Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 13 Second Substitute (2024GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/20/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a county and municipality to consider a home-based education entity and micro-education entity as a permitted use in all zoning districts within a county and municipality;
• identifies the occupancy requirements to which a micro-education entity is subject;
• requires a local school board to excuse a student who attends a home-based education entity or micro-education entity under certain circumstances;
• provides that an instructor of a school-age child who attends a home-based education entity or micro-education entity is solely responsible for instruction, materials, and evaluation;
• prohibits a local school board from requiring a home-based education entity or micro-education entity to provide teaching credentials, submit to inspection, and conduct testing;
• prevents government entities from regulating home-based education entity and micro-education entity food preparation and distribution under certain circumstances;
• allows a student who attends a home-based education entity or micro-education entity to participate in extracurricular activities in a public school;
• exempts a student who attends a home-based education entity or micro-education entity from immunization requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

EDUCATION ENTITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Stephanie Gricius
LONG TITLE
Committee Note:
The Education Interim Committee recommended this bill.
Legislative Vote: 8 voting for 4 voting against 8 absent
General Description:
This bill provides a home-based education entity and micro-education entity with
certain similar duties, requirements, waivers, and rights as private and charter schools.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a county and municipality to consider a home-based education entity and
micro-education entity as a permitted use in all zoning districts within a county and
municipality;
▸ identifies the occupancy requirements to which a micro-education entity is subject;
▸ requires a local school board to excuse a student who attends a home-based
education entity or micro-education entity under certain circumstances;
▸ provides that an instructor of a school-age child who attends a home-based
education entity or micro-education entity is solely responsible for instruction,
materials, and evaluation;
▸ prohibits a local school board from requiring a home-based education entity or
micro-education entity to provide teaching credentials, submit to inspection, and
conduct testing;
▸ prevents government entities from regulating home-based education entity and
micro-education entity food preparation and distribution under certain
circumstances;
▸ allows a student who attends a home-based education entity or micro-education
entity to participate in extracurricular activities in a public school;
▸ exempts a student who attends a home-based education entity or micro-education
entity from immunization requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-103
, as last amended by Laws of Utah 2023, Chapters 16, 327 and 478
10-9a-305
, as last amended by Laws of Utah 2023, Chapter 16
10-9a-529
, as last amended by Laws of Utah 2023, Chapter 16
17-27a-103
, as last amended by Laws of Utah 2023, Chapters 15, 327 and 478
17-27a-305
, as last amended by Laws of Utah 2023, Chapter 15
32B-1-102
, as last amended by Laws of Utah 2023, Chapters 328, 371 and 400
53G-6-201
, as last amended by Laws of Utah 2021, Chapters 113, 261 and 427
53G-6-204
, as last amended by Laws of Utah 2023, Chapter 162
53G-6-702
, as last amended by Laws of Utah 2020, Chapter 408
53G-6-703
, as last amended by Laws of Utah 2023, Chapter 340
53G-6-706
, as last amended by Laws of Utah 2019, Chapter 293
53G-9-301
, as last amended by Laws of Utah 2023, Chapter 328
ENACTS:
53G-6-212
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. 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, special 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 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) "Home-based education entity" means the same as that term is defined in Section
53G-6-201
.
[
(20)
] 
(21)
 "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)
] 
(22)
 "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)
] 
(23)
 "Impact fee" means a payment of money imposed under Title 11, Chapter
36a, Impact Fees Act.
[
(23)
] 
(24)
 "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)
] 
(25)
 "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)
] 
(26)
 "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)
] 
(27)
 "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)
] 
(28)
 "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)
] 
(29)
 "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)
] 
(30)
 "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)
] 
(31)
 "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)
] 
(32)
 "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)
] 
(33)
 "Land use permit" means a permit issued by a land use authority.
[
(33)
] 
(34)
 "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)
] 
(35)
 "Legislative body" means the municipal council.
[
(35)
] 
(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.
[
(36)
] 
(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.
[
(37)
] 
(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 or a subdivision amendment.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
[
(38)
] 
(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) "Micro-education entity" means the same as that term is defined in Section
53G-6-201
.
[
(39)
] 
(41)
 "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.
[
(40)
] 
(42)
 "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.
[
(41)
] 
(43)
 "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.
[
(42)
] 
(44)
 "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.
[
(43)
] 
(45)
 "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.
[
(44)
] 
(46)
 "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.
[
(45)
] 
(47)
 "Parcel" means any real property that is not a lot.
[
(46)
] 
(48)
 (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.
[
(47)
] 
(49)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[
(48)
] 
(50)
 "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.
[
(49)
] 
(51)
 "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
.
[
(50)
] 
(52)
 "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.
[
(51)
] 
(53)
 "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, special district, special service district, or
other political subdivision of the state; or
(d) a charter school.
[
(52)
] 
(54)
 "Public hearing" means a hearing at which members of the public are
provided a reasonable opportunity to comment on the subject of the hearing.
[
(53)
] 
(55)
 "Public meeting" means a meeting that is required to be open to the public
under Title 52, Chapter 4, Open and Public Meetings Act.
[
(54)
] 
(56)
 "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.
[
(55)
] 
(57)
 "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.
[
(56)
] 
(58)
 "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
.
[
(57)
] 
(59)
 "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(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.
