the matter,
except mileage, $35;
(k) for conducting, postponing, or canceling a sale of property, $15;
(l) for taking a prisoner in civil cases from prison before a court or magistrate, for each
mile necessarily traveled, in going only, to a maximum of 100 miles, $2.50;
(m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a
court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100
miles, $2.50;
(n) for receiving and paying over money on execution or other process, as follows:
(i) if the amount collected does not exceed $1,000, 2% of this amount, with a
minimum of $1; and
(ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
balance; and
(o) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
(3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising
shall be collected from the judgment debtor as part of the execution in the same manner as the
sum directed to be made.
(4) When serving an attachment on property, an order of arrest, or an order for the
delivery of personal property, the sheriff may only collect traveling fees for the distance
actually traveled beyond the distance required to serve the summons if the attachment or those
orders:
(a) accompany the summons in the action; and
(b) may be executed at the time of the service of the summons.
(5) (a) (i) When traveling generally to serve notices, orders, process, or other papers,
the sheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each
mile necessarily traveled, in going only, computed from the courthouse for each person served,
to a maximum of 100 miles.
(ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
receive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily
traveled, in going only, computed from the post office where received for each person served,
to a maximum of 100 miles.
(b) The sheriff may only charge one mileage fee if any two or more papers are required
to be served in the same action or proceeding at the same time and at the same address.
(c) If it is necessary to make more than one trip to serve any notice, order, process, or
other paper, the sheriff may not collect more than two additional mileage charges.
(6) (a) For transporting a patient to the Utah State Hospital or to or from a hospital or a
mental health facility, as defined in Section [
62A-15-602
] 
26B-5-301
, when the cost of
transportation is payable by private individuals, the sheriff may collect, except as otherwise
provided under Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a
maximum of 100 miles.
(b) If the sheriff requires assistance to transport the person, the sheriff may also charge
the actual and necessary cost of that assistance.
(7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under
Section 
53-10-404
, the sheriff shall collect the fee of $150 in accordance with Section
53-10-404
.
(b) The fee amount described in Subsection (7)(a) may not be changed by a county
legislative body under Subsection (1).
Section 47. Section 
17-27a-103
 is amended to read:
17-27a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
property owner, property owner's association, public utility, or the [
Utah
] Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c) the entity has filed with the county a request for notice during the same calendar
year and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
(6); and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that a charter school authorizer approves in accordance
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
(9) "Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
may not be compatible in some areas or may be compatible only if certain conditions are
required that mitigate or eliminate the detrimental impacts.
(10) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution, Article I, Section 22.
(11) "County utility easement" means an easement that:
(a) a plat recorded in a county recorder's office described as a county utility easement
or otherwise as a utility easement;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the county or the county's affiliated governmental entity owns or creates; and
(d) (i) either:
(A) no person uses or occupies; or
(B) the county or the county's affiliated governmental entity uses and occupies to
provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
communications or data lines; or
(ii) a person uses or occupies with or without an authorized franchise or other
agreement with the county.
(12) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(13) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(14) (a) "Development agreement" means a written agreement or amendment to a
written agreement between a county and one or more parties that regulates or controls the use
or development of a specific area of land.
(b) "Development agreement" does not include an improvement completion assurance.
(15) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
Sec. 802.
(16) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (16)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (16)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (16)(a)(i); or
(ii) a therapeutic school.
(17) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(18) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(19) "Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(20) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of:
(a) the unincorporated land within the county; or
(b) for a mountainous planning district, the land within the mountainous planning
district.
(21) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(22) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(23) "Identical plans" means building plans submitted to a county that:
(a) are clearly marked as "identical plans";
(b) are substantially identical building plans that were previously submitted to and
reviewed and approved by the county; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the county; and
(iv) does not require any additional engineering or analysis.
(24) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(25) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a county to guaranty the proper completion of landscaping or an infrastructure improvement
required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(26) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the county's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(27) "Improvement warranty period" means a period:
(a) no later than one year after a county's acceptance of required landscaping; or
(b) no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the county has not otherwise required the applicant to mitigate the suspect soil.
(28) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human consumption; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) developing a commercial, industrial, mixed use, condominium, or multifamily
project.
(29) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(30) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(31) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(32) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(33) "Land use application":
(a) means an application that is:
(i) required by a county; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(34) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(35) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(36) "Land use permit" means a permit issued by a land use authority.
(37) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(38) "Legislative body" means the county legislative body, or for a county that has
adopted an alternative form of government, the body exercising legislative powers.
(39) "Local district" means any entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(40) "Lot" means a tract of land, regardless of any label, that is created by and shown
on a subdivision plat that has been recorded in the office of the county recorder.
(41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or between a lot and adjoining parcels in accordance with Section 
17-27a-608
:
(i) whether or not the lots are located in the same subdivision; and
(ii) with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
(42) "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
(43) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(44) "Mountainous planning district" means an area designated by a county legislative
body in accordance with Section 
17-27a-901
.
(45) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(46) "Noncomplying structure" means a structure that:
(a) legally existed before the structure's current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations that govern
the use of land.
(47) "Nonconforming use" means a use of land that:
(a) legally existed before the current land use designation;
(b) has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(48) "Official map" means a map drawn by county authorities and recorded in the
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the county's general plan.
(49) "Parcel" means any real property that is not a lot.
(50) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
agreement in accordance with Section 
17-27a-523
, if no additional parcel is created and:
(i) none of the property identified in the agreement is a lot; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
the Department of Transportation.
(51) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(52) "Plan for moderate income housing" means a written document adopted by a
county legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
county;
(b) an estimate of the need for moderate income housing in the county for the next five
years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the county's program to encourage an adequate supply of moderate
income housing.
(53) "Planning advisory area" means a contiguous, geographically defined portion of
the unincorporated area of a county established under this part with planning and zoning
functions as exercised through the planning advisory area planning commission, as provided in
this chapter, but with no legal or political identity separate from the county and no taxing
authority.
(54) "Plat" means an instrument subdividing property into lots as depicted on a map or
other graphical representation of lands that a licensed professional land surveyor makes and
prepares in accordance with Section 
17-27a-603
 or 
57-8-13
.
(55) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(56) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(57) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(58) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(59) "Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
(60) "Receiving zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(61) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(62) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
[
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
]
[
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
]
(b) which is licensed or certified by the Department of Health and Human Services
under:
(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(63) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(64) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(65) "Sending zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
(66) "Site plan" means a document or map that may be required by a county during a
preliminary review preceding the issuance of a building permit to demonstrate that an owner's
or developer's proposed development activity meets a land use requirement.
(67) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(68) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(69) "State" includes any department, division, or agency of the state.
(70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
the division includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (70)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for agricultural purposes;
(ii) a boundary line agreement recorded with the county recorder's office between
owners of adjoining parcels adjusting the mutual boundary in accordance with Section
17-27a-523
 if no new lot is created;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal descriptions of multiple parcels into one legal description
encompassing all such parcels; or
(B) joining a lot to a parcel;
(iv) a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A) an electrical transmission line or a substation;
(B) a natural gas pipeline or a regulation station; or
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification facility;
(v) a boundary line agreement between owners of adjoining subdivided properties
adjusting the mutual lot line boundary in accordance with Sections 
17-27a-523
 and 
17-27a-608
if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(vi) a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A) is in anticipation of future land use approvals on the parcel or parcels;
(B) does not confer any land use approvals; and
(C) has not been approved by the land use authority;
(vii) a parcel boundary adjustment;
(viii) a lot line adjustment;
(ix) a road, street, or highway dedication plat;
(x) a deed or easement for a road, street, or highway purpose; or
(xi) any other division of land authorized by law.
(71) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
17-27a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(72) "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
(73) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(74) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who 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 a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(75) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(76) "Unincorporated" means the area outside of the incorporated area of a
municipality.
(77) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(78) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 48. Section 
17-27a-519
 is amended to read:
17-27a-519.
Licensing of residences for persons with a disability.
The responsibility to license programs or entities that operate facilities for persons with
a disability, as well as to require and monitor the provision of adequate services to persons
residing in those facilities, shall rest with 
the Department of Health and Human Services as
provided in
:
[
(1) for programs or entities licensed or certified by the Department of Human
Services, the Department of Human Services as provided in Title 62A, Chapter 5, Services for
People with Disabilities; and
]
[
(2) for programs or entities licensed or certified by the Department of Health, the
Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act.
]
(1) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
(2) Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities.
Section 49. Section 
17-27a-525
 is amended to read:
17-27a-525.
Cannabis production establishments and medical cannabis
pharmacies.
(1) As used in this section:
(a) "Cannabis production establishment" means the same as that term is defined in
Section 
4-41a-102
.
(b) "Industrial hemp producer licensee" means the same as the term "licensee" is
defined in Section 
4-41-102
.
(c) "Medical cannabis pharmacy" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(2) (a) (i) A county may not regulate a cannabis production establishment in conflict
with:
(A) Title 4, Chapter 41a, Cannabis Production Establishments, and applicable
jurisprudence; and
(B) this chapter.
(ii) A county may not regulate a medical cannabis pharmacy in conflict with:
(A) [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
, and applicable jurisprudence; and
(B) this chapter.
(iii) A county may not regulate an industrial hemp producer licensee in conflict with:
(A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
(B) this chapter.
(b) The Department of Agriculture and Food has plenary authority to license programs
or entities that operate a cannabis production establishment.
(c) The Department of Health 
and Human Services
 has plenary authority to license
programs or entities that operate a medical cannabis pharmacy.
(3) (a) Within the time period described in Subsection (3)(b), a county shall prepare
and adopt a land use regulation, development agreement, or land use decision in accordance
with this title and:
(i) regarding a cannabis production establishment, Section 
4-41a-406
; or
(ii) regarding a medical cannabis pharmacy, Section [
26-61a-507
] 
26B-4-235
.
(b) A county shall take the action described in Subsection (3)(a):
(i) before January 1, 2021, within 45 days after the day on which the county receives a
petition for the action; and
(ii) after January 1, 2021, in accordance with Subsection 
17-27a-509.5
(2).
Section 50. Section 
17-27a-1102
 is amended to read:
17-27a-1102.
Definitions.
(1) "Animal feeding operation" means a lot or facility where the following conditions
are met:
(a) animals have been, are, or will be stabled or confined and fed or maintained for a
total of 45 days or more in any 12-month period; and
(b) crops, vegetation, forage growth, or post-harvest residues are not sustained in the
normal growing season over any portion of the lot or facility.
(2) (a) "Commercial enterprise" means a building:
(i) used as a part of a business that manufactures goods, delivers services, or sells
goods or services;
(ii) customarily and regularly used by the general public during the entire calendar
year; and
(iii) connected to electric or water systems.
(b) "Commercial enterprise" does not include an agriculture operation.
(3) "County large concentrated animal feeding operation land use ordinance" means an
ordinance adopted in accordance with Section 
17-27a-1103
.
(4) "Education institution" means a building in which any part is used:
(a) for more than three hours each weekday during a school year as a public or private:
(i) elementary school;
(ii) secondary school; or
(iii) kindergarten;
(b) a state institution of higher education as defined in Section 
53B-3-102
; or
(c) a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United States Department of Education.
(5) "Health care facility" means the same as that term is defined in Section [
26-21-2
]
26B-2-201
.
(6) "Large concentrated animal feeding operation" means an animal feeding operation
that stables or confines as many as or more than the numbers of animals specified in any of the
following categories:
(a) 700 mature dairy cows, whether milked or dry;
(b) 1,000 veal calves;
(c) 1,000 cattle other than mature dairy cows or veal calves, with "cattle" including
heifers, steers, bulls, and cow calf pairs;
(d) 2,500 swine each weighing 55 pounds or more;
(e) 10,000 swine each weighing less than 55 pounds;
(f) 500 horses;
(g) 10,000 sheep or lambs;
(h) 55,000 turkeys;
(i) 30,000 laying hens or broilers, if the animal feeding operation uses a liquid manure
handling system;
(j) 125,000 chickens, other than laying hens, if the animal feeding operation uses other
than a liquid manure handling system;
(k) 82,000 laying hens, if the animal feeding operation uses other than a liquid manure
handling system;
(l) 30,000 ducks, if the animal feeding operation uses other than a liquid manure
handling system; or
(m) 5,000 ducks, if the animal feeding operation uses a liquid manure handling system.
(7) "Manure" includes manure, bedding, compost, a raw material, or other material
commingled with manure or set aside for disposal.
(8) "Public area" means land that:
(a) is owned by the federal government, the state, or a political subdivision with
facilities that attract the public to congregate and remain in the area for significant periods of
time;
(b) (i) is part of a public park, preserve, or recreation area that is owned or managed by
the federal government, the state, a political subdivision, or a nongovernmental entity; and
(ii) has a cultural, archaeological, scientific, or historic significance or contains a rare
or valuable ecological system, including a site recognized as a National Historic Landmark or
Site; or
(c) is a cemetery.
(9) "Religious institution" means a building and grounds used at least monthly for
religious services or ceremonies.
Section 51. Section 
17-43-102
 is amended to read:
17-43-102.
Definitions.
As used in this chapter:
(1) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
(2) "Division" means the Division of Integrated Healthcare within the department.
Section 52. Section 
17-43-201
 is amended to read:
17-43-201.
Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52a-203
, the county legislative body is the local substance abuse
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52a-204
, the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this
section, and under the direction of the division, each local substance abuse authority shall:
(i) develop substance [
abuse
] 
use
 prevention and treatment services plans;
(ii) provide substance [
abuse
] 
use
 services to residents of the county; and
(iii) cooperate with efforts of the division to promote integrated programs that address
an individual's substance [
abuse
] 
use
, mental health, and physical healthcare needs, as
described in Section [
62A-15-103
] 
26B-5-102
.
(c) Within legislative appropriations and county matching funds required by this
section, each local substance abuse authority shall cooperate with the efforts of the department
to promote a system of care, as defined in Section 
[
26B-1-102
] 
26B-5-101
, for minors with or
at risk for complex emotional and behavioral needs, as described in Section 
26B-1-202
.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide substance [
abuse
] 
use
 prevention and treatment services; or
(ii) create a united local health department that provides substance [
abuse
] 
use
treatment services, mental health services, and local health department services in accordance
with Subsection (3).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance [
abuse
] 
use
 services.
(c) Each agreement for joint substance [
abuse
] 
use
 services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined substance abuse authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance [
abuse
] 
use
 services may provide for joint
operation of services and facilities or for operation of services and facilities under contract by
one participating local substance abuse authority for other participating local substance abuse
authorities.
(3) A county governing body may elect to combine the local substance abuse authority
with the local mental health authority created in Part 3, Local Mental Health Authorities, and
the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department
Act, to create a united local health department under Section 
26A-1-105.5
. A local substance
abuse authority that joins a united local health department shall comply with this part.
(4) (a) Each local substance abuse authority is accountable to the department and the
state with regard to the use of state and federal funds received from those departments for
substance [
abuse
] 
use
 services, regardless of whether the services are provided by a private
contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department regarding the use and
expenditure of state and federal funds received from those departments for the purpose of
providing substance [
abuse
] 
use
 programs and services. The department shall ensure that those
directives are not duplicative or conflicting, and shall consult and coordinate with local
substance abuse authorities with regard to programs and services.
(5) Each local substance abuse authority shall:
(a) review and evaluate substance [
abuse
] 
use
 prevention and treatment needs and
services, including substance [
abuse
] 
use
 needs and services for individuals incarcerated in a
county jail or other county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county
legislative body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by
contract, for adults, youth, and children, including those incarcerated in a county jail or other
county correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under [
Title
62A, Chapter 2, Licensure of Programs and Facilities
] 
Title 26B, Chapter 2, Part 1, Human
Services Programs and Facilities
;
(d) appoint directly or by contract a full or part time director for substance [
abuse
] 
use
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised rules established by the division;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance [
abuse
] 
use
services and facilities, in accordance with the rules of the division, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance [
abuse
] 
use
 programs and
services in accordance with the provisions of [
Title 62A, Chapter 15, Substance Abuse and
Mental Health Act
] 
Title 26B, Chapter 5, Health Care - Substance Use and Mental Health
;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance [
abuse
] 
use
 within
the community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act;
(m) for persons convicted of driving under the influence in violation of Section
41-6a-502
 or 
41-6a-517
, conduct the following as defined in Section 
41-6a-501
:
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance [
abuse
] 
use
 treatment; and
(n) utilize proceeds of the accounts described in Subsection [
62A-15-503
(1)
]
26B-5-209
(1)
 to supplement the cost of providing the services described in Subsection (5)(m).
(6) Before disbursing any public funds, each local substance abuse authority shall
require that each entity that receives any public funds from the local substance abuse authority
agrees in writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the local substance abuse authority shall be subject to examination
by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance [
abuse
] 
use
 services under an
agreement under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (4)(b).
(7) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If
those gifts are conditioned upon their use for a specified service or program, they shall be so
used.
(8) (a) As used in this section, "public funds" means the same as that term is defined in
Section 
17-43-203
.
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract
between the local substance abuse authority and the provider for the provision of plan services.
(9) Subject to the requirements of the federal Substance Abuse Prevention and
Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure
that all substance [
abuse
] 
use
 treatment programs that receive public funds:
(a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
and
(b) if admission of a pregnant woman or a pregnant minor is not possible within 24
hours of the time that a request for admission is made, provide a comprehensive referral for
interim services that:
(i) are accessible to the pregnant woman or pregnant minor;
(ii) are best suited to provide services to the pregnant woman or pregnant minor;
(iii) may include:
(A) counseling;
(B) case management; or
(C) a support group; and
(iv) shall include a referral for:
(A) prenatal care; and
(B) counseling on the effects of alcohol and drug use during pregnancy.
(10) If a substance [
abuse
] 
use
 treatment program described in Subsection (9) is not
able to accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48
hours of the time that request for admission is made, the local substance abuse authority shall
contact the Division of Integrated Healthcare for assistance in providing services to the
pregnant woman or pregnant minor.
Section 53. Section 
17-43-204
 is amended to read:
17-43-204.
Fees for substance abuse services -- Responsibility for cost of service if
rendered by authority to nonresident -- Authority may receive funds from other sources.
(1) Each local substance abuse authority shall charge a fee for substance [
abuse
] 
use
services, except that substance [
abuse
] 
use
 services may not be refused to any person because
of inability to pay.
(2) If a local substance abuse authority, through its designated provider, provides a
service described in Subsection 
17-43-201
(5) to a person who resides within the jurisdiction of
another local substance abuse authority, the local substance abuse authority in whose
jurisdiction the person resides is responsible for the cost of that service if its designated
provider has authorized the provision of that service.
(3) A local substance abuse authority and entities that contract with a local substance
abuse authority to provide substance [
abuse
] 
use
 services may receive funds made available by
federal, state, or local health, substance [
abuse
] 
use
, mental health, education, welfare, or other
agencies, in accordance with the provisions of this part and [
Title 62A, Chapter 15, Substance
Abuse and Mental Health Act
] 
Title 26B, Chapter 5, Health Care - Substance Use and Mental
Health
.
Section 54. Section 
17-43-301
 is amended to read:
17-43-301.
Local mental health authorities -- Responsibilities.
(1) As used in this section:
(a) "Assisted outpatient treatment" means the same as that term is defined in Section
[
62A-15-602
] 
26B-5-301
.
(b) "Crisis worker" means the same as that term is defined in Section [
62A-15-1301
]
26B-5-610
.
(c) "Local mental health crisis line" means the same as that term is defined in Section
[
62A-15-1301
] 
26B-5-610
.
(d) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(e) "Public funds" means the same as that term is defined in Section 
17-43-303
.
(f) "Statewide mental health crisis line" means the same as that term is defined in
Section [
62A-15-1301
] 
26B-5-610
.
(2) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52a-203
, the county legislative body is the local mental health
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52a-204
, the county manager is the local mental health authority.
(iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
county legislative body is the local mental health authority.
(b) Within legislative appropriations and county matching funds required by this
section, under the direction of the division, each local mental health authority shall:
(i) provide mental health services to individuals within the county; and
(ii) cooperate with efforts of the division to promote integrated programs that address
an individual's substance [
abuse
] 
use
, mental health, and physical healthcare needs, as
described in Section [
62A-15-103
] 
26B-5-102
.
(c) Within legislative appropriations and county matching funds required by this
section, each local mental health authority shall cooperate with the efforts of the department to
promote a system of care, as defined in Section 
26B-1-102
, for minors with or at risk for
complex emotional and behavioral needs, as described in Section 
26B-1-202
.
(3) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide mental health prevention and treatment services; or
(ii) create a united local health department that combines substance [
abuse
] 
use
treatment services, mental health services, and local health department services in accordance
with Subsection (4).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of mental health services.
(c) Each agreement for joint mental health services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined mental health authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money available for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined mental health
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined mental health
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined mental health authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint mental health services may provide for:
(i) joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other participating local
mental health authorities; and
(ii) allocation of appointments of members of the mental health advisory council
between or among participating counties.
(4) A county governing body may elect to combine the local mental health authority
with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
Department Act, to create a united local health department under Section 
26A-1-105.5
. A local
mental health authority that joins with a united local health department shall comply with this
part.
(5) (a) Each local mental health authority is accountable to the department and the state
with regard to the use of state and federal funds received from those departments for mental
health services, regardless of whether the services are provided by a private contract provider.
(b) Each local mental health authority shall comply, and require compliance by its
contract provider, with all directives issued by the department regarding the use and
expenditure of state and federal funds received from those departments for the purpose of
providing mental health programs and services. The department shall ensure that those
directives are not duplicative or conflicting, and shall consult and coordinate with local mental
health authorities with regard to programs and services.
(6) (a) Each local mental health authority shall:
(i) review and evaluate mental health needs and services, including mental health needs
and services for:
(A) an individual incarcerated in a county jail or other county correctional facility; and
(B) an individual who is a resident of the county and who is court ordered to receive
assisted outpatient treatment under Section [
62A-15-630.5
] 
26B-5-351
;
(ii) in accordance with Subsection (6)(b), annually prepare and submit to the division a
plan approved by the county legislative body for mental health funding and service delivery,
either directly by the local mental health authority or by contract;
(iii) establish and maintain, either directly or by contract, programs licensed under
[
Title 62A, Chapter 2, Licensure of Programs and Facilities
] 
Title 26B, Chapter 2, Part 1,
Human Services Programs and Facilities
;
(iv) appoint, directly or by contract, a full-time or part-time director for mental health
programs and prescribe the director's duties;
(v) provide input and comment on new and revised rules established by the division;
(vi) establish and require contract providers to establish administrative, clinical,
personnel, financial, procurement, and management policies regarding mental health services
and facilities, in accordance with the rules of the division, and state and federal law;
(vii) establish mechanisms allowing for direct citizen input;
(viii) annually contract with the division to provide mental health programs and
services in accordance with the provisions of [
Title 62A, Chapter 15, Substance Abuse and
Mental Health Act
] 
Title 26B, Chapter 5, Health Care - Substance Use and Mental Health
;
(ix) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(x) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act; and
(xii) take and retain physical custody of minors committed to the physical custody of
local mental health authorities by a judicial proceeding under [
Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health
]
Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18
.
(b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
children, which shall include:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation, including vocational training and skills development;
(vii) case management;
(viii) community supports, including in-home services, housing, family support
services, and respite services;
(ix) consultation and education services, including case consultation, collaboration
with other county service agencies, public education, and public information; and
(x) services to persons incarcerated in a county jail or other county correctional facility.
(7) (a) If a local mental health authority provides for a local mental health crisis line
under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the local
mental health authority shall:
(i) collaborate with the statewide mental health crisis line described in Section
[
62A-15-1302
] 
26B-5-610
;
(ii) ensure that each individual who answers calls to the local mental health crisis line:
(A) is a mental health therapist or a crisis worker; and
(B) meets the standards of care and practice established by the Division of Integrated
Healthcare, in accordance with Section [
62A-15-1302
] 
26B-5-610
; and
(iii) ensure that when necessary, based on the local mental health crisis line's capacity,
calls are immediately routed to the statewide mental health crisis line to ensure that when an
individual calls the local mental health crisis line, regardless of the time, date, or number of
individuals trying to simultaneously access the local mental health crisis line, a mental health
therapist or a crisis worker answers the call without the caller first:
(A) waiting on hold; or
(B) being screened by an individual other than a mental health therapist or crisis
worker.
(b) If a local mental health authority does not provide for a local mental health crisis
line under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the
local mental health authority shall use the statewide mental health crisis line as a local crisis
line resource.
(8) Before disbursing any public funds, each local mental health authority shall require
that each entity that receives any public funds from a local mental health authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the mental health authority shall be subject to examination by:
(i) the division;
(ii) the local mental health authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide mental health services under an agreement
under Subsection (3), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local mental health
authority; and
(c) the entity will comply with the provisions of Subsection (5)(b).
(9) A local mental health authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for mental health services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(10) Public funds received for the provision of services pursuant to the local mental
health plan may not be used for any other purpose except those authorized in the contract
between the local mental health authority and the provider for the provision of plan services.
(11) A local mental health authority shall provide assisted outpatient treatment
services, as described in Section [
62A-15-630.4
] 
26B-5-350
, to a resident of the county who
has been ordered under Section [
62A-15-630.5
] 
26B-5-351
 to receive assisted outpatient
treatment.
Section 55. Section 
17-43-303
 is amended to read:
17-43-303.
Definition of "public funds" -- Responsibility for oversight of public
funds -- Mental health programs and services.
(1) As used in this section, "public funds":
(a) means:
(i) federal money received from the department or the Department of Health 
and
Human Services
; and
(ii) state money appropriated by the Legislature to the department, the Department of
Health 
and Human Services
, a county governing body, or a local mental health authority for the
purposes of providing mental health programs or services; and
(b) includes that federal and state money:
(i) even after the money has been transferred by a local mental health authority to a
private provider under an annual or otherwise ongoing contract to provide comprehensive
mental health programs or services for the local mental health authority; and
(ii) while in the possession of the private provider.
(2) Each local mental health authority is responsible for oversight of all public funds
received by it, to determine that those public funds are utilized in accordance with federal and
state law, the rules and policies of the department and the Department of Health 
and Human
Services
, and the provisions of any contract between the local mental health authority and the
department, the Department of Health 
and Human Services
, or a private provider. That
oversight includes requiring that neither the contract provider, as described in Subsection (1),
nor any of its employees:
(a) violate any applicable federal or state criminal law;
(b) knowingly violate any applicable rule or policy of the department or Department of
Health 
and Human Services
, or any provision of contract between the local mental health
authority and the department, the Department of Health 
and Human Services
, or the private
provider;
(c) knowingly keep any false account or make any false entry or erasure in any account
of or relating to the public funds;
(d) fraudulently alter, falsify, conceal, destroy, or obliterate any account of or relating
to public funds;
(e) fail to ensure competent oversight for lawful disbursement of public funds;
(f) appropriate public funds for an unlawful use or for a use that is not in compliance
with contract provisions; or
(g) knowingly or intentionally use public funds unlawfully or in violation of a
governmental contract provision, or in violation of state policy.
(3) A local mental health authority that knew or reasonably should have known of any
of the circumstances described in Subsection (2), and that fails or refuses to take timely
corrective action in good faith shall, in addition to any other penalties provided by law, be
required to make full and complete repayment to the state of all public funds improperly used
or expended.
(4) Any public funds required to be repaid to the state by a local mental health
authority pursuant to Subsection (3), based upon the actions or failure of the contract provider,
may be recovered by the local mental health authority from its contract provider, in addition to
the local mental health authority's costs and [
attorney's
] 
attorney
 fees.
Section 56. Section 
17-43-306
 is amended to read:
17-43-306.
Fees for mental health services -- Responsibility for cost of service if
rendered by authority to nonresident -- Authority may receive funds from other sources.
(1) Each local mental health authority shall charge a fee for mental health services,
except that mental health services may not be refused to any person because of inability to pay.
(2) If a local mental health authority, through its designated provider, provides a
service described in Section 
17-43-301
 to a person who resides within the jurisdiction of
another local mental health authority, the local mental health authority in whose jurisdiction the
person resides is responsible for the cost of that service if its designated provider has
authorized the provision of that service.
(3) A local mental health authority and entities that contract with a local mental health
authority to provide mental health services may receive funds made available by federal, state,
or local health, substance [
abuse
] 
use
, mental health, education, welfare, or other agencies, in
accordance with the provisions of this part and [
Title 62A, Chapter 15, Substance Abuse and
Mental Health Act
] 
Title 26B, Chapter 5, Health Care - Substance Use and Mental Health
.
Section 57. Section 
17-50-318
 is amended to read:
17-50-318.
Mental health and substance use services.
Each county shall provide mental health and substance [
abuse
] 
use
 services in
accordance with [
Title 62A, Chapter 15, Substance Abuse and Mental Health Act
] 
Title 26B,
Chapter 5, Health Care - Substance Use and Mental Health
.
Section 58. Section 
17-50-333
 is amended to read:
17-50-333.
Regulation of retail tobacco specialty business.
(1) As used in this section:
(a) "Community location" means:
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
(ii) a licensed child-care facility or preschool;
(iii) a trade or technical school;
(iv) a church;
(v) a public library;
(vi) a public playground;
(vii) a public park;
(viii) a youth center or other space used primarily for youth oriented activities;
(ix) a public recreational facility;
(x) a public arcade; or
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
(b) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
(c) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(d) "Flavored electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
(e) "Licensee" means a person licensed under this section to conduct business as a
retail tobacco specialty business.
(f) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(g) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(h) "Retail tobacco specialty business" means a commercial establishment in which:
(i) sales of tobacco products, electronic cigarette products, and nicotine products
account for more than 35% of the total quarterly gross receipts for the establishment;
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
storage of tobacco products, electronic cigarette products, or nicotine products;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products, electronic cigarette products, or nicotine products;
(iv) the commercial establishment:
(A) holds itself out as a retail tobacco specialty business; and
(B) causes a reasonable person to believe the commercial establishment is a retail
tobacco specialty business;
(v) any flavored electronic cigarette product is sold; or
(vi) the retail space features a self-service display for tobacco products, electronic
cigarette products, or nicotine products.
(i) "Self-service display" means the same as that term is defined in Section
76-10-105.1
.
(j) "Tobacco product" means:
(i) the same as that term is defined in Section 
76-10-101
; or
(ii) tobacco paraphernalia as defined in Section 
76-10-101
.
(2) The regulation of a retail tobacco specialty business is an exercise of the police
powers of the state by the state or by the delegation of the state's police power to other
governmental entities.
(3) (a) A person may not operate a retail tobacco specialty business in a county unless
the person obtains a license from the county in which the retail tobacco specialty business is
located.
(b) A county may only issue a retail tobacco specialty business license to a person if
the person complies with the provisions of Subsections (4) and (5).
(4) (a) Except as provided in Subsection (7), a county may not issue a license for a
person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
business is located within:
(i) 1,000 feet of a community location;
(ii) 600 feet of another retail tobacco specialty business; or
(iii) 600 feet from property used or zoned for:
(A) agriculture use; or
(B) residential use.
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
to intervening structures or zoning districts.
(5) A county may not issue or renew a license for a person to conduct business as a
retail tobacco specialty business until the person provides the county with proof that the retail
tobacco specialty business has:
(a) a valid permit for a retail tobacco specialty business issued under [
Title 26, Chapter
62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit
] 
Title 26B, Chapter 7,
Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products
, by the local health
department having jurisdiction over the area in which the retail tobacco specialty business is
located; and
(b) (i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell a tobacco product; or
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
license issued by the State Tax Commission in accordance with Section 
59-14-803
 to sell an
electronic cigarette product or a nicotine product.
(6) (a) Nothing in this section:
(i) requires a county to issue a retail tobacco specialty business license; or
(ii) prohibits a county from adopting more restrictive requirements on a person seeking
a license or renewal of a license to conduct business as a retail tobacco specialty business.
(b) A county may suspend or revoke a retail tobacco specialty business license issued
under this section:
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
Part 16, Pattern of Unlawful Activity Act;
(ii) if a licensee violates federal law or federal regulations restricting the sale and
distribution of tobacco products or electronic cigarette products to protect children and
adolescents;
(iii) upon the recommendation of the department or a local health department under
[
Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit
] 
Title
26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products
; or
(iv) under any other provision of state law or local ordinance.
(7) (a) Except as provided in Subsection (7)(e), a retail tobacco specialty business is
exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
license to conduct business as a retail tobacco specialty business;
(ii) the retail tobacco specialty business is operating in a county in accordance with all
applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(b) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(a) if:
(i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
or permanent revocation;
(ii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iii) the retail tobacco specialty business does not substantially change the business
premises or business operation; and
(iv) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the license described in Subsection (7)(a)(i).
(c) A retail tobacco specialty business that does not qualify for an exemption under
Subsection (7)(a) is exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
general tobacco retailer permit or a retail tobacco specialty business permit under Title 26,
Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local
health department having jurisdiction over the area in which the retail tobacco specialty
business is located;
(ii) the retail tobacco specialty business is operating in the county in accordance with
all applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(d) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(c) if:
(i) on or before December 31, 2020, the retail tobacco specialty business receives a
retail tobacco specialty business permit from the local health department having jurisdiction
over the area in which the retail tobacco specialty business is located;
(ii) the permit described in Subsection (7)(d)(i) is renewed continuously without lapse
or permanent revocation;
(iii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iv) the retail tobacco specialty business does not substantially change the business
premises or business operation as the business existed when the retail tobacco specialty
business received a permit under Subsection (7)(d)(i); and
(v) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
(e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high,
or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco
specialty business:
(i) relocates, before July 1, 2022, to a property that is used or zoned for commercial use
and located within a group of architecturally unified commercial establishments built on a site
that is planned, developed, owned, and managed as an operating unit; and
(ii) continues to meet the requirements described in Subsection (7)(b) that are not
directly related to the relocation described in this Subsection (7)(e).
Section 59. Section 
17-50-339
 is amended to read:
17-50-339.
Prohibition on licensing or certification of child care programs.
(1) (a) As used in this section, "child care program" means a child care facility or
program operated by a person who holds a license or certificate from the Department of Health
and Human Services under [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title 26B,
Chapter 2, Part 4, Child Care Licensing
.
(b) "Child care program" does not include a child care program for which a county
provides oversight, as described in Subsection [
26-39-403
(2)(e)
] 
26B-2-405
(2)(e)
.