[
(58)
] 
(60)
 "Residential roadway" means a public local residential road that:
(a) will serve primarily to provide access to adjacent primarily residential areas and
property;
(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
(c) is not identified as a supplementary to a collector or other higher system classified
street in an approved municipal street or transportation master plan;
(d) has a posted speed limit of 25 miles per hour or less;
(e) does not have higher traffic volumes resulting from connecting previously separated
areas of the municipal road network;
(f) cannot have a primary access, but can have a secondary access, and does not abut
lots intended for high volume traffic or community centers, including schools, recreation
centers, sports complexes, or libraries; and
(g) primarily serves traffic within a neighborhood or limited residential area and is not
necessarily continuous through several residential areas.
[
(59)
] 
(61)
 "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)
] 
(62)
 "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)
] 
(63)
 "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)
] 
(64)
 "Special district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Special Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
[
(63)
] 
(65)
 "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
[
(64)
] 
(66)
 "Specified public utility" means an electrical corporation, gas corporation,
or telephone corporation, as those terms are defined in Section 
54-2-1
.
[
(65)
] 
(67)
 "State" includes any department, division, or agency of the state.
[
(66)
] 
(68)
 (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)
] 
(68)(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.
[
(67)
] 
(69)
 (a) "Subdivision amendment" means an amendment to a recorded
subdivision in accordance with Section 
10-9a-608
 that:
(i) vacates all or a portion of the subdivision;
(ii) alters the outside boundary of the subdivision;
(iii) changes the number of lots within the subdivision;
(iv) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(v) alters a common area or other common amenity within the subdivision.
(b) "Subdivision amendment" does not include a lot line adjustment, between a single
lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
[
(68)
] 
(70)
 "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
[
(69)
] 
(71)
 "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.
[
(70)
] 
(72)
 "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.
[
(71)
] 
(73)
 "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.
[
(72)
] 
(74)
 "Unincorporated" means the area outside of the incorporated area of a city
or town.
[
(73)
] 
(75)
 "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
.
[
(74)
] 
(76)
 "Zoning map" means a map, adopted as part of a land use ordinance, that
depicts land use zones, overlays, or districts.
Section 2. Section 
10-9a-305
 is amended to read:
10-9a-305.
Other entities required to conform to municipality's land use
ordinances -- Exceptions -- School districts, charter schools. home-based education
entities, and micro-education entities -- Submission of development plan and schedule.
(1) (a) Each county, municipality, school district, charter school, special district,
special service district, and political subdivision of the state shall conform to any applicable
land use ordinance of any municipality when installing, constructing, operating, or otherwise
using any area, land, or building situated within that municipality.
(b) In addition to any other remedies provided by law, when a municipality's land use
ordinance is violated or about to be violated by another political subdivision, that municipality
may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Except as provided in Subsection (3), a school district or charter school is
subject to a municipality's land use ordinances.
(b) (i) Notwithstanding Subsection (3), a municipality may:
(A) subject a charter school to standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging; and
(B) impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection (3)(f).
(ii) The standards to which a municipality may subject a charter school under
Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (7)(d), the only basis upon which a municipality
may deny or withhold approval of a charter school's land use application is the charter school's
failure to comply with a standard imposed under Subsection (2)(b)(i).
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
obligation to comply with a requirement of an applicable building or safety code to which it is
otherwise obligated to comply.
(3) A municipality may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations,
construction methods or materials, additional building inspections, municipal building codes,
building use for educational purposes, or the placement or use of temporary classroom facilities
on school property;
(b) except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
children and not located on or contiguous to school property, unless the roadway or sidewalk is
required to connect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for inspection by an
inspector, other than the project architect or contractor, who is qualified under criteria
established by the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary
to avoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to pupils,
impose a regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use or
structure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4) Subject to Section 
53E-3-710
, a school district or charter school shall coordinate
the siting of a new school with the municipality in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of
the impacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b) provide recommendations based upon the walk-through.
(6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
(i) a municipal building inspector;
(ii) (A) for a school district, a school district building inspector from that school
district; or
(B) for a charter school, a school district building inspector from the school district in
which the charter school is located; or
(iii) an independent, certified building inspector who is[
:
]
[
(A)
] not an employee of the contractor[
;
]
, licensed to perform the inspection that the
inspector is requested to perform, and
[
(B)
] approved by[
:(I)
] a municipal building inspector[
;
]
or
:
[
(II) (Aa)
] 
(A)
 for a school district, a school district building inspector from that school
district; or
[
(Bb)
] 
(B)
 for a charter school, a school district building inspector from the school
district in which the charter school is located[
; and
]
.
[
(C) licensed to perform the inspection that the inspector is requested to perform.
]
(b) The approval under Subsection [
(6)(a)(iii)(B)
] 
(6)(a)(iii)
 may not be unreasonably
withheld.
(c) If a school district or charter school uses a school district or independent building
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
the state superintendent of public instruction and municipal building official, on a monthly
basis during construction of the school building, a copy of each inspection certificate regarding
the school building.
(7) (a) A charter school
, home-based education entity, or micro-education entity
 shall
be considered a permitted use in all zoning districts within a municipality.
(b) Each land use application for any approval required for a charter school,
home-based education entity, or micro-education entity,
 including an application for a building
permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school 
or a micro-education entity
 may not
exceed the minimum parking requirements for schools or other institutional public uses
throughout the municipality.
(d) If a municipality has designated zones for a sexually oriented business, or a
business which sells alcohol, a charter school 
or a micro-education entity
 may be prohibited
from a location which would otherwise defeat the purpose for the zone unless the charter
school 
or micro-education entity
 provides a waiver.
(e) (i) A school district [
or a
]
,
 charter school
, or micro-education entity
 may seek a
certificate authorizing permanent occupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection
53E-3-706
(3), if the school district or charter school used an independent building inspector for
inspection of the school building; or
(B) a municipal official with authority to issue the certificate, if the school district [
or
]
,
charter school
, or micro-education entity
 used a municipal building inspector for inspection of
the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of
a school building if it used its own building inspector for inspection of the school building,
subject to the notification requirement of Subsection 
53E-3-706
(3)(a)(ii).
(iii) A charter school 
or micro-education entity
 may seek a certificate authorizing
permanent occupancy of a school building from a school district official with authority to issue
the certificate, if the charter school 
or micro-education entity
 used a school district building
inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection 
53E-3-706
(3) or a school district official with authority
to issue the certificate shall be considered to satisfy any municipal requirement for an
inspection or a certificate of occupancy.
(f) (i) A micro-education entity may operate in a facility that meets Group E
Occupancy requirements as defined by the International Building Code, as incorporated by
Subsection 
15A-2-103
(1)(a).
(ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i):
(A) may have up to 100 students in the facility; and
(B) shall have enough space for at least 20 net square feet per student.
(g) A micro-education entity may operate in a facility that is subject to and complies
with the same occupancy requirements as a Class B Occupancy as defined by the International
Building Code, as incorporated by Subsection 
15A-2-103
(1)(a), if:
(i) the facility has a code compliant fire alarm system and carbon monoxide detection
system;
(ii) (A) each classroom in the facility has an exit directly to the outside at the level of
exit or discharge; or
(B) the structure has a code compliant fire sprinkler system;
(iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
are greater than 12,000 square feet; and
(iv) the facility has enough space for at least 20 net square feet per student.
(h) (i) A home-based education entity is not subject to additional occupancy
requirements beyond occupancy requirements that apply to a primary dwelling, except that the
home-based education entity shall have enough space for at least 35 net square feet per student.
(ii) If a floor that is below grade in a home-based education entity is used for
home-based education entity purposes, the below grade floor of the home-based education
entity shall have at least one emergency escape or rescue window that complies with the
requirements for emergency escape and rescue windows as defined by the International
Residential Code, as incorporated by Section 
15A-1-210
.
(8) (a) A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than the
commencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 
11-36a-102
(17)(a), (b), (c),
(d), (e), and (g) caused by the development;
(C) the amount of any applicable fee described in Section 
10-9a-510
;
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission
under Subsection (8)(a) with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
process of preparing the budget for the development.
(9) Nothing in this section may be construed to:
(a) modify or supersede Section 
10-9a-304
; or
(b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance,
that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1990, 42 U.S.C. 12102, or any other provision of federal law.
(10) Nothing in Subsection (7) prevents a political subdivision from:
(a) requiring a home-based education entity or micro-education entity to comply with
municipal zoning and land use regulations that do not conflict with this section, including:
(i) parking;
(ii) traffic; and
(iii) hours of operation;
(b) requiring a home-based education entity or micro-education entity to obtain a
business license;
(c) enacting municipal ordinances and regulations consistent with this section;
(d) subjecting a micro-education entity to standards within each zone pertaining to
setback, height, bulk and massing regulations, off-site parking, curb cut, traffic circulation, and
construction staging; and
(e) imposing regulations on the location of a project that are necessary to avoid risks to
health or safety.
Section 3. Section 
10-9a-529
 is amended to read:
10-9a-529.
Specified public utility located in a municipal utility easement.
A specified public utility may exercise each power of a public utility under Section
54-3-27
 if the specified public utility uses an easement:
(1) with the consent of a municipality; and
(2) that is located within a municipal utility easement described in Subsections
[
10-9a-103
(40)(a) through (e)
] 
10-9a-103
(42)(a) through (e)
.
Section 4. 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, special 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 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) "Home-based education entity" means the same as that term is defined in Section
53G-6-201
.
[
(22)
] 
(23)
 "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)
] 
(24)
 "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)
] 
(25)
 "Impact fee" means a payment of money imposed under Title 11, Chapter
36a, Impact Fees Act.
[
(25)
] 
(26)
 "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)
] 
(27)
 "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)
] 
(28)
 "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)
] 
(29)
 "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)
] 
(30)
 "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)
] 
(31)
 "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)
] 
(32)
 "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)
] 
(33)
 "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)
] 
(34)
 "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)
] 
(35)
 "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)
] 
(36)
 "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)
] 
(37)
 "Land use permit" means a permit issued by a land use authority.
[
(37)
] 
(38)
 "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)
] 
(39)
 "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)
] 
(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.
[
(40)
] 
(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 or a subdivision amendment.
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
Department of Transportation.
[
(41)
] 
(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) "Micro-education entity" means that same as that term is defined in Section
53G-6-201
.
[
(42)
] 
(44)
 "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.
[
(43)
] 
(45)
 "Mountainous planning district" means an area designated by a county
legislative body in accordance with Section 
17-27a-901
.
[
(44)
] 
(46)
 "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.
[
(45)
] 
(47)
 "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.
[
(46)
] 
(48)
 "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.
[
(47)
] 
(49)
 "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.
[
(48)
] 
(50)
 "Parcel" means any real property that is not a lot.
[
(49)
] 
(51)
 (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.
[
(50)
] 
(52)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[
(51)
] 
(53)
 "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.
[
(52)
] 
(54)
 "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.
[
(53)
] 
(55)
 "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
.
[
(54)
] 
(56)
 "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.
[
(55)
] 
(57)
 "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, special district, special service district, or
other political subdivision of the state; or
(d) a charter school.
[
(56)
] 
(58)
 "Public hearing" means a hearing at which members of the public are
provided a reasonable opportunity to comment on the subject of the hearing.
[
(57)
] 
(59)
 "Public meeting" means a meeting that is required to be open to the public
under Title 52, Chapter 4, Open and Public Meetings Act.