(2) A county may not enact or enforce an ordinance that:
(a) imposes licensing or certification requirements for a child care program; or
(b) governs the manner in which care is provided in a child care program.
(3) This section does not prohibit a county from:
(a) requiring a business license to operate a business within the county; or
(b) imposing requirements related to building, health, and fire codes.
Section 60. Section 
17B-2a-818.5
 is amended to read:
17B-2a-818.5.
Contracting powers of public transit districts -- Health insurance
coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means:
(i) the same as that term is defined in Section 
31A-1-301
; or
(ii) an employee welfare benefit plan:
(A) established under the Employee Retirement Income Security Act of 1974, 29
U.S.C. Sec. 1001 et seq.;
(B) for an employer with 100 or more employees; and
(C) in which the employer establishes a self-funded or partially self-funded group
health plan to provide medical care for the employer's employees and dependents of the
employees.
(e) "Qualified health coverage" means the same as that term is defined in Section
[
26-40-115
] 
26B-3-909
.
(f) "Subcontractor" means the same as that term is defined in Section 
63A-5b-605
.
(g) "Third party administrator" or "administrator" means the same as that term is
defined in Section 
31A-1-301
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by the public transit
district on or after July 1, 2009, if the prime contract is in an aggregate amount equal to or
greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by
the public transit district on or after July 1, 2009, if the subcontract is in an aggregate amount
equal to or greater than $1,000,000.
(3) The requirements of this section do not apply to a contractor or subcontractor
described in Subsection (2) if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract is a sole source contract; or
(c) the contract is an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
public transit district that the contractor has and will maintain an offer of qualified health
coverage for the contractor's employees and the employee's dependents during the duration of
the contract by submitting to the public transit district a written statement that:
(i) the contractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer;
(B) an underwriter who is responsible for developing the employer group's premium
rates; or
(C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii),
an actuary or underwriter selected by a third party administrator; and
(iii) was created within one year before the day on which the statement is submitted.
(b) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii)
shall provide the actuary or underwriter selected by an administrator, as described in
Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's
contribution to the health benefit plan and the actuarial value of the health benefit plan meet the
requirements of qualified health coverage.
(ii) A contractor may not make a change to the contractor's contribution to the health
benefit plan, unless the contractor provides notice to:
(A) the actuary or underwriter selected by an administrator as described in Subsection
(5)(a)(ii)(C), for the actuary or underwriter to update the written statement described in
Subsection (5)(a) in compliance with this section; and
(B) the public transit district.
(c) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health coverage for the subcontractor's employees and the employees' dependents during the
duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an
underwriter who is responsible for developing the employer group's premium rates, or if the
subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or
underwriter selected by an administrator; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(d) (i) (A) A contractor that fails to maintain an offer of qualified health coverage as
described in Subsection (5)(a) during the duration of the contract is subject to penalties in
accordance with an ordinance adopted by the public transit district under Subsection (6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health coverage described in Subsection (5)(c)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
coverage described in Subsection (5)(c)(i) during the duration of the subcontract is subject to
penalties in accordance with an ordinance adopted by the public transit district under
Subsection (6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health coverage described in Subsection (5)(a).
(6) The public transit district shall adopt ordinances:
(a) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) the Division of Facilities Construction and Management in accordance with
Section 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
; and
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(b) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the public transit district or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(c)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the public transit district upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the public transit district upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health coverage for employees and dependents of employees of the
contractor or subcontractor who were not offered qualified health coverage during the duration
of the contract; and
(iii) a website on which the district shall post the commercially equivalent benchmark,
for the qualified health coverage identified in Subsection (1)(e), that is provided by the
Department of Health 
and Human Services
, in accordance with Subsection [
26-40-115
(2)
]
26B-3-909
(2)
.
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(b)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(c)(ii); or
(B) a department or division determines that compliance with this section is not
required under the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section [
26-18-402
] 
26B-1-309
.
(9) The failure of a contractor or subcontractor to provide qualified health coverage as
required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
(10) An administrator, including an administrator's actuary or underwriter, who
provides a written statement under Subsection (5)(a) or (c) regarding the qualified health
coverage of a contractor or subcontractor who provides a health benefit plan described in
Subsection (1)(d)(ii):
(a) subject to Subsection (10)(b), is not liable for an error in the written statement,
unless the administrator commits gross negligence in preparing the written statement;
(b) is not liable for any error in the written statement if the administrator relied in good
faith on information from the contractor or subcontractor; and
(c) may require as a condition of providing the written statement that a contractor or
subcontractor hold the administrator harmless for an action arising under this section.
Section 61. Section 
17B-2a-902
 is amended to read:
17B-2a-902.
Provisions applicable to service areas.
(1) Each service area is governed by and has the powers stated in:
(a) this part; and
(b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Local
Districts.
(2) This part applies only to service areas.
(3) A service area is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
Local Districts, and a provision in this part, the provision in this part governs.
(5) (a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a
service area may not charge or collect a fee under Section 
17B-1-643
 for:
(i) law enforcement services;
(ii) fire protection services;
(iii) 911 ambulance or paramedic services as defined in Section [
26-8a-102
] 
26B-4-101
that are provided under a contract in accordance with Section [
26-8a-405.2
] 
26B-4-156
; or
(iv) emergency services.
(b) Subsection (5)(a) does not apply to:
(i) a fee charged or collected on an individual basis rather than a general basis;
(ii) a non-911 service as defined in Section [
26-8a-102
] 
26B-4-101
 that is provided
under a contract in accordance with Section [
26-8a-405.2
] 
26B-4-156
;
(iii) an impact fee charged or collected for a public safety facility as defined in Section
11-36a-102
; or
(iv) a service area that includes within the boundary of the service area a county of the
fifth or sixth class.
Section 62. Section 
18-1-3
 is amended to read:
18-1-3.
Dogs attacking domestic animals, service animals, hoofed protected
wildlife, or domestic fowls.
Any person may injure or kill a dog while:
(1) the dog is attacking, chasing, or worrying:
(a) a domestic animal having a commercial value;
(b) a service animal, as defined in Section [
62A-5b-102
] 
26B-6-801
; or
(c) any species of hoofed protected wildlife;
(2) the dog is attacking domestic fowls; or
(3) the dog is being pursued for committing an act described in Subsection (1) or (2).
Section 63. Section 
19-1-205
 is amended to read:
19-1-205.
Assumption of responsibilities.
The department assumes all the policymaking functions, regulatory and enforcement
powers, rights, duties, and responsibilities of the Division of Environmental Health, the Air
Conservation Committee, the Solid and Hazardous Waste Committee, the Utah Safe Drinking
Water Committee, and the Water Pollution Control Committee previously vested in the
Department of Health 
and Human Services
 and its executive director:
(1) including programs for individual wastewater disposal systems, liquid scavenger
operations, and vault and earthen pit privies; but
(2) excluding all other sanitation programs, which shall be administered by the
Department of Health 
and Human Services
.
Section 64. Section 
19-1-206
 is amended to read:
19-1-206.
Contracting powers of department -- Health insurance coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means:
(i) the same as that term is defined in Section 
31A-1-301
; or
(ii) an employee welfare benefit plan:
(A) established under the Employee Retirement Income Security Act of 1974, 29
U.S.C. Sec. 1001 et seq.;
(B) for an employer with 100 or more employees; and
(C) in which the employer establishes a self-funded or partially self-funded group
health plan to provide medical care for the employer's employees and dependents of the
employees.
(e) "Qualified health coverage" means the same as that term is defined in Section
[
26-40-115
] 
26B-3-909
.
(f) "Subcontractor" means the same as that term is defined in Section 
63A-5b-605
.
(g) "Third party administrator" or "administrator" means the same as that term is
defined in Section 
31A-1-301
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by, or delegated to, the
department, or a division or board of the department, on or after July 1, 2009, if the prime
contract is in an aggregate amount equal to or greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by,
or delegated to, the department, or a division or board of the department, on or after July 1,
2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000.
(3) This section does not apply to contracts entered into by the department or a division
or board of the department if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract or agreement is between:
(i) the department or a division or board of the department; and
(ii) (A) another agency of the state;
(B) the federal government;
(C) another state;
(D) an interstate agency;
(E) a political subdivision of this state; or
(F) a political subdivision of another state;
(c) the executive director determines that applying the requirements of this section to a
particular contract interferes with the effective response to an immediate health and safety
threat from the environment; or
(d) the contract is:
(i) a sole source contract; or
(ii) an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
executive director that the contractor has and will maintain an offer of qualified health
coverage for the contractor's employees and the employees' dependents during the duration of
the contract by submitting to the executive director a written statement that:
(i) the contractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer;
(B) an underwriter who is responsible for developing the employer group's premium
rates; or
(C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii),
an actuary or underwriter selected by a third party administrator; and
(iii) was created within one year before the day on which the statement is submitted.
(b) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii)
shall provide the actuary or underwriter selected by an administrator, as described in
Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's
contribution to the health benefit plan and the actuarial value of the health benefit plan meet the
requirements of qualified health coverage.
(ii) A contractor may not make a change to the contractor's contribution to the health
benefit plan, unless the contractor provides notice to:
(A) the actuary or underwriter selected by an administrator, as described in Subsection
(5)(a)(ii)(C), for the actuary or underwriter to update the written statement described in
Subsection (5)(a) in compliance with this section; and
(B) the department.
(c) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health coverage for the subcontractor's employees and the employees' dependents during the
duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an
underwriter who is responsible for developing the employer group's premium rates, or if the
subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or
underwriter selected by an administrator; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(d) (i) (A) A contractor that fails to maintain an offer of qualified health coverage
described in Subsection (5)(a) during the duration of the contract is subject to penalties in
accordance with administrative rules adopted by the department under Subsection (6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health coverage described in Subsection (5)(c)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
coverage described in Subsection (5)(c) during the duration of the subcontract is subject to
penalties in accordance with administrative rules adopted by the department under Subsection
(6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) a public transit district in accordance with Section 
17B-2a-818.5
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) the Division of Facilities Construction and Management in accordance with
Section 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(vi) the Legislature's Administrative Rules Review and General Oversight Committee;
and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(c)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) notwithstanding Section 
19-1-303
, monetary penalties which may not exceed 50%
of the amount necessary to purchase qualified health coverage for an employee and the
dependents of an employee of the contractor or subcontractor who was not offered qualified
health coverage during the duration of the contract; and
(iii) a website on which the department shall post the commercially equivalent
benchmark, for the qualified health coverage identified in Subsection (1)(e), that is provided by
the Department of Health 
and Human Services
, in accordance with Subsection [
26-40-115
(2)
]
26B-3-909
(2)
.
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(c)(ii); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section [
26-18-402
] 
26B-1-309
.
(9) The failure of a contractor or subcontractor to provide qualified health coverage as
required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
(10) An administrator, including an administrator's actuary or underwriter, who
provides a written statement under Subsection (5)(a) or (c) regarding the qualified health
coverage of a contractor or subcontractor who provides a health benefit plan described in
Subsection (1)(d)(ii):
(a) subject to Subsection (10)(b), is not liable for an error in the written statement,
unless the administrator commits gross negligence in preparing the written statement;
(b) is not liable for any error in the written statement if the administrator relied in good
faith on information from the contractor or subcontractor; and
(c) may require as a condition of providing the written statement that a contractor or
subcontractor hold the administrator harmless for an action arising under this section.
Section 65. Section 
19-4-115
 is amended to read:
19-4-115.
Drinking water quality in schools and child care centers.
(1) As used in this section:
(a) "Action level" means a lead concentration equal to five parts per billion.
(b) "Certified laboratory" means a laboratory certified by the Department of Health and
Human Services that analyzes drinking water for lead.
(c) "Child care center" means:
(i) a center based child care, as defined in Section [
26-39-102
] 
26B-2-401
; or
(ii) an exempt provider, as defined in Section [
26-39-102
] 
26B-2-401
.
(d) "Consumable tap" means a sink or fountain used for consumption of water or food
preparation.
(e) "School" means a public or private:
(i) elementary school or secondary school;
(ii) preschool; or
(iii) kindergarten.
(2) (a) A school shall, and a child care center may test the school's or child care center's
consumable taps for lead by no later than December 31, 2023.
(b) In conducting a test under this Subsection (2), a school or child care center shall:
(i) comply with current state testing guidelines for reducing lead in drinking water in
schools and child care centers; and
(ii) submit a sample to a certified laboratory that has entered into a memorandum of
understanding with the division as described in Subsection (3).
(c) Notwithstanding Subsection (2)(a), if a school or child care center has conducted a
test for lead in drinking water in a consumable tap of the school or child care center on or after
January 1, 2016, but before May 4, 2022, the school or child care center:
(i) is not required to conduct a test under Subsection (2)(a) on the previously sampled
consumable tap;
(ii) if the test described in this Subsection (2)(c) finds a lead level for a consumable tap
equals or exceeds the action level, shall take steps to stop the use of the consumable tap or to
reduce the lead level below the action level as described in Subsection (5); and
(iii) by no later than the end of the time period established under Subsection (4)(c),
shall report to the division:
(A) the findings of the test described in this Subsection (2)(c); and
(B) any steps taken under Subsection (2)(c)(ii).
(3) (a) The division shall enter into a memorandum of understanding with one or more
certified laboratories under which the division pays the costs of testing a sample submitted by a
school or child care center in accordance with Subsection (2).
(b) Subject to appropriations, the division shall pay the costs of testing in the order that
a sample is submitted to the certified laboratory.
(c) A certified laboratory shall report test results for a sample submitted in accordance
with Subsection (2) to:
(i) the school or child care center that submitted the sample; and
(ii) the division.
(4) (a) If after paying the costs of testing under Subsection (3) there remains money
appropriated under this section, the division may issue grants to schools and child care centers
for costs associated with taking action under Subsection (5).
(b) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(i) to establish a procedure for a school or child care center applying for a grant under
Subsection (4)(a); and
(ii) for what constitutes steps to reduce the lead level below the action level as
described in Subsection (5).
(c) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish the time period to take steps to reduce the lead
level below the action level as described in Subsection (5).
(5) If a test result of a consumable tap under Subsection (2) results in a lead level that
equals or exceeds the action level, the school or child care center shall:
(a) within the time period established under Subsection (4)(c) take steps to stop the use
of the consumable tap or to reduce the lead level below the action level; and
(b) report the steps taken under Subsection (5)(a) to the division within 30 days after
taking the steps.
(6) After the time period established under Subsection (4)(c) has ended, the division
shall post on a public website for at least five years from the day on which the division receives
the information:
(a) the test results for a test taken under Subsection (2); and
(b) the steps taken as required under Subsection (5).
Section 66. Section 
19-6-902
 is amended to read:
19-6-902.
Definitions.
As used in this part:
(1) "Board" means the Waste Management and Radiation Control Board, as defined in
Section 
19-1-106
, within the Department of Environmental Quality.
(2) "Certified decontamination specialist" means an individual who has met the
standards for certification as a decontamination specialist and has been certified by the board
under Subsection 
19-6-906
(2).
(3) "Contaminated" or "contamination" means:
(a) polluted by hazardous materials that cause property to be unfit for human habitation
or use due to immediate or long-term health hazards; or
(b) that a property is polluted by hazardous materials as a result of the use, production,
or presence of methamphetamine in excess of decontamination standards adopted by the
Department of Health 
and Human Services
 under Section [
26-51-201
] 
26B-7-409
.
(4) "Contamination list" means a list maintained by the local health department of
properties:
(a) reported to the local health department under Section 
19-6-903
; and
(b) determined by the local health department to be contaminated.
(5) (a) "Decontaminated" means property that at one time was contaminated, but the
contaminants have been removed.
(b) "Decontaminated" for a property that was contaminated by the use, production, or
presence of methamphetamine means that the property satisfies decontamination standards
adopted by the Department of Health 
and Human Services
 under Section [
26-51-201
]
26B-7-409
.
(6) "Hazardous materials":
(a) has the same meaning as "hazardous or dangerous material" as defined in Section
58-37d-3
; and
(b) includes any illegally manufactured controlled substances.
(7) "Health department" means a local health department under Title 26A, Local
Health Authorities.
(8) "Owner of record":
(a) means the owner of real property as shown on the records of the county recorder in
the county where the property is located; and
(b) may include an individual, financial institution, company, corporation, or other
entity.
(9) "Property":
(a) means any real property, site, structure, part of a structure, or the grounds
surrounding a structure; and
(b) includes single-family residences, outbuildings, garages, units of multiplexes,
condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers,
manufactured housing, shops, or booths.
(10) "Reported property" means property that is the subject of a law enforcement report
under Section 
19-6-903
.
Section 67. Section 
20A-2-104
 is amended to read:
20A-2-104.
Voter registration form -- Registered voter lists -- Fees for copies.
(1) (a) As used in this section:
(i) "Candidate for public office" means an individual:
(A) who files a declaration of candidacy for a public office;
(B) who files a notice of intent to gather signatures under Section 
20A-9-408
; or
(C) employed by, under contract with, or a volunteer of, an individual described in
Subsection (1)(a)(i)(A) or (B) for political campaign purposes.
(ii) "Dating violence" means the same as that term is defined in Section 
78B-7-402
 and
the federal Violence Against Women Act of 1994, as amended.
(iii) "Domestic violence" means the same as that term is defined in Section 
77-36-1
and the federal Violence Against Women Act of 1994, as amended.
(b) An individual applying for voter registration, or an individual preregistering to
vote, shall complete a voter registration form in substantially the following form:
-----------------------------------------------------------------------------------------------------------------
UTAH ELECTION REGISTRATION FORM
Are you a citizen of the United States of America? Yes No
If you checked "no" to the above question, do not complete this form.
Will you be 18 years of age on or before election day? Yes No
If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
vote? Yes No
If you checked "no" to both of the prior two questions, do not complete this form.
Name of Voter
_________________________________________________________________
First Middle Last
Utah Driver License or Utah Identification Card Number____________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence
____________________________________________________________________________
City County State Zip Code
Telephone Number (optional) _________________________
Email Address (optional) _____________________________________________
Last four digits of Social Security Number ______________________
Last former address at which I was registered to vote (if
known)__________________________
____________________________________________________________________________
City County State Zip Code
Political Party
(a listing of each registered political party, as defined in Section 
20A-8-101
 and maintained by
the lieutenant governor under Section 
67-1a-2
, with each party's name preceded by a checkbox)
◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
I do swear (or affirm), subject to penalty of law for false statements, that the
information contained in this form is true, and that I am a citizen of the United States and a
resident of the state of Utah, residing at the above address. Unless I have indicated above that I
am preregistering to vote in a later election, I will be at least 18 years of age and will have
resided in Utah for 30 days immediately before the next election. I am not a convicted felon
currently incarcerated for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
_______________(month/day/year).
PRIVACY INFORMATION
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, full date of birth, and phone number are available only to government entities. Your
year of birth is available to political parties, candidates for public office, certain third parties,
and their contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that all information on
your voter registration records be withheld from all political parties, candidates for public
office, and their contractors, employees, and volunteers, by submitting a withholding request
form, and any required verification, as described in the following paragraphs.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form with this registration
record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form and any required
verification with this registration form, or to the lieutenant governor or a county clerk, if the
person is, or resides with a person who is, a law enforcement officer, a member of the armed
forces, a public figure, or protected by a protective order or a protection order.
CITIZENSHIP AFFIDAVIT
Name:
Name at birth, if different:
Place of birth:
Date of birth:
Date and place of naturalization (if applicable):
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and
correct.
____________________________
Signature of Applicant
In accordance with Section 
20A-2-401
, the penalty for willfully causing, procuring, or
allowing yourself to be registered or preregistered to vote if you know you are not entitled to
register or preregister to vote is up to one year in jail and a fine of up to $2,500.
NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
PHOTOGRAPH; OR
TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
CURRENT ADDRESS.
FOR OFFICIAL USE ONLY
Type of I.D. ____________________________
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------
(c) Beginning May 1, 2022, the voter registration form described in Subsection (1)(b)
shall include a section in substantially the following form:
------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
If you have provided a phone number or email address, you can receive notifications by
text message or email regarding the status of a ballot that is mailed to you or a ballot that you
deposit in the mail or in a ballot drop box, by indicating here:
______ Yes, I would like to receive electronic notifications regarding the status of my
ballot.
------------------------------------------------------------------------------------------------------------------
(2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
of each voter registration form in a permanent countywide alphabetical file, which may be
electronic or some other recognized system.
(b) The county clerk may transfer a superseded voter registration form to the Division
of Archives and Records Service created under Section 
63A-12-101
.
(3) (a) Each county clerk shall retain lists of currently registered voters.
(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
(c) If there are any discrepancies between the two lists, the county clerk's list is the
official list.
(d) The lieutenant governor and the county clerks may charge the fees established
under the authority of Subsection 
63G-2-203
(10) to individuals who wish to obtain a copy of
the list of registered voters.
(4) (a) As used in this Subsection (4), "qualified person" means:
(i) a government official or government employee acting in the government official's or
government employee's capacity as a government official or a government employee;
(ii) a health care provider, as defined in Section [
26-33a-102
] 
26B-8-501
, or an agent,
employee, or independent contractor of a health care provider;
(iii) an insurance company, as defined in Section 
67-4a-102
, or an agent, employee, or
independent contractor of an insurance company;
(iv) a financial institution, as defined in Section 
7-1-103
, or an agent, employee, or
independent contractor of a financial institution;
(v) a political party, or an agent, employee, or independent contractor of a political
party;
(vi) a candidate for public office, or an employee, independent contractor, or volunteer
of a candidate for public office; or
(vii) a person, or an agent, employee, or independent contractor of the person, who:
(A) provides the year of birth of a registered voter that is obtained from the list of
registered voters only to a person who is a qualified person;
(B) verifies that a person, described in Subsection (4)(a)(vii)(A), to whom a year of
birth that is obtained from the list of registered voters is provided, is a qualified person;
(C) ensures, using industry standard security measures, that the year of birth of a
registered voter that is obtained from the list of registered voters may not be accessed by a
person other than a qualified person;
(D) verifies that each qualified person, other than a qualified person described in
Subsection (4)(a)(i), (v), or (vi), to whom the person provides the year of birth of a registered
voter that is obtained from the list of registered voters, will only use the year of birth to verify
the accuracy of personal information submitted by an individual or to confirm the identity of a
person in order to prevent fraud, waste, or abuse;
(E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
person provides the year of birth of a registered voter that is obtained from the list of registered
voters, will only use the year of birth in the qualified person's capacity as a government official
or government employee; and
(F) verifies that each qualified person described in Subsection (4)(a)(v) or (vi), to
whom the person provides the year of birth of a registered voter that is obtained from the list of
registered voters, will only use the year of birth for a political purpose of the political party or
candidate for public office.
(b) Notwithstanding Subsection 
63G-2-302
(1)(j)(iv), and except as provided in
Subsection 
63G-2-302
(1)(k) or (l), the lieutenant governor or a county clerk shall, when
providing the list of registered voters to a qualified person under this section, include, with the
list, the years of birth of the registered voters, if:
(i) the lieutenant governor or a county clerk verifies the identity of the person and that
the person is a qualified person; and
(ii) the qualified person signs a document that includes the following:
(A) the name, address, and telephone number of the person requesting the list of
registered voters;
(B) an indication of the type of qualified person that the person requesting the list
claims to be;
(C) a statement regarding the purpose for which the person desires to obtain the years
of birth;
(D) a list of the purposes for which the qualified person may use the year of birth of a
registered voter that is obtained from the list of registered voters;
(E) a statement that the year of birth of a registered voter that is obtained from the list
of registered voters may not be provided or used for a purpose other than a purpose described
under Subsection (4)(b)(ii)(D);
(F) a statement that if the person obtains the year of birth of a registered voter from the
list of registered voters under false pretenses, or provides or uses the year of birth of a
registered voter that is obtained from the list of registered voters in a manner that is prohibited
by law, is guilty of a class A misdemeanor and is subject to a civil fine;
(G) an assertion from the person that the person will not provide or use the year of
birth of a registered voter that is obtained from the list of registered voters in a manner that is
prohibited by law; and
(H) notice that if the person makes a false statement in the document, the person is
punishable by law under Section 
76-8-504
.
(c) The lieutenant governor or a county clerk may not disclose the year of birth of a
registered voter to a person that the lieutenant governor or county clerk reasonably believes:
(i) is not a qualified person or a person described in Subsection (4)(l); or
(ii) will provide or use the year of birth in a manner prohibited by law.
(d) The lieutenant governor or a county clerk may not disclose the voter registration
form of a person, or information included in the person's voter registration form, whose voter
registration form is classified as private under Subsection (4)(h) to a person other than:
(i) a government official or government employee acting in the government official's or
government employee's capacity as a government official or government employee; or
(ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
described in Subsection (4)(a)(v) or (vi) for a political purpose.
(e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
governor or county clerk shall exclude the information described in Subsection
63G-2-302
(1)(j), other than the year of birth.
(f) The lieutenant governor or a county clerk may not disclose a withholding request
form, described in Subsections (7) and (8), submitted by an individual, or information obtained
from that form, to a person other than a government official or government employee acting in
the government official's or government employee's capacity as a government official or
government employee.
(g) A person is guilty of a class A misdemeanor if the person:
(i) obtains the year of birth of a registered voter from the list of registered voters under
false pretenses;
(ii) uses or provides the year of birth of a registered voter that is obtained from the list
of registered voters in a manner that is not permitted by law;
(iii) obtains a voter registration record described in Subsection 
63G-2-302
(1)(k) under
false pretenses;
(iv) uses or provides information obtained from a voter registration record described in
Subsection 
63G-2-302
(1)(k) in a manner that is not permitted by law;
(v) unlawfully discloses or obtains a voter registration record withheld under
Subsection (7) or a withholding request form described in Subsections (7) and (8); or
(vi) unlawfully discloses or obtains information from a voter registration record
withheld under Subsection (7) or a withholding request form described in Subsections (7) and
(8).
(h) The lieutenant governor or a county clerk shall classify the voter registration record
of a voter as a private record if the voter:
(i) submits a written application, created by the lieutenant governor, requesting that the
voter's voter registration record be classified as private;
(ii) requests on the voter's voter registration form that the voter's voter registration
record be classified as a private record; or
(iii) submits a withholding request form described in Subsection (7) and any required
verification.
(i) The lieutenant governor or a county clerk may not disclose to a person described in
Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
registration record, if the record is withheld under Subsection (7).
(j) In addition to any criminal penalty that may be imposed under this section, the
lieutenant governor may impose a civil fine against a person who violates a provision of this
section, in an amount equal to the greater of:
(i) the product of 30 and the square root of the total number of:
(A) records obtained, provided, or used unlawfully, rounded to the nearest whole
dollar; or
(B) records from which information is obtained, provided, or used unlawfully, rounded
to the nearest whole dollar; or
(ii) $200.
(k) A qualified person may not obtain, provide, or use the year of birth of a registered
voter, if the year of birth is obtained from the list of registered voters or from a voter
registration record, unless the person:
(i) is a government official or government employee who obtains, provides, or uses the
year of birth in the government official's or government employee's capacity as a government
official or government employee;
(ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
uses the year of birth only to verify the accuracy of personal information submitted by an
individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
(iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
provides, or uses the year of birth for a political purpose of the political party or candidate for
public office; or
(iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
uses the year of birth to provide the year of birth to another qualified person to verify the
accuracy of personal information submitted by an individual or to confirm the identity of a
person in order to prevent fraud, waste, or abuse.
(l) The lieutenant governor or a county clerk may provide a year of birth to a member
of the media, in relation to an individual designated by the member of the media, in order for
the member of the media to verify the identity of the individual.
(m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
information from a voter registration record for a purpose other than a political purpose.
(5) When political parties not listed on the voter registration form qualify as registered
political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
lieutenant governor shall inform the county clerks of the name of the new political party and
direct the county clerks to ensure that the voter registration form is modified to include that
political party.
(6) Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
(a) review each voter registration form for completeness and accuracy; and
(b) if the county clerk believes, based upon a review of the form, that an individual
may be seeking to register or preregister to vote who is not legally entitled to register or
preregister to vote, refer the form to the county attorney for investigation and possible
prosecution.
(7) The lieutenant governor or a county clerk shall withhold from a person, other than a
person described in Subsection (4)(a)(i), the voter registration record, and information obtained
from the voter registration record, of an individual:
(a) who submits a withholding request form, with the voter registration record or to the
lieutenant governor or a county clerk, if:
(i) the individual indicates on the form that the individual, or an individual who resides
with the individual, is a victim of domestic violence or dating violence or is likely to be a
victim of domestic violence or dating violence; or
(ii) the individual indicates on the form and provides verification that the individual, or
an individual who resides with the individual, is:
(A) a law enforcement officer;
(B) a member of the armed forces, as defined in Section 
20A-1-513
;
(C) a public figure; or
(D) protected by a protective order or protection order; or
(b) whose voter registration record was classified as a private record at the request of
the individual before May 12, 2020.
(8) (a) The lieutenant governor shall design and distribute the withholding request form
described in Subsection (7) to each election officer and to each agency that provides a voter
registration form.
(b) An individual described in Subsection (7)(a)(i) is not required to provide
verification, other than the individual's attestation and signature on the withholding request
form, that the individual, or an individual who resides with the individual, is a victim of
domestic violence or dating violence or is likely to be a victim of domestic violence or dating
violence.
(c) The director of elections within the Office of the Lieutenant Governor shall make
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
establishing requirements for providing the verification described in Subsection (7)(a)(ii).
(9) An election officer or an employee of an election officer may not encourage an
individual to submit, or discourage an individual from submitting, a withholding request form.
Section 68. Section 
20A-2-306
 is amended to read:
20A-2-306.
Removing names from the official register -- Determining and
confirming change of residence.
(1) A county clerk may not remove a voter's name from the official register on the
grounds that the voter has changed residence unless the voter:
(a) confirms in writing that the voter has changed residence to a place outside the
county; or
(b) (i) has not voted in an election during the period beginning on the date of the notice
required by Subsection (3), and ending on the day after the date of the second regular general
election occurring after the date of the notice; and
(ii) has failed to respond to the notice required by Subsection (3).
(2) (a) When a county clerk obtains information that a voter's address has changed and
it appears that the voter still resides within the same county, the county clerk shall:
(i) change the official register to show the voter's new address; and
(ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
printed on a postage prepaid, preaddressed return form.
(b) When a county clerk obtains information that a voter's address has changed and it
appears that the voter now resides in a different county, the county clerk shall verify the
changed residence by sending to the voter, by forwardable mail, the notice required by
Subsection (3) printed on a postage prepaid, preaddressed return form.
(3) (a) Each county clerk shall use substantially the following form to notify voters
whose addresses have changed:
"VOTER REGISTRATION NOTICE
We have been notified that your residence has changed. Please read, complete, and
return this form so that we can update our voter registration records. What is your current
street address?
___________________________________________________________________________
Street City County State Zip
What is your current phone number (optional)?________________________________
What is your current email address (optional)?_________________________________
If you have not changed your residence or have moved but stayed within the same
county, you must complete and return this form to the county clerk so that it is received by the
county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
return this form within that time:
- you may be required to show evidence of your address to the poll worker before being
allowed to vote in either of the next two regular general elections; or
- if you fail to vote at least once from the date this notice was mailed until the passing
of two regular general elections, you will no longer be registered to vote. If you have changed
your residence and have moved to a different county in Utah, you may register to vote by
contacting the county clerk in your county.
________________________________________
Signature of Voter
PRIVACY INFORMATION
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, full date of birth, and phone number are available only to government entities. Your
year of birth is available to political parties, candidates for public office, certain third parties,
and their contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that all information on
your voter registration records be withheld from all political parties, candidates for public
office, and their contractors, employees, and volunteers, by submitting a withholding request
form, and any required verification, as described in the following paragraphs.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form with this registration
record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form and any required
verification with this registration form, or to the lieutenant governor or a county clerk, if the
person is, or resides with a person who is, a law enforcement officer, a member of the armed
forces, a public figure, or protected by a protective order or a protection order."
(b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
section in substantially the following form:
------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
If you have provided a phone number or email address, you can receive notifications by
text message or email regarding the status of a ballot that is mailed to you or a ballot that you
deposit in the mail or in a ballot drop box, by indicating here:
______ Yes, I would like to receive electronic notifications regarding the status of my
ballot.
------------------------------------------------------------------------------------------------------------------
(4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
names of any voters from the official register during the 90 days before a regular primary
election and the 90 days before a regular general election.
(b) The county clerk may remove the names of voters from the official register during
the 90 days before a regular primary election and the 90 days before a regular general election
if:
(i) the voter requests, in writing, that the voter's name be removed; or
(ii) the voter has died.
(c) (i) After a county clerk mails a notice as required in this section, the county clerk
may list that voter as inactive.
(ii) If a county clerk receives a returned voter identification card, determines that there
was no clerical error causing the card to be returned, and has no further information to contact
the voter, the county clerk may list that voter as inactive.
(iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
privileges of a registered voter.
(iv) A county is not required to send routine mailings to an inactive voter and is not
required to count inactive voters when dividing precincts and preparing supplies.
(5) Beginning on or before January 1, 2022, the lieutenant governor shall make
available to a county clerk United States Social Security Administration data received by the
lieutenant governor regarding deceased individuals.
(6) A county clerk shall, within ten business days after the day on which the county
clerk receives the information described in Subsection (5) or Subsections [
26-2-13
(11) and
(12)
] 
26B-8-114
(11) and (12)
 relating to a decedent whose name appears on the official
register, remove the decedent's name from the official register.
(7) Ninety days before each primary and general election the lieutenant governor shall
compare the information the lieutenant governor has received under Subsection [
26-2-13
(11)
]
26B-8-114
(11)
 with the official register of voters to ensure that all deceased voters have been
removed from the official register.
Section 69. Section 
20A-11-1202
 is amended to read:
20A-11-1202.
Definitions.
As used in this part:
(1) "Applicable election officer" means:
(a) a county clerk, if the email relates only to a local election; or
(b) the lieutenant governor, if the email relates to an election other than a local
election.
(2) "Ballot proposition" means constitutional amendments, initiatives, referenda,
judicial retention questions, opinion questions, bond approvals, or other questions submitted to
the voters for their approval or rejection.