[
(58)
] 
(60)
 "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.
[
(59)
] 
(61)
 "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.
[
(60)
] 
(62)
 "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
.
[
(61)
] 
(63)
 "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(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.
[
(62)
] 
(64)
 "Residential roadway" means a public local residential road that:
(a) will serve primarily to provide access to adjacent primarily residential areas and
property;
(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
(c) is not identified as a supplementary to a collector or other higher system classified
street in an approved municipal street or transportation master plan;
(d) has a posted speed limit of 25 miles per hour or less;
(e) does not have higher traffic volumes resulting from connecting previously separated
areas of the municipal road network;
(f) cannot have a primary access, but can have a secondary access, and does not abut
lots intended for high volume traffic or community centers, including schools, recreation
centers, sports complexes, or libraries; and
(g) primarily serves traffic within a neighborhood or limited residential area and is not
necessarily continuous through several residential areas.
[
(63)
] 
(65)
 "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)
] 
(66)
 "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)
] 
(67)
 "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)
] 
(68)
 "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)
] 
(69)
 (a) "Special district" means an entity under Title 17B, Limited Purpose
Local Government Entities - Special Districts.
(b) "Special district" includes a governmental or quasi-governmental entity that is not a
county, municipality, school district, or the state.
[
(68)
] 
(70)
 "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
[
(69)
] 
(71)
 "Specified public utility" means an electrical corporation, gas corporation,
or telephone corporation, as those terms are defined in Section 
54-2-1
.
[
(70)
] 
(72)
 "State" includes any department, division, or agency of the state.
[
(71)
] 
(73)
 (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)
] 
(73)(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.
[
(72)
] 
(74)
 (a) "Subdivision amendment" means an amendment to a recorded
subdivision in accordance with Section 
17-27a-608
 that:
(i) vacates all or a portion of the subdivision;
(ii) alters the outside boundary of the subdivision;
(iii) changes the number of lots within the subdivision;
(iv) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(v) alters a common area or other common amenity within the subdivision.
(b) "Subdivision amendment" does not include a lot line adjustment, between a single
lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
[
(73)
] 
(75)
 "Substantial evidence" means evidence that:
(a) is beyond a scintilla; and
(b) a reasonable mind would accept as adequate to support a conclusion.
[
(74)
] 
(76)
 "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.
[
(75)
] 
(77)
 "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.
[
(76)
] 
(78)
 "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.
[
(77)
] 
(79)
 "Unincorporated" means the area outside of the incorporated area of a
municipality.
[
(78)
] 
(80)
 "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
.
[
(79)
] 
(81)
 "Zoning map" means a map, adopted as part of a land use ordinance, that
depicts land use zones, overlays, or districts.
Section 5. Section 
17-27a-305
 is amended to read:
17-27a-305.
Other entities required to conform to county's land use ordinances --
Exceptions -- School districts, charter schools, home-based education entities, and
micro-education entities -- Submission of development plan and schedule.
(1) (a) Each county, municipality, school district, charter school, special district,
special service district, and political subdivision of the state shall conform to any applicable
land use ordinance of any county when installing, constructing, operating, or otherwise using
any area, land, or building situated within a mountainous planning district or the
unincorporated portion of the county, as applicable.
(b) In addition to any other remedies provided by law, when a county's land use
ordinance is violated or about to be violated by another political subdivision, that county may
institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Except as provided in Subsection (3), a school district or charter school is
subject to a county's land use ordinances.
(b) (i) Notwithstanding Subsection (3), a county may:
(A) subject a charter school to standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging; and
(B) impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection (3)(f).
(ii) The standards to which a county may subject a charter school under Subsection
(2)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
deny or withhold approval of a charter school's land use application is the charter school's
failure to comply with a standard imposed under Subsection (2)(b)(i).
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
obligation to comply with a requirement of an applicable building or safety code to which it is
otherwise obligated to comply.
(3) A county may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations,
construction methods or materials, additional building inspections, county building codes,
building use for educational purposes, or the placement or use of temporary classroom facilities
on school property;
(b) except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
children and not located on or contiguous to school property, unless the roadway or sidewalk is
required to connect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for inspection by an
inspector, other than the project architect or contractor, who is qualified under criteria
established by the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary
to avoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to pupils,
impose a regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use or
structure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4) Subject to Section 
53E-3-710
, a school district or charter school shall coordinate
the siting of a new school with the county in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of
the impacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b) provide recommendations based upon the walk-through.
(6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
(i) a county building inspector;
(ii) (A) for a school district, a school district building inspector from that school
district; or
(B) for a charter school, a school district building inspector from the school district in
which the charter school is located; or
(iii) an independent, certified building inspector who is[
:(A)
] not an employee of the
contractor[
; (B)
]
, licensed to perform the inspection that the inspector is requested to perform,
and
 approved by[
:(I)
] a county building inspector[
;
] or
:
[
(II) (Aa)
] 
(A)
 for a school district, a school district building inspector from that school
district; or
[
(Bb)
] 
(B)
 for a charter school, a school district building inspector from the school
district in which the charter school is located[
; and
]
.
[
(C) licensed to perform the inspection that the inspector is requested to perform.
]
(b) The approval under Subsection [
(6)(a)(iii)(B)
] 
(6)(a)(iii)
 may not be unreasonably
withheld.
(c) If a school district or charter school uses a school district or independent building
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
the state superintendent of public instruction and county building official, on a monthly basis
during construction of the school building, a copy of each inspection certificate regarding the
school building.
(7) (a) A charter school
, home-based education entity, or micro-education entity
 shall
be considered a permitted use in all zoning districts within a county.