(3) "Campaign contribution" means any of the following when done for a political
purpose or to advocate for or against a ballot proposition:
(a) a gift, subscription, donation, loan, advance, deposit of money, or anything of value
given to a filing entity;
(b) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything
of value to a filing entity;
(c) any transfer of funds from another reporting entity to a filing entity;
(d) compensation paid by any person or reporting entity other than the filing entity for
personal services provided without charge to the filing entity;
(e) remuneration from:
(i) any organization or the organization's directly affiliated organization that has a
registered lobbyist; or
(ii) any agency or subdivision of the state, including a school district; or
(f) an in-kind contribution.
(4) (a) "Commercial interlocal cooperation agency" means an interlocal cooperation
agency that receives its revenues from conduct of its commercial operations.
(b) "Commercial interlocal cooperation agency" does not mean an interlocal
cooperation agency that receives some or all of its revenues from:
(i) government appropriations;
(ii) taxes;
(iii) government fees imposed for regulatory or revenue raising purposes; or
(iv) interest earned on public funds or other returns on investment of public funds.
(5) "Expenditure" means:
(a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value;
(b) an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
value;
(c) a transfer of funds between a public entity and a candidate's personal campaign
committee;
(d) a transfer of funds between a public entity and a political issues committee; or
(e) goods or services provided to or for the benefit of a candidate, a candidate's
personal campaign committee, or a political issues committee for political purposes at less than
fair market value.
(6) "Filing entity" means the same as that term is defined in Section 
20A-11-101
.
(7) "Governmental interlocal cooperation agency" means an interlocal cooperation
agency that receives some or all of its revenues from:
(a) government appropriations;
(b) taxes;
(c) government fees imposed for regulatory or revenue raising purposes; or
(d) interest earned on public funds or other returns on investment of public funds.
(8) "Influence" means to campaign or advocate for or against a ballot proposition.
(9) "Interlocal cooperation agency" means an entity created by interlocal agreement
under the authority of Title 11, Chapter 13, Interlocal Cooperation Act.
(10) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and includes a special service district under Title 17D,
Chapter 1, Special Service District Act.
(11) "Political purposes" means an act done with the intent or in a way to influence or
intend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any:
(a) candidate for public office at any caucus, political convention, primary, or election;
or
(b) judge standing for retention at any election.
(12) "Proposed initiative" means an initiative proposed in an application filed under
Section 
20A-7-202
 or 
20A-7-502
.
(13) "Proposed referendum" means a referendum proposed in an application filed
under Section 
20A-7-302
 or 
20A-7-602
.
(14) (a) "Public entity" includes the state, each state agency, each county, municipality,
school district, local district, governmental interlocal cooperation agency, and each
administrative subunit of each of them.
(b) "Public entity" does not include a commercial interlocal cooperation agency.
(c) "Public entity" includes local health departments created under [
Title 26, Chapter 1,
Department of Health Organization
] 
Title 26A, Local Health Authorities
.
(15) (a) "Public funds" means any money received by a public entity from
appropriations, taxes, fees, interest, or other returns on investment.
(b) "Public funds" does not include money donated to a public entity by a person or
entity.
(16) (a) "Public official" means an elected or appointed member of government with
authority to make or determine public policy.
(b) "Public official" includes the person or group that:
(i) has supervisory authority over the personnel and affairs of a public entity; and
(ii) approves the expenditure of funds for the public entity.
(17) "Reporting entity" means the same as that term is defined in Section 
20A-11-101
.
(18) (a) "State agency" means each department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "State agency" includes the legislative branch, the Utah Board of Higher Education,
each institution of higher education board of trustees, and each higher education institution.
Section 70. Section 
23-19-5.5
 is amended to read:
23-19-5.5.
Issuance of license, permit, or tag prohibited for failure to pay child
support.
(1) As used in this section:
(a) "Child support" means the same as that term is defined in Section [
62A-11-401
]
26B-9-301
.
(b) "Delinquent on a child support obligation" means that:
(i) an individual owes at least $2,500 on an arrearage obligation of child support based
on an administrative or judicial order;
(ii) the individual has not obtained a judicial order staying enforcement of the
individual's obligation on the amount in arrears; and
(iii) the office has obtained a statutory judgment lien pursuant to Section
[
62A-11-312.5
] 
26B-9-214
.
(c) "Office" means the Office of Recovery Services created in Section [
62A-11-102
]
26B-9-103
.
(d) "Wildlife license agent" means a person authorized under Section 
23-19-15
 to sell a
license, permit, or tag in accordance with this chapter.
(2) (a) An individual who is delinquent on a child support obligation may not apply for,
obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
the Wildlife Board under this title, or by an order or proclamation issued in accordance with a
rule made by the Wildlife Board under this title.
(b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
tag in violation of Subsection (2)(a) violates Section 
23-19-5
.
(ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
(iii) An individual who takes protected wildlife with an invalid license, permit, or tag
violates Section 
23-20-3
.
(3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
until the office notifies the division that the individual who is delinquent on a child support
obligation has:
(i) paid the delinquency in full; or
(ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
months with a payment schedule entered into with the office.
(b) A payment schedule under Subsection (3)(a) shall provide that the individual:
(i) pay the current child support obligation in full each month; and
(ii) pays an additional amount as assessed by the office pursuant to Section
[
62A-11-320
] 
26B-9-219
 towards the child support arrears.
(c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
payment schedule described in Subsection (3)(b), the office may notify the division and the
individual is considered to be an individual who is delinquent on a child support obligation and
cannot obtain a new license, permit, or tag without complying with this Subsection (3).
(d) If an individual fails to comply with the payment schedule described in Subsection
(3)(b) for one month of the 12-month period because of a transition to new employment, the
individual may obtain a license, permit, or tag and is considered in compliance with this
Subsection (3) if the individual:
(i) provides the office with information regarding the individual's new employer within
30 days from the day on which the missed payment was due;
(ii) pays the missed payment within 30 days from the day on which the missed payment
was due; and
(iii) complies with the payment schedule for all other payments owed for child support
within the 12-month period.
(4) (a) The division or a wildlife license agent may not knowingly issue a license,
permit, or tag under this title to an individual identified by the office as delinquent on a child
support obligation until notified by the office that the individual has complied with Subsection
(3).
(b) The division is not required to hold or reserve a license, permit, or tag opportunity
withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
individual upon compliance with Subsection (3).
(c) The division may immediately reissue to another qualified person a license, permit,
or tag opportunity withheld from an individual identified by the office as delinquent on a child
support obligation pursuant to Subsection (4)(a).
(5) The office and division shall automate the process for the division or a wildlife
license agent to be notified whether an individual is delinquent on a child support obligation or
has complied with Subsection (3).
(6) The office is responsible to provide any administrative or judicial review required
incident to the division issuing or denying a license, permit, or tag to an individual under
Subsection (4).
(7) The denial or withholding of a license, permit, or tag under this section is not a
suspension or revocation of license and permit privileges for purposes of:
(a) Section 
23-19-9
;
(b) Subsection 
23-20-4
(1); and
(c) Section 
23-25-6
.
(8) This section does not modify a court action to withhold, suspend, or revoke a
recreational license under Sections [
62A-11-107
] 
26B-9-108
 and 
78B-6-315
.
Section 71. Section 
23-19-14
 is amended to read:
23-19-14.
Persons residing in certain institutions authorized to fish without
license.
(1) The Division of Wildlife Resources shall permit a person to fish without a license
if:
(a) (i) the person resides in:
(A) the Utah State Developmental Center in American Fork;
(B) the state hospital;
(C) a veterans hospital;
(D) a veterans nursing home;
(E) a mental health center;
(F) an intermediate care facility for people with an intellectual disability;
(G) a group home licensed by the Department of 
Health and
 Human Services and
operated under contract with the Division of Services for People with Disabilities;
(H) a group home or other community-based placement licensed by the Department of
Health and
 Human Services and operated under contract with the Division of Juvenile Justice
and Youth
 Services;
(I) a private residential facility for at-risk youth licensed by the Department of 
Health
and
 Human Services; or
(J) another similar institution approved by the division; or
(ii) the person is a youth who participates in a work camp operated by the Division of
Juvenile Justice 
and Youth
 Services;
(b) the person is properly supervised by a representative of the institution; and
(c) the institution obtains from the division a certificate of registration that specifies:
(i) the date and place where the person will fish; and
(ii) the name of the institution's representative who will supervise the person fishing.
(2) The institution shall apply for the certificate of registration at least 10 days before
the fishing outing.
(3) (a) An institution that receives a certificate of registration authorizing at-risk youth
to fish shall provide instruction to the youth on fishing laws and regulations.
(b) The division shall provide educational materials to the institution to assist it in
complying with Subsection (3)(a).
Section 72. Section 
26-8a-102
 is amended to read:
26-8a-102.
Reserved for coordination.
Reserved
[
As used in this chapter:
]
[
(1) (a) "911 ambulance or paramedic services" means:
]
[
(i) either:
]
[
(A) 911 ambulance service;
]
[
(B) 911 paramedic service; or
]
[
(C) both 911 ambulance and paramedic service; and
]
[
(ii) a response to a 911 call received by a designated dispatch center that receives 911
or E911 calls.
]
[
(b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
telephone call received directly by an ambulance provider licensed under this chapter.
]
[
(2) "Ambulance" means a ground, air, or water vehicle that:
]
[
(a) transports patients and is used to provide emergency medical services; and
]
[
(b) is required to obtain a permit under Section 
26-8a-304
 to operate in the state.
]
[
(3) "Ambulance provider" means an emergency medical service provider that:
]
[
(a) transports and provides emergency medical care to patients; and
]
[
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
]
[
(4) (a) "Behavioral emergency services" means delivering a behavioral health
intervention to a patient in an emergency context within a scope and in accordance with
guidelines established by the department.
]
[
(b) "Behavioral emergency services" does not include engaging in the:
]
[
(i) practice of mental health therapy as defined in Section 
58-60-102
;
]
[
(ii) practice of psychology as defined in Section 
58-61-102
;
]
[
(iii) practice of clinical social work as defined in Section 
58-60-202
;
]
[
(iv) practice of certified social work as defined in Section 
58-60-202
;
]
[
(v) practice of marriage and family therapy as defined in Section 
58-60-302
;
]
[
(vi) practice of clinical mental health counseling as defined in Section 
58-60-402
; or
]
[
(vii) practice as a substance use disorder counselor as defined in Section 
58-60-502
.
]
[
(5) "Committee" means the State Emergency Medical Services Committee created by
Section 
26B-1-204
.
]
[
(6) "Community paramedicine" means medical care:
]
[
(a) provided by emergency medical service personnel; and
]
[
(b) provided to a patient who is not:
]
[
(i) in need of ambulance transportation; or
]
[
(ii) located in a health care facility as defined in Section 
26-21-2
.
]
[
(7) "Direct medical observation" means in-person observation of a patient by a
physician, registered nurse, physician's assistant, or individual licensed under Section
26-8a-302
.
]
[
(8) "Emergency medical condition" means:
]
[
(a) a medical condition that manifests itself by symptoms of sufficient severity,
including severe pain, that a prudent layperson, who possesses an average knowledge of health
and medicine, could reasonably expect the absence of immediate medical attention to result in:
]
[
(i) placing the individual's health in serious jeopardy;
]
[
(ii) serious impairment to bodily functions; or
]
[
(iii) serious dysfunction of any bodily organ or part; or
]
[
(b) a medical condition that in the opinion of a physician or the physician's designee
requires direct medical observation during transport or may require the intervention of an
individual licensed under Section 
26-8a-302
 during transport.
]
[
(9) (a) "Emergency medical service personnel" means an individual who provides
emergency medical services or behavioral emergency services to a patient and is required to be
licensed or certified under Section 
26-8a-302
.
]
[
(b) "Emergency medical service personnel" includes a paramedic, medical director of
a licensed emergency medical service provider, emergency medical service instructor,
behavioral emergency services technician, other categories established by the committee, and a
certified emergency medical dispatcher.
]
[
(10) "Emergency medical service providers" means:
]
[
(a) licensed ambulance providers and paramedic providers;
]
[
(b) a facility or provider that is required to be designated under Subsection
26-8a-303
(1)(a); and
]
[
(c) emergency medical service personnel.
]
[
(11) "Emergency medical services" means:
]
[
(a) medical services;
]
[
(b) transportation services;
]
[
(c) behavioral emergency services; or
]
[
(d) any combination of the services described in Subsections (11)(a) through (c).
]
[
(12) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
]
[
(a) maintained and used for the transportation of emergency medical personnel,
equipment, and supplies to the scene of a medical emergency; and
]
[
(b) required to be permitted under Section 
26-8a-304
.
]
[
(13) "Governing body":
]
[
(a) means the same as that term is defined in Section 
11-42-102
; and
]
[
(b) for purposes of a "special service district" under Section 
11-42-102
, means a
special service district that has been delegated the authority to select a provider under this
chapter by the special service district's legislative body or administrative control board.
]
[
(14) "Interested party" means:
]
[
(a) a licensed or designated emergency medical services provider that provides
emergency medical services within or in an area that abuts an exclusive geographic service area
that is the subject of an application submitted pursuant to Part 4, Ambulance and Paramedic
Providers;
]
[
(b) any municipality, county, or fire district that lies within or abuts a geographic
service area that is the subject of an application submitted pursuant to Part 4, Ambulance and
Paramedic Providers; or
]
[
(c) the department when acting in the interest of the public.
]
[
(15) "Level of service" means the level at which an ambulance provider type of
service is licensed as:
]
[
(a) emergency medical technician;
]
[
(b) advanced emergency medical technician; or
]
[
(c) paramedic.
]
[
(16) "Medical control" means a person who provides medical supervision to an
emergency medical service provider.
]
[
(17) "Non-911 service" means transport of a patient that is not 911 transport under
Subsection (1).
]
[
(18) "Nonemergency secured behavioral health transport" means an entity that:
]
[
(a) provides nonemergency secure transportation services for an individual who:
]
[
(i) is not required to be transported by an ambulance under Section 
26-8a-305
; and
]
[
(ii) requires behavioral health observation during transport between any of the
following facilities:
]
[
(A) a licensed acute care hospital;
]
[
(B) an emergency patient receiving facility;
]
[
(C) a licensed mental health facility; and
]
[
(D) the office of a licensed health care provider; and
]
[
(b) is required to be designated under Section 
26-8a-303
.
]
[
(19) "Paramedic provider" means an entity that:
]
[
(a) employs emergency medical service personnel; and
]
[
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
]
[
(20) "Patient" means an individual who, as the result of illness, injury, or a behavioral
emergency condition, meets any of the criteria in Section 
26-8a-305
.
]
[
(21) "Political subdivision" means:
]
[
(a) a city, town, or metro township;
]
[
(b) a county;
]
[
(c) a special service district created under Title 17D, Chapter 1, Special Service
District Act, for the purpose of providing fire protection services under Subsection
17D-1-201
(9);
]
[
(d) a local district created under Title 17B, Limited Purpose Local Government
Entities - Local Districts, for the purpose of providing fire protection, paramedic, and
emergency services;
]
[
(e) areas coming together as described in Subsection 
26-8a-405.2
(2)(b)(ii); or
]
[
(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
]
[
(22) "Trauma" means an injury requiring immediate medical or surgical intervention.
]
[
(23) "Trauma system" means a single, statewide system that:
]
[
(a) organizes and coordinates the delivery of trauma care within defined geographic
areas from the time of injury through transport and rehabilitative care; and
]
[
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
delivering care for trauma patients, regardless of severity.
]
[
(24) "Triage" means the sorting of patients in terms of disposition, destination, or
priority. For prehospital trauma victims, triage requires a determination of injury severity to
assess the appropriate level of care according to established patient care protocols.
]
[
(25) "Triage, treatment, transportation, and transfer guidelines" means written
procedures that:
]
[
(a) direct the care of patients; and
]
[
(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
center, or an emergency medical service provider.
]
[
(26) "Type of service" means the category at which an ambulance provider is licensed
as:
]
[
(a) ground ambulance transport;
]
[
(b) ground ambulance interfacility transport; or
]
[
(c) both ground ambulance transport and ground ambulance interfacility transport.
]
Section 73. Section 
26-8a-104
 is amended to read:
26-8a-104.
Reserved for coordination.
Reserved
[
The committee shall adopt rules , with the concurrence of the department, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
]
[
(1) establish licensure, certification, and reciprocity requirements under Section
26-8a-302
;
]
[
(2) establish designation requirements under Section 
26-8a-303
;
]
[
(3) promote the development of a statewide emergency medical services system under
Section 
26-8a-203
;
]
[
(4) establish insurance requirements for ambulance providers;
]
[
(5) provide guidelines for requiring patient data under Section 
26-8a-203
;
]
[
(6) establish criteria for awarding grants under Section 
26-8a-207
;
]
[
(7) establish requirements for the coordination of emergency medical services and the
medical supervision of emergency medical service providers under Section 
26-8a-306
;
]
[
(8) select appropriate vendors to establish certification requirements for emergency
medical dispatchers;
]
[
(9) establish the minimum level of service for 911 ambulance services provided under
Section 
11-48-103
; and
]
[
(10) are necessary to carry out the responsibilities of the committee as specified in
other sections of this chapter.
]
Section 74. Section 
26-8a-204
 is amended to read:
26-8a-204.
Reserved for coordination.
Reserved
[
The department shall develop and implement, in cooperation with state, federal, and
local agencies empowered to oversee disaster response activities, plans to provide emergency
medical services during times of disaster or emergency.
]
Section 75. Section 
26-8a-205
 is amended to read:
26-8a-205.
Reserved for coordination.
Reserved
[
The department shall establish a pediatric quality improvement resource program.
]
Section 76. Section 
26-8a-206
 is amended to read:
26-8a-206.
Reserved for coordination.
Reserved
[
(1) The department shall develop and implement a statewide program to provide
support and counseling for personnel who have been exposed to one or more stressful incidents
in the course of providing emergency services.
]
[
(2) This program shall include:
]
[
(a) ongoing training for agencies providing emergency services and counseling
program volunteers;
]
[
(b) critical incident stress debriefing for personnel at no cost to the emergency
provider; and
]
[
(c) advising the department on training requirements for licensure as a behavioral
emergency services technician.
]
Section 77. Section 
26A-1-102
 is amended to read:
26A-1-102.
Definitions.
As used in this part:
(1) "Board" means a local board of health established under Section 
26A-1-109
.
(2) "County governing body" means one of the types of county government provided
for in Title 17, Chapter 52a, Part 2, Forms of County Government.
(3) "County health department" means a local health department that serves a county
and municipalities located within that county.
(4) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
(5) "Local health department" means:
(a) a single county local health department;
(b) a multicounty local health department;
(c) a united local health department; or
(d) a multicounty united local health department.
(6) "Mental health authority" means a local mental health authority created in Section
17-43-301
.
(7) "Multicounty local health department" means a local health department that is
formed under Section 
26A-1-105
 and that serves two or more contiguous counties and
municipalities within those counties.
(8) "Multicounty united local health department" means a united local health
department that is formed under Section 
26A-1-105.5
 and that serves two or more contiguous
counties and municipalities within those counties.
(9) (a) "Order of constraint" means an order, rule, or regulation issued by a local health
department in response to a declared public health emergency under this chapter that:
(i) applies to all or substantially all:
(A) individuals or a certain group of individuals; or
(B) public places or certain types of public places; and
(ii) for the protection of the public health and in response to the declared public health
emergency:
(A) establishes, maintains, or enforces isolation or quarantine;
(B) establishes, maintains, or enforces a stay-at-home order;
(C) exercises physical control over property or individuals;
(D) requires an individual to perform a certain action or engage in a certain behavior;
or
(E) closes theaters, schools, or other public places or prohibits gatherings of people to
protect the public health.
(b) "Order of constraint" includes a stay-at-home order.
(10) "Public health emergency" means the same as that term is defined in Section
[
26-23b-102
] 
26B-7-301
.
(11) "Single county local health department" means a local health department that is
created by the governing body of one county to provide services to the county and the
municipalities within that county.
(12) "Stay-at-home order" means an order of constraint that:
(a) restricts movement of the general population to suppress or mitigate an epidemic or
pandemic disease by directing individuals within a defined geographic area to remain in their
respective residences; and
(b) may include exceptions for certain essential tasks.
(13) "Substance abuse authority" means a local substance abuse authority created in
Section 
17-43-201
.
(14) "United local health department":
(a) means a substance abuse authority, a mental health authority, and a local health
department that join together under Section 
26A-1-105.5
; and
(b) includes a multicounty united local health department.
Section 78. Section 
26A-1-114
 is amended to read:
26A-1-114.
Powers and duties of departments.
(1) Subject to Subsections (7), (8), and (11), a local health department may:
(a) subject to the provisions in Section 
26A-1-108
, enforce state laws, local ordinances,
department rules, and local health department standards and regulations relating to public
health and sanitation, including the plumbing code administered by the Division of
Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction Code
Administration Act, and under [
Title 26, Chapter 15a, Food Safety Manager Certification Act
]
Title 26B, Chapter 7, Part 5, General Sanitation and Food Safety
, in all incorporated and
unincorporated areas served by the local health department;
(b) establish, maintain, and enforce isolation and quarantine, and exercise physical
control over property and over individuals as the local health department finds necessary for
the protection of the public health;
(c) establish and maintain medical, environmental, occupational, and other laboratory
services considered necessary or proper for the protection of the public health;
(d) establish and operate reasonable health programs or measures not in conflict with
state law which:
(i) are necessary or desirable for the promotion or protection of the public health and
the control of disease; or
(ii) may be necessary to ameliorate the major risk factors associated with the major
causes of injury, sickness, death, and disability in the state;
(e) close theaters, schools, and other public places and prohibit gatherings of people
when necessary to protect the public health;
(f) abate nuisances or eliminate sources of filth and infectious and communicable
diseases affecting the public health and bill the owner or other person in charge of the premises
upon which this nuisance occurs for the cost of abatement;
(g) make necessary sanitary and health investigations and inspections on the local
health department's own initiative or in cooperation with the Department of Health 
and Human
Services
 or Environmental Quality, or both, as to any matters affecting the public health;
(h) pursuant to county ordinance or interlocal agreement:
(i) establish and collect appropriate fees for the performance of services and operation
of authorized or required programs and duties;
(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
property, services, or materials for public health purposes; and
(iii) make agreements not in conflict with state law which are conditional to receiving a
donation or grant;
(i) prepare, publish, and disseminate information necessary to inform and advise the
public concerning:
(i) the health and wellness of the population, specific hazards, and risk factors that may
adversely affect the health and wellness of the population; and
(ii) specific activities individuals and institutions can engage in to promote and protect
the health and wellness of the population;
(j) investigate the causes of morbidity and mortality;
(k) issue notices and orders necessary to carry out this part;
(l) conduct studies to identify injury problems, establish injury control systems,
develop standards for the correction and prevention of future occurrences, and provide public
information and instruction to special high risk groups;
(m) cooperate with boards created under Section 
19-1-106
 to enforce laws and rules
within the jurisdiction of the boards;
(n) cooperate with the state health department, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice 
and Youth
 Services, and
the Crime Victim Reparations Board to conduct testing for HIV infection of alleged sexual
offenders, convicted sexual offenders, and any victims of a sexual offense;
(o) investigate suspected bioterrorism and disease pursuant to Section [
26-23b-108
]
26B-7-321
; and
(p) provide public health assistance in response to a national, state, or local emergency,
a public health emergency as defined in Section [
26-23b-102
] 
26B-7-301
, or a declaration by
the President of the United States or other federal official requesting public health-related
activities.
(2) The local health department shall:
(a) establish programs or measures to promote and protect the health and general
wellness of the people within the boundaries of the local health department;
(b) investigate infectious and other diseases of public health importance and implement
measures to control the causes of epidemic and communicable diseases and other conditions
significantly affecting the public health which may include involuntary testing of alleged sexual
offenders for the HIV infection pursuant to Section 
53-10-802
 and voluntary testing of victims
of sexual offenses for HIV infection pursuant to Section 
53-10-803
;
(c) cooperate with the department in matters pertaining to the public health and in the
administration of state health laws; and
(d) coordinate implementation of environmental programs to maximize efficient use of
resources by developing with the Department of Environmental Quality a Comprehensive
Environmental Service Delivery Plan which:
(i) recognizes that the Department of Environmental Quality and local health
departments are the foundation for providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually.
(3) The local health department has the following duties regarding public and private
schools within the local health department's boundaries:
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
persons attending public and private schools;
(b) exclude from school attendance any person, including teachers, who is suffering
from any communicable or infectious disease, whether acute or chronic, if the person is likely
to convey the disease to those in attendance; and
(c) (i) make regular inspections of the health-related condition of all school buildings
and premises;
(ii) report the inspections on forms furnished by the department to those responsible for
the condition and provide instructions for correction of any conditions that impair or endanger
the health or life of those attending the schools; and
(iii) provide a copy of the report to the department at the time the report is made.
(4) If those responsible for the health-related condition of the school buildings and
premises do not carry out any instructions for corrections provided in a report in Subsection
(3)(c), the local health board shall cause the conditions to be corrected at the expense of the
persons responsible.
(5) The local health department may exercise incidental authority as necessary to carry
out the provisions and purposes of this part.
(6) Nothing in this part may be construed to authorize a local health department to
enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
monoxide detector in a residential dwelling against anyone other than the occupant of the
dwelling.
(7) (a) Except as provided in Subsection (7)(c), a local health department may not
declare a public health emergency or issue an order of constraint until the local health
department has provided notice of the proposed action to the chief executive officer of the
relevant county no later than 24 hours before the local health department issues the order or
declaration.
(b) The local health department:
(i) shall provide the notice required by Subsection (7)(a) using the best available
method under the circumstances as determined by the local health department;
(ii) may provide the notice required by Subsection (7)(a) in electronic format; and
(iii) shall provide the notice in written form, if practicable.
(c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
public health emergency or issue an order of constraint without approval of the chief executive
officer of the relevant county if the passage of time necessary to obtain approval of the chief
executive officer of the relevant county as required in Subsection (7)(a) would substantially
increase the likelihood of loss of life due to an imminent threat.
(ii) If a local health department declares a public health emergency or issues an order
of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
chief executive officer of the relevant county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate a declaration of a
public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
within 72 hours of declaration of the public health emergency or issuance of the order of
constraint.
(d) (i) The relevant county governing body may at any time terminate a public health
emergency or an order of constraint issued by the local health department by majority vote of
the county governing body in response to a declared public health emergency.
(ii) A vote by the relevant county governing body to terminate a public health
emergency or an order of constraint as described in Subsection (7)(d)(i) is not subject to veto
by the relevant chief executive officer.
(8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
a local health department expires at the earliest of:
(i) the local health department or the chief executive officer of the relevant county
finding that the threat or danger has passed or the public health emergency reduced to the
extent that emergency conditions no longer exist;
(ii) 30 days after the date on which the local health department declared the public
health emergency; or
(iii) the day on which the public health emergency is terminated by majority vote of the
county governing body.
(b) (i) The relevant county legislative body, by majority vote, may extend a public
health emergency for a time period designated by the county legislative body.
(ii) If the county legislative body extends a public health emergency as described in
Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
legislative body.
(c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
local health department expires as described in Subsection (8)(a), the local health department
may not declare a public health emergency for the same illness or occurrence that precipitated
the previous public health emergency declaration.
(d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
health department finds that exigent circumstances exist, after providing notice to the county
legislative body, the department may declare a new public health emergency for the same
illness or occurrence that precipitated a previous public health emergency declaration.
(ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
accordance with Subsection (8)(a) or (b).
(e) For a public health emergency declared by a local health department under this
chapter or under [
Title 26, Chapter 23b, Detection of Public Health Emergencies Act
] 
Title
26B, Chapter 7, Part 4, Treatment, Isolation, and Quarantine Procedures for Communicable
Diseases
, the Legislature may terminate by joint resolution a public health emergency that was
declared based on exigent circumstances or that has been in effect for more than 30 days.
(f) If the Legislature or county legislative body terminates a public health emergency
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
department may not declare a new public health emergency for the same illness, occurrence, or
exigent circumstances.
(9) (a) During a public health emergency declared under this chapter or under [
Title 26,
Chapter 23b, Detection of Public Health Emergencies Act
] 
Title 26B, Chapter 7, Part 4,
Treatment, Isolation, and Quarantine Procedures for Communicable Diseases
:
(i) except as provided in Subsection (9)(b), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(ii) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(iii) a county governing body may at any time terminate by majority vote of the
governing body an order of constraint issued by a local health department in response to a
declared public health emergency.
(b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(9)(b), the local health department shall notify the chief executive officer of the relevant county
before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
constraint.
(c) (i) For a local health department that serves more than one county, the approval
described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
of constraint is applicable.
(ii) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
county served by the county governing body.
(10) (a) During a public health emergency declared as described in this title:
(i) the department or a local health department may not impose an order of constraint
on a religious gathering that is more restrictive than an order of constraint that applies to any
other relevantly similar gathering; and
(ii) an individual, while acting or purporting to act within the course and scope of the
individual's official department or local health department capacity, may not:
(A) prevent a religious gathering that is held in a manner consistent with any order of
constraint issued pursuant to this title; or
(B) impose a penalty for a previous religious gathering that was held in a manner
consistent with any order of constraint issued pursuant to this title.
(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (10).
(c) During a public health emergency declared as described in this title, the department
or a local health department shall not issue a public health order or impose or implement a
regulation that substantially burdens an individual's exercise of religion unless the department
or local health department demonstrates that the application of the burden to the individual:
(i) is in furtherance of a compelling government interest; and
(ii) is the least restrictive means of furthering that compelling government interest.
(d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
(11) An order of constraint issued by a local health department pursuant to a declared
public health emergency does not apply to a facility, property, or area owned or leased by the
state, including the capitol hill complex, as that term is defined in Section 
63C-9-102
.
Section 79. Section 
26A-1-116
 is amended to read:
26A-1-116.
Allocation of state funds to local health departments -- Formula.
(1) (a) The [
Departments of Health and
] 
Department of Health and Human Services
and the Department of
 Environmental Quality shall each establish by rule a formula for
allocating state funds by contract to local health departments.
(b) This formula shall provide for allocation of funds based on need.
(c) Determination of need shall be based on population unless the department making
the rule establishes by valid and accepted data that other defined factors are relevant and
reliable indicators of need.
(d) The formula shall include a differential to compensate for additional costs of
providing services in rural areas.
(2) (a) The formulas established under Subsection (1) shall be in effect on or before
July 1, 1991.
(b) The formulas apply to all state funds appropriated by the Legislature to the
[
Departments of Health and
] 
Department of Health and Human Services and the Department of
Environmental Quality for local health departments.
(c) The formulas do not apply to funds a local health department receives from:
(i) sources other than the [
Departments of Health and
] 
Department of Health and
Human Services and the Department of
 Environmental Quality; and
(ii) the [
Departments of Health and
] 
Department of Health and Human Services and
the Department of
 Environmental Quality:
(A) to operate a specific program within the local health department's boundaries
which program is available to all residents of the state;
(B) to meet a need that exists only within the local health department's boundaries; and
(C) to engage in research projects.
Section 80. Section 
26A-1-121
 is amended to read:
26A-1-121.
Standards and regulations adopted by local board -- Local standards
not more stringent than federal or state standards -- Administrative and judicial review
of actions.
(1) (a) Subject to Subsection (1)(g), the board may make standards and regulations:
(i) not in conflict with rules of the department or the Department of Environmental
Quality; and
(ii) necessary for the promotion of public health, environmental health quality, injury
control, and the prevention of outbreaks and spread of communicable and infectious diseases.
(b) The standards and regulations under Subsection (1)(a):
(i) supersede existing local standards, regulations, and ordinances pertaining to similar
subject matter;
(ii) except where specifically allowed by federal law or state statute, may not be more
stringent than those established by federal law, state statute, or administrative rules adopted by
the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
and
(iii) notwithstanding Subsection (1)(b)(ii), may be more stringent than those
established by federal law, state statute, or administrative rule adopted by the department if the
standard or regulation is:
(A) in effect on February 1, 2022; and
(B) not modified or amended after February 1, 2022.
(c) The board shall provide public hearings prior to the adoption of any regulation or
standard.
(d) Notice of any public hearing shall be published at least twice throughout the county
or counties served by the local health department. The publication may be in one or more
newspapers, if the notice is provided in accordance with this Subsection (1)(d).
(e) The hearings may be conducted by the board at a regular or special meeting, or the
board may appoint hearing officers who may conduct hearings in the name of the board at a
designated time and place.
(f) A record or summary of the proceedings of a hearing shall be taken and filed with
the board.
(g) (i) During a declared public health emergency declared under this chapter or under
[
Title 26, Chapter 23b, Detection of Public Health Emergencies Act
] 
Title 26B, Chapter 7, Part
4, Treatment, Isolation, and Quarantine Procedures for Communicable Diseases
:
(A) except as provided in Subsection (1)(h), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(B) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(C) a county governing body may at any time terminate, by majority vote of the
governing body, an order of constraint issued by a local health department in response to a
declared public health emergency.
(ii) (A) For a local health department that serves more than one county, the approval
described in Subsection (1)(g)(i)(A) is required for the chief executive officer for which the
order of constraint is applicable.
(B) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (1)(g)(i)(C) for the
county served by the county governing body.
(h) (i) Notwithstanding Subsection (1)(g)(i)(A), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (1)(g)(i)(A) would substantially increase the likelihood of loss
of life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(1)(h)(i), the local health department shall notify the chief executive officer of the relevant
county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (1)(h)(i) within 72 hours of issuance of the order
of constraint.
(i) (i) During a public health emergency declared as described in this title:
(A) a local health department may not impose an order of constraint on a public
gathering that applies to a religious gathering differently than the order of constraint applies to
any other relevantly similar gathering; and
(B) an individual, while acting or purporting to act within the course and scope of the
individual's official local health department capacity, may not prevent a religious gathering that
is held in a manner consistent with any order of constraint issued pursuant to this title, or
impose a penalty for a previous religious gathering that was held in a manner consistent with
any order of constraint issued pursuant to this title.
(ii) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (1)(i).
(iii) During a public health emergency declared as described in this title, the
department or a local health department shall not issue a public health order or impose or
implement a regulation that substantially burdens an individual's exercise of religion unless the
department or local health department demonstrates that the application of the burden to the
individual:
(A) is in furtherance of a compelling government interest; and
(B) is the least restrictive means of furthering that compelling government interest.
(iv) Notwithstanding Subsections (1)(i)(i) and (ii), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
(j) If a local health department declares a public health emergency as described in this
chapter, and the local health department finds that the public health emergency conditions
warrant an extension of the public health emergency beyond the 30-day term or another date
designated by the local legislative body, the local health department shall provide written
notice to the local legislative body at least 10 days before the expiration of the public health
emergency.
(2) (a) A person aggrieved by an action or inaction of the local health department
relating to the public health shall have an opportunity for a hearing with the local health officer
or a designated representative of the local health department. The board shall grant a
subsequent hearing to the person upon the person's written request.
(b) In an adjudicative hearing, a member of the board or the hearing officer may
administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
of the board requiring the testimony of witnesses and the production of evidence relevant to a
matter in the hearing. The local health department shall make a written record of the hearing,
including findings of facts and conclusions of law.
(c) Judicial review of a final determination of the local board may be secured by a
person adversely affected by the final determination, or by the department or the Department of
Environmental Quality, by filing a petition in the district court within 30 days after receipt of
notice of the board's final determination.
(d) The petition shall be served upon the secretary of the board and shall state the
grounds upon which review is sought.
(e) The board's answer shall certify and file with the court all documents and papers
and a transcript of all testimony taken in the matter together with the board's findings of fact,
conclusions of law, and order.
(f) The appellant and the board are parties to the appeal.
(g) The department and the Department of Environmental Quality may become a party
by intervention as in a civil action upon showing cause.
(h) A further appeal may be taken to the Court of Appeals under Section 
78A-4-103
.
(3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a
local health department board to make standards and regulations in accordance with Subsection
(1)(a) for:
(a) emergency rules made in accordance with Section 
63G-3-304
; or
(b) items not regulated under federal law, state statute, or state administrative rule.
Section 81. Section 
26A-1-126
 is amended to read:
26A-1-126.
Medical reserve corps.
(1) In addition to the duties listed in Section 
26A-1-114
, a local health department may
establish a medical reserve corps in accordance with this section.
(2) The purpose of a medical reserve corps is to enable a local health authority to
respond with appropriate health care professionals to a national, state, or local emergency, a
public health emergency as defined in Section [
26-23b-102
] 
26B-7-301
, or a declaration by the
president of the United States or other federal official requesting public health related
activities.
(3) (a) A local health department may train health care professionals who participate in
a medical reserve corps to respond to an emergency or declaration for public health related
activities pursuant to Subsection (2).
(b) When an emergency or request for public health related activities has been declared
in accordance with Subsection (2), a local health department may activate a medical reserve
corps for the duration of the emergency or declaration for public health related activities.
(4) For purposes of this section, a medical reserve corps may include persons who:
(a) are licensed under Title 58, Occupations and Professions, and who are operating
within the scope of their practice;
(b) are exempt from licensure, or operating under modified scope of practice
provisions in accordance with Subsections 
58-1-307
(4) and (5); and
(c) within the 10 years preceding the declared emergency, held a valid license, in good
standing in Utah, for one of the occupations described in Subsection 
58-13-2
(1), but the license
is not currently active.
(5) (a) Notwithstanding the provisions of Subsections 
58-1-307
(4)(a) and (5)(b) the
local health department may authorize a person described in Subsection (4) to operate in a
modified scope of practice as necessary to respond to the declaration under Subsection (2).
(b) A person operating as a member of an activated medical reserve corps or training as
a member of a medical reserve corps under this section:
(i) shall be volunteering for and supervised by the local health department;
(ii) shall comply with the provisions of this section;
(iii) is exempt from the licensing laws of Title 58, Occupations and Professions; and
(iv) shall carry a certificate issued by the local health department which designates the
individual as a member of the medical reserve corps during the duration of the emergency or
declaration for public health related activities pursuant to Subsection (2).
(6) The local department of health may access the Division of Professional Licensing
database for the purpose of determining if a person's current or expired license to practice in
the state was in good standing.
(7) The local department of health shall maintain a registry of persons who are
members of a medical reserve corps. The registry of the medical reserve corps shall be made
available to the public and to the Division of Professional Licensing.
Section 82. Section 
26A-1-128
 is amended to read:
26A-1-128.
Tobacco, electronic cigarette, and nicotine product permits --
Enforcement.
A local health department:
(1) shall enforce the requirements of [
Title 26, Chapter 62, Tobacco, Electronic
Cigarette, and Nicotine Product Retail Permit
] 
Title 26B, Chapter 7, Part 5, Regulation of
Smoking, Tobacco Products, and Nicotine Products
;
(2) may enforce licensing requirements for entities that hold a business license to sell a
tobacco product, an electronic cigarette product, or a nicotine product under Section 
10-8-41.6
or Section 
17-50-333
; and
(3) may recommend to a municipality or county that the business license of a retail
tobacco specialty business be suspended or revoked for a violation of Section 
10-8-41.6
,
Section 
17-50-333
, or [
Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine
Product Retail Permit
] 
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products,
and Nicotine Products
.
Section 83. Section 
30-1-12
 is amended to read:
30-1-12.
Clerk to file license and certificate -- Designation as vital record.
(1) (a) The license, together with the certificate of the individual officiating at the
marriage, shall be filed and preserved by the clerk, and shall be recorded by the clerk in a book
kept for that purpose, or by electronic means.
(b) The record shall be properly indexed in the names of the parties so married.
(2) An individual may use a diacritical mark, as defined in Section [
26-2-4
] 
26B-8-103
,
on a marriage license.
(3) A transcript shall be promptly certified and transmitted by the clerk to the state
registrar of vital statistics.
(4) The license and the certificate of the individual officiating at the marriage are vital
records as defined in Section [
26-2-2
] 
26B-8-101
 and are subject to the inspection
requirements described in Section [
26-2-22
] 
26B-8-125
.
Section 84. Section 
30-2-5
 is amended to read:
30-2-5.
Separate debts.
(1) Neither spouse is personally liable for the separate debts, obligations, or liabilities
of the other:
(a) contracted or incurred before marriage;
(b) contracted or incurred during marriage, except family expenses as provided in
Section 
30-2-9
;
(c) contracted or incurred after divorce or an order for separate maintenance under this
title, except the spouse is personally liable for that portion of the expenses incurred on behalf
of a minor child for reasonable and necessary medical and dental expenses, and other similar
necessities as provided in a court order under Section 
30-3-5
, 
30-4-3
, or 
78B-12-212
, or an
administrative order under Section [
62A-11-326
] 
26B-9-224
; or
(d) ordered by the court to be paid by the other spouse under Section 
30-3-5
 or 
30-4-3
and not in conflict with Section 
15-4-6.5
 or 
15-4-6.7
.
(2) The wages, earnings, property, rents, or other income of one spouse may not be
reached by a creditor of the other spouse to satisfy a debt, obligation, or liability of the other
spouse, as described under Subsection (1).
Section 85. Section 
30-3-5
 is amended to read:
30-3-5.
Disposition of property -- Maintenance and health care of parties and
children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
parent-time -- Alimony -- Nonmeritorious petition for modification.
(1) As used in this section:
(a) "Cohabit" means to live together, or to reside together on a regular basis, in the
same residence and in a relationship of a romantic or sexual nature.
(b) "Fault" means any of the following wrongful conduct during the marriage that
substantially contributed to the breakup of the marriage:
(i) engaging in sexual relations with an individual other than the party's spouse;
(ii) knowingly and intentionally causing or attempting to cause physical harm to the
other party or a child;
(iii) knowingly and intentionally causing the other party or a child to reasonably fear
life-threatening harm; or
(iv) substantially undermining the financial stability of the other party or the child.
(c) "Length of the marriage" means, for purposes of alimony, the number of years from
the day on which the parties are legally married to the day on which the petition for divorce is
filed with the court.
(2) When a decree of divorce is rendered, the court may include in the decree of
divorce equitable orders relating to the children, property, debts or obligations, and parties.
(3) The court shall include the following in every decree of divorce:
(a) an order assigning responsibility for the payment of reasonable and necessary
medical and dental expenses of a dependent child, including responsibility for health insurance
out-of-pocket expenses such as co-payments, co-insurance, and deductibles;
(b) (i) if coverage is or becomes available at a reasonable cost, an order requiring the
purchase and maintenance of appropriate health, hospital, and dental care insurance for a
dependent child; and
(ii) a designation of which health, hospital, or dental insurance plan is primary and
which health, hospital, or dental insurance plan is secondary in accordance with Section
30-3-5.4
 that will take effect if at any time a dependent child is covered by both parents' health,
hospital, or dental insurance plans;
(c) in accordance with Section 
15-4-6.5
:
(i) an order specifying which party is responsible for the payment of joint debts,
obligations, or liabilities of the parties contracted or incurred during marriage;
(ii) an order requiring the parties to notify respective creditors or obligees, regarding
the court's division of debts, obligations, or liabilities and regarding the parties' separate,
current addresses; and
(iii) provisions for the enforcement of these orders;
(d) provisions for income withholding in accordance with [
Title 62A, Chapter 11,
Recovery Services
] 
Title 26B, Chapter 9, Recovery Services and Administration of Child
Support
; and
(e) if either party owns a life insurance policy or an annuity contract, an
acknowledgment by the court that the owner:
(i) has reviewed and updated, where appropriate, the list of beneficiaries;
(ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
after the divorce becomes final; and
(iii) understands that if no changes are made to the policy or contract, the beneficiaries
currently listed will receive any funds paid by the insurance company under the terms of the
policy or contract.
(4) (a) The court may include, in an order determining child support, an order assigning
financial responsibility for all or a portion of child care expenses incurred on behalf of a
dependent child, necessitated by the employment or training of the custodial parent.
(b) If the court determines that the circumstances are appropriate and that the
dependent child would be adequately cared for, the court may include an order allowing the
noncustodial parent to provide child care for the dependent child, necessitated by the
employment or training of the custodial parent.
(5) The court has continuing jurisdiction to make subsequent changes or new orders for
the custody of a child and the child's support, maintenance, health, and dental care, and for
distribution of the property and obligations for debts as is reasonable and necessary.
(6) Child support, custody, visitation, and other matters related to a child born to the
parents after entry of the decree of divorce may be added to the decree by modification.
(7) (a) In determining parent-time rights of parents and visitation rights of grandparents
and other members of the immediate family, the court shall consider the best interest of the
child.
(b) Upon a specific finding by the court of the need for peace officer enforcement, the
court may include in an order establishing a parent-time or visitation schedule a provision,
among other things, authorizing any peace officer to enforce a court-ordered parent-time or
visitation schedule entered under this chapter.
(8) If a petition for modification of child custody or parent-time provisions of a court
order is made and denied, the court shall order the petitioner to pay the reasonable attorney fees
expended by the prevailing party in that action, if the court determines that the petition was
without merit and not asserted or defended against in good faith.
(9) If a motion or petition alleges noncompliance with a parent-time order by a parent,
or a visitation order by a grandparent or other member of the immediate family where a
visitation or parent-time right has been previously granted by the court, the court may award to
the prevailing party:
(a) actual attorney fees incurred;
(b) the costs incurred by the prevailing party because of the other party's failure to
provide or exercise court-ordered visitation or parent-time, which may include:
(i) court costs;
(ii) child care expenses;
(iii) transportation expenses actually incurred;
(iv) lost wages, if ascertainable; and
(v) counseling for a child or parent if ordered or approved by the court;
(c) make-up parent time consistent with the best interest of the child; and
(d) any other appropriate equitable remedy.
(10) (a) The court shall consider at least the following factors in determining alimony:
(i) the financial condition and needs of the recipient spouse;
(ii) the recipient's earning capacity or ability to produce income, including the impact
of diminished workplace experience resulting from primarily caring for a child of the payor
spouse;
(iii) the ability of the payor spouse to provide support;
(iv) the length of the marriage;
(v) whether the recipient spouse has custody of a minor child requiring support;
(vi) whether the recipient spouse worked in a business owned or operated by the payor
spouse; and
(vii) whether the recipient spouse directly contributed to any increase in the payor
spouse's skill by paying for education received by the payor spouse or enabling the payor
spouse to attend school during the marriage.
(b) The court may consider the fault of the parties in determining whether to award
alimony and the terms of the alimony.
(c) The court may, when fault is at issue, close the proceedings and seal the court
records.
(d) As a general rule, the court should look to the standard of living, existing at the
time of separation, in determining alimony in accordance with Subsection (10)(a). However,
the court shall consider all relevant facts and equitable principles and may, in the court's
discretion, base alimony on the standard of living that existed at the time of trial. In marriages
of short duration, when no child has been conceived or born during the marriage, the court may
consider the standard of living that existed at the time of the marriage.
(e) The court may, under appropriate circumstances, attempt to equalize the parties'
respective standards of living.
(f) When a marriage of long duration dissolves on the threshold of a major change in
the income of one of the spouses due to the collective efforts of both, that change shall be
considered in dividing the marital property and in determining the amount of alimony. If one
spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
the marriage, the court may make a compensating adjustment in dividing the marital property
and awarding alimony.
(g) In determining alimony when a marriage of short duration dissolves, and no child
has been conceived or born during the marriage, the court may consider restoring each party to
the condition which existed at the time of the marriage.
(11) (a) The court has continuing jurisdiction to make substantive changes and new
orders regarding alimony based on a substantial material change in circumstances not expressly
stated in the divorce decree or in the findings that the court entered at the time of the divorce
decree.
(b) A party's retirement is a substantial material change in circumstances that is subject
to a petition to modify alimony, unless the divorce decree, or the findings that the court entered
at the time of the divorce decree, expressly states otherwise.
(c) The court may not modify alimony or issue a new order for alimony to address
needs of the recipient that did not exist at the time the decree was entered, unless the court
finds extenuating circumstances that justify that action.
(d) (i) In determining alimony, the income of any subsequent spouse of the payor may
not be considered, except as provided in Subsection (10) or this Subsection (11).
(ii) The court may consider the subsequent spouse's financial ability to share living
expenses.
(iii) The court may consider the income of a subsequent spouse if the court finds that
the payor's improper conduct justifies that consideration.
(e) (i) Except as provided in Subsection (11)(e)(iii), the court may not order alimony
for a period of time longer than the length of the marriage.
(ii) If a party is ordered to pay temporary alimony during the pendency of the divorce
action, the period of time that the party pays temporary alimony shall be counted towards the
period of time for which the party is ordered to pay alimony.
(iii) At any time before the termination of alimony, the court may find extenuating
circumstances or good cause that justify the payment of alimony for a longer period of time
than the length of the marriage.
(12) (a) Except as provided in Subsection (12)(b), unless a decree of divorce
specifically provides otherwise, any order of the court that a party pay alimony to a former
spouse automatically terminates upon the remarriage or death of that former spouse.
(b) If the remarriage of the former spouse is annulled and found to be void ab initio,
payment of alimony shall resume if the party paying alimony is made a party to the action of
annulment and the payor party's rights are determined.
(13) If a party establishes that a current spouse cohabits with another individual during
the pendency of the divorce action, the court:
(a) may not order the party to pay temporary alimony to the current spouse; and
(b) shall terminate any order that the party pay temporary alimony to the current
spouse.
(14) (a) Subject to Subsection (14)(b), the court shall terminate an order that a party
pay alimony to a former spouse if the party establishes that, after the order for alimony is
issued, the former spouse cohabits with another individual even if the former spouse is not
cohabiting with the individual when the party paying alimony files the motion to terminate
alimony.
(b) A party paying alimony to a former spouse may not seek termination of alimony
under Subsection (14)(a), later than one year from the day on which the party knew or should
have known that the former spouse has cohabited with another individual.
Section 86. Section 
30-3-5.1
 is amended to read:
30-3-5.1.
Provision for income withholding in child support order.
Whenever a court enters an order for child support, it shall include in the order a
provision for withholding income as a means of collecting child support as provided in [
Title
62A, Chapter 11, Recovery Services
] 
Title 26B, Chapter 9, Recovery Services and
Administration of Child Support
.
Section 87. Section 
30-3-5.4
 is amended to read:
30-3-5.4.
Designation of primary and secondary health, dental, or hospital
insurance coverage.
(1) As used in this section, "health, hospital, or dental insurance plan" has the same
meaning as "health care insurance" as defined in Section 
31A-1-301
.
(2) (a) A decree of divorce rendered in accordance with Section 
30-3-5
, an order for
medical expenses rendered in accordance with Section 
78B-12-212
, and an administrative
order under Section [
62A-11-326
] 
26B-9-224
 shall, in accordance with Subsection (2)(b)(ii),
designate which parent's health, hospital, or dental insurance plan is primary coverage and
which parent's health, hospital, or dental insurance plan is secondary coverage for a dependent
child.
(b) The provisions of the court order required by Subsection (2)(a) shall:
(i) take effect if at any time a dependent child is covered by both parents' health,
hospital, or dental insurance plans; and
(ii) include the following language:
"If, at any point in time, a dependent child is covered by the health, hospital, or dental
insurance plans of both parents, the health, hospital, or dental insurance plan of (Parent's
Name) shall be primary coverage for the dependent child and the health, hospital, or dental
insurance plan of (Other Parent's Name) shall be secondary coverage for the dependent child. 
If a parent remarries and his or her dependent child is not covered by that parent's health,
hospital, or dental insurance plan but is covered by a step-parent's plan, the health, hospital, or
dental insurance plan of the step-parent shall be treated as if it is the plan of the remarried
parent and shall retain the same designation as the primary or secondary plan of the dependent
child."
(c) A decree of divorce or related court order may not modify the language required by
Subsection (2)(b)(ii).
(d) Notwithstanding Subsection (2)(c), a court may allocate the payment of medical
expenses including co-payments, deductibles, and co-insurance not covered by health insurance
between the parents in accordance with Subsections 
30-3-5
(3)(a) and 
78B-12-212
(7).
(3) In designating primary coverage pursuant to Subsection (2), a court may take into
account:
(a) the birth dates of the parents;
(b) a requirement in a court order, if any, for one of the parents to maintain health
insurance coverage for a dependent child;
(c) the parent with physical custody of the dependent child; or
(d) any other factor the court considers relevant.
Section 88. Section 
30-3-10
 is amended to read:
30-3-10.
Custody of a child -- Custody factors.
(1) If a married couple having one or more minor children are separated, or the married
couple's marriage is declared void or dissolved, the court shall enter, and has continuing
jurisdiction to modify, an order of custody and parent-time.
(2) In determining any form of custody and parent-time under Subsection (1), the court
shall consider the best interest of the child and may consider among other factors the court
finds relevant, the following for each parent:
(a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
abuse, involving the child, the parent, or a household member of the parent;
(b) the parent's demonstrated understanding of, responsiveness to, and ability to meet
the developmental needs of the child, including the child's:
(i) physical needs;
(ii) emotional needs;
(iii) educational needs;
(iv) medical needs; and
(v) any special needs;
(c) the parent's capacity and willingness to function as a parent, including:
(i) parenting skills;
(ii) co-parenting skills, including:
(A) ability to appropriately communicate with the other parent;
(B) ability to encourage the sharing of love and affection; and
(C) willingness to allow frequent and continuous contact between the child and the
other parent, except that, if the court determines that the parent is acting to protect the child
from domestic violence, neglect, or abuse, the parent's protective actions may be taken into
consideration; and
(iii) ability to provide personal care rather than surrogate care;
(d) in accordance with Subsection (10), the past conduct and demonstrated moral
character of the parent;
(e) the emotional stability of the parent;
(f) the parent's inability to function as a parent because of drug abuse, excessive
drinking, or other causes;
(g) whether the parent has intentionally exposed the child to pornography or material
harmful to minors, as "material" and "harmful to minors" are defined in Section 
76-10-1201
;
(h) the parent's reasons for having relinquished custody or parent-time in the past;
(i) duration and depth of desire for custody or parent-time;
(j) the parent's religious compatibility with the child;
(k) the parent's financial responsibility;
(l) the child's interaction and relationship with step-parents, extended family members
of other individuals who may significantly affect the child's best interests;
(m) who has been the primary caretaker of the child;
(n) previous parenting arrangements in which the child has been happy and
well-adjusted in the home, school, and community;
(o) the relative benefit of keeping siblings together;
(p) the stated wishes and concerns of the child, taking into consideration the child's
cognitive ability and emotional maturity;
(q) the relative strength of the child's bond with the parent, meaning the depth, quality,
and nature of the relationship between the parent and the child; and
(r) any other factor the court finds relevant.
(3) There is a rebuttable presumption that joint legal custody, as defined in Section
30-3-10.1
, is in the best interest of the child, except in cases when there is:
(a) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional
abuse involving the child, a parent, or a household member of the parent;
(b) special physical or mental needs of a parent or child, making joint legal custody
unreasonable;
(c) physical distance between the residences of the parents, making joint decision
making impractical in certain circumstances; or
(d) any other factor the court considers relevant including those listed in this section
and Section 
30-3-10.2
.
(4) (a) The person who desires joint legal custody shall file a proposed parenting plan
in accordance with Sections 
30-3-10.8
 and 
30-3-10.9
.
(b) A presumption for joint legal custody may be rebutted by a showing by a
preponderance of the evidence that it is not in the best interest of the child.
(5) (a) A child may not be required by either party to testify unless the trier of fact
determines that extenuating circumstances exist that would necessitate the testimony of the
child be heard and there is no other reasonable method to present the child's testimony.
(b) (i) The court may inquire of the child's and take into consideration the child's
desires regarding future custody or parent-time schedules, but the expressed desires are not
controlling and the court may determine the child's custody or parent-time otherwise.
(ii) The desires of a child 14 years [
of age
] 
old
 or older shall be given added weight,
but is not the single controlling factor.
(c) (i) If an interview with a child is conducted by the court pursuant to Subsection
(5)(b), the interview shall be conducted by the judge in camera.
(ii) The prior consent of the parties may be obtained but is not necessary if the court
finds that an interview with a child is the only method to ascertain the child's desires regarding
custody.
(6) (a) Except as provided in Subsection (6)(b), a court may not discriminate against a
parent due to a disability, as defined in Section 
57-21-2
, in awarding custody or determining
whether a substantial change has occurred for the purpose of modifying an award of custody.
(b) The court may not consider the disability of a parent as a factor in awarding custody
or modifying an award of custody based on a determination of a substantial change in
circumstances, unless the court makes specific findings that:
(i) the disability significantly or substantially inhibits the parent's ability to provide for
the physical and emotional needs of the child at issue; and
(ii) the parent with a disability lacks sufficient human, monetary, or other resources
available to supplement the parent's ability to provide for the physical and emotional needs of
the child at issue.
(c) Nothing in this section may be construed to apply to adoption proceedings under
Title 78B, Chapter 6, Part 1, Utah Adoption Act.
(7) This section does not establish a preference for either parent solely because of the
gender of the parent.
(8) This section establishes neither a preference nor a presumption for or against joint
physical custody or sole physical custody, but allows the court and the family the widest
discretion to choose a parenting plan that is in the best interest of the child.
(9) When an issue before the court involves custodial responsibility in the event of a
deployment of one or both parents who are servicemembers, and the servicemember has not yet
been notified of deployment, the court shall resolve the issue based on the standards in Sections
78B-20-306
 through 
78B-20-309
.
(10) In considering the past conduct and demonstrated moral standards of each party
under Subsection (2)(d) or any other factor a court finds relevant, the court may not:
(a) consider or treat a parent's lawful possession or use of cannabis in a medicinal
dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, in
accordance with Title 4, Chapter 41a, Cannabis Production Establishments, [
Title 26, Chapter
61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis
, or Subsection 
58-37-3.7
(2) or (3) any differently than the court would
consider or treat the lawful possession or use of any prescribed controlled substance; or
(b) discriminate against a parent because of the parent's status as a:
(i) cannabis production establishment agent, as that term is defined in Section
4-41a-102
;
(ii) medical cannabis pharmacy agent, as that term is defined in Section [
26-61a-102
]
26B-4-201
;
(iii) medical cannabis courier agent, as that term is defined in Section [
26-61a-102
]
26B-4-201
; or
(iv) medical cannabis cardholder in accordance with [
Title 26, Chapter 61a, Utah
Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
.
Section 89. Section 
30-3-10.5
 is amended to read:
30-3-10.5.
Payments of support, maintenance, and alimony.
(1) All monthly payments of support, maintenance, or alimony provided for in the
order or decree shall be due on the first day of each month for purposes of Section 
78B-12-112
,
child support services pursuant to [
Title 62A, Chapter 11, Part 3, Child Support Services Act
]
Title 26B, Chapter 9, Part 2, Child Support Services
, income withholding services pursuant to
[
Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases
] 
Title 26B, Chapter 9, Part
3, Income Withholding in IV-D Cases
, and other income withholding procedures pursuant to
[
Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases
] 
Title 26B, Chapter 9,
Part 4, Income Withholding in Non IV-D Cases
.
(2) For purposes of child support services and income withholding pursuant to [
Title
62A, Chapter 11, Part 3, Child Support Services Act, and Part 4, Income Withholding in IV-D
Cases
] 
Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3,
Income Withholding in IV-D Cases
, child support is not considered past due until the first day
of the following month.
(3) For purposes other than those specified in Subsections (1) and (2), support shall be
payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the
order or decree provides for a different time for payment.
Section 90. Section 
30-3-38
 is amended to read:
30-3-38.
Expedited Parent-time Enforcement Program.
(1) There is established an Expedited Parent-time Enforcement Program in the third
judicial district to be administered by the Administrative Office of the Courts.
(2) As used in this section:
(a) "Mediator" means a person who:
(i) is qualified to mediate parent-time disputes under criteria established by the
Administrative Office of the Courts; and
(ii) agrees to follow billing guidelines established by the Administrative Office of the
Courts and this section.
(b) "Services to facilitate parent-time" or "services" means services designed to assist
families in resolving parent-time problems through:
(i) counseling;
(ii) supervised parent-time;
(iii) neutral drop-off and pick-up;
(iv) educational classes; and
(v) other related activities.
(3) (a) If a parent files a motion in the third district court alleging that court-ordered
parent-time rights are being violated, the clerk of the court, after assigning the case to a judge,
shall refer the case to the administrator of this program for assignment to a mediator, unless a
parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent
residing outside of the state is not unavailable. The director of the program for the courts, the
court, or the mediator may excuse either party from the requirement to mediate for good cause.
(b) Upon receipt of a case, the mediator shall:
(i) meet with the parents to address parent-time issues within 15 days of the motion
being filed;
(ii) assess the situation;
(iii) facilitate an agreement on parent-time between the parents; and
(iv) determine whether a referral to a service provider under Subsection (3)(c) is
warranted.
(c) While a case is in mediation, a mediator may refer the parents to a service provider
designated by the Department of 
Health and
 Human Services for services to facilitate
parent-time if:
(i) the services may be of significant benefit to the parents; or
(ii) (A) a mediated agreement between the parents is unlikely; and
(B) the services may facilitate an agreement.
(d) At any time during mediation, a mediator shall terminate mediation and transfer the
case to the administrator of the program for referral to the judge or court commissioner to
whom the case was assigned under Subsection (3)(a) if:
(i) a written agreement between the parents is reached; or
(ii) the parents are unable to reach an agreement through mediation and:
(A) the parents have received services to facilitate parent-time;
(B) both parents object to receiving services to facilitate parent-time; or
(C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
(e) Upon receiving a case from the administrator of the program, a judge or court
commissioner may:
(i) review the agreement of the parents and, if acceptable, sign it as an order;
(ii) order the parents to receive services to facilitate parent-time;
(iii) proceed with the case; or
(iv) take other appropriate action.
(4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
child who is the subject of a parent-time order against the other parent or a member of the other
parent's household to a mediator or service provider, the mediator or service provider shall
immediately report that information to:
(i) the judge assigned to the case who may immediately issue orders and take other
appropriate action to resolve the allegation and protect the child; and
(ii) the Division of Child and Family Services within the Department of 
Health and
Human Services in the manner required by Title 80, Chapter 2, Part 6, Child Abuse and
Neglect Reports.
(b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
order of the court, be supervised until:
(i) the allegation has been resolved; or
(ii) a court orders otherwise.
(c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
mediate parent-time problems and a service provider may continue to provide services to
facilitate parent-time unless otherwise ordered by a court.
(5) (a) The Department of 
Health and
 Human Services may contract with one or more
entities in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to provide:
(i) services to facilitate parent-time;
(ii) case management services; and
(iii) administrative services.
(b) An entity who contracts with the Department of 
Health and
 Human Services under
Subsection (5)(a) shall:
(i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
(ii) agree to follow billing guidelines established by the Department of 
Health and
Human Services and this section.
(6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
(i) reduced to a sum certain;
(ii) divided equally between the parents; and
(iii) charged against each parent taking into account the ability of that parent to pay
under billing guidelines adopted in accordance with this section.
(b) A judge may order a parent to pay an amount in excess of that provided for in
Subsection (6)(a) if the parent:
(i) failed to participate in good faith in mediation or services to facilitate parent-time;
or
(ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
(c) (i) The cost of mediation and services to facilitate parent-time may be charged to
parents at periodic intervals.
(ii) Mediation and services to facilitate parent-time may only be terminated on the
ground of nonpayment if both parents are delinquent.
(7) (a) The Judicial Council may make rules to implement and administer the
provisions of this program related to mediation.
(b) The Department of 
Health and
 Human Services may make rules to implement and
administer the provisions of this program related to services to facilitate parent-time.
(8) (a) The Administrative Office of the Courts shall adopt outcome measures to
evaluate the effectiveness of the mediation component of this program. Progress reports shall
be provided to the Judiciary Interim Committee as requested by the committee.
(b) The Department of 
Health and
 Human Services shall adopt outcome measures to
evaluate the effectiveness of the services component of this program. Progress reports shall be
provided to the Judiciary Interim Committee as requested by the committee.
(c) The Administrative Office of the Courts and the Department of 
Health and
 Human
Services may adopt joint outcome measures and file joint reports to satisfy the requirements of
Subsections (7)(a) and (b).
(9) The Department of 
Health and
 Human Services shall, by following the procedures
and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, apply for federal
funds as available.
Section 91. Section 
31A-1-301
 is amended to read:
31A-1-301.
Definitions.
As used in this title, unless otherwise specified:
(1) (a) "Accident and health insurance" means insurance to provide protection against
economic losses resulting from:
(i) a medical condition including:
(A) a medical care expense; or
(B) the risk of disability;
(ii) accident; or
(iii) sickness.
(b) "Accident and health insurance":
(i) includes a contract with disability contingencies including:
(A) an income replacement contract;
(B) a health care contract;
(C) a fixed indemnity contract;
(D) a credit accident and health contract;
(E) a continuing care contract; and
(F) a long-term care contract; and
(ii) may provide:
(A) hospital coverage;
(B) surgical coverage;
(C) medical coverage;
(D) loss of income coverage;
(E) prescription drug coverage;
(F) dental coverage; or
(G) vision coverage.
(c) "Accident and health insurance" does not include workers' compensation insurance.
(d) For purposes of a national licensing registry, "accident and health insurance" is the
same as "accident and health or sickness insurance."
(2) "Actuary" is as defined by the commissioner by rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) "Administrator" means the same as that term is defined in Subsection (182).
(4) "Adult" means an individual who is 18 years old or older.
(5) "Affiliate" means a person who controls, is controlled by, or is under common
control with, another person. A corporation is an affiliate of another corporation, regardless of
ownership, if substantially the same group of individuals manage the corporations.
(6) "Agency" means:
(a) a person other than an individual, including a sole proprietorship by which an
individual does business under an assumed name; and
(b) an insurance organization licensed or required to be licensed under Section
31A-23a-301
, 
31A-25-207
, or 
31A-26-209
.
(7) "Alien insurer" means an insurer domiciled outside the United States.
(8) "Amendment" means an endorsement to an insurance policy or certificate.
(9) "Annuity" means an agreement to make periodical payments for a period certain or
over the lifetime of one or more individuals if the making or continuance of all or some of the
series of the payments, or the amount of the payment, is dependent upon the continuance of
human life.
(10) "Application" means a document:
(a) (i) completed by an applicant to provide information about the risk to be insured;
and
(ii) that contains information that is used by the insurer to evaluate risk and decide
whether to:
(A) insure the risk under:
(I) the coverage as originally offered; or
(II) a modification of the coverage as originally offered; or
(B) decline to insure the risk; or
(b) used by the insurer to gather information from the applicant before issuance of an
annuity contract.
(11) "Articles" or "articles of incorporation" means:
(a) the original articles;
(b) a special law;
(c) a charter;
(d) an amendment;
(e) restated articles;
(f) articles of merger or consolidation;
(g) a trust instrument;
(h) another constitutive document for a trust or other entity that is not a corporation;
and
(i) an amendment to an item listed in Subsections (11)(a) through (h).
(12) "Bail bond insurance" means a guarantee that a person will attend court when
required, up to and including surrender of the person in execution of a sentence imposed under
Subsection 
77-20-501
(1), as a condition to the release of that person from confinement.
(13) "Binder" means the same as that term is defined in Section 
31A-21-102
.
(14) "Blanket insurance policy" or "blanket contract" means a group insurance policy
covering a defined class of persons:
(a) without individual underwriting or application; and
(b) that is determined by definition without designating each person covered.
(15) "Board," "board of trustees," or "board of directors" means the group of persons
with responsibility over, or management of, a corporation, however designated.
(16) "Bona fide office" means a physical office in this state:
(a) that is open to the public;
(b) that is staffed during regular business hours on regular business days; and
(c) at which the public may appear in person to obtain services.
(17) "Business entity" means:
(a) a corporation;
(b) an association;
(c) a partnership;
(d) a limited liability company;
(e) a limited liability partnership; or
(f) another legal entity.
(18) "Business of insurance" means the same as that term is defined in Subsection (95).
(19) "Business plan" means the information required to be supplied to the
commissioner under Subsections 
31A-5-204
(2)(i) and (j), including the information required
when these subsections apply by reference under:
(a) Section 
31A-8-205
; or
(b) Subsection 
31A-9-205
(2).
(20) (a) "Bylaws" means the rules adopted for the regulation or management of a
corporation's affairs, however designated.
(b) "Bylaws" includes comparable rules for a trust or other entity that is not a
corporation.
(21) "Captive insurance company" means:
(a) an insurer:
(i) owned by a parent organization; and
(ii) whose purpose is to insure risks of the parent organization and other risks as
authorized under:
(A) Chapter 37, Captive Insurance Companies Act; and
(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
(b) in the case of a group or association, an insurer:
(i) owned by the insureds; and
(ii) whose purpose is to insure risks of:
(A) a member organization;
(B) a group member; or
(C) an affiliate of:
(I) a member organization; or
(II) a group member.