(b) Each land use application for any approval required for a charter school,
home-based education entity, or micro-education entity,
 including an application for a building
permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school 
or micro-education entity
 may not exceed
the minimum parking requirements for schools or other institutional public uses throughout the
county.
(d) If a county has designated zones for a sexually oriented business, or a business
which sells alcohol, a charter school 
or micro-education entity
 may be prohibited from a
location which would otherwise defeat the purpose for the zone unless the charter school 
or
micro-education entity
 provides a waiver.
(e) (i) A school district [
or a
]
,
 charter school
, or micro-education entity
 may seek a
certificate authorizing permanent occupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection
53E-3-706
(3), if the school district [
or
]
,
 charter school
, or micro-education entity
 used an
independent building inspector for inspection of the school building; or
(B) a county official with authority to issue the certificate, if the school district [
or
]
,
charter school
, or micro-education entity
 used a county building inspector for inspection of the
school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of
a school building if it used its own building inspector for inspection of the school building,
subject to the notification requirement of Subsection 
53E-3-706
(3)(a)(ii).
(iii) A charter school 
or micro-education entity
 may seek a certificate authorizing
permanent occupancy of a school building from a school district official with authority to issue
the certificate, if the charter school 
or micro-education entity
 used a school district building
inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection 
53E-3-706
(3) or a school district official with authority
to issue the certificate shall be considered to satisfy any county requirement for an inspection or
a certificate of occupancy.
(f) (i) A micro-education entity may operate a facility that meets Group E Occupancy
requirements as defined by the International Building Code, as incorporated by Subsection
15A-2-103
(1)(a).
(ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i):
(A) may have up to 100 students in the facility; and
(B) shall have enough space for at least 20 net square feet per student;
(g) A micro-education entity may operate a facility that is subject to and complies with
the same occupancy requirements as a Class B Occupancy as defined by the International
Building Code, as incorporated by Subsection 
15A-2-103
(1)(a), if:
(i) the facility has a code compliant fire alarm system and carbon monoxide detection
system;
(ii) (A) each classroom in the facility has an exit directly to the outside at the level of
exit discharge; or
(B) the structure has a code compliant fire sprinkler system;
(iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
are greater than 12,000 square feet; and
(iv) the facility has enough space for at least 20 net square feet per student.
(h) (i) A home-based education entity is not subject to additional occupancy
requirements beyond occupancy requirements that apply to a primary dwelling, except that the
home-based education entity shall have enough space for at least 35 square feet per student.
(ii) If a floor that is below grade in a home-based education entity is used for
home-based education entity purposes, the below grade floor of the home-based education
entity shall have at least one emergency escape or rescue window that complies with the
requirements for emergency escape and rescue windows as defined by the International
Residential Code, as incorporated in Section 
15A-1-210
.
(8) (a) A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than the
commencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 
11-36a-102
(17)(a), (b), (c),
(d), (e), and (g) caused by the development;
(C) the amount of any applicable fee described in Section 
17-27a-509
;
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission
under Subsection (8)(a) with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
process of preparing the budget for the development.
(9) Nothing in this section may be construed to:
(a) modify or supersede Section 
17-27a-304
; or
(b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1990, 42 U.S.C. 12102, or any other provision of federal law.
(10) Nothing in Subsection (7) prevents a political subdivision from:
(a) requiring a home-based education entity or micro-education entity to comply with
local zoning and land use regulations that do not conflict with this section, including:
(i) parking;
(ii) traffic; and
(iii) hours of operation;
(b) requiring a home-based education entity or micro-education entity to obtain a
business license;
(c) enacting county ordinances and regulations consistent with this section;
(d) subjecting a micro-education entity to standards within each zone pertaining to
setback, height, bulk and massing regulations, off-site parking, cub cut, traffic circulation, and
construction staging; and
(e) imposing regulations on the location of a project that are necessary to avoid risks to
health or safety.
Section 6. Section 
32B-1-102
 is amended to read:
32B-1-102.
Definitions.
As used in this title:
(1) "Airport lounge" means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport or domestic airport.
(2) "Airport lounge license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
(3) "Alcoholic beverage" means the following:
(a) beer; or
(b) liquor.
(4) (a) "Alcoholic product" means a product that:
(i) contains at least .5% of alcohol by volume; and
(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
in an amount equal to or greater than .5% of alcohol by volume.
(b) "Alcoholic product" includes an alcoholic beverage.
(c) "Alcoholic product" does not include any of the following common items that
otherwise come within the definition of an alcoholic product:
(i) except as provided in Subsection (4)(d), an extract;
(ii) vinegar;
(iii) preserved nonintoxicating cider;
(iv) essence;
(v) tincture;
(vi) food preparation; or
(vii) an over-the-counter medicine.
(d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
when it is used as a flavoring in the manufacturing of an alcoholic product.
(5) "Alcohol training and education seminar" means a seminar that is:
(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
(b) described in Section 
26B-5-205
.
(6) "Arena" means an enclosed building:
(a) that is managed by:
(i) the same person who owns the enclosed building;
(ii) a person who has a majority interest in each person who owns or manages a space
in the enclosed building; or
(iii) a person who has authority to direct or exercise control over the management or
policy of each person who owns or manages a space in the enclosed building;
(b) that operates as a venue; and
(c) that has an occupancy capacity of at least 12,500.
(7) "Arena license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8c, Arena License Act.