(22) "Casualty insurance" means liability insurance.
(23) "Certificate" means evidence of insurance given to:
(a) an insured under a group insurance policy; or
(b) a third party.
(24) "Certificate of authority" is included within the term "license."
(25) "Claim," unless the context otherwise requires, means a request or demand on an
insurer for payment of a benefit according to the terms of an insurance policy.
(26) "Claims-made coverage" means an insurance contract or provision limiting
coverage under a policy insuring against legal liability to claims that are first made against the
insured while the policy is in force.
(27) (a) "Commissioner" or "commissioner of insurance" means Utah's insurance
commissioner.
(b) When appropriate, the terms listed in Subsection (27)(a) apply to the equivalent
supervisory official of another jurisdiction.
(28) (a) "Continuing care insurance" means insurance that:
(i) provides board and lodging;
(ii) provides one or more of the following:
(A) a personal service;
(B) a nursing service;
(C) a medical service; or
(D) any other health-related service; and
(iii) provides the coverage described in this Subsection (28)(a) under an agreement
effective:
(A) for the life of the insured; or
(B) for a period in excess of one year.
(b) Insurance is continuing care insurance regardless of whether or not the board and
lodging are provided at the same location as a service described in Subsection (28)(a)(ii).
(29) (a) "Control," "controlling," "controlled," or "under common control" means the
direct or indirect possession of the power to direct or cause the direction of the management
and policies of a person. This control may be:
(i) by contract;
(ii) by common management;
(iii) through the ownership of voting securities; or
(iv) by a means other than those described in Subsections (29)(a)(i) through (iii).
(b) There is no presumption that an individual holding an official position with another
person controls that person solely by reason of the position.
(c) A person having a contract or arrangement giving control is considered to have
control despite the illegality or invalidity of the contract or arrangement.
(d) There is a rebuttable presumption of control in a person who directly or indirectly
owns, controls, holds with the power to vote, or holds proxies to vote 10% or more of the
voting securities of another person.
(30) "Controlled insurer" means a licensed insurer that is either directly or indirectly
controlled by a producer.
(31) "Controlling person" means a person that directly or indirectly has the power to
direct or cause to be directed, the management, control, or activities of a reinsurance
intermediary.
(32) "Controlling producer" means a producer who directly or indirectly controls an
insurer.
(33) "Corporate governance annual disclosure" means a report an insurer or insurance
group files in accordance with the requirements of Chapter 16b, Corporate Governance Annual
Disclosure Act.
(34) (a) "Corporation" means an insurance corporation, except when referring to:
(i) a corporation doing business:
(A) as:
(I) an insurance producer;
(II) a surplus lines producer;
(III) a limited line producer;
(IV) a consultant;
(V) a managing general agent;
(VI) a reinsurance intermediary;
(VII) a third party administrator; or
(VIII) an adjuster; and
(B) under:
(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and
Reinsurance Intermediaries;
(II) Chapter 25, Third Party Administrators; or
(III) Chapter 26, Insurance Adjusters; or
(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance
Holding Companies.
(b) "Mutual" or "mutual corporation" means a mutual insurance corporation.
(c) "Stock corporation" means a stock insurance corporation.
(35) (a) "Creditable coverage" has the same meaning as provided in federal regulations
adopted pursuant to the Health Insurance Portability and Accountability Act.
(b) "Creditable coverage" includes coverage that is offered through a public health plan
such as:
(i) the Primary Care Network Program under a Medicaid primary care network
demonstration waiver obtained subject to Section [
26-18-3
] 
26B-3-108
;
(ii) the Children's Health Insurance Program under Section [
26-40-106
] 
26B-3-904
; or
(iii) the Ryan White Program Comprehensive AIDS Resources Emergency Act, Pub. L.
No. 101-381, and Ryan White HIV/AIDS Treatment Modernization Act of 2006, Pub. L. No.
109-415.
(36) "Credit accident and health insurance" means insurance on a debtor to provide
indemnity for payments coming due on a specific loan or other credit transaction while the
debtor has a disability.
(37) (a) "Credit insurance" means insurance offered in connection with an extension of
credit that is limited to partially or wholly extinguishing that credit obligation.
(b) "Credit insurance" includes:
(i) credit accident and health insurance;
(ii) credit life insurance;
(iii) credit property insurance;
(iv) credit unemployment insurance;
(v) guaranteed automobile protection insurance;
(vi) involuntary unemployment insurance;
(vii) mortgage accident and health insurance;
(viii) mortgage guaranty insurance; and
(ix) mortgage life insurance.
(38) "Credit life insurance" means insurance on the life of a debtor in connection with
an extension of credit that pays a person if the debtor dies.
(39) "Creditor" means a person, including an insured, having a claim, whether:
(a) matured;
(b) unmatured;
(c) liquidated;
(d) unliquidated;
(e) secured;
(f) unsecured;
(g) absolute;
(h) fixed; or
(i) contingent.
(40) "Credit property insurance" means insurance:
(a) offered in connection with an extension of credit; and
(b) that protects the property until the debt is paid.
(41) "Credit unemployment insurance" means insurance:
(a) offered in connection with an extension of credit; and
(b) that provides indemnity if the debtor is unemployed for payments coming due on a:
(i) specific loan; or
(ii) credit transaction.
(42) (a) "Crop insurance" means insurance providing protection against damage to
crops from unfavorable weather conditions, fire or lightning, flood, hail, insect infestation,
disease, or other yield-reducing conditions or perils that is:
(i) provided by the private insurance market; or
(ii) subsidized by the Federal Crop Insurance Corporation.
(b) "Crop insurance" includes multiperil crop insurance.
(43) (a) "Customer service representative" means a person that provides an insurance
service and insurance product information:
(i) for the customer service representative's:
(A) producer;
(B) surplus lines producer; or
(C) consultant employer; and
(ii) to the customer service representative's employer's:
(A) customer;
(B) client; or
(C) organization.
(b) A customer service representative may only operate within the scope of authority of
the customer service representative's producer, surplus lines producer, or consultant employer.
(44) "Deadline" means a final date or time:
(a) imposed by:
(i) statute;
(ii) rule; or
(iii) order; and
(b) by which a required filing or payment must be received by the department.
(45) "Deemer clause" means a provision under this title under which upon the
occurrence of a condition precedent, the commissioner is considered to have taken a specific
action. If the statute so provides, a condition precedent may be the commissioner's failure to
take a specific action.
(46) "Degree of relationship" means the number of steps between two persons
determined by counting the generations separating one person from a common ancestor and
then counting the generations to the other person.
(47) "Department" means the Insurance Department.
(48) "Director" means a member of the board of directors of a corporation.
(49) "Disability" means a physiological or psychological condition that partially or
totally limits an individual's ability to:
(a) perform the duties of:
(i) that individual's occupation; or
(ii) an occupation for which the individual is reasonably suited by education, training,
or experience; or
(b) perform two or more of the following basic activities of daily living:
(i) eating;
(ii) toileting;
(iii) transferring;
(iv) bathing; or
(v) dressing.
(50) "Disability income insurance" means the same as that term is defined in
Subsection (86).
(51) "Domestic insurer" means an insurer organized under the laws of this state.
(52) "Domiciliary state" means the state in which an insurer:
(a) is incorporated;
(b) is organized; or
(c) in the case of an alien insurer, enters into the United States.
(53) (a) "Eligible employee" means:
(i) an employee who:
(A) works on a full-time basis; and
(B) has a normal work week of 30 or more hours; or
(ii) a person described in Subsection (53)(b).
(b) "Eligible employee" includes:
(i) an owner, sole proprietor, or partner who:
(A) works on a full-time basis;
(B) has a normal work week of 30 or more hours; and
(C) employs at least one common employee; and
(ii) an independent contractor if the individual is included under a health benefit plan
of a small employer.
(c) "Eligible employee" does not include, unless eligible under Subsection (53)(b):
(i) an individual who works on a temporary or substitute basis for a small employer;
(ii) an employer's spouse who does not meet the requirements of Subsection (53)(a)(i);
or
(iii) a dependent of an employer who does not meet the requirements of Subsection
(53)(a)(i).
(54) "Emergency medical condition" means a medical condition that:
(a) manifests itself by acute symptoms, including severe pain; and
(b) would cause a prudent layperson possessing an average knowledge of medicine and
health to reasonably expect the absence of immediate medical attention through a hospital
emergency department to result in:
(i) placing the layperson's health or the layperson's unborn child's health in serious
jeopardy;
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any bodily organ or part.
(55) "Employee" means:
(a) an individual employed by an employer; or
(b) an individual who meets the requirements of Subsection (53)(b).
(56) "Employee benefits" means one or more benefits or services provided to:
(a) an employee; or
(b) a dependent of an employee.
(57) (a) "Employee welfare fund" means a fund:
(i) established or maintained, whether directly or through a trustee, by:
(A) one or more employers;
(B) one or more labor organizations; or
(C) a combination of employers and labor organizations; and
(ii) that provides employee benefits paid or contracted to be paid, other than income
from investments of the fund:
(A) by or on behalf of an employer doing business in this state; or
(B) for the benefit of a person employed in this state.
(b) "Employee welfare fund" includes a plan funded or subsidized by a user fee or tax
revenues.
(58) "Endorsement" means a written agreement attached to a policy or certificate to
modify the policy or certificate coverage.
(59) (a) "Enrollee" means:
(i) a policyholder;
(ii) a certificate holder;
(iii) a subscriber; or
(iv) a covered individual:
(A) who has entered into a contract with an organization for health care; or
(B) on whose behalf an arrangement for health care has been made.
(b) "Enrollee" includes an insured.
(60) "Enrollment date," with respect to a health benefit plan, means:
(a) the first day of coverage; or
(b) if there is a waiting period, the first day of the waiting period.
(61) "Enterprise risk" means an activity, circumstance, event, or series of events
involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a
material adverse effect upon the financial condition or liquidity of the insurer or its insurance
holding company system as a whole, including anything that would cause:
(a) the insurer's risk-based capital to fall into an action or control level as set forth in
Sections 
31A-17-601
 through 
31A-17-613
; or
(b) the insurer to be in hazardous financial condition set forth in Section 
31A-27a-101
.
(62) (a) "Escrow" means:
(i) a transaction that effects the sale, transfer, encumbering, or leasing of real property,
when a person not a party to the transaction, and neither having nor acquiring an interest in the
title, performs, in accordance with the written instructions or terms of the written agreement
between the parties to the transaction, any of the following actions:
(A) the explanation, holding, or creation of a document; or
(B) the receipt, deposit, and disbursement of money;
(ii) a settlement or closing involving:
(A) a mobile home;
(B) a grazing right;
(C) a water right; or
(D) other personal property authorized by the commissioner.
(b) "Escrow" does not include:
(i) the following notarial acts performed by a notary within the state:
(A) an acknowledgment;
(B) a copy certification;
(C) jurat; and
(D) an oath or affirmation;
(ii) the receipt or delivery of a document; or
(iii) the receipt of money for delivery to the escrow agent.
(63) "Escrow agent" means an agency title insurance producer meeting the
requirements of Sections 
31A-4-107
, 
31A-14-211
, and 
31A-23a-204
, who is acting through an
individual title insurance producer licensed with an escrow subline of authority.
(64) (a) "Excludes" is not exhaustive and does not mean that another thing is not also
excluded.
(b) The items listed in a list using the term "excludes" are representative examples for
use in interpretation of this title.
(65) "Exclusion" means for the purposes of accident and health insurance that an
insurer does not provide insurance coverage, for whatever reason, for one of the following:
(a) a specific physical condition;
(b) a specific medical procedure;
(c) a specific disease or disorder; or
(d) a specific prescription drug or class of prescription drugs.
(66) "Fidelity insurance" means insurance guaranteeing the fidelity of a person holding
a position of public or private trust.
(67) (a) "Filed" means that a filing is:
(i) submitted to the department as required by and in accordance with applicable
statute, rule, or filing order;
(ii) received by the department within the time period provided in applicable statute,
rule, or filing order; and
(iii) accompanied by the appropriate fee in accordance with:
(A) Section 
31A-3-103
; or
(B) rule.
(b) "Filed" does not include a filing that is rejected by the department because it is not
submitted in accordance with Subsection (67)(a).
(68) "Filing," when used as a noun, means an item required to be filed with the
department including:
(a) a policy;
(b) a rate;
(c) a form;
(d) a document;
(e) a plan;
(f) a manual;
(g) an application;
(h) a report;
(i) a certificate;
(j) an endorsement;
(k) an actuarial certification;
(l) a licensee annual statement;
(m) a licensee renewal application;
(n) an advertisement;
(o) a binder; or
(p) an outline of coverage.
(69) "First party insurance" means an insurance policy or contract in which the insurer
agrees to pay a claim submitted to it by the insured for the insured's losses.
(70) (a) "Fixed indemnity insurance" means accident and health insurance written to
provide a fixed amount for a specified event relating to or resulting from an illness or injury.
(b) "Fixed indemnity insurance" includes hospital confinement indemnity insurance.
(71) "Foreign insurer" means an insurer domiciled outside of this state, including an
alien insurer.
(72) (a) "Form" means one of the following prepared for general use:
(i) a policy;
(ii) a certificate;
(iii) an application;
(iv) an outline of coverage; or
(v) an endorsement.
(b) "Form" does not include a document specially prepared for use in an individual
case.
(73) "Franchise insurance" means an individual insurance policy provided through a
mass marketing arrangement involving a defined class of persons related in some way other
than through the purchase of insurance.
(74) "General lines of authority" include:
(a) the general lines of insurance in Subsection (75);
(b) title insurance under one of the following sublines of authority:
(i) title examination, including authority to act as a title marketing representative;
(ii) escrow, including authority to act as a title marketing representative; and
(iii) title marketing representative only;
(c) surplus lines;
(d) workers' compensation; and
(e) another line of insurance that the commissioner considers necessary to recognize in
the public interest.
(75) "General lines of insurance" include:
(a) accident and health;
(b) casualty;
(c) life;
(d) personal lines;
(e) property; and
(f) variable contracts, including variable life and annuity.
(76) "Group health plan" means an employee welfare benefit plan to the extent that the
plan provides medical care:
(a) (i) to an employee; or
(ii) to a dependent of an employee; and
(b) (i) directly;
(ii) through insurance reimbursement; or
(iii) through another method.
(77) (a) "Group insurance policy" means a policy covering a group of persons that is
issued:
(i) to a policyholder on behalf of the group; and
(ii) for the benefit of a member of the group who is selected under a procedure defined
in:
(A) the policy; or
(B) an agreement that is collateral to the policy.
(b) A group insurance policy may include a member of the policyholder's family or a
dependent.
(78) "Group-wide supervisor" means the commissioner or other regulatory official
designated as the group-wide supervisor for an internationally active insurance group under
Section 
31A-16-108.6
.
(79) "Guaranteed automobile protection insurance" means insurance offered in
connection with an extension of credit that pays the difference in amount between the
insurance settlement and the balance of the loan if the insured automobile is a total loss.
(80) (a) "Health benefit plan" means a policy, contract, certificate, or agreement offered
or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of
health care, including major medical expense coverage.
(b) "Health benefit plan" does not include:
(i) coverage only for accident or disability income insurance, or any combination
thereof;
(ii) coverage issued as a supplement to liability insurance;
(iii) liability insurance, including general liability insurance and automobile liability
insurance;
(iv) workers' compensation or similar insurance;
(v) automobile medical payment insurance;
(vi) credit-only insurance;
(vii) coverage for on-site medical clinics;
(viii) other similar insurance coverage, specified in federal regulations issued pursuant
to Pub. L. No. 104-191, under which benefits for health care services are secondary or
incidental to other insurance benefits;
(ix) the following benefits if they are provided under a separate policy, certificate, or
contract of insurance or are otherwise not an integral part of the plan:
(A) limited scope dental or vision benefits;
(B) benefits for long-term care, nursing home care, home health care,
community-based care, or any combination thereof; or
(C) other similar limited benefits, specified in federal regulations issued pursuant to
Pub. L. No. 104-191;
(x) the following benefits if the benefits are provided under a separate policy,
certificate, or contract of insurance, there is no coordination between the provision of benefits
and any exclusion of benefits under any health plan, and the benefits are paid with respect to an
event without regard to whether benefits are provided under any health plan:
(A) coverage only for specified disease or illness; or
(B) fixed indemnity insurance;
(xi) the following if offered as a separate policy, certificate, or contract of insurance:
(A) Medicare supplemental health insurance as defined under the Social Security Act,
42 U.S.C. Sec. 1395ss(g)(1);
(B) coverage supplemental to the coverage provided under United States Code, Title
10, Chapter 55, Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS); or
(C) similar supplemental coverage provided to coverage under a group health insurance
plan;
(xii) short-term limited duration health insurance; and
(xiii) student health insurance, except as required under 45 C.F.R. Sec. 147.145.
(81) "Health care" means any of the following intended for use in the diagnosis,
treatment, mitigation, or prevention of a human ailment or impairment:
(a) a professional service;
(b) a personal service;
(c) a facility;
(d) equipment;
(e) a device;
(f) supplies; or
(g) medicine.
(82) (a) "Health care insurance" or "health insurance" means insurance providing:
(i) a health care benefit; or
(ii) payment of an incurred health care expense.
(b) "Health care insurance" or "health insurance" does not include accident and health
insurance providing a benefit for:
(i) replacement of income;
(ii) short-term accident;
(iii) fixed indemnity;
(iv) credit accident and health;
(v) supplements to liability;
(vi) workers' compensation;
(vii) automobile medical payment;
(viii) no-fault automobile;
(ix) equivalent self-insurance; or
(x) a type of accident and health insurance coverage that is a part of or attached to
another type of policy.
(83) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(84) "Health insurance exchange" means an exchange as defined in 45 C.F.R. Sec.
155.20.
(85) "Health Insurance Portability and Accountability Act" means the Health Insurance
Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended.
(86) "Income replacement insurance" or "disability income insurance" means insurance
written to provide payments to replace income lost from accident or sickness.
(87) "Indemnity" means the payment of an amount to offset all or part of an insured
loss.
(88) "Independent adjuster" means an insurance adjuster required to be licensed under
Section 
31A-26-201
 who engages in insurance adjusting as a representative of an insurer.
(89) "Independently procured insurance" means insurance procured under Section
31A-15-104
.
(90) "Individual" means a natural person.
(91) "Inland marine insurance" includes insurance covering:
(a) property in transit on or over land;
(b) property in transit over water by means other than boat or ship;
(c) bailee liability;
(d) fixed transportation property such as bridges, electric transmission systems, radio
and television transmission towers and tunnels; and
(e) personal and commercial property floaters.
(92) "Insolvency" or "insolvent" means that:
(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
(b) an insurer's total adjusted capital is less than the insurer's mandatory control level
RBC under Subsection 
31A-17-601
(8)(c); or
(c) an insurer's admitted assets are less than the insurer's liabilities.
(93) (a) "Insurance" means:
(i) an arrangement, contract, or plan for the transfer of a risk or risks from one or more
persons to one or more other persons; or
(ii) an arrangement, contract, or plan for the distribution of a risk or risks among a
group of persons that includes the person seeking to distribute that person's risk.
(b) "Insurance" includes:
(i) a risk distributing arrangement providing for compensation or replacement for
damages or loss through the provision of a service or a benefit in kind;
(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a
business and not as merely incidental to a business transaction; and
(iii) a plan in which the risk does not rest upon the person who makes an arrangement,
but with a class of persons who have agreed to share the risk.
(94) "Insurance adjuster" means a person who directs or conducts the investigation,
negotiation, or settlement of a claim under an insurance policy other than life insurance or an
annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy.
(95) "Insurance business" or "business of insurance" includes:
(a) providing health care insurance by an organization that is or is required to be
licensed under this title;
(b) providing a benefit to an employee in the event of a contingency not within the
control of the employee, in which the employee is entitled to the benefit as a right, which
benefit may be provided either:
(i) by a single employer or by multiple employer groups; or
(ii) through one or more trusts, associations, or other entities;
(c) providing an annuity:
(i) including an annuity issued in return for a gift; and
(ii) except an annuity provided by a person specified in Subsections 
31A-22-1305
(2)
and (3);
(d) providing the characteristic services of a motor club;
(e) providing another person with insurance;
(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor,
or surety, a contract or policy offering title insurance;
(g) transacting or proposing to transact any phase of title insurance, including:
(i) solicitation;
(ii) negotiation preliminary to execution;
(iii) execution of a contract of title insurance;
(iv) insuring; and
(v) transacting matters subsequent to the execution of the contract and arising out of
the contract, including reinsurance;
(h) transacting or proposing a life settlement; and
(i) doing, or proposing to do, any business in substance equivalent to Subsections
(95)(a) through (h) in a manner designed to evade this title.
(96) "Insurance consultant" or "consultant" means a person who:
(a) advises another person about insurance needs and coverages;
(b) is compensated by the person advised on a basis not directly related to the insurance
placed; and
(c) except as provided in Section 
31A-23a-501
, is not compensated directly or
indirectly by an insurer or producer for advice given.
(97) "Insurance group" means the persons that comprise an insurance holding company
system.
(98) "Insurance holding company system" means a group of two or more affiliated
persons, at least one of whom is an insurer.
(99) (a) "Insurance producer" or "producer" means a person licensed or required to be
licensed under the laws of this state to sell, solicit, or negotiate insurance.
(b) (i) "Producer for the insurer" means a producer who is compensated directly or
indirectly by an insurer for selling, soliciting, or negotiating an insurance product of that
insurer.
(ii) "Producer for the insurer" may be referred to as an "agent."
(c) (i) "Producer for the insured" means a producer who:
(A) is compensated directly and only by an insurance customer or an insured; and
(B) receives no compensation directly or indirectly from an insurer for selling,
soliciting, or negotiating an insurance product of that insurer to an insurance customer or
insured.
(ii) "Producer for the insured" may be referred to as a "broker."
(100) (a) "Insured" means a person to whom or for whose benefit an insurer makes a
promise in an insurance policy and includes:
(i) a policyholder;
(ii) a subscriber;
(iii) a member; and
(iv) a beneficiary.
(b) The definition in Subsection (100)(a):
(i) applies only to this title;
(ii) does not define the meaning of "insured" as used in an insurance policy or
certificate; and
(iii) includes an enrollee.
(101) (a) "Insurer," "carrier," "insurance carrier," or "insurance company" means a
person doing an insurance business as a principal including:
(i) a fraternal benefit society;
(ii) an issuer of a gift annuity other than an annuity specified in Subsections
31A-22-1305
(2) and (3);
(iii) a motor club;
(iv) an employee welfare plan;
(v) a person purporting or intending to do an insurance business as a principal on that
person's own account; and
(vi) a health maintenance organization.
(b) "Insurer," "carrier," "insurance carrier," or "insurance company" does not include a
governmental entity.
(102) "Interinsurance exchange" means the same as that term is defined in Subsection
(163).
(103) "Internationally active insurance group" means an insurance holding company
system:
(a) that includes an insurer registered under Section 
31A-16-105
;
(b) that has premiums written in at least three countries;
(c) whose percentage of gross premiums written outside the United States is at least
10% of its total gross written premiums; and
(d) that, based on a three-year rolling average, has:
(i) total assets of at least $50,000,000,000; or
(ii) total gross written premiums of at least $10,000,000,000.
(104) "Involuntary unemployment insurance" means insurance:
(a) offered in connection with an extension of credit; and
(b) that provides indemnity if the debtor is involuntarily unemployed for payments
coming due on a:
(i) specific loan; or
(ii) credit transaction.
(105) "Large employer," in connection with a health benefit plan, means an employer
who, with respect to a calendar year and to a plan year:
(a) employed an average of at least 51 employees on business days during the
preceding calendar year; and
(b) employs at least one employee on the first day of the plan year.
(106) "Late enrollee," with respect to an employer health benefit plan, means an
individual whose enrollment is a late enrollment.
(107) "Late enrollment," with respect to an employer health benefit plan, means
enrollment of an individual other than:
(a) on the earliest date on which coverage can become effective for the individual
under the terms of the plan; or
(b) through special enrollment.
(108) (a) Except for a retainer contract or legal assistance described in Section
31A-1-103
, "legal expense insurance" means insurance written to indemnify or pay for a
specified legal expense.
(b) "Legal expense insurance" includes an arrangement that creates a reasonable
expectation of an enforceable right.
(c) "Legal expense insurance" does not include the provision of, or reimbursement for,
legal services incidental to other insurance coverage.
(109) (a) "Liability insurance" means insurance against liability:
(i) for death, injury, or disability of a human being, or for damage to property,
exclusive of the coverages under:
(A) medical malpractice insurance;
(B) professional liability insurance; and
(C) workers' compensation insurance;
(ii) for a medical, hospital, surgical, and funeral benefit to a person other than the
insured who is injured, irrespective of legal liability of the insured, when issued with or
supplemental to insurance against legal liability for the death, injury, or disability of a human
being, exclusive of the coverages under:
(A) medical malpractice insurance;
(B) professional liability insurance; and
(C) workers' compensation insurance;
(iii) for loss or damage to property resulting from an accident to or explosion of a
boiler, pipe, pressure container, machinery, or apparatus;
(iv) for loss or damage to property caused by:
(A) the breakage or leakage of a sprinkler, water pipe, or water container; or
(B) water entering through a leak or opening in a building; or
(v) for other loss or damage properly the subject of insurance not within another kind
of insurance as defined in this chapter, if the insurance is not contrary to law or public policy.
(b) "Liability insurance" includes:
(i) vehicle liability insurance;
(ii) residential dwelling liability insurance; and
(iii) making inspection of, and issuing a certificate of inspection upon, an elevator,
boiler, machinery, or apparatus of any kind when done in connection with insurance on the
elevator, boiler, machinery, or apparatus.
(110) (a) "License" means authorization issued by the commissioner to engage in an
activity that is part of or related to the insurance business.
(b) "License" includes a certificate of authority issued to an insurer.
(111) (a) "Life insurance" means:
(i) insurance on a human life; and
(ii) insurance pertaining to or connected with human life.
(b) The business of life insurance includes:
(i) granting a death benefit;
(ii) granting an annuity benefit;
(iii) granting an endowment benefit;
(iv) granting an additional benefit in the event of death by accident;
(v) granting an additional benefit to safeguard the policy against lapse; and
(vi) providing an optional method of settlement of proceeds.
(112) "Limited license" means a license that:
(a) is issued for a specific product of insurance; and
(b) limits an individual or agency to transact only for that product or insurance.
(113) "Limited line credit insurance" includes the following forms of insurance:
(a) credit life;
(b) credit accident and health;
(c) credit property;
(d) credit unemployment;
(e) involuntary unemployment;
(f) mortgage life;
(g) mortgage guaranty;
(h) mortgage accident and health;
(i) guaranteed automobile protection; and
(j) another form of insurance offered in connection with an extension of credit that:
(i) is limited to partially or wholly extinguishing the credit obligation; and
(ii) the commissioner determines by rule should be designated as a form of limited line
credit insurance.
(114) "Limited line credit insurance producer" means a person who sells, solicits, or
negotiates one or more forms of limited line credit insurance coverage to an individual through
a master, corporate, group, or individual policy.
(115) "Limited line insurance" includes:
(a) bail bond;
(b) limited line credit insurance;
(c) legal expense insurance;
(d) motor club insurance;
(e) car rental related insurance;
(f) travel insurance;
(g) crop insurance;
(h) self-service storage insurance;
(i) guaranteed asset protection waiver;
(j) portable electronics insurance; and
(k) another form of limited insurance that the commissioner determines by rule should
be designated a form of limited line insurance.
(116) "Limited lines authority" includes the lines of insurance listed in Subsection
(115).
(117) "Limited lines producer" means a person who sells, solicits, or negotiates limited
lines insurance.
(118) (a) "Long-term care insurance" means an insurance policy or rider advertised,
marketed, offered, or designated to provide coverage:
(i) in a setting other than an acute care unit of a hospital;
(ii) for not less than 12 consecutive months for a covered person on the basis of:
(A) expenses incurred;
(B) indemnity;
(C) prepayment; or
(D) another method;
(iii) for one or more necessary or medically necessary services that are:
(A) diagnostic;
(B) preventative;
(C) therapeutic;
(D) rehabilitative;
(E) maintenance; or
(F) personal care; and
(iv) that may be issued by:
(A) an insurer;
(B) a fraternal benefit society;
(C) (I) a nonprofit health hospital; and
(II) a medical service corporation;
(D) a prepaid health plan;
(E) a health maintenance organization; or
(F) an entity similar to the entities described in Subsections (118)(a)(iv)(A) through (E)
to the extent that the entity is otherwise authorized to issue life or health care insurance.
(b) "Long-term care insurance" includes:
(i) any of the following that provide directly or supplement long-term care insurance:
(A) a group or individual annuity or rider; or
(B) a life insurance policy or rider;
(ii) a policy or rider that provides for payment of benefits on the basis of:
(A) cognitive impairment; or
(B) functional capacity; or
(iii) a qualified long-term care insurance contract.
(c) "Long-term care insurance" does not include:
(i) a policy that is offered primarily to provide basic Medicare supplement coverage;
(ii) basic hospital expense coverage;
(iii) basic medical/surgical expense coverage;
(iv) hospital confinement indemnity coverage;
(v) major medical expense coverage;
(vi) income replacement or related asset-protection coverage;
(vii) accident only coverage;
(viii) coverage for a specified:
(A) disease; or
(B) accident;
(ix) limited benefit health coverage;
(x) a life insurance policy that accelerates the death benefit to provide the option of a
lump sum payment:
(A) if the following are not conditioned on the receipt of long-term care:
(I) benefits; or
(II) eligibility; and
(B) the coverage is for one or more the following qualifying events:
(I) terminal illness;
(II) medical conditions requiring extraordinary medical intervention; or
(III) permanent institutional confinement; or
(xi) limited long-term care as defined in Section 
31A-22-2002
.
(119) "Managed care organization" means a person:
(a) licensed as a health maintenance organization under Chapter 8, Health Maintenance
Organizations and Limited Health Plans; or
(b) (i) licensed under:
(A) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
(B) Chapter 7, Nonprofit Health Service Insurance Corporations; or
(C) Chapter 14, Foreign Insurers; and
(ii) that requires an enrollee to use, or offers incentives, including financial incentives,
for an enrollee to use, network providers.
(120) "Medical malpractice insurance" means insurance against legal liability incident
to the practice and provision of a medical service other than the practice and provision of a
dental service.
(121) "Member" means a person having membership rights in an insurance
corporation.
(122) "Minimum capital" or "minimum required capital" means the capital that must be
constantly maintained by a stock insurance corporation as required by statute.
(123) "Mortgage accident and health insurance" means insurance offered in connection
with an extension of credit that provides indemnity for payments coming due on a mortgage
while the debtor has a disability.
(124) "Mortgage guaranty insurance" means surety insurance under which a mortgagee
or other creditor is indemnified against losses caused by the default of a debtor.
(125) "Mortgage life insurance" means insurance on the life of a debtor in connection
with an extension of credit that pays if the debtor dies.
(126) "Motor club" means a person:
(a) licensed under:
(i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
(ii) Chapter 11, Motor Clubs; or
(iii) Chapter 14, Foreign Insurers; and
(b) that promises for an advance consideration to provide for a stated period of time
one or more:
(i) legal services under Subsection 
31A-11-102
(1)(b);
(ii) bail services under Subsection 
31A-11-102
(1)(c); or
(iii) (A) trip reimbursement;
(B) towing services;
(C) emergency road services;
(D) stolen automobile services;
(E) a combination of the services listed in Subsections (126)(b)(iii)(A) through (D); or
(F) other services given in Subsections 
31A-11-102
(1)(b) through (f).
(127) "Mutual" means a mutual insurance corporation.
(128) "NAIC" means the National Association of Insurance Commissioners.
(129) "NAIC liquidity stress test framework" means a NAIC publication that includes:
(a) a history of the NAIC's development of regulatory liquidity stress testing;
(b) the scope criteria applicable for a specific data year; and
(c) the liquidity stress test instructions and reporting templates for a specific data year,
as adopted by the NAIC and as amended by the NAIC in accordance with NAIC procedures.
(130) "Network plan" means health care insurance:
(a) that is issued by an insurer; and
(b) under which the financing and delivery of medical care is provided, in whole or in
part, through a defined set of providers under contract with the insurer, including the financing
and delivery of an item paid for as medical care.
(131) "Network provider" means a health care provider who has an agreement with a
managed care organization to provide health care services to an enrollee with an expectation of
receiving payment, other than coinsurance, copayments, or deductibles, directly from the
managed care organization.
(132) "Nonparticipating" means a plan of insurance under which the insured is not
entitled to receive a dividend representing a share of the surplus of the insurer.
(133) "Ocean marine insurance" means insurance against loss of or damage to:
(a) ships or hulls of ships;
(b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money,
securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia
interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
(c) earnings such as freight, passage money, commissions, or profits derived from
transporting goods or people upon or across the oceans or inland waterways; or
(d) a vessel owner or operator as a result of liability to employees, passengers, bailors,
owners of other vessels, owners of fixed objects, customs or other authorities, or other persons
in connection with maritime activity.
(134) "Order" means an order of the commissioner.
(135) "ORSA guidance manual" means the current version of the Own Risk and
Solvency Assessment Guidance Manual developed and adopted by the National Association of
Insurance Commissioners and as amended from time to time.
(136) "ORSA summary report" means a confidential high-level summary of an insurer
or insurance group's own risk and solvency assessment.
(137) "Outline of coverage" means a summary that explains an accident and health
insurance policy.
(138) "Own risk and solvency assessment" means an insurer or insurance group's
confidential internal assessment:
(a) (i) of each material and relevant risk associated with the insurer or insurance group;
(ii) of the insurer or insurance group's current business plan to support each risk
described in Subsection (138)(a)(i); and
(iii) of the sufficiency of capital resources to support each risk described in Subsection
(138)(a)(i); and
(b) that is appropriate to the nature, scale, and complexity of an insurer or insurance
group.
(139) "Participating" means a plan of insurance under which the insured is entitled to
receive a dividend representing a share of the surplus of the insurer.