(8) "Banquet" means an event:
(a) that is a private event or a privately sponsored event;
(b) that is held at one or more designated locations approved by the commission in or
on the premises of:
(i) a hotel;
(ii) a resort facility;
(iii) a sports center;
(iv) a convention center;
(v) a performing arts facility;
(vi) an arena; or
(vii) a restaurant venue;
(c) for which there is a contract:
(i) between a person operating a facility listed in Subsection (8)(b) and another person
that has common ownership of less than 20% with the person operating the facility; and
(ii) under which the person operating a facility listed in Subsection (8)(b) is required to
provide an alcoholic product at the event; and
(d) at which food and alcoholic products may be sold, offered for sale, or furnished.
(9) (a) "Bar establishment license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
(b) "Bar establishment license" includes:
(i) a dining club license;
(ii) an equity license;
(iii) a fraternal license; or
(iv) a bar license.
(10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 4, Bar Establishment License.
(11) (a) "Beer" means a product that:
(i) contains:
(A) at least .5% of alcohol by volume; and
(B) no more than 5% of alcohol by volume or 4% by weight;
(ii) is obtained by fermentation, infusion, or decoction of:
(A) malt; or
(B) a malt substitute; and
(iii) is clearly marketed, labeled, and identified as:
(A) beer;
(B) ale;
(C) porter;
(D) stout;
(E) lager;
(F) a malt;
(G) a malted beverage; or
(H) seltzer.
(b) "Beer" may contain:
(i) hops extract;
(ii) caffeine, if the caffeine is a natural constituent of an added ingredient; or
(iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
(A) is used in the production of beer;
(B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
(C) does not contribute more than 10% of the overall alcohol content of the beer.
(c) "Beer" does not include:
(i) a flavored malt beverage;
(ii) a product that contains alcohol derived from:
(A) except as provided in Subsection (11)(b)(iii), spirituous liquor; or
(B) wine; or
(iii) a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
(12) "Beer-only restaurant license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
(13) "Beer retailer" means a business that:
(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
for consumption on or off the business premises; and
(b) is licensed as:
(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
Retailer Local Authority; or
(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
Chapter 6, Part 7, On-Premise Beer Retailer License.
(14) "Beer wholesaling license" means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
retail licensees or off-premise beer retailers.
(15) "Billboard" means a public display used to advertise, including:
(a) a light device;
(b) a painting;
(c) a drawing;
(d) a poster;
(e) a sign;
(f) a signboard; or
(g) a scoreboard.
(16) "Brewer" means a person engaged in manufacturing:
(a) beer;
(b) heavy beer; or
(c) a flavored malt beverage.
(17) "Brewery manufacturing license" means a license issued in accordance with
Chapter 11, Part 5, Brewery Manufacturing License.
(18) "Certificate of approval" means a certificate of approval obtained from the
department under Section 
32B-11-201
.
(19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
a bus company to a group of persons pursuant to a common purpose:
(a) under a single contract;
(b) at a fixed charge in accordance with the bus company's tariff; and
(c) to give the group of persons the exclusive use of the passenger bus, coach, or other
motor vehicle, and a driver to travel together to one or more specified destinations.
(20) "Church" means a building:
(a) set apart for worship;
(b) in which religious services are held;
(c) with which clergy is associated; and
(d) that is tax exempt under the laws of this state.
(21) "Commission" means the Alcoholic Beverage Services Commission created in
Section 
32B-2-201
.
(22) "Commissioner" means a member of the commission.
(23) "Community location" means:
(a) a public or private school;
(b) a church;
(c) a public library;
(d) a public playground; or
(e) a public park.
(24) "Community location governing authority" means:
(a) the governing body of the community location; or
(b) if the commission does not know who is the governing body of a community
location, a person who appears to the commission to have been given on behalf of the
community location the authority to prohibit an activity at the community location.
(25) "Container" means a receptacle that contains an alcoholic product, including:
(a) a bottle;
(b) a vessel; or
(c) a similar item.
(26) "Controlled group of manufacturers" means as the commission defines by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(27) "Convention center" means a facility that is:
(a) in total at least 30,000 square feet; and
(b) otherwise defined as a "convention center" by the commission by rule.
(28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
where seating is provided to a patron for service of food.
(b) "Counter" does not include a dispensing structure.
(29) "Crime involving moral turpitude" is as defined by the commission by rule.
(30) "Department" means the Department of Alcoholic Beverage Services created in
Section 
32B-2-203
.
(31) "Department compliance officer" means an individual who is:
(a) an auditor or inspector; and
(b) employed by the department.
(32) "Department sample" means liquor that is placed in the possession of the
department for testing, analysis, and sampling.
(33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a dining club license.
(34) "Director," unless the context requires otherwise, means the director of the
department.
(35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
title:
(a) against a person subject to administrative action; and
(b) that is brought on the basis of a violation of this title.
(36) (a) Subject to Subsection (36)(b), "dispense" means:
(i) drawing an alcoholic product; and
(ii) using the alcoholic product at the location from which it was drawn to mix or
prepare an alcoholic product to be furnished to a patron of the retail licensee.
(b) The definition of "dispense" in this Subsection (36) applies only to:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a reception center license;
(iv) a beer-only restaurant license;
(v) a bar license;
(vi) an on-premise beer retailer;
(vii) an airport lounge license;
(viii) an on-premise banquet license; and
(ix) a hospitality amenity license.
(37) "Dispensing structure" means a surface or structure on a licensed premises:
(a) where an alcoholic product is dispensed; or
(b) from which an alcoholic product is served.
(38) "Distillery manufacturing license" means a license issued in accordance with
Chapter 11, Part 4, Distillery Manufacturing License.
(39) "Distressed merchandise" means an alcoholic product in the possession of the
department that is saleable, but for some reason is unappealing to the public.