(140) "Participation," as used in a health benefit plan, means a requirement relating to
the minimum percentage of eligible employees that must be enrolled in relation to the total
number of eligible employees of an employer reduced by each eligible employee who
voluntarily declines coverage under the plan because the employee:
(a) has other group health care insurance coverage; or
(b) receives:
(i) Medicare, under the Health Insurance for the Aged Act, Title XVIII of the Social
Security Amendments of 1965; or
(ii) another government health benefit.
(141) "Person" includes:
(a) an individual;
(b) a partnership;
(c) a corporation;
(d) an incorporated or unincorporated association;
(e) a joint stock company;
(f) a trust;
(g) a limited liability company;
(h) a reciprocal;
(i) a syndicate; or
(j) another similar entity or combination of entities acting in concert.
(142) "Personal lines insurance" means property and casualty insurance coverage sold
for primarily noncommercial purposes to:
(a) an individual; or
(b) a family.
(143) "Plan sponsor" means the same as that term is defined in 29 U.S.C. Sec.
1002(16)(B).
(144) "Plan year" means:
(a) the year that is designated as the plan year in:
(i) the plan document of a group health plan; or
(ii) a summary plan description of a group health plan;
(b) if the plan document or summary plan description does not designate a plan year or
there is no plan document or summary plan description:
(i) the year used to determine deductibles or limits;
(ii) the policy year, if the plan does not impose deductibles or limits on a yearly basis;
or
(iii) the employer's taxable year if:
(A) the plan does not impose deductibles or limits on a yearly basis; and
(B) (I) the plan is not insured; or
(II) the insurance policy is not renewed on an annual basis; or
(c) in a case not described in Subsection (144)(a) or (b), the calendar year.
(145) (a) "Policy" means a document, including an attached endorsement or application
that:
(i) purports to be an enforceable contract; and
(ii) memorializes in writing some or all of the terms of an insurance contract.
(b) "Policy" includes a service contract issued by:
(i) a motor club under Chapter 11, Motor Clubs;
(ii) a service contract provided under Chapter 6a, Service Contracts; and
(iii) a corporation licensed under:
(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans.
(c) "Policy" does not include:
(i) a certificate under a group insurance contract; or
(ii) a document that does not purport to have legal effect.
(146) "Policyholder" means a person who controls a policy, binder, or oral contract by
ownership, premium payment, or otherwise.
(147) "Policy illustration" means a presentation or depiction that includes
nonguaranteed elements of a policy offering life insurance over a period of years.
(148) "Policy summary" means a synopsis describing the elements of a life insurance
policy.
(149) "PPACA" means the Patient Protection and Affordable Care Act, Pub. L. No.
111-148 and the Health Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, and
related federal regulations and guidance.
(150) "Preexisting condition," with respect to health care insurance:
(a) means a condition that was present before the effective date of coverage, whether or
not medical advice, diagnosis, care, or treatment was recommended or received before that day;
and
(b) does not include a condition indicated by genetic information unless an actual
diagnosis of the condition by a physician has been made.
(151) (a) "Premium" means the monetary consideration for an insurance policy.
(b) "Premium" includes, however designated:
(i) an assessment;
(ii) a membership fee;
(iii) a required contribution; or
(iv) monetary consideration.
(c) (i) "Premium" does not include consideration paid to a third party administrator for
the third party administrator's services.
(ii) "Premium" includes an amount paid by a third party administrator to an insurer for
insurance on the risks administered by the third party administrator.
(152) "Principal officers" for a corporation means the officers designated under
Subsection 
31A-5-203
(3).
(153) "Proceeding" includes an action or special statutory proceeding.
(154) "Professional liability insurance" means insurance against legal liability incident
to the practice of a profession and provision of a professional service.
(155) (a) "Property insurance" means insurance against loss or damage to real or
personal property of every kind and any interest in that property:
(i) from all hazards or causes; and
(ii) against loss consequential upon the loss or damage including vehicle
comprehensive and vehicle physical damage coverages.
(b) "Property insurance" does not include:
(i) inland marine insurance; and
(ii) ocean marine insurance.
(156) "Qualified long-term care insurance contract" or "federally tax qualified
long-term care insurance contract" means:
(a) an individual or group insurance contract that meets the requirements of Section
7702B(b), Internal Revenue Code; or
(b) the portion of a life insurance contract that provides long-term care insurance:
(i) (A) by rider; or
(B) as a part of the contract; and
(ii) that satisfies the requirements of Sections 7702B(b) and (e), Internal Revenue
Code.
(157) "Qualified United States financial institution" means an institution that:
(a) is:
(i) organized under the laws of the United States or any state; or
(ii) in the case of a United States office of a foreign banking organization, licensed
under the laws of the United States or any state;
(b) is regulated, supervised, and examined by a United States federal or state authority
having regulatory authority over a bank or trust company; and
(c) meets the standards of financial condition and standing that are considered
necessary and appropriate to regulate the quality of a financial institution whose letters of credit
will be acceptable to the commissioner as determined by:
(i) the commissioner by rule; or
(ii) the Securities Valuation Office of the National Association of Insurance
Commissioners.
(158) (a) "Rate" means:
(i) the cost of a given unit of insurance; or
(ii) for property or casualty insurance, that cost of insurance per exposure unit either
expressed as:
(A) a single number; or
(B) a pure premium rate, adjusted before the application of individual risk variations
based on loss or expense considerations to account for the treatment of:
(I) expenses;
(II) profit; and
(III) individual insurer variation in loss experience.
(b) "Rate" does not include a minimum premium.
(159) (a) "Rate service organization" means a person who assists an insurer in rate
making or filing by:
(i) collecting, compiling, and furnishing loss or expense statistics;
(ii) recommending, making, or filing rates or supplementary rate information; or
(iii) advising about rate questions, except as an attorney giving legal advice.
(b) "Rate service organization" does not include:
(i) an employee of an insurer;
(ii) a single insurer or group of insurers under common control;
(iii) a joint underwriting group; or
(iv) an individual serving as an actuarial or legal consultant.
(160) "Rating manual" means any of the following used to determine initial and
renewal policy premiums:
(a) a manual of rates;
(b) a classification;
(c) a rate-related underwriting rule; and
(d) a rating formula that describes steps, policies, and procedures for determining
initial and renewal policy premiums.
(161) (a) "Rebate" means a licensee paying, allowing, giving, or offering to pay, allow,
or give, directly or indirectly:
(i) a refund of premium or portion of premium;
(ii) a refund of commission or portion of commission;
(iii) a refund of all or a portion of a consultant fee; or
(iv) providing services or other benefits not specified in an insurance or annuity
contract.
(b) "Rebate" does not include:
(i) a refund due to termination or changes in coverage;
(ii) a refund due to overcharges made in error by the licensee; or
(iii) savings or wellness benefits as provided in the contract by the licensee.
(162) "Received by the department" means:
(a) the date delivered to and stamped received by the department, if delivered in
person;
(b) the post mark date, if delivered by mail;
(c) the delivery service's post mark or pickup date, if delivered by a delivery service;
(d) the received date recorded on an item delivered, if delivered by:
(i) facsimile;
(ii) email; or
(iii) another electronic method; or
(e) a date specified in:
(i) a statute;
(ii) a rule; or
(iii) an order.
(163) "Reciprocal" or "interinsurance exchange" means an unincorporated association
of persons:
(a) operating through an attorney-in-fact common to all of the persons; and
(b) exchanging insurance contracts with one another that provide insurance coverage
on each other.
(164) "Reinsurance" means an insurance transaction where an insurer, for
consideration, transfers any portion of the risk it has assumed to another insurer. In referring to
reinsurance transactions, this title sometimes refers to:
(a) the insurer transferring the risk as the "ceding insurer"; and
(b) the insurer assuming the risk as the:
(i) "assuming insurer"; or
(ii) "assuming reinsurer."
(165) "Reinsurer" means a person licensed in this state as an insurer with the authority
to assume reinsurance.
(166) "Residential dwelling liability insurance" means insurance against liability
resulting from or incident to the ownership, maintenance, or use of a residential dwelling that is
a detached single family residence or multifamily residence up to four units.
(167) (a) "Retrocession" means reinsurance with another insurer of a liability assumed
under a reinsurance contract.
(b) A reinsurer "retrocedes" when the reinsurer reinsures with another insurer part of a
liability assumed under a reinsurance contract.
(168) "Rider" means an endorsement to:
(a) an insurance policy; or
(b) an insurance certificate.
(169) "Scope criteria" means the designated exposure bases and minimum magnitudes
for a specified data year that are used to establish a preliminary list of insurers considered
scoped into the NAIC liquidity stress test framework for that data year.
(170) "Secondary medical condition" means a complication related to an exclusion
from coverage in accident and health insurance.
(171) (a) "Security" means a:
(i) note;
(ii) stock;
(iii) bond;
(iv) debenture;
(v) evidence of indebtedness;
(vi) certificate of interest or participation in a profit-sharing agreement;
(vii) collateral-trust certificate;
(viii) preorganization certificate or subscription;
(ix) transferable share;
(x) investment contract;
(xi) voting trust certificate;
(xii) certificate of deposit for a security;
(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in
payments out of production under such a title or lease;
(xiv) commodity contract or commodity option;
(xv) certificate of interest or participation in, temporary or interim certificate for,
receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed
in Subsections (171)(a)(i) through (xiv); or
(xvi) another interest or instrument commonly known as a security.
(b) "Security" does not include:
(i) any of the following under which an insurance company promises to pay money in a
specific lump sum or periodically for life or some other specified period:
(A) insurance;
(B) an endowment policy; or
(C) an annuity contract; or
(ii) a burial certificate or burial contract.
(172) "Securityholder" means a specified person who owns a security of a person,
including:
(a) common stock;
(b) preferred stock;
(c) debt obligations; and
(d) any other security convertible into or evidencing the right of any of the items listed
in this Subsection (172).
(173) (a) "Self-insurance" means an arrangement under which a person provides for
spreading the person's own risks by a systematic plan.
(b) "Self-insurance" includes:
(i) an arrangement under which a governmental entity undertakes to indemnify an
employee for liability arising out of the employee's employment; and
(ii) an arrangement under which a person with a managed program of self-insurance
and risk management undertakes to indemnify the person's affiliate, subsidiary, director,
officer, or employee for liability or risk that arises out of the person's relationship with the
affiliate, subsidiary, director, officer, or employee.
(c) "Self-insurance" does not include:
(i) an arrangement under which a number of persons spread their risks among
themselves; or
(ii) an arrangement with an independent contractor.
(174) "Sell" means to exchange a contract of insurance:
(a) by any means;
(b) for money or its equivalent; and
(c) on behalf of an insurance company.
(175) "Short-term limited duration health insurance" means a health benefit product
that:
(a) after taking into account any renewals or extensions, has a total duration of no more
than 36 months; and
(b) has an expiration date specified in the contract that is less than 12 months after the
original effective date of coverage under the health benefit product.
(176) "Significant break in coverage" means a period of 63 consecutive days during
each of which an individual does not have creditable coverage.
(177) (a) "Small employer" means, in connection with a health benefit plan and with
respect to a calendar year and to a plan year, an employer who:
(i) (A) employed at least one but not more than 50 eligible employees on business days
during the preceding calendar year; or
(B) if the employer did not exist for the entirety of the preceding calendar year,
reasonably expects to employ an average of at least one but not more than 50 eligible
employees on business days during the current calendar year;
(ii) employs at least one employee on the first day of the plan year; and
(iii) for an employer who has common ownership with one or more other employers, is
treated as a single employer under 26 U.S.C. Sec. 414(b), (c), (m), or (o).
(b) "Small employer" does not include an owner or a sole proprietor that does not
employ at least one employee.
(178) "Special enrollment period," in connection with a health benefit plan, has the
same meaning as provided in federal regulations adopted pursuant to the Health Insurance
Portability and Accountability Act.
(179) (a) "Subsidiary" of a person means an affiliate controlled by that person either
directly or indirectly through one or more affiliates or intermediaries.
(b) "Wholly owned subsidiary" of a person is a subsidiary of which all of the voting
shares are owned by that person either alone or with its affiliates, except for the minimum
number of shares the law of the subsidiary's domicile requires to be owned by directors or
others.
(180) Subject to Subsection (92)(b), "surety insurance" includes:
(a) a guarantee against loss or damage resulting from the failure of a principal to pay or
perform the principal's obligations to a creditor or other obligee;
(b) bail bond insurance; and
(c) fidelity insurance.
(181) (a) "Surplus" means the excess of assets over the sum of paid-in capital and
liabilities.
(b) (i) "Permanent surplus" means the surplus of an insurer or organization that is
designated by the insurer or organization as permanent.
(ii) Sections 
31A-5-211
, 
31A-7-201
, 
31A-8-209
, 
31A-9-209
, and 
31A-14-205
 require
that insurers or organizations doing business in this state maintain specified minimum levels of
permanent surplus.
(iii) Except for assessable mutuals, the minimum permanent surplus requirement is the
same as the minimum required capital requirement that applies to stock insurers.
(c) "Excess surplus" means:
(i) for a life insurer, accident and health insurer, health organization, or property and
casualty insurer as defined in Section 
31A-17-601
, the lesser of:
(A) that amount of an insurer's or health organization's total adjusted capital that
exceeds the product of:
(I) 2.5; and
(II) the sum of the insurer's or health organization's minimum capital or permanent
surplus required under Section 
31A-5-211
, 
31A-9-209
, or 
31A-14-205
; or
(B) that amount of an insurer's or health organization's total adjusted capital that
exceeds the product of:
(I) 3.0; and
(II) the authorized control level RBC as defined in Subsection 
31A-17-601
(8)(a); and
(ii) for a monoline mortgage guaranty insurer, financial guaranty insurer, or title insurer
that amount of an insurer's paid-in-capital and surplus that exceeds the product of:
(A) 1.5; and
(B) the insurer's total adjusted capital required by Subsection 
31A-17-609
(1).
(182) "Third party administrator" or "administrator" means a person who collects
charges or premiums from, or who, for consideration, adjusts or settles claims of residents of
the state in connection with insurance coverage, annuities, or service insurance coverage,
except:
(a) a union on behalf of its members;
(b) a person administering a:
(i) pension plan subject to the federal Employee Retirement Income Security Act of
1974;
(ii) governmental plan as defined in Section 414(d), Internal Revenue Code; or
(iii) nonelecting church plan as described in Section 410(d), Internal Revenue Code;
(c) an employer on behalf of the employer's employees or the employees of one or
more of the subsidiary or affiliated corporations of the employer;
(d) an insurer licensed under the following, but only for a line of insurance for which
the insurer holds a license in this state:
(i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
(ii) Chapter 7, Nonprofit Health Service Insurance Corporations;
(iii) Chapter 8, Health Maintenance Organizations and Limited Health Plans;
(iv) Chapter 9, Insurance Fraternals; or
(v) Chapter 14, Foreign Insurers;
(e) a person:
(i) licensed or exempt from licensing under:
(A) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and
Reinsurance Intermediaries; or
(B) Chapter 26, Insurance Adjusters; and
(ii) whose activities are limited to those authorized under the license the person holds
or for which the person is exempt; or
(f) an institution, bank, or financial institution:
(i) that is:
(A) an institution whose deposits and accounts are to any extent insured by a federal
deposit insurance agency, including the Federal Deposit Insurance Corporation or National
Credit Union Administration; or
(B) a bank or other financial institution that is subject to supervision or examination by
a federal or state banking authority; and
(ii) that does not adjust claims without a third party administrator license.
(183) "Title insurance" means the insuring, guaranteeing, or indemnifying of an owner
of real or personal property or the holder of liens or encumbrances on that property, or others
interested in the property against loss or damage suffered by reason of liens or encumbrances
upon, defects in, or the unmarketability of the title to the property, or invalidity or
unenforceability of any liens or encumbrances on the property.
(184) "Total adjusted capital" means the sum of an insurer's or health organization's
statutory capital and surplus as determined in accordance with:
(a) the statutory accounting applicable to the annual financial statements required to be
filed under Section 
31A-4-113
; and
(b) another item provided by the RBC instructions, as RBC instructions is defined in
Section 
31A-17-601
.
(185) (a) "Trustee" means "director" when referring to the board of directors of a
corporation.
(b) "Trustee," when used in reference to an employee welfare fund, means an
individual, firm, association, organization, joint stock company, or corporation, whether acting
individually or jointly and whether designated by that name or any other, that is charged with
or has the overall management of an employee welfare fund.
(186) (a) "Unauthorized insurer," "unadmitted insurer," or "nonadmitted insurer"
means an insurer:
(i) not holding a valid certificate of authority to do an insurance business in this state;
or
(ii) transacting business not authorized by a valid certificate.
(b) "Admitted insurer" or "authorized insurer" means an insurer:
(i) holding a valid certificate of authority to do an insurance business in this state; and
(ii) transacting business as authorized by a valid certificate.
(187) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.
(188) "Vehicle liability insurance" means insurance against liability resulting from or
incident to ownership, maintenance, or use of a land vehicle or aircraft, exclusive of a vehicle
comprehensive or vehicle physical damage coverage described in Subsection (155).
(189) "Voting security" means a security with voting rights, and includes a security
convertible into a security with a voting right associated with the security.
(190) "Waiting period" for a health benefit plan means the period that must pass before
coverage for an individual, who is otherwise eligible to enroll under the terms of the health
benefit plan, can become effective.
(191) "Workers' compensation insurance" means:
(a) insurance for indemnification of an employer against liability for compensation
based on:
(i) a compensable accidental injury; and
(ii) occupational disease disability;
(b) employer's liability insurance incidental to workers' compensation insurance and
written in connection with workers' compensation insurance; and
(c) insurance assuring to a person entitled to workers' compensation benefits the
compensation provided by law.
Section 92. Section 
31A-4-106
 is amended to read:
31A-4-106.
Provision of health care.
(1) As used in this section, "health care provider" has the same definition as in Section
78B-3-403
.
(2) Except under Subsection (3) or (4), unless authorized to do so or employed by
someone authorized to do so under Chapter 5, Domestic Stock and Mutual Insurance
Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health
Maintenance Organizations and Limited Health Plans, Chapter 9, Insurance Fraternals, or
Chapter 14, Foreign Insurers, a person may not:
(a) directly or indirectly provide health care;
(b) arrange for health care;
(c) manage or administer the provision or arrangement of health care;
(d) collect advance payments for health care; or
(e) compensate a provider of health care.
(3) Subsection (2) does not apply to:
(a) a natural person or professional corporation that alone or with others professionally
associated with the natural person or professional corporation, and except as provided in
Subsection (3)(e), without receiving consideration for services in advance of the need for a
particular service, provides the service personally with the aid of nonprofessional assistants;
(b) a health care facility as defined in Section [
26-21-2
] 
26B-2-201
 that:
(i) is licensed or exempt from licensing under [
Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility
Licensing and Inspection
; and
(ii) does not engage in health care insurance as defined under Section 
31A-1-301
;
(c) a person who files with the commissioner a certificate from the United States
Department of Labor, or other evidence satisfactory to the commissioner, showing that the laws
of Utah are preempted under Section 514 of the Employee Retirement Income Security Act of
1974 or other federal law;
(d) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers,
Consultants, and Reinsurance Intermediaries, who arranges for the insurance of all services
under:
(i) Subsection (2) by an insurer authorized to do business in Utah; or
(ii) Section 
31A-15-103
; or
(e) notwithstanding the provisions of Subsection (3)(a), a natural person or
professional corporation that alone or with others professionally associated with the natural
person or professional corporation enters into a medical retainer agreement in accordance with
Section 
31A-4-106.5
.
(4) A person may not provide administrative or management services for another
person subject to Subsection (2) and not exempt under Subsection (3) unless the person:
(a) is an authorized insurer under Chapter 5, Domestic Stock and Mutual Insurance
Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health
Maintenance Organizations and Limited Health Plans, Chapter 9, Insurance Fraternals, or
Chapter 14, Foreign Insurers; or
(b) complies with Chapter 25, Third Party Administrators.
(5) An insurer or person who provides, administers, or manages health care insurance
under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 7, Nonprofit
Health Service Insurance Corporations, Chapter 8, Health Maintenance Organizations and
Limited Health Plans, Chapter 9, Insurance Fraternals, or Chapter 14, Foreign Insurers, may not
enter into a contract that limits a health care provider's ability to advise the health care
provider's patients or clients fully about treatment options or other issues that affect the health
care of the health care provider's patients or clients.
Section 93. Section 
31A-4-107.5
 is amended to read:
31A-4-107.5.
Penalty for failure of a regulated health insurance entity to fulfill
duties related to state claims for Medicaid payment or recovery.
(1) For purposes of this section, "regulated health insurance entity" means a health
insurance entity, as defined in Section [
26-19-102
] 
26B-3-1001
, that is subject to regulation by
the department.
(2) If a regulated health insurance entity fails to comply with the provisions of Section
[
26-19-301
] 
26B-3-1004
:
(a) the commissioner may revoke or suspend, in whole or in part, a license, certificate
of authority, registration, or other authority that is granted by the commissioner to the regulated
health insurance entity; and
(b) the regulated health insurance entity is subject to the penalties and procedures
provided for in Section 
31A-2-308
.
Section 94. Section 
31A-8-104
 is amended to read:
31A-8-104.
Determination of ability to provide services.
(1) The commissioner may not issue a certificate of authority to an applicant for a
certificate of authority under this chapter unless the applicant demonstrates to the
commissioner that the applicant has:
(a) the willingness and potential ability to furnish the proposed health care services in a
manner to assure both availability and accessibility of adequate personnel and facilities and
continuity of service; and
(b) arrangements for an ongoing quality of health care assurance program concerning
health care processes and outcomes.
(2) (a) In accordance with Sections 
31A-2-203
 and 
31A-2-204
, the commissioner may
order an independent audit or examination by one or more technical experts to determine an
applicant's ability to provide the proposed health care services as described in Subsection (1).
(b) In accordance with Section 
31A-2-205
, an applicant shall reimburse the
commissioner for the reasonable cost of an independent audit or examination.
(3) Licensing under this chapter does not exempt an organization from any licensing
requirement applicable under [
Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
.
Section 95. Section 
31A-15-103
 is amended to read:
31A-15-103.
Surplus lines insurance -- Unauthorized insurers.
(1) Notwithstanding Section 
31A-15-102
, when this state is the home state as defined
in Section 
31A-3-305
, a nonadmitted insurer may make an insurance contract for coverage of a
person in this state and on a risk located in this state, subject to the limitations and
requirements of this section.
(2) (a) For a contract made under this section, the insurer may, in this state:
(i) inspect the risks to be insured;
(ii) collect premiums;
(iii) adjust losses; and
(iv) do another act reasonably incidental to the contract.
(b) An act described in Subsection (2)(a) may be done through:
(i) an employee; or
(ii) an independent contractor.
(3) (a) Subsections (1) and (2) do not permit a person to solicit business in this state on
behalf of an insurer that has no certificate of authority.
(b) Insurance placed with a nonadmitted insurer shall be placed by a surplus lines
producer licensed under Chapter 23a, Insurance Marketing - Licensing Producers, Consultants,
and Reinsurance Intermediaries.
(c) The commissioner may by rule prescribe how a surplus lines producer may:
(i) pay or permit the payment, commission, or other remuneration on insurance placed
by the surplus lines producer under authority of the surplus lines producer's license to one
holding a license to act as an insurance producer; and
(ii) advertise the availability of the surplus lines producer's services in procuring, on
behalf of a person seeking insurance, a contract with a nonadmitted insurer.
(4) For a contract made under this section, a nonadmitted insurer is subject to Sections
31A-23a-402
, 
31A-23a-402.5
, and 
31A-23a-403
 and the rules adopted under those sections.
(5) A nonadmitted insurer may not issue workers' compensation insurance coverage to
an employer located in this state, except:
(a) for stop loss coverage issued to an employer securing workers' compensation under
Subsection 
34A-2-201
(2);
(b) a cannabis production establishment as defined in Section 
4-41a-102
; or
(c) a medical cannabis pharmacy as defined in Section [
26-61a-102
] 
26B-4-201
.
(6) (a) The commissioner may by rule prohibit making a contract under Subsection (1)
for a specified class of insurance if authorized insurers provide an established market for the
class in this state that is adequate and reasonably competitive.
(b) The commissioner may by rule place a restriction or a limitation on and create
special procedures for making a contract under Subsection (1) for a specified class of insurance
if:
(i) there have been abuses of placements in the class; or
(ii) the policyholders in the class, because of limited financial resources, business
experience, or knowledge, cannot protect their own interests adequately.
(c) The commissioner may prohibit an individual insurer from making a contract under
Subsection (1) and all insurance producers from dealing with the insurer if:
(i) the insurer willfully violates:
(A) this section;
(B) Section 
31A-4-102
, 
31A-23a-402
, 
31A-23a-402.5
, or 
31A-26-303
; or
(C) a rule adopted under a section listed in Subsection (6)(c)(i)(A) or (B);
(ii) the insurer fails to pay the fees and taxes specified under Section 
31A-3-301
; or
(iii) the commissioner has reason to believe that the insurer is:
(A) in an unsound condition;
(B) operated in a fraudulent, dishonest, or incompetent manner; or
(C) in violation of the law of its domicile.
(d) (i) The commissioner may issue one or more lists of nonadmitted foreign insurers
whose:
(A) solidity the commissioner doubts; or
(B) practices the commissioner considers objectionable.
(ii) The commissioner shall issue one or more lists of nonadmitted foreign insurers the
commissioner considers to be reliable and solid.
(iii) In addition to the lists described in Subsections (6)(d)(i) and (ii), the commissioner
may issue other relevant evaluations of nonadmitted insurers.
(iv) An action may not lie against the commissioner or an employee of the department
for a written or oral communication made in, or in connection with the issuance of, a list or
evaluation described in this Subsection (6)(d).
(e) A foreign nonadmitted insurer shall be listed on the commissioner's "reliable" list
only if the nonadmitted insurer:
(i) delivers a request to the commissioner to be on the list;
(ii) establishes satisfactory evidence of good reputation and financial integrity;
(iii) (A) delivers to the commissioner a copy of the nonadmitted insurer's current
annual statement certified by the insurer and, each subsequent year, delivers to the
commissioner a copy of the nonadmitted insurer's annual statement within 60 days after the day
on which the nonadmitted insurer files the annual statement with the insurance regulatory
authority where the nonadmitted insurer is domiciled; or
(B) files the nonadmitted insurer's annual statements with the National Association of
Insurance Commissioners and the nonadmitted insurer's annual statements are available
electronically from the National Association of Insurance Commissioners;
(iv) (A) is in substantial compliance with the solvency standards in Chapter 17, Part 6,
Risk-Based Capital, or maintains capital and surplus of at least $15,000,000, whichever is
greater; or
(B) in the case of any "Lloyd's" or other similar incorporated or unincorporated group
of alien individual insurers, maintains a trust fund that:
(I) shall be in an amount not less than $50,000,000 as security to its full amount for all
policyholders and creditors in the United States of each member of the group;
(II) may consist of cash, securities, or investments of substantially the same character
and quality as those which are "qualified assets" under Section 
31A-17-201
; and
(III) may include as part of this trust arrangement a letter of credit that qualifies as
acceptable security under Section 
31A-17-404.1
; and
(v) for an alien insurer not domiciled in the United States or a territory of the United
States, is listed on the Quarterly Listing of Alien Insurers maintained by the National
Association of Insurance Commissioners International Insurers Department.
(7) (a) Subject to Subsection (7)(b), a surplus lines producer may not, either knowingly
or without reasonable investigation of the financial condition and general reputation of the
insurer, place insurance under this section with:
(i) a financially unsound insurer;
(ii) an insurer engaging in unfair practices; or
(iii) an otherwise substandard insurer.
(b) A surplus line producer may place insurance under this section with an insurer
described in Subsection (7)(a) if the surplus line producer:
(i) gives the applicant notice in writing of the known deficiencies of the insurer or the
limitations on the surplus line producer's investigation; and
(ii) explains the need to place the business with that insurer.
(c) A copy of the notice described in Subsection (7)(b) shall be kept in the office of the
surplus line producer for at least five years.
(d) To be financially sound, an insurer shall satisfy standards that are comparable to
those applied under the laws of this state to an authorized insurer.
(e) An insurer on the "doubtful or objectionable" list under Subsection (6)(d) or an
insurer not on the commissioner's "reliable" list under Subsection (6)(e) is presumed
substandard.
(8) (a) A policy issued under this section shall:
(i) include a description of the subject of the insurance; and
(ii) indicate:
(A) the coverage, conditions, and term of the insurance;
(B) the premium charged the policyholder;
(C) the premium taxes to be collected from the policyholder; and
(D) the name and address of the policyholder and insurer.
(b) If the direct risk is assumed by more than one insurer, the policy shall state:
(i) the names and addresses of all insurers; and
(ii) the portion of the entire direct risk each assumes.
(c) A policy issued under this section shall have attached or affixed to the policy the
following statement: "The insurer issuing this policy does not hold a certificate of authority to
do business in this state and thus is not fully subject to regulation by the Utah insurance
commissioner. This policy receives no protection from any of the guaranty associations created
under Title 31A, Chapter 28, Guaranty Associations."
(9) Upon placing a new or renewal coverage under this section, a surplus lines
producer shall promptly deliver to the policyholder or the policyholder's agent evidence of the
insurance consisting either of:
(a) the policy as issued by the insurer; or
(b) if the policy is not available upon placing the coverage, a certificate, cover note, or
other confirmation of insurance complying with Subsection (8).
(10) If the commissioner finds it necessary to protect the interests of insureds and the
public in this state, the commissioner may by rule subject a policy issued under this section to
as much of the regulation provided by this title as is required for a comparable policy written
by an authorized foreign insurer.
(11) (a) A surplus lines transaction in this state shall be examined to determine whether
it complies with:
(i) the surplus lines tax levied under Chapter 3, Department Funding, Fees, and Taxes;
(ii) the solicitation limitations of Subsection (3);
(iii) the requirement of Subsection (3) that placement be through a surplus lines
producer;
(iv) placement limitations imposed under Subsections (6)(a), (b), and (c); and
(v) the policy form requirements of Subsections (8) and (10).
(b) The examination described in Subsection (11)(a) shall take place as soon as
practicable after the transaction. The surplus lines producer shall submit to the examiner
information necessary to conduct the examination within a period specified by rule.
(c) (i) The examination described in Subsection (11)(a) may be conducted by the
commissioner or by an advisory organization created under Section 
31A-15-111
 and authorized
by the commissioner to conduct these examinations. The commissioner is not required to
authorize an additional advisory organization to conduct an examination under this Subsection
(11)(c).
(ii) The commissioner's authorization of one or more advisory organizations to act as
examiners under this Subsection (11)(c) shall be:
(A) by rule; and
(B) evidenced by a contract, on a form provided by the commissioner, between the
authorized advisory organization and the department.
(d) (i) (A) A person conducting the examination described in Subsection (11)(a) shall
collect a stamping fee of an amount not to exceed 1% of the policy premium payable in
connection with the transaction.
(B) A stamping fee collected by the commissioner shall be deposited in the General
Fund.
(C) The commissioner shall establish a stamping fee by rule.
(ii) A stamping fee collected by an advisory organization is the property of the advisory
organization to be used in paying the expenses of the advisory organization.
(iii) Liability for paying a stamping fee is as required under Subsection 
31A-3-303
(1)
for taxes imposed under Section 
31A-3-301
.
(iv) The commissioner shall adopt a rule dealing with the payment of stamping fees. If
a stamping fee is not paid when due, the commissioner or advisory organization may impose a
penalty of 25% of the stamping fee due, plus 1-1/2% per month from the time of default until
full payment of the stamping fee.
(e) The commissioner, representatives of the department, advisory organizations,
representatives and members of advisory organizations, authorized insurers, and surplus lines
insurers are not liable for damages on account of statements, comments, or recommendations
made in good faith in connection with their duties under this Subsection (11)(e) or under
Section 
31A-15-111
.
(f) An examination conducted under this Subsection (11) and a document or materials
related to the examination are confidential.
(12) (a) For a surplus lines insurance transaction in the state entered into on or after
May 13, 2014, if an audit is required by the surplus lines insurance policy, a surplus lines
insurer:
(i) shall exercise due diligence to initiate an audit of an insured, to determine whether
additional premium is owed by the insured, by no later than six months after the expiration of
the term for which premium is paid; and
(ii) may not audit an insured more than three years after the surplus lines insurance
policy expires.
(b) A surplus lines insurer that does not comply with this Subsection (12) may not
charge or collect additional premium in excess of the premium agreed to under the surplus
lines insurance policy.
Section 96. Section 
31A-22-305
 is amended to read:
31A-22-305.
Uninsured motorist coverage.
(1) As used in this section, "covered persons" includes:
(a) the named insured;
(b) for a claim arising on or after May 13, 2014, the named insured's dependent minor
children;
(c) persons related to the named insured by blood, marriage, adoption, or guardianship,
who are residents of the named insured's household, including those who usually make their
home in the same household but temporarily live elsewhere;
(d) any person occupying or using a motor vehicle:
(i) referred to in the policy; or
(ii) owned by a self-insured; and
(e) any person who is entitled to recover damages against the owner or operator of the
uninsured or underinsured motor vehicle because of bodily injury to or death of persons under
Subsection (1)(a), (b), (c), or (d).
(2) As used in this section, "uninsured motor vehicle" includes:
(a) (i) a motor vehicle, the operation, maintenance, or use of which is not covered
under a liability policy at the time of an injury-causing occurrence; or
(ii) (A) a motor vehicle covered with lower liability limits than required by Section
31A-22-304
; and
(B) the motor vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the extent of
the deficiency;
(b) an unidentified motor vehicle that left the scene of an accident proximately caused
by the motor vehicle operator;
(c) a motor vehicle covered by a liability policy, but coverage for an accident is
disputed by the liability insurer for more than 60 days or continues to be disputed for more than
60 days; or
(d) (i) an insured motor vehicle if, before or after the accident, the liability insurer of
the motor vehicle is declared insolvent by a court of competent jurisdiction; and
(ii) the motor vehicle described in Subsection (2)(d)(i) is uninsured only to the extent
that the claim against the insolvent insurer is not paid by a guaranty association or fund.
(3) Uninsured motorist coverage under Subsection 
31A-22-302
(1)(b) provides
coverage for covered persons who are legally entitled to recover damages from owners or
operators of uninsured motor vehicles because of bodily injury, sickness, disease, or death.