(40) "Domestic airport" means an airport that:
(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
(b) receives scheduled commercial passenger aircraft service; and
(c) is not an international airport.
(41) "Equity license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as an equity license.
(42) "Event permit" means:
(a) a single event permit; or
(b) a temporary beer event permit.
(43) "Exempt license" means a license exempt under Section 
32B-1-201
 from being
considered in determining the total number of retail licenses that the commission may issue at
any time.
(44) (a) "Flavored malt beverage" means a beverage:
(i) that contains at least .5% alcohol by volume;
(ii) for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
is treated by processing, filtration, or another method of manufacture that is not generally
recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
liquor; and
(iii) for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
includes an ingredient containing alcohol.
(b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
ethanol-based flavoring agent that contributes to the overall alcohol content of the beverage.
(c) "Flavored malt beverage" does not include beer or heavy beer.
(d) "Flavored malt beverage" is considered liquor for purposes of this title.
(45) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a fraternal license.
(46) "Full-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
(47) (a) "Furnish" means by any means to provide with, supply, or give an individual
an alcoholic product, by sale or otherwise.
(b) "Furnish" includes to:
(i) serve;
(ii) deliver; or
(iii) otherwise make available.
(48) "Guest" means an individual who meets the requirements of Subsection
32B-6-407
(9).
(49) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
(50) "Health care practitioner" means:
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
Act;
(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act;
(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
Practice Act;
(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act;
(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act;
(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act;
(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
Hygienist Practice Act; and
(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act.
(51) (a) "Heavy beer" means a product that:
(i) (A) contains more than 5% alcohol by volume;
(B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring
agent that contributes more than 10% of the overall alcohol content of the product; or
(C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
volume or 4% by weight, and has a label or packaging that is rejected under Subsection
32B-1-606
(3)(b); and
(ii) is obtained by fermentation, infusion, or decoction of:
(A) malt; or
(B) a malt substitute.
(b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes to
the overall alcohol content of the heavy beer.
(c) "Heavy beer" does not include:
(i) a flavored malt beverage;
(ii) a product that contains alcohol derived from:
(A) except as provided in Subsections (51)(a)(i)(B) and (51)(b), spirituous liquor; or
(B) wine; or
(iii) a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
(d) "Heavy beer" is considered liquor for the purposes of this title.
(52) "Hospitality amenity license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
(53) (a) "Hotel" means a commercial lodging establishment that:
(i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
(ii) is capable of hosting conventions, conferences, and food and beverage functions
under a banquet contract; and
(iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
meals;
(B) has at least 1,000 square feet of function space consisting of meeting or dining
rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
(C) if the establishment is located in a small or unincorporated locality, has an
appropriate amount of function space consisting of meeting or dining rooms that can be
reserved for private use under a banquet contract, as determined by the commission.
(b) "Hotel" includes a commercial lodging establishment that:
(i) meets the requirements under Subsection (53)(a); and
(ii) has one or more privately owned dwelling units.
(54) "Hotel license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8b, Hotel License Act.
(55) "Identification card" means an identification card issued under Title 53, Chapter 3,
Part 8, Identification Card Act.
(56) "Industry representative" means an individual who is compensated by salary,
commission, or other means for representing and selling an alcoholic product of a
manufacturer, supplier, or importer of liquor.
(57) "Industry representative sample" means liquor that is placed in the possession of
the department for testing, analysis, and sampling by a local industry representative on the
premises of the department to educate the local industry representative of the quality and
characteristics of the product.
(58) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
of an alcoholic product is prohibited by:
(a) law; or
(b) court order.
(59) "International airport" means an airport:
(a) with a United States Customs and Border Protection office on the premises of the
airport; and
(b) at which international flights may enter and depart.
(60) "Intoxicated" or "intoxication" means that
an individual exhibits plain and easily observable outward manifestations of behavior
or physical signs produced by or as a result of the use of:
(a) an alcoholic product;
(b) a controlled substance;
(c) a substance having the property of releasing toxic vapors; or
(d) a combination of products or substances described in Subsections (60)(a) through
(c).
(61) "Investigator" means an individual who is:
(a) a department compliance officer; or
(b) a nondepartment enforcement officer.
(62) "License" means:
(a) a retail license;
(b) a sublicense;
(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer
State License;
(d) a license issued in accordance with Chapter 11, Manufacturing and Related
Licenses Act;
(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
(63) "Licensee" means a person who holds a license.
(64) "Limited-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
(65) "Limousine" means a motor vehicle licensed by the state or a local authority, other
than a bus or taxicab:
(a) in which the driver and a passenger are separated by a partition, glass, or other
barrier;
(b) that is provided by a business entity to one or more individuals at a fixed charge in
accordance with the business entity's tariff; and
(c) to give the one or more individuals the exclusive use of the limousine and a driver
to travel to one or more specified destinations.
(66) (a) (i) "Liquor" means a liquid that:
(A) is:
(I) alcohol;
(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
(IV) other drink or drinkable liquid; and
(B) (I) contains at least .5% alcohol by volume; and
(II) is suitable to use for beverage purposes.
(ii) "Liquor" includes:
(A) heavy beer;
(B) wine; and
(C) a flavored malt beverage.
(b) "Liquor" does not include beer.
(67) "Liquor Control Fund" means the enterprise fund created by Section 
32B-2-301
.
(68) "Liquor transport license" means a license issued in accordance with Chapter 17,
Liquor Transport License Act.
(69) "Liquor warehousing license" means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
(b) to a person, other than a licensed manufacturer, who engages in the importation for
storage, sale, or distribution of liquor regardless of amount.