(4) (a) For new policies written on or after January 1, 2001, the limits of uninsured
motorist coverage shall be equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum uninsured motorist coverage limits available by the insurer
under the named insured's motor vehicle policy, unless a named insured rejects or purchases
coverage in a lesser amount by signing an acknowledgment form that:
(i) is filed with the department;
(ii) is provided by the insurer;
(iii) waives the higher coverage;
(iv) need only state in this or similar language that uninsured motorist coverage
provides benefits or protection to you and other covered persons for bodily injury resulting
from an accident caused by the fault of another party where the other party has no liability
insurance; and
(v) discloses the additional premiums required to purchase uninsured motorist
coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum uninsured motorist coverage limits available by the insurer
under the named insured's motor vehicle policy.
(b) Any selection or rejection under this Subsection (4) continues for that issuer of the
liability coverage until the insured requests, in writing, a change of uninsured motorist
coverage from that liability insurer.
(c) (i) Subsections (4)(a) and (b) apply retroactively to any claim arising on or after
January 1, 2001, for which, as of May 14, 2013, an insured has not made a written demand for
arbitration or filed a complaint in a court of competent jurisdiction.
(ii) The Legislature finds that the retroactive application of Subsections (4)(a) and (b)
clarifies legislative intent and does not enlarge, eliminate, or destroy vested rights.
(d) For purposes of this Subsection (4), "new policy" means:
(i) any policy that is issued which does not include a renewal or reinstatement of an
existing policy; or
(ii) a change to an existing policy that results in:
(A) a named insured being added to or deleted from the policy; or
(B) a change in the limits of the named insured's motor vehicle liability coverage.
(e) (i) As used in this Subsection (4)(e), "additional motor vehicle" means a change
that increases the total number of vehicles insured by the policy, and does not include
replacement, substitute, or temporary vehicles.
(ii) The adding of an additional motor vehicle to an existing personal lines or
commercial lines policy does not constitute a new policy for purposes of Subsection (4)(d).
(iii) If an additional motor vehicle is added to a personal lines policy where uninsured
motorist coverage has been rejected, or where uninsured motorist limits are lower than the
named insured's motor vehicle liability limits, the insurer shall provide a notice to a named
insured within 30 days that:
(A) in the same manner as described in Subsection (4)(a)(iv), explains the purpose of
uninsured motorist coverage; and
(B) encourages the named insured to contact the insurance company or insurance
producer for quotes as to the additional premiums required to purchase uninsured motorist
coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum uninsured motorist coverage limits available by the insurer
under the named insured's motor vehicle policy.
(f) A change in policy number resulting from any policy change not identified under
Subsection (4)(d)(ii) does not constitute a new policy.
(g) (i) Subsection (4)(d) applies retroactively to any claim arising on or after January 1,
2001, for which, as of May 1, 2012, an insured has not made a written demand for arbitration
or filed a complaint in a court of competent jurisdiction.
(ii) The Legislature finds that the retroactive application of Subsection (4):
(A) does not enlarge, eliminate, or destroy vested rights; and
(B) clarifies legislative intent.
(h) A self-insured, including a governmental entity, may elect to provide uninsured
motorist coverage in an amount that is less than its maximum self-insured retention under
Subsections (4)(a) and (5)(a) by issuing a declaratory memorandum or policy statement from
the chief financial officer or chief risk officer that declares the:
(i) self-insured entity's coverage level; and
(ii) process for filing an uninsured motorist claim.
(i) Uninsured motorist coverage may not be sold with limits that are less than the
minimum bodily injury limits for motor vehicle liability policies under Section 
31A-22-304
.
(j) The acknowledgment under Subsection (4)(a) continues for that issuer of the
uninsured motorist coverage until the named insured requests, in writing, different uninsured
motorist coverage from the insurer.
(k) (i) In conjunction with the first two renewal notices sent after January 1, 2001, for
policies existing on that date, the insurer shall disclose in the same medium as the premium
renewal notice, an explanation of:
(A) the purpose of uninsured motorist coverage in the same manner as described in
Subsection (4)(a)(iv); and
(B) a disclosure of the additional premiums required to purchase uninsured motorist
coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum uninsured motorist coverage limits available by the insurer
under the named insured's motor vehicle policy.
(ii) The disclosure required under Subsection (4)(k)(i) shall be sent to all named
insureds that carry uninsured motorist coverage limits in an amount less than the named
insured's motor vehicle liability policy limits or the maximum uninsured motorist coverage
limits available by the insurer under the named insured's motor vehicle policy.
(l) For purposes of this Subsection (4), a notice or disclosure sent to a named insured in
a household constitutes notice or disclosure to all insureds within the household.
(5) (a) (i) Except as provided in Subsection (5)(b), the named insured may reject
uninsured motorist coverage by an express writing to the insurer that provides liability
coverage under Subsection 
31A-22-302
(1)(a).
(ii) This rejection shall be on a form provided by the insurer that includes a reasonable
explanation of the purpose of uninsured motorist coverage.
(iii) This rejection continues for that issuer of the liability coverage until the insured in
writing requests uninsured motorist coverage from that liability insurer.
(b) (i) All persons, including governmental entities, that are engaged in the business of,
or that accept payment for, transporting natural persons by motor vehicle, and all school
districts that provide transportation services for their students, shall provide coverage for all
motor vehicles used for that purpose, by purchase of a policy of insurance or by self-insurance,
uninsured motorist coverage of at least $25,000 per person and $500,000 per accident.
(ii) This coverage is secondary to any other insurance covering an injured covered
person.
(c) Uninsured motorist coverage:
(i) does not cover any benefit paid or payable under Title 34A, Chapter 2, Workers'
Compensation Act, except that the covered person is credited an amount described in
Subsection 
34A-2-106
(5);
(ii) may not be subrogated by the workers' compensation insurance carrier, workers'
compensation insurance, uninsured employer, the Uninsured Employers Fund created in
Section 
34A-2-704
, or the Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iii) may not be reduced by any benefits provided by workers' compensation insurance,
uninsured employer, the Uninsured Employers Fund created in Section 
34A-2-704
, or the
Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iv) may be reduced by health insurance subrogation only after the covered person has
been made whole;
(v) may not be collected for bodily injury or death sustained by a person:
(A) while committing a violation of Section 
41-1a-1314
;
(B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated
in violation of Section 
41-1a-1314
; or
(C) while committing a felony; and
(vi) notwithstanding Subsection (5)(c)(v), may be recovered:
(A) for a person under 18 years old who is injured within the scope of Subsection
(5)(c)(v) but limited to medical and funeral expenses; or
(B) by a law enforcement officer as defined in Section 
53-13-103
, who is injured
within the course and scope of the law enforcement officer's duties.
(d) As used in this Subsection (5), "motor vehicle" has the same meaning as under
Section 
41-1a-102
.
(6) When a covered person alleges that an uninsured motor vehicle under Subsection
(2)(b) proximately caused an accident without touching the covered person or the motor
vehicle occupied by the covered person, the covered person shall show the existence of the
uninsured motor vehicle by clear and convincing evidence consisting of more than the covered
person's testimony.
(7) (a) The limit of liability for uninsured motorist coverage for two or more motor
vehicles may not be added together, combined, or stacked to determine the limit of insurance
coverage available to an injured person for any one accident.
(b) (i) Subsection (7)(a) applies to all persons except a covered person as defined under
Subsection (8)(b).
(ii) A covered person as defined under Subsection (8)(b)(ii) is entitled to the highest
limits of uninsured motorist coverage afforded for any one motor vehicle that the covered
person is the named insured or an insured family member.
(iii) This coverage shall be in addition to the coverage on the motor vehicle the covered
person is occupying.
(iv) Neither the primary nor the secondary coverage may be set off against the other.
(c) Coverage on a motor vehicle occupied at the time of an accident shall be primary
coverage, and the coverage elected by a person described under Subsections (1)(a), (b), and (c)
shall be secondary coverage.
(8) (a) Uninsured motorist coverage under this section applies to bodily injury,
sickness, disease, or death of covered persons while occupying or using a motor vehicle only if
the motor vehicle is described in the policy under which a claim is made, or if the motor
vehicle is a newly acquired or replacement motor vehicle covered under the terms of the policy. 
Except as provided in Subsection (7) or this Subsection (8), a covered person injured in a
motor vehicle described in a policy that includes uninsured motorist benefits may not elect to
collect uninsured motorist coverage benefits from any other motor vehicle insurance policy
under which the person is a covered person.
(b) Each of the following persons may also recover uninsured motorist benefits under
any one other policy in which they are described as a "covered person" as defined in Subsection
(1):
(i) a covered person injured as a pedestrian by an uninsured motor vehicle; and
(ii) except as provided in Subsection (8)(c), a covered person injured while occupying
or using a motor vehicle that is not owned, leased, or furnished:
(A) to the covered person;
(B) to the covered person's spouse; or
(C) to the covered person's resident parent or resident sibling.
(c) (i) A covered person may recover benefits from no more than two additional
policies, one additional policy from each parent's household if the covered person is:
(A) a dependent minor of parents who reside in separate households; and
(B) injured while occupying or using a motor vehicle that is not owned, leased, or
furnished:
(I) to the covered person;
(II) to the covered person's resident parent; or
(III) to the covered person's resident sibling.
(ii) Each parent's policy under this Subsection (8)(c) is liable only for the percentage of
the damages that the limit of liability of each parent's policy of uninsured motorist coverage
bears to the total of both parents' uninsured coverage applicable to the accident.
(d) A covered person's recovery under any available policies may not exceed the full
amount of damages.
(e) A covered person in Subsection (8)(b) is not barred against making subsequent
elections if recovery is unavailable under previous elections.
(f) (i) As used in this section, "interpolicy stacking" means recovering benefits for a
single incident of loss under more than one insurance policy.
(ii) Except to the extent permitted by Subsection (7) and this Subsection (8),
interpolicy stacking is prohibited for uninsured motorist coverage.
(9) (a) When a claim is brought by a named insured or a person described in
Subsection (1) and is asserted against the covered person's uninsured motorist carrier, the
claimant may elect to resolve the claim:
(i) by submitting the claim to binding arbitration; or
(ii) through litigation.
(b) Unless otherwise provided in the policy under which uninsured benefits are
claimed, the election provided in Subsection (9)(a) is available to the claimant only, except that
if the policy under which insured benefits are claimed provides that either an insured or the
insurer may elect arbitration, the insured or the insurer may elect arbitration and that election to
arbitrate shall stay the litigation of the claim under Subsection (9)(a)(ii).
(c) Once the claimant has elected to commence litigation under Subsection (9)(a)(ii),
the claimant may not elect to resolve the claim through binding arbitration under this section
without the written consent of the uninsured motorist carrier.
(d) For purposes of the statute of limitations applicable to a claim described in
Subsection (9)(a), if the claimant does not elect to resolve the claim through litigation, the
claim is considered filed when the claimant submits the claim to binding arbitration in
accordance with this Subsection (9).
(e) (i) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
binding arbitration under Subsection (9)(a)(i) shall be resolved by a single arbitrator.
(ii) All parties shall agree on the single arbitrator selected under Subsection (9)(e)(i).
(iii) If the parties are unable to agree on a single arbitrator as required under Subsection
(9)(e)(ii), the parties shall select a panel of three arbitrators.
(f) If the parties select a panel of three arbitrators under Subsection (9)(e)(iii):
(i) each side shall select one arbitrator; and
(ii) the arbitrators appointed under Subsection (9)(f)(i) shall select one additional
arbitrator to be included in the panel.
(g) Unless otherwise agreed to in writing:
(i) each party shall pay an equal share of the fees and costs of the arbitrator selected
under Subsection (9)(e)(i); or
(ii) if an arbitration panel is selected under Subsection (9)(e)(iii):
(A) each party shall pay the fees and costs of the arbitrator selected by that party; and
(B) each party shall pay an equal share of the fees and costs of the arbitrator selected
under Subsection (9)(f)(ii).
(h) Except as otherwise provided in this section or unless otherwise agreed to in
writing by the parties, an arbitration proceeding conducted under this section shall be governed
by Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(i) (i) The arbitration shall be conducted in accordance with Rules 26(a)(4) through (f),
27 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the requirements of
Subsections (10)(a) through (c) are satisfied.
(ii) The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil Procedure
shall be determined based on the claimant's specific monetary amount in the written demand
for payment of uninsured motorist coverage benefits as required in Subsection (10)(a)(i)(A).
(iii) Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to
arbitration claims under this part.
(j) All issues of discovery shall be resolved by the arbitrator or the arbitration panel.
(k) A written decision by a single arbitrator or by a majority of the arbitration panel
shall constitute a final decision.
(l) (i) Except as provided in Subsection (10), the amount of an arbitration award may
not exceed the uninsured motorist policy limits of all applicable uninsured motorist policies,
including applicable uninsured motorist umbrella policies.
(ii) If the initial arbitration award exceeds the uninsured motorist policy limits of all
applicable uninsured motorist policies, the arbitration award shall be reduced to an amount
equal to the combined uninsured motorist policy limits of all applicable uninsured motorist
policies.
(m) The arbitrator or arbitration panel may not decide the issues of coverage or
extra-contractual damages, including:
(i) whether the claimant is a covered person;
(ii) whether the policy extends coverage to the loss; or
(iii) any allegations or claims asserting consequential damages or bad faith liability.
(n) The arbitrator or arbitration panel may not conduct arbitration on a class-wide or
class-representative basis.
(o) If the arbitrator or arbitration panel finds that the action was not brought, pursued,
or defended in good faith, the arbitrator or arbitration panel may award reasonable attorney fees
and costs against the party that failed to bring, pursue, or defend the claim in good faith.
(p) An arbitration award issued under this section shall be the final resolution of all
claims not excluded by Subsection (9)(m) between the parties unless:
(i) the award was procured by corruption, fraud, or other undue means; 
or
(ii) either party, within 20 days after service of the arbitration award:
(A) files a complaint requesting a trial de novo in the district court; and
(B) serves the nonmoving party with a copy of the complaint requesting a trial de novo
under Subsection (9)(p)(ii)(A).
(q) (i) Upon filing a complaint for a trial de novo under Subsection (9)(p), the claim
shall proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules
of Evidence in the district court.
(ii) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
request a jury trial with a complaint requesting a trial de novo under Subsection (9)(p)(ii)(A).
(r) (i) If the claimant, as the moving party in a trial de novo requested under Subsection
(9)(p), does not obtain a verdict that is at least $5,000 and is at least 20% greater than the
arbitration award, the claimant is responsible for all of the nonmoving party's costs.
(ii) If the uninsured motorist carrier, as the moving party in a trial de novo requested
under Subsection (9)(p), does not obtain a verdict that is at least 20% less than the arbitration
award, the uninsured motorist carrier is responsible for all of the nonmoving party's costs.
(iii) Except as provided in Subsection (9)(r)(iv), the costs under this Subsection (9)(r)
shall include:
(A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(B) the costs of expert witnesses and depositions.
(iv) An award of costs under this Subsection (9)(r) may not exceed $2,500 unless
Subsection (10)(h)(iii) applies.
(s) For purposes of determining whether a party's verdict is greater or less than the
arbitration award under Subsection (9)(r), a court may not consider any recovery or other relief
granted on a claim for damages if the claim for damages:
(i) was not fully disclosed in writing prior to the arbitration proceeding; or
(ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil
Procedure.
(t) If a district court determines, upon a motion of the nonmoving party, that the
moving party's use of the trial de novo process was filed in bad faith in accordance with
Section 
78B-5-825
, the district court may award reasonable attorney fees to the nonmoving
party.
(u) Nothing in this section is intended to limit any claim under any other portion of an
applicable insurance policy.
(v) If there are multiple uninsured motorist policies, as set forth in Subsection (8), the
claimant may elect to arbitrate in one hearing the claims against all the uninsured motorist
carriers.
(10) (a) Within 30 days after a covered person elects to submit a claim for uninsured
motorist benefits to binding arbitration or files litigation, the covered person shall provide to
the uninsured motorist carrier:
(i) a written demand for payment of uninsured motorist coverage benefits, setting forth:
(A) subject to Subsection [
(10)(m)
] 
(10)(l)
, the specific monetary amount of the
demand, including a computation of the covered person's claimed past medical expenses,
claimed past lost wages, and the other claimed past economic damages; and
(B) the factual and legal basis and any supporting documentation for the demand;
(ii) a written statement under oath disclosing:
(A) (I) the names and last known addresses of all health care providers who have
rendered health care services to the covered person that are material to the claims for which
uninsured motorist benefits are sought for a period of five years preceding the date of the event
giving rise to the claim for uninsured motorist benefits up to the time the election for
arbitration or litigation has been exercised; and
(II) the names and last known addresses of the health care providers who have rendered
health care services to the covered person, which the covered person claims are immaterial to
the claims for which uninsured motorist benefits are sought, for a period of five years
preceding the date of the event giving rise to the claim for uninsured motorist benefits up to the
time the election for arbitration or litigation has been exercised that have not been disclosed
under Subsection (10)(a)(ii)(A)(I);
(B) (I) the names and last known addresses of all health insurers or other entities to
whom the covered person has submitted claims for health care services or benefits material to
the claims for which uninsured motorist benefits are sought, for a period of five years
preceding the date of the event giving rise to the claim for uninsured motorist benefits up to the
time the election for arbitration or litigation has been exercised; and
(II) the names and last known addresses of the health insurers or other entities to whom
the covered person has submitted claims for health care services or benefits, which the covered
person claims are immaterial to the claims for which uninsured motorist benefits are sought,
for a period of five years preceding the date of the event giving rise to the claim for uninsured
motorist benefits up to the time the election for arbitration or litigation have not been disclosed;
(C) if lost wages, diminished earning capacity, or similar damages are claimed, all
employers of the covered person for a period of five years preceding the date of the event
giving rise to the claim for uninsured motorist benefits up to the time the election for
arbitration or litigation has been exercised;
(D) other documents to reasonably support the claims being asserted; and
(E) all state and federal statutory lienholders including a statement as to whether the
covered person is a recipient of Medicare or Medicaid benefits or Utah Children's Health
Insurance Program benefits under [
Title 26, Chapter 40, Utah Children's Health Insurance Act
]
Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program
, or if the claim is
subject to any other state or federal statutory liens; and
(iii) signed authorizations to allow the uninsured motorist carrier to only obtain records
and billings from the individuals or entities disclosed under Subsections (10)(a)(ii)(A)(I),
(B)(I), and (C).
(b) (i) If the uninsured motorist carrier determines that the disclosure of undisclosed
health care providers or health care insurers under Subsection (10)(a)(ii) is reasonably
necessary, the uninsured motorist carrier may:
(A) make a request for the disclosure of the identity of the health care providers or
health care insurers; and
(B) make a request for authorizations to allow the uninsured motorist carrier to only
obtain records and billings from the individuals or entities not disclosed.
(ii) If the covered person does not provide the requested information within 10 days:
(A) the covered person shall disclose, in writing, the legal or factual basis for the
failure to disclose the health care providers or health care insurers; and
(B) either the covered person or the uninsured motorist carrier may request the
arbitrator or arbitration panel to resolve the issue of whether the identities or records are to be
provided if the covered person has elected arbitration.
(iii) The time periods imposed by Subsection (10)(c)(i) are tolled pending resolution of
the dispute concerning the disclosure and production of records of the health care providers or
health care insurers.
(c) (i) An uninsured motorist carrier that receives an election for arbitration or a notice
of filing litigation and the demand for payment of uninsured motorist benefits under Subsection
(10)(a)(i) shall have a reasonable time, not to exceed 60 days from the date of the demand and
receipt of the items specified in Subsections (10)(a)(i) through (iii), to:
(A) provide a written response to the written demand for payment provided for in
Subsection (10)(a)(i);
(B) except as provided in Subsection (10)(c)(i)(C), tender the amount, if any, of the
uninsured motorist carrier's determination of the amount owed to the covered person; and
(C) if the covered person is a recipient of Medicare or Medicaid benefits or Utah
Children's Health Insurance Program benefits under [
Title 26, Chapter 40, Utah Children's
Health Insurance Act
] 
Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program
,
or if the claim is subject to any other state or federal statutory liens, tender the amount, if any,
of the uninsured motorist carrier's determination of the amount owed to the covered person
less:
(I) if the amount of the state or federal statutory lien is established, the amount of the
lien; or
(II) if the amount of the state or federal statutory lien is not established, two times the
amount of the medical expenses subject to the state or federal statutory lien until such time as
the amount of the state or federal statutory lien is established.
(ii) If the amount tendered by the uninsured motorist carrier under Subsection (10)(c)(i)
is the total amount of the uninsured motorist policy limits, the tendered amount shall be
accepted by the covered person.
(d) A covered person who receives a written response from an uninsured motorist
carrier as provided for in Subsection (10)(c)(i), may:
(i) elect to accept the amount tendered in Subsection (10)(c)(i) as payment in full of all
uninsured motorist claims; or
(ii) elect to:
(A) accept the amount tendered in Subsection (10)(c)(i) as partial payment of all
uninsured motorist claims; and
(B) continue to litigate or arbitrate the remaining claim in accordance with the election
made under Subsections (9)(a), (b), and (c).
(e) If a covered person elects to accept the amount tendered under Subsection (10)(c)(i)
as partial payment of all uninsured motorist claims, the final award obtained through
arbitration, litigation, or later settlement shall be reduced by any payment made by the
uninsured motorist carrier under Subsection (10)(c)(i).
(f) In an arbitration proceeding on the remaining uninsured claims:
(i) the parties may not disclose to the arbitrator or arbitration panel the amount paid
under Subsection (10)(c)(i) until after the arbitration award has been rendered; and
(ii) the parties may not disclose the amount of the limits of uninsured motorist benefits
provided by the policy.
(g) If the final award obtained through arbitration or litigation is greater than the
average of the covered person's initial written demand for payment provided for in Subsection
(10)(a)(i) and the uninsured motorist carrier's initial written response provided for in
Subsection (10)(c)(i), the uninsured motorist carrier shall pay:
(i) the final award obtained through arbitration or litigation, except that if the award
exceeds the policy limits of the subject uninsured motorist policy by more than $15,000, the
amount shall be reduced to an amount equal to the policy limits plus $15,000; and
(ii) any of the following applicable costs:
(A) any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure;
(B) the arbitrator or arbitration panel's fee; and
(C) the reasonable costs of expert witnesses and depositions used in the presentation of
evidence during arbitration or litigation.
(h) (i) The covered person shall provide an affidavit of costs within five days of an
arbitration award.
(ii) (A) Objection to the affidavit of costs shall specify with particularity the costs to
which the uninsured motorist carrier objects.
(B) The objection shall be resolved by the arbitrator or arbitration panel.
(iii) The award of costs by the arbitrator or arbitration panel under Subsection
(10)(g)(ii) may not exceed $5,000.
(i) (i) A covered person shall disclose all material information, other than rebuttal
evidence, within 30 days after a covered person elects to submit a claim for uninsured motorist
coverage benefits to binding arbitration or files litigation as specified in Subsection (10)(a).
(ii) If the information under Subsection (10)(i)(i) is not disclosed, the covered person
may not recover costs or any amounts in excess of the policy under Subsection (10)(g).
(j) This Subsection (10) does not limit any other cause of action that arose or may arise
against the uninsured motorist carrier from the same dispute.
(k) The provisions of this Subsection (10) only apply to motor vehicle accidents that
occur on or after March 30, 2010.
(l) (i) The written demand requirement in Subsection (10)(a)(i)(A) does not affect the
covered person's requirement to provide a computation of any other economic damages
claimed, and the one or more respondents shall have a reasonable time after the receipt of the
computation of any other economic damages claimed to conduct fact and expert discovery as to
any additional damages claimed. The changes made by Laws of Utah 2014, Chapter 290,
Section 10, and Chapter 300, Section 10, to this Subsection (10)(l) and Subsection
(10)(a)(i)(A) apply to a claim submitted to binding arbitration or through litigation on or after
May 13, 2014.
(ii) The changes made by Laws of Utah 2014, Chapter 290, Section 10, and Chapter
300, Section 10, to Subsections (10)(a)(ii)(A)(II) and (B)(II) apply to any claim submitted to
binding arbitration or through litigation on or after May 13, 2014.
(11) (a) Notwithstanding Section 
31A-21-313
, an action on a written policy or contract
for uninsured motorist coverage shall be commenced within four years after the inception of
loss.
(b) Subsection (11)(a) shall apply to all claims that have not been time barred by
Subsection 
31A-21-313
(1)(a) as of May 14, 2019.
Section 97. Section 
31A-22-305.3
 is amended to read:
31A-22-305.3.
Underinsured motorist coverage.
(1) As used in this section:
(a) "Covered person" has the same meaning as defined in Section 
31A-22-305
.
(b) (i) "Underinsured motor vehicle" includes a motor vehicle, the operation,
maintenance, or use of which is covered under a liability policy at the time of an injury-causing
occurrence, but which has insufficient liability coverage to compensate fully the injured party
for all special and general damages.
(ii) The term "underinsured motor vehicle" does not include:
(A) a motor vehicle that is covered under the liability coverage of the same policy that
also contains the underinsured motorist coverage;
(B) an uninsured motor vehicle as defined in Subsection 
31A-22-305
(2); or
(C) a motor vehicle owned or leased by:
(I) a named insured;
(II) a named insured's spouse; or
(III) a dependent of a named insured.
(2) (a) Underinsured motorist coverage under Subsection 
31A-22-302
(1)(c) provides
coverage for a covered person who is legally entitled to recover damages from an owner or
operator of an underinsured motor vehicle because of bodily injury, sickness, disease, or death.
(b) A covered person occupying or using a motor vehicle owned, leased, or furnished
to the covered person, the covered person's spouse, or covered person's resident relative may
recover underinsured benefits only if the motor vehicle is:
(i) described in the policy under which a claim is made; or
(ii) a newly acquired or replacement motor vehicle covered under the terms of the
policy.
(3) (a) For purposes of this Subsection (3), "new policy" means:
(i) any policy that is issued that does not include a renewal or reinstatement of an
existing policy; or
(ii) a change to an existing policy that results in:
(A) a named insured being added to or deleted from the policy; or
(B) a change in the limits of the named insured's motor vehicle liability coverage.
(b) For new policies written on or after January 1, 2001, the limits of underinsured
motorist coverage shall be equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum underinsured motorist coverage limits available by the
insurer under the named insured's motor vehicle policy, unless a named insured rejects or
purchases coverage in a lesser amount by signing an acknowledgment form that:
(i) is filed with the department;
(ii) is provided by the insurer;
(iii) waives the higher coverage;
(iv) need only state in this or similar language that "underinsured motorist coverage
provides benefits or protection to you and other covered persons for bodily injury resulting
from an accident caused by the fault of another party where the other party has insufficient
liability insurance"; and
(v) discloses the additional premiums required to purchase underinsured motorist
coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum underinsured motorist coverage limits available by the
insurer under the named insured's motor vehicle policy.
(c) Any selection or rejection under Subsection (3)(b) continues for that issuer of the
liability coverage until the insured requests, in writing, a change of underinsured motorist
coverage from that liability insurer.
(d) (i) Subsections (3)(b) and (c) apply retroactively to any claim arising on or after
January 1, 2001, for which, as of May 14, 2013, an insured has not made a written demand for
arbitration or filed a complaint in a court of competent jurisdiction.
(ii) The Legislature finds that the retroactive application of Subsections (3)(b) and (c)
clarifies legislative intent and does not enlarge, eliminate, or destroy vested rights.
(e) (i) As used in this Subsection (3)(e), "additional motor vehicle" means a change
that increases the total number of vehicles insured by the policy, and does not include
replacement, substitute, or temporary vehicles.
(ii) The adding of an additional motor vehicle to an existing personal lines or
commercial lines policy does not constitute a new policy for purposes of Subsection (3)(a).
(iii) If an additional motor vehicle is added to a personal lines policy where
underinsured motorist coverage has been rejected, or where underinsured motorist limits are
lower than the named insured's motor vehicle liability limits, the insurer shall provide a notice
to a named insured within 30 days that:
(A) in the same manner described in Subsection (3)(b)(iv), explains the purpose of
underinsured motorist coverage; and
(B) encourages the named insured to contact the insurance company or insurance
producer for quotes as to the additional premiums required to purchase underinsured motorist
coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum underinsured motorist coverage limits available by the
insurer under the named insured's motor vehicle policy.
(f) A change in policy number resulting from any policy change not identified under
Subsection (3)(a)(ii) does not constitute a new policy.
(g) (i) Subsection (3)(a) applies retroactively to any claim arising on or after January 1,
2001 for which, as of May 1, 2012, an insured has not made a written demand for arbitration or
filed a complaint in a court of competent jurisdiction.
(ii) The Legislature finds that the retroactive application of Subsection (3)(a):
(A) does not enlarge, eliminate, or destroy vested rights; and
(B) clarifies legislative intent.
(h) A self-insured, including a governmental entity, may elect to provide underinsured
motorist coverage in an amount that is less than its maximum self-insured retention under
Subsections (3)(b) and (l) by issuing a declaratory memorandum or policy statement from the
chief financial officer or chief risk officer that declares the:
(i) self-insured entity's coverage level; and
(ii) process for filing an underinsured motorist claim.
(i) Underinsured motorist coverage may not be sold with limits that are less than:
(i) $10,000 for one person in any one accident; and
(ii) at least $20,000 for two or more persons in any one accident.
(j) An acknowledgment under Subsection (3)(b) continues for that issuer of the
underinsured motorist coverage until the named insured, in writing, requests different
underinsured motorist coverage from the insurer.
(k) (i) The named insured's underinsured motorist coverage, as described in Subsection
(2), is secondary to the liability coverage of an owner or operator of an underinsured motor
vehicle, as described in Subsection (1).
(ii) Underinsured motorist coverage may not be set off against the liability coverage of
the owner or operator of an underinsured motor vehicle, but shall be added to, combined with,
or stacked upon the liability coverage of the owner or operator of the underinsured motor
vehicle to determine the limit of coverage available to the injured person.
(l) (i) In conjunction with the first two renewal notices sent after January 1, 2001, for
policies existing on that date, the insurer shall disclose in the same medium as the premium
renewal notice, an explanation of:
(A) the purpose of underinsured motorist coverage in the same manner as described in
Subsection (3)(b)(iv); and
(B) a disclosure of the additional premiums required to purchase underinsured motorist
coverage with limits equal to the lesser of the limits of the named insured's motor vehicle
liability coverage or the maximum underinsured motorist coverage limits available by the
insurer under the named insured's motor vehicle policy.
(ii) The disclosure required under this Subsection (3)(l) shall be sent to all named
insureds that carry underinsured motorist coverage limits in an amount less than the named
insured's motor vehicle liability policy limits or the maximum underinsured motorist coverage
limits available by the insurer under the named insured's motor vehicle policy.
(m) For purposes of this Subsection (3), a notice or disclosure sent to a named insured
in a household constitutes notice or disclosure to all insureds within the household.
(4) (a) (i) Except as provided in this Subsection (4), a covered person injured in a
motor vehicle described in a policy that includes underinsured motorist benefits may not elect
to collect underinsured motorist coverage benefits from another motor vehicle insurance policy.
(ii) The limit of liability for underinsured motorist coverage for two or more motor
vehicles may not be added together, combined, or stacked to determine the limit of insurance
coverage available to an injured person for any one accident.
(iii) Subsection (4)(a)(ii) applies to all persons except a covered person described
under Subsections (4)(b)(i) and (ii).
(b) (i) A covered person injured as a pedestrian by an underinsured motor vehicle may
recover underinsured motorist benefits under any one other policy in which they are described
as a covered person.
(ii) Except as provided in Subsection (4)(b)(iii), a covered person injured while
occupying, using, or maintaining a motor vehicle that is not owned, leased, or furnished to the
covered person, the covered person's spouse, or the covered person's resident parent or resident
sibling, may also recover benefits under any one other policy under which the covered person is
also a covered person.
(iii) (A) A covered person may recover benefits from no more than two additional
policies, one additional policy from each parent's household if the covered person is:
(I) a dependent minor of parents who reside in separate households; and
(II) injured while occupying or using a motor vehicle that is not owned, leased, or
furnished to the covered person, the covered person's resident parent, or the covered person's
resident sibling.
(B) Each parent's policy under this Subsection (4)(b)(iii) is liable only for the
percentage of the damages that the limit of liability of each parent's policy of underinsured
motorist coverage bears to the total of both parents' underinsured coverage applicable to the
accident.
(iv) A covered person's recovery under any available policies may not exceed the full
amount of damages.
(v) Underinsured coverage on a motor vehicle occupied at the time of an accident is
primary coverage, and the coverage elected by a person described under Subsections
31A-22-305
(1)(a), (b), and (c) is secondary coverage.
(vi) The primary and the secondary coverage may not be set off against the other.
(vii) A covered person as described under Subsection (4)(b)(i) or is entitled to the
highest limits of underinsured motorist coverage under only one additional policy per
household applicable to that covered person as a named insured, spouse, or relative.
(viii) A covered injured person is not barred against making subsequent elections if
recovery is unavailable under previous elections.
(ix) (A) As used in this section, "interpolicy stacking" means recovering benefits for a
single incident of loss under more than one insurance policy.
(B) Except to the extent permitted by this Subsection (4), interpolicy stacking is
prohibited for underinsured motorist coverage.
(c) Underinsured motorist coverage:
(i) does not cover any benefit paid or payable under Title 34A, Chapter 2, Workers'
Compensation Act, except that the covered person is credited an amount described in
Subsection 
34A-2-106
(5);
(ii) may not be subrogated by a workers' compensation insurance carrier, workers'
compensation insurance, uninsured employer, the Uninsured Employers Fund created in
Section 
34A-2-704
, or the Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iii) may not be reduced by benefits provided by workers' compensation insurance,
uninsured employer, the Uninsured Employers Fund created in Section 
34A-2-704
, or the
Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iv) may be reduced by health insurance subrogation only after the covered person is
made whole;
(v) may not be collected for bodily injury or death sustained by a person:
(A) while committing a violation of Section 
41-1a-1314
;
(B) who, as a passenger in a vehicle, has knowledge that the vehicle is being operated
in violation of Section 
41-1a-1314
; or
(C) while committing a felony; and
(vi) notwithstanding Subsection (4)(c)(v), may be recovered:
(A) for a person younger than 18 years old who is injured within the scope of
Subsection (4)(c)(v), but is limited to medical and funeral expenses; or
(B) by a law enforcement officer as defined in Section 
53-13-103
, who is injured
within the course and scope of the law enforcement officer's duties.
(5) The inception of the loss under Subsection 
31A-21-313
(1) for underinsured
motorist claims occurs upon the date of the last liability policy payment.
(6) An underinsured motorist insurer does not have a right of reimbursement against a
person liable for the damages resulting from an injury-causing occurrence if the person's
liability insurer has tendered the policy limit and the limits have been accepted by the claimant.
(7) Except as otherwise provided in this section, a covered person may seek, subject to
the terms and conditions of the policy, additional coverage under any policy:
(a) that provides coverage for damages resulting from motor vehicle accidents; and
(b) that is not required to conform to Section 
31A-22-302
.
(8) (a) When a claim is brought by a named insured or a person described in
Subsection 
31A-22-305
(1) and is asserted against the covered person's underinsured motorist
carrier, the claimant may elect to resolve the claim:
(i) by submitting the claim to binding arbitration; or
(ii) through litigation.
(b) Unless otherwise provided in the policy under which underinsured benefits are
claimed, the election provided in Subsection (8)(a) is available to the claimant only, except that
if the policy under which insured benefits are claimed provides that either an insured or the
insurer may elect arbitration, the insured or the insurer may elect arbitration and that election to
arbitrate shall stay the litigation of the claim under Subsection (8)(a)(ii).
(c) Once a claimant elects to commence litigation under Subsection (8)(a)(ii), the
claimant may not elect to resolve the claim through binding arbitration under this section
without the written consent of the underinsured motorist coverage carrier.
(d) For purposes of the statute of limitations applicable to a claim described in
Subsection (8)(a), if the claimant does not elect to resolve the claim through litigation, the
claim is considered filed when the claimant submits the claim to binding arbitration in
accordance with this Subsection (8).
(e) (i) Unless otherwise agreed to in writing by the parties, a claim that is submitted to
binding arbitration under Subsection (8)(a)(i) shall be resolved by a single arbitrator.
(ii) All parties shall agree on the single arbitrator selected under Subsection (8)(e)(i).
(iii) If the parties are unable to agree on a single arbitrator as required under Subsection
(8)(e)(ii), the parties shall select a panel of three arbitrators.
(f) If the parties select a panel of three arbitrators under Subsection (8)(e)(iii):
(i) each side shall select one arbitrator; and
(ii) the arbitrators appointed under Subsection (8)(f)(i) shall select one additional
arbitrator to be included in the panel.
(g) Unless otherwise agreed to in writing:
(i) each party shall pay an equal share of the fees and costs of the arbitrator selected
under Subsection (8)(e)(i); or
(ii) if an arbitration panel is selected under Subsection (8)(e)(iii):
(A) each party shall pay the fees and costs of the arbitrator selected by that party; and
(B) each party shall pay an equal share of the fees and costs of the arbitrator selected
under Subsection (8)(f)(ii).
(h) Except as otherwise provided in this section or unless otherwise agreed to in
writing by the parties, an arbitration proceeding conducted under this section is governed by
Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(i) (i) The arbitration shall be conducted in accordance with Rules 26(a)(4) through (f),
27 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the requirements of
Subsections (9)(a) through (c) are satisfied.
(ii) The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil Procedure
shall be determined based on the claimant's specific monetary amount in the written demand
for payment of uninsured motorist coverage benefits as required in Subsection (9)(a)(i)(A).
(iii) Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to
arbitration claims under this part.
(j) An issue of discovery shall be resolved by the arbitrator or the arbitration panel.
(k) A written decision by a single arbitrator or by a majority of the arbitration panel
constitutes a final decision.
(l) (i) Except as provided in Subsection (9), the amount of an arbitration award may not
exceed the underinsured motorist policy limits of all applicable underinsured motorist policies,
including applicable underinsured motorist umbrella policies.
(ii) If the initial arbitration award exceeds the underinsured motorist policy limits of all
applicable underinsured motorist policies, the arbitration award shall be reduced to an amount
equal to the combined underinsured motorist policy limits of all applicable underinsured
motorist policies.
(m) The arbitrator or arbitration panel may not decide an issue of coverage or
extra-contractual damages, including:
(i) whether the claimant is a covered person;
(ii) whether the policy extends coverage to the loss; or
(iii) an allegation or claim asserting consequential damages or bad faith liability.
(n) The arbitrator or arbitration panel may not conduct arbitration on a class-wide or
class-representative basis.
(o) If the arbitrator or arbitration panel finds that the arbitration is not brought, pursued,
or defended in good faith, the arbitrator or arbitration panel may award reasonable attorney fees
and costs against the party that failed to bring, pursue, or defend the arbitration in good faith.
(p) An arbitration award issued under this section shall be the final resolution of all
claims not excluded by Subsection (8)(m) between the parties unless:
(i) the award is procured by corruption, fraud, or other undue means; or
(ii) either party, within 20 days after service of the arbitration award:
(A) files a complaint requesting a trial de novo in the district court; and
(B) serves the nonmoving party with a copy of the complaint requesting a trial de novo
under Subsection (8)(p)(ii)(A).
(q) (i) Upon filing a complaint for a trial de novo under Subsection (8)(p), a claim shall
proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of
Evidence in the district court.
(ii) In accordance with Rule 38, Utah Rules of Civil Procedure, either party may
request a jury trial with a complaint requesting a trial de novo under Subsection (8)(p)(ii)(A).
(r) (i) If the claimant, as the moving party in a trial de novo requested under Subsection
(8)(p), does not obtain a verdict that is at least $5,000 and is at least 20% greater than the
arbitration award, the claimant is responsible for all of the nonmoving party's costs.
(ii) If the underinsured motorist carrier, as the moving party in a trial de novo requested
under Subsection (8)(p), does not obtain a verdict that is at least 20% less than the arbitration
award, the underinsured motorist carrier is responsible for all of the nonmoving party's costs.
(iii) Except as provided in Subsection (8)(r)(iv), the costs under this Subsection (8)(r)
shall include:
(A) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(B) the costs of expert witnesses and depositions.
(iv) An award of costs under this Subsection (8)(r) may not exceed $2,500 unless
Subsection (9)(h)(iii) applies.
(s) For purposes of determining whether a party's verdict is greater or less than the
arbitration award under Subsection (8)(r), a court may not consider any recovery or other relief
granted on a claim for damages if the claim for damages:
(i) was not fully disclosed in writing prior to the arbitration proceeding; or
(ii) was not disclosed in response to discovery contrary to the Utah Rules of Civil
Procedure.
(t) If a district court determines, upon a motion of the nonmoving party, that a moving
party's use of the trial de novo process is filed in bad faith in accordance with Section
78B-5-825
, the district court may award reasonable attorney fees to the nonmoving party.
(u) Nothing in this section is intended to limit a claim under another portion of an
applicable insurance policy.
(v) If there are multiple underinsured motorist policies, as set forth in Subsection (4),
the claimant may elect to arbitrate in one hearing the claims against all the underinsured
motorist carriers.
(9) (a) Within 30 days after a covered person elects to submit a claim for underinsured
motorist benefits to binding arbitration or files litigation, the covered person shall provide to
the underinsured motorist carrier:
(i) a written demand for payment of underinsured motorist coverage benefits, setting
forth:
(A) subject to Subsection (9)(l), the specific monetary amount of the demand,
including a computation of the covered person's claimed past medical expenses, claimed past
lost wages, and all other claimed past economic damages; and
(B) the factual and legal basis and any supporting documentation for the demand;
(ii) a written statement under oath disclosing:
(A) (I) the names and last known addresses of all health care providers who have
rendered health care services to the covered person that are material to the claims for which the
underinsured motorist benefits are sought for a period of five years preceding the date of the
event giving rise to the claim for underinsured motorist benefits up to the time the election for
arbitration or litigation has been exercised; and
(II) the names and last known addresses of the health care providers who have rendered
health care services to the covered person, which the covered person claims are immaterial to
the claims for which underinsured motorist benefits are sought, for a period of five years
preceding the date of the event giving rise to the claim for underinsured motorist benefits up to
the time the election for arbitration or litigation has been exercised that have not been disclosed
under Subsection (9)(a)(ii)(A)(I);
(B) (I) the names and last known addresses of all health insurers or other entities to
whom the covered person has submitted claims for health care services or benefits material to
the claims for which underinsured motorist benefits are sought, for a period of five years
preceding the date of the event giving rise to the claim for underinsured motorist benefits up to
the time the election for arbitration or litigation has been exercised; and
(II) the names and last known addresses of the health insurers or other entities to whom
the covered person has submitted claims for health care services or benefits, which the covered
person claims are immaterial to the claims for which underinsured motorist benefits are sought,
for a period of five years preceding the date of the event giving rise to the claim for
underinsured motorist benefits up to the time the election for arbitration or litigation have not
been disclosed;
(C) if lost wages, diminished earning capacity, or similar damages are claimed, all
employers of the covered person for a period of five years preceding the date of the event
giving rise to the claim for underinsured motorist benefits up to the time the election for
arbitration or litigation has been exercised;
(D) other documents to reasonably support the claims being asserted; and
(E) all state and federal statutory lienholders including a statement as to whether the
covered person is a recipient of Medicare or Medicaid benefits or Utah Children's Health
Insurance Program benefits under [
Title 26, Chapter 40, Utah Children's Health Insurance Act
]
Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program
, or if the claim is
subject to any other state or federal statutory liens; and
(iii) signed authorizations to allow the underinsured motorist carrier to only obtain
records and billings from the individuals or entities disclosed under Subsections
(9)(a)(ii)(A)(I), (B)(I), and (C).
(b) (i) If the underinsured motorist carrier determines that the disclosure of undisclosed
health care providers or health care insurers under Subsection (9)(a)(ii) is reasonably necessary,
the underinsured motorist carrier may:
(A) make a request for the disclosure of the identity of the health care providers or
health care insurers; and
(B) make a request for authorizations to allow the underinsured motorist carrier to only
obtain records and billings from the individuals or entities not disclosed.
(ii) If the covered person does not provide the requested information within 10 days:
(A) the covered person shall disclose, in writing, the legal or factual basis for the
failure to disclose the health care providers or health care insurers; and
(B) either the covered person or the underinsured motorist carrier may request the
arbitrator or arbitration panel to resolve the issue of whether the identities or records are to be
provided if the covered person has elected arbitration.
(iii) The time periods imposed by Subsection (9)(c)(i) are tolled pending resolution of
the dispute concerning the disclosure and production of records of the health care providers or
health care insurers.
(c) (i) An underinsured motorist carrier that receives an election for arbitration or a
notice of filing litigation and the demand for payment of underinsured motorist benefits under
Subsection (9)(a)(i) shall have a reasonable time, not to exceed 60 days from the date of the
demand and receipt of the items specified in Subsections (9)(a)(i) through (iii), to:
(A) provide a written response to the written demand for payment provided for in
Subsection (9)(a)(i);
(B) except as provided in Subsection (9)(c)(i)(C), tender the amount, if any, of the
underinsured motorist carrier's determination of the amount owed to the covered person; and
(C) if the covered person is a recipient of Medicare or Medicaid benefits or Utah
Children's Health Insurance Program benefits under [
Title 26, Chapter 40, Utah Children's
Health Insurance Act
] 
Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program
,
or if the claim is subject to any other state or federal statutory liens, tender the amount, if any,
of the underinsured motorist carrier's determination of the amount owed to the covered person
less:
(I) if the amount of the state or federal statutory lien is established, the amount of the
lien; or
(II) if the amount of the state or federal statutory lien is not established, two times the
amount of the medical expenses subject to the state or federal statutory lien until such time as
the amount of the state or federal statutory lien is established.
(ii) If the amount tendered by the underinsured motorist carrier under Subsection
(9)(c)(i) is the total amount of the underinsured motorist policy limits, the tendered amount
shall be accepted by the covered person.
(d) A covered person who receives a written response from an underinsured motorist
carrier as provided for in Subsection (9)(c)(i), may:
(i) elect to accept the amount tendered in Subsection (9)(c)(i) as payment in full of all
underinsured motorist claims; or
(ii) elect to:
(A) accept the amount tendered in Subsection (9)(c)(i) as partial payment of all
underinsured motorist claims; and
(B) continue to litigate or arbitrate the remaining claim in accordance with the election
made under Subsections (8)(a), (b), and (c).
(e) If a covered person elects to accept the amount tendered under Subsection (9)(c)(i)
as partial payment of all underinsured motorist claims, the final award obtained through
arbitration, litigation, or later settlement shall be reduced by any payment made by the
underinsured motorist carrier under Subsection (9)(c)(i).
(f) In an arbitration proceeding on the remaining underinsured claims:
(i) the parties may not disclose to the arbitrator or arbitration panel the amount paid
under Subsection (9)(c)(i) until after the arbitration award has been rendered; and
(ii) the parties may not disclose the amount of the limits of underinsured motorist
benefits provided by the policy.
(g) If the final award obtained through arbitration or litigation is greater than the
average of the covered person's initial written demand for payment provided for in Subsection
(9)(a)(i) and the underinsured motorist carrier's initial written response provided for in
Subsection (9)(c)(i), the underinsured motorist carrier shall pay:
(i) the final award obtained through arbitration or litigation, except that if the award
exceeds the policy limits of the subject underinsured motorist policy by more than $15,000, the
amount shall be reduced to an amount equal to the policy limits plus $15,000; and
(ii) any of the following applicable costs:
(A) any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure;
(B) the arbitrator or arbitration panel's fee; and
(C) the reasonable costs of expert witnesses and depositions used in the presentation of
evidence during arbitration or litigation.
(h) (i) The covered person shall provide an affidavit of costs within five days of an
arbitration award.
(ii) (A) Objection to the affidavit of costs shall specify with particularity the costs to
which the underinsured motorist carrier objects.
(B) The objection shall be resolved by the arbitrator or arbitration panel.
(iii) The award of costs by the arbitrator or arbitration panel under Subsection (9)(g)(ii)
may not exceed $5,000.
(i) (i) A covered person shall disclose all material information, other than rebuttal
evidence, within 30 days after a covered person elects to submit a claim for underinsured
motorist coverage benefits to binding arbitration or files litigation as specified in Subsection
(9)(a).
(ii) If the information under Subsection (9)(i)(i) is not disclosed, the covered person
may not recover costs or any amounts in excess of the policy under Subsection (9)(g).
(j) This Subsection (9) does not limit any other cause of action that arose or may arise
against the underinsured motorist carrier from the same dispute.
(k) The provisions of this Subsection (9) only apply to motor vehicle accidents that
occur on or after March 30, 2010.
(l) (i) The written demand requirement in Subsection (9)(a)(i)(A) does not affect the
covered person's requirement to provide a computation of any other economic damages
claimed, and the one or more respondents shall have a reasonable time after the receipt of the
computation of any other economic damages claimed to conduct fact and expert discovery as to
any additional damages claimed. The changes made by Laws of Utah 2014, Chapter 290,
Section 11, and Chapter 300, Section 11, to this Subsection (9)(l) and Subsection (9)(a)(i)(A)
apply to a claim submitted to binding arbitration or through litigation on or after May 13, 2014.
(ii) The changes made by Laws of Utah 2014, Chapter 290, Section 11, and Chapter
300, Section 11, under Subsections (9)(a)(ii)(A)(II) and (B)(II) apply to a claim submitted to
binding arbitration or through litigation on or after May 13, 2014.
Section 98. Section 
31A-22-604
 is amended to read:
31A-22-604.
Reimbursement by insurers of Medicaid benefits.
(1) As used in this section, "Medicaid" means the program under Title XIX of the
federal Social Security Act.
(2) Any accident and health insurer, including a group accident and health insurance
plan, as defined in Section 607(1), Federal Employee Retirement Income Security Act of 1974,
or health maintenance organization as defined in Section 
31A-8-101
, is prohibited from
considering the availability or eligibility for medical assistance in this or any other state under
Medicaid, when considering eligibility for coverage or making payments under its plan for
eligible enrollees, subscribers, policyholders, or certificate holders.
(3) To the extent that payment for covered expenses has been made under the state
Medicaid program for health care items or services furnished to an individual in any case when
a third party has a legal liability to make payments, the state is considered to have acquired the
rights of the individual to payment by any other party for those health care items or services.
(4) [
Title 26, Chapter 19, Medical Benefits Recovery Act
] 
Title 26B, Chapter 3, Part
10, Medical Benefits Recovery
, applies to reimbursement of insurers of Medicaid benefits.
Section 99. Section 
31A-22-610
 is amended to read:
31A-22-610.
Dependent coverage from moment of birth or adoption.
(1) As used in this section:
(a) "Child" means, in connection with any adoption, or placement for adoption of the
child, an individual who is younger than 18 years [
of age
] 
old
 as of the date of the adoption or
placement for adoption.
(b) "Placement for adoption" means the assumption and retention by a person of a legal
obligation for total or partial support of a child in anticipation of the adoption of the child.
(2) (a) Except as provided in Subsection (5), if an accident and health insurance policy
provides coverage for any members of the policyholder's or certificate holder's family, the
policy shall provide that any health insurance benefits applicable to dependents of the insured
are applicable on the same basis to:
(i) a newly born child from the moment of birth; and
(ii) an adopted child:
(A) beginning from the moment of birth, if placement for adoption occurs within 30
days of the child's birth; or
(B) beginning from the date of placement, if placement for adoption occurs 30 days or
more after the child's birth.
(b) The coverage described in this Subsection (2):
(i) is not subject to any preexisting conditions; and
(ii) includes any injury or sickness, including the necessary care and treatment of
medically diagnosed:
(A) congenital defects;
(B) birth abnormalities; or
(C) prematurity.
(c) (i) Subject to Subsection (2)(c)(ii), a claim for services for a newly born child or an
adopted child may be denied until the child is enrolled.
(ii) Notwithstanding Subsection (2)(c)(i), an otherwise eligible claim denied under
Subsection (2)(c)(i) is eligible for payment and may be resubmitted or reprocessed once a child
is enrolled pursuant to Subsection (2)(d) or (e).
(d) If the payment of a specific premium is required to provide coverage for a child of a
policyholder or certificate holder, for there to be coverage for the child, the policyholder or
certificate holder shall enroll:
(i) a newly born child within 30 days after the date of birth of the child; or
(ii) an adopted child within 30 days after the day of placement of adoption.
(e) If the payment of a specific premium is not required to provide coverage for a child
of a policyholder or certificate holder, for the child to receive coverage the policyholder or
certificate holder shall enroll a newly born child or an adopted child no later than 30 days after
the first notification of denial of a claim for services for that child.
(3) (a) The coverage required by Subsection (2) as to children placed for the purpose of
adoption with a policyholder or certificate holder continues in the same manner as it would
with respect to a child of the policyholder or certificate holder unless:
(i) the placement is disrupted prior to legal adoption; and
(ii) the child is removed from placement.
(b) The coverage required by Subsection (2) ends if the child is removed from
placement prior to being legally adopted.
(4) The provisions of this section apply to employee welfare benefit plans as defined in
Section [
26-19-102
] 
26B-3-1001
.
(5) If an accident and health insurance policy that is not subject to the special
enrollment rights described in 45 C.F.R. Sec. 146.117(b) provides coverage for one individual,
the insurer may choose to:
(a) provide coverage according to this section; or
(b) allow application, subject to the insurer's underwriting criteria for:
(i) a newborn;
(ii) an adopted child; or
(iii) a child placed for adoption.
Section 100. Section 
31A-22-610.5
 is amended to read:
31A-22-610.5.
Dependent coverage.
(1) As used in this section, "child" has the same meaning as defined in Section
78B-12-102
.
(2) (a) Any individual or group accident and health insurance policy or managed care
organization contract that provides coverage for a policyholder's or certificate holder's
dependent:
(i) may not terminate coverage of an unmarried dependent by reason of the dependent's
age before the dependent's 26th birthday; and
(ii) shall, upon application, provide coverage for all unmarried dependents up to age
26.
(b) The cost of coverage for unmarried dependents 19 to 26 years [
of age
] 
old
 shall be
included in the premium on the same basis as other dependent coverage.
(c) This section does not prohibit the employer from requiring the employee to pay all
or part of the cost of coverage for unmarried dependents.
(d) An individual or group health insurance policy or managed care organization shall
continue in force coverage for a dependent through the last day of the month in which the
dependent ceases to be a dependent:
(i) if premiums are paid; and
(ii) notwithstanding Sections 
31A-22-618.6
 and 
31A-22-618.7
.
(3) (a) When a parent is required by a court or administrative order to provide health
insurance coverage for a child, an accident and health insurer may not deny enrollment of a
child under the accident and health insurance plan of the child's parent on the grounds the
child:
(i) was born out of wedlock and is entitled to coverage under Subsection (4);
(ii) was born out of wedlock and the custodial parent seeks enrollment for the child
under the custodial parent's policy;
(iii) is not claimed as a dependent on the parent's federal tax return;
(iv) does not reside with the parent; or
(v) does not reside in the insurer's service area.
(b) A child enrolled as required under Subsection (3)(a)(iv) is subject to the terms of
the accident and health insurance plan contract pertaining to services received outside of an
insurer's service area.
(4) When a child has accident and health coverage through an insurer of a noncustodial
parent, and when requested by the noncustodial or custodial parent, the insurer shall:
(a) provide information to the custodial parent as necessary for the child to obtain
benefits through that coverage, but the insurer or employer, or the agents or employees of either
of them, are not civilly or criminally liable for providing information in compliance with this
Subsection (4)(a), whether the information is provided pursuant to a verbal or written request;
(b) permit the custodial parent or the service provider, with the custodial parent's
approval, to submit claims for covered services without the approval of the noncustodial
parent; and
(c) make payments on claims submitted in accordance with Subsection (4)(b) directly
to the custodial parent, the child who obtained benefits, the provider, or the state Medicaid
agency.
(5) When a parent is required by a court or administrative order to provide health
coverage for a child, and the parent is eligible for family health coverage, the insurer shall:
(a) permit the parent to enroll, under the family coverage, a child who is otherwise
eligible for the coverage without regard to an enrollment season restrictions;
(b) if the parent is enrolled but fails to make application to obtain coverage for the
child, enroll the child under family coverage upon application of the child's other parent, the
state agency administering the Medicaid program, or the state agency administering 42 U.S.C.
Sec. 651 through 669, the child support enforcement program; and
(c) (i) when the child is covered by an individual policy, not disenroll or eliminate
coverage of the child unless the insurer is provided satisfactory written evidence that:
(A) the court or administrative order is no longer in effect; or
(B) the child is or will be enrolled in comparable accident and health coverage through
another insurer which will take effect not later than the effective date of disenrollment; or
(ii) when the child is covered by a group policy, not disenroll or eliminate coverage of
the child unless the employer is provided with satisfactory written evidence, which evidence is
also provided to the insurer, that Subsection (8)(c)(i), (ii), or (iii) has happened.
(6) An insurer may not impose requirements on a state agency that has been assigned
the rights of an individual eligible for medical assistance under Medicaid and covered for
accident and health benefits from the insurer that are different from requirements applicable to
an agent or assignee of any other individual so covered.
(7) Insurers may not reduce their coverage of pediatric vaccines below the benefit level
in effect on May 1, 1993.
(8) When a parent is required by a court or administrative order to provide health
coverage, which is available through an employer doing business in this state, the employer
shall:
(a) permit the parent to enroll under family coverage any child who is otherwise
eligible for coverage without regard to any enrollment season restrictions;
(b) if the parent is enrolled but fails to make application to obtain coverage of the child,
enroll the child under family coverage upon application by the child's other parent, by the state
agency administering the Medicaid program, or the state agency administering 42 U.S.C. Sec.
651 through 669, the child support enforcement program;
(c) not disenroll or eliminate coverage of the child unless the employer is provided
satisfactory written evidence that:
(i) the court order is no longer in effect;
(ii) the child is or will be enrolled in comparable coverage which will take effect no
later than the effective date of disenrollment; or
(iii) the employer has eliminated family health coverage for all of its employees; and
(d) withhold from the employee's compensation the employee's share, if any, of
premiums for health coverage and to pay this amount to the insurer.
(9) An order issued under Section [
62A-11-326.1
] 
26B-9-225
 may be considered a
"qualified medical support order" for the purpose of enrolling a dependent child in a group
accident and health insurance plan as defined in Section 609(a), Federal Employee Retirement
Income Security Act of 1974.
(10) This section does not affect any insurer's ability to require as a precondition of any
child being covered under any policy of insurance that:
(a) the parent continues to be eligible for coverage;
(b) the child shall be identified to the insurer with adequate information to comply with
this section; and
(c) the premium shall be paid when due.
(11) This section applies to employee welfare benefit plans as defined in Section
[
26-19-102
] 
26B-3-1001
.
(12) (a) A policy that provides coverage to a child of a group member may not deny
eligibility for coverage to a child solely because:
(i) the child does not reside with the insured; or
(ii) the child is solely dependent on a former spouse of the insured rather than on the
insured.
(b) A child who does not reside with the insured may be excluded on the same basis as
a child who resides with the insured.
Section 101. Section 
31A-22-610.6
 is amended to read:
31A-22-610.6.
Special enrollment for individuals receiving premium assistance.
(1) As used in this section:
(a) "Premium assistance" means assistance under [
Title 26, Chapter 18, Medical
Assistance Act
] 
Title 26B, Chapter 3, Health Care - Administration and Assistance
, in the
payment of premium.
(b) "Qualified beneficiary" means an individual who is approved to receive premium
assistance.
(2) Subject to the other provisions in this section, an individual may enroll under this
section at a time outside of an employer health benefit plan open enrollment period, regardless
of previously waiving coverage, if the individual is:
(a) a qualified beneficiary who is eligible for coverage as an employee under the
employer health benefit plan; or
(b) a dependent of the qualified beneficiary who is eligible for coverage under the
employer health benefit plan.
(3) To be eligible to enroll outside of an open enrollment period, an individual
described in Subsection (2) shall enroll in the employer health benefit plan by no later than 30
days from the day on which the qualified beneficiary receives initial written notification, after
July 1, 2008, that the qualified beneficiary is eligible to receive premium assistance.
(4) An individual described in Subsection (2) may enroll under this section only in an
employer health benefit plan that is available at the time of enrollment to similarly situated
eligible employees or dependents of eligible employees.
(5) Coverage under an employer health benefit plan for an individual described in
Subsection (2) may begin as soon as the first day of the month immediately following
enrollment of the individual in accordance with this section.
(6) This section does not modify any requirement related to premiums that applies
under an employer health benefit plan to a similarly situated eligible employee or dependent of
an eligible employee under the employer health benefit plan.
(7) An employer health benefit plan may require an individual described in Subsection
(2) to satisfy a preexisting condition waiting period that:
(a) is allowed under the Health Insurance Portability and Accountability Act; and
(b) is not longer than 12 months.
Section 102. Section 
31A-22-613.5
 is amended to read:
31A-22-613.5.
Price and value comparisons of health insurance.
(1) (a) This section applies to all health benefit plans.
(b) Subsection (2) applies to:
(i) all health benefit plans; and
(ii) coverage offered to state employees under Subsection 
49-20-202
(1)(a).
(2) The commissioner shall promote informed consumer behavior and responsible
health benefit plans by requiring an insurer issuing a health benefit plan to provide to all
enrollees, before enrollment in the health benefit plan, written disclosure of:
(a) restrictions or limitations on prescription drugs and biologics, including:
(i) the use of a formulary;
(ii) co-payments and deductibles for prescription drugs; and
(iii) requirements for generic substitution;
(b) coverage limits under the plan;
(c) any limitation or exclusion of coverage, including:
(i) a limitation or exclusion for a secondary medical condition related to a limitation or
exclusion from coverage; and
(ii) easily understood examples of a limitation or exclusion of coverage for a secondary
medical condition;
(d) (i) (A) each drug, device, and covered service that is subject to a preauthorization
requirement as defined in Section 
31A-22-650
; or
(B) if listing each device or covered service in accordance with Subsection (2)(d)(i)(A)
is too numerous to list separately, all devices or covered services in a particular category where
all devices or covered services have the same preauthorization requirement;
(ii) each requirement for authorization as defined in Section 
31A-22-650
 for:
(A) each drug, device, or covered service described in Subsection (2)(d)(i)(A); and
(B) each category of devices or covered services described in Subsection (2)(d)(i)(B);
and
(iii) sufficient information to allow a network provider or enrollee to submit all of the
information to the insurer necessary to meet each requirement for authorization described in
Subsection (2)(d)(ii);
(e) whether the insurer permits an exchange of the adoption indemnity benefit in
Section 
31A-22-610.1
 for infertility treatments, in accordance with Subsection
31A-22-610.1
(1)(c)(ii) and the terms associated with the exchange of benefits; and
(f) whether the insurer provides coverage for telehealth services in accordance with
Section [
26-18-13.5
] 
26B-3-123
 and terms associated with that coverage.
(3) An insurer shall provide the disclosure required by Subsection (2) in writing to the
commissioner:
(a) upon commencement of operations in the state; and
(b) anytime the insurer amends any of the following described in Subsection (2):
(i) treatment policies;
(ii) practice standards;
(iii) restrictions;
(iv) coverage limits of the insurer's health benefit plan or health insurance policy; or
(v) limitations or exclusions of coverage including a limitation or exclusion for a
secondary medical condition related to a limitation or exclusion of the insurer's health
insurance plan.
(4) (a) An insurer shall provide the enrollee with notice of an increase in costs for
prescription drug coverage due to a change in benefit design under Subsection (2)(a):
(i) either:
(A) in writing; or
(B) on the insurer's website; and
(ii) at least 30 days prior to the date of the implementation of the increase in cost, or as
soon as reasonably possible.
(b) If under Subsection (2)(a) a formulary is used, the insurer shall make available to
prospective enrollees and maintain evidence of the fact of the disclosure of:
(i) the drugs included;
(ii) the patented drugs not included;
(iii) any conditions that exist as a precedent to coverage; and
(iv) any exclusion from coverage for secondary medical conditions that may result
from the use of an excluded drug.
(c) The commissioner shall develop examples of limitations or exclusions of a
secondary medical condition that an insurer may use under Subsection (2)(c).
(5) Examples of a limitation or exclusion of coverage provided under this section or
otherwise are for illustrative purposes only, and the failure of a particular fact situation to fall
within the description of an example does not, by itself, support a finding of coverage.
(6) An insurer shall:
(a) post the information described in Subsection (2)(d) on the insurer's website and
provider portal;
(b) if requested by an enrollee, provide the enrollee with the information required by
this section by mail or email; and
(c) if requested by a network provider for a specific drug, device, or covered service,
provide the network provider with the information described in Subsection (2)(d) for the drug,
device, or covered service by mail or email.
Section 103. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
(2) The actions affecting Section 
13-61-101
 (Effective 12/31/23) take effect on
December 31, 2023.
Section 104. 
 Coordinating S.B. 206 with H.B. 72 -- Renumbering and
superseding.
If this S.B. 206 and H.B. 72, Medical Cannabis Governance Revisions, both pass and
become law, the Legislature intends that the Office of Legislative Research and General
Counsel prepare the Utah Code database for publication on July 1, 2023, as follows:
(1) changes in H.B. 72 supersede the changes in this bill, as those changes went into
effect on May 3, 2023, in the following sections:
(a) Section 
4-41a-201
;
(b) Section 
10-9a-528
; and
(c) Section 
17-27a-525
;
(2) changing the reference to "Section 
26-61a-102
" in Subsection 
10-9a-528
(1)(c) in
this bill to "Section 
26B-4-201
"; and
(3) changing the reference to "Section 
26-61a-102
" in Subsection 
17-27a-525
(1)(c) in
this bill to "Section 
26B-4-201
".
Section 105. 
 Coordinating S.B. 206 with S.B. 64 -- Technical amendments.
If this S.B. 206 and S.B. 64, Bureau of Emergency Medical Services Amendments, both
pass and become law, the Legislature intends that the Office of Legislative Research and
General Counsel prepare the Utah Code database for publication on July 1, 2024, by having
changes in S.B. 64 supersede the changes in this bill, as those changes went into effect on May
3, 2023, in the following sections:
(1) Section 
53-2d-101
 (renumbered from Section 
26-8a-102
) in S.B. 64;
(2) Section 
53-2d-105
 (renumbered from Section 
26-8a-104
) in S.B. 64;
(3) Section 
53-2d-204
 (renumbered from Section 
26-8a-204
) in S.B. 64;
(4) Section 
53-2d-205
 (renumbered from Section 
26-8a-205
) in S.B. 64;
(5) Section 53-2d-206 (renumbered from Section 
26-8a-206
) in S.B. 64, subject to the
instructions in Section 106 of this bill; and
(6) Section 
53-2d-210
 (renumbered from Section 26-8a-211) in S.B. 64.
Section 106. 
 Coordinating S.B. 206 with H.B. 59 and S.B. 64 -- Technical
amendments.
If this S.B. 206, H.B. 59, First Responder Mental Health Amendments, and S.B. 64,
Bureau of Emergency Medical Services Amendments, all pass and become law, it is the intent
of the Legislature that the Office of Legislative Research and General Counsel prepare the Utah
Code database for publication, on July 1, 2024, by:
(1) renumbering Section 
26-8a-206
 in this bill to Section 53-2d-206; and
 (2) amending Section 53-2d-206 in S.B. 64 to read:
"(1) The [
department
] 
bureau
 shall develop and implement a statewide program to
provide support and counseling for personnel who have been exposed to one or more stressful
incidents in the course of providing emergency services.
(2) This program shall include:
(a) ongoing training for agencies providing emergency services and counseling
program volunteers;
(b) critical incident stress debriefing for personnel at no cost to the emergency
provider; and
(c) advising the department on training requirements for licensure as a behavioral
emergency services technician.
(3) The department shall reimburse reasonable actual expenses, including mileage,
incurred by a volunteer during the course of the volunteer's provision of critical incident stress
services under this section.".
Section 107. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, not enroll this bill if any of the following
bills do not pass:
(1) S.B. 38, Health and Human Services Recodification - Administration, Licensing,
and Recovery Services;
(2) S.B. 39, Health and Human Services Recodification - Health Care Assistance and
Data;
(3) S.B. 40, Health and Human Services Recodification - Health Care Delivery and
Repeals; or
(4) S.B. 41, Health and Human Services Recodification - Prevention, Supports,
Substance Use and Mental Health.