(70) "Local authority" means:
(a) for premises that are located in an unincorporated area of a county, the governing
body of a county;
(b) for premises that are located in an incorporated city, town, or metro township, the
governing body of the city, town, or metro township; or
(c) for premises that are located in a project area as defined in Section 
63H-1-102
 and
in a project area plan adopted by the Military Installation Development Authority under Title
63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
Development Authority.
(71) "Lounge or bar area" is as defined by rule made by the commission.
(72) "Malt substitute" means:
(a) rice;
(b) grain;
(c) bran;
(d) glucose;
(e) sugar; or
(f) molasses.
(73) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(74) "Member" means an individual who, after paying regular dues, has full privileges
in an equity licensee or fraternal licensee.
(75) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
or homeport facility for a ship:
(i) (A) under the control of the United States Department of Defense; or
(B) of the National Guard;
(ii) that is located within the state; and
(iii) including a leased facility.
(b) "Military installation" does not include a facility used primarily for:
(i) civil works;
(ii) a rivers and harbors project; or
(iii) a flood control project.
(76) "Minibar" means an area of a hotel guest room where one or more alcoholic
products are kept and offered for self-service sale or consumption.
(77) "Minor" means an individual under 21 years old.
(78) "Nondepartment enforcement agency" means an agency that:
(a) (i) is a state agency other than the department; or
(ii) is an agency of a county, city, town, or metro township; and
(b) has a responsibility to enforce one or more provisions of this title.
(79) "Nondepartment enforcement officer" means an individual who is:
(a) a peace officer, examiner, or investigator; and
(b) employed by a nondepartment enforcement agency.
(80) (a) "Off-premise beer retailer" means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
premises.
(b) "Off-premise beer retailer" does not include an on-premise beer retailer.
(81) "Off-premise beer retailer state license" means a state license issued in accordance
with Chapter 7, Part 4, Off-premise Beer Retailer State License.
(82) "On-premise banquet license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
(83) "On-premise beer retailer" means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in
accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
Retailer License; and
(b) engaged in the sale of beer to a patron for consumption on the beer retailer's
premises:
(i) regardless of whether the beer retailer sells beer for consumption off the licensed
premises; and
(ii) on and after March 1, 2012, operating:
(A) as a tavern; or
(B) in a manner that meets the requirements of Subsection 
32B-6-703
(2)(e)(i).
(84) "Opaque" means impenetrable to sight.
(85) "Package agency" means a retail liquor location operated:
(a) under an agreement with the department; and
(b) by a person:
(i) other than the state; and
(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
Agency, to sell packaged liquor for consumption off the premises of the package agency.
(86) "Package agent" means a person who holds a package agency.
(87) "Patron" means an individual to whom food, beverages, or services are sold,
offered for sale, or furnished, or who consumes an alcoholic product including:
(a) a customer;
(b) a member;
(c) a guest;
(d) an attendee of a banquet or event;
(e) an individual who receives room service;
(f) a resident of a resort; or
(g) a hospitality guest, as defined in Section 
32B-6-1002
, under a hospitality amenity
license.
(88) (a) "Performing arts facility" means a multi-use performance space that:
(i) is primarily used to present various types of performing arts, including dance,
music, and theater;
(ii) contains over 2,500 seats;
(iii) is owned and operated by a governmental entity; and
(iv) is located in a city of the first class.
(b) "Performing arts facility" does not include a space that is used to present sporting
events or sporting competitions.
(89) "Permittee" means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or
(b) Chapter 10, Special Use Permit Act.
(90) "Person subject to administrative action" means:
(a) a licensee;
(b) a permittee;
(c) a manufacturer;
(d) a supplier;
(e) an importer;
(f) one of the following holding a certificate of approval:
(i) an out-of-state brewer;
(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
(g) staff of:
(i) a person listed in Subsections (90)(a) through (f); or
(ii) a package agent.
(91) "Premises" means a building, enclosure, or room used in connection with the
storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
unless otherwise defined in this title or rules made by the commission.
(92) "Prescription" means an order issued by a health care practitioner when:
(a) the health care practitioner is licensed under Title 58, Occupations and Professions,
to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b) the order is made in the course of that health care practitioner's professional
practice; and
(c) the order is made for obtaining an alcoholic product for medicinal purposes only.
(93) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
(b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
(94) "Principal license" means:
(a) a resort license;
(b) a hotel license; or
(c) an arena license.
(95) (a) "Private event" means a specific social, business, or recreational event:
(i) for which an entire room, area, or hall is leased or rented in advance by an identified
group; and
(ii) that is limited in attendance to people who are specifically designated and their
guests.
(b) "Private event" does not include an event to which the general public is invited,
whether for an admission fee or not.
(96) "Privately sponsored event" means a specific social, business, or recreational
event:
(a) that is held in or on the premises of an on-premise banquet licensee; and
(b) to which entry is restricted by an admission fee.
(97) (a) "Proof of age" means:
(i) an identification card;
(ii) an identification that:
(A) is substantially similar to an identification card;
(B) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that:
(A) includes date of birth;
(B) has a picture affixed; and
(C) is issued[
:
]
[
(I)
] under Title 53, Chapter 3, Uniform Driver License Act[
;
]
,
[
(II)
] in accordance with the laws of the state in which it is issued[
;
]
,
 or
[
(III)
] in accordance with federal law by the United States Department of State;
(iv) a military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance with
Section 
53-3-207
.
(98) "Provisions applicable to a sublicense" means:
(a) for a full-service restaurant sublicense, the provisions applicable to a full-service
restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
(b) for a limited-service restaurant sublicense, the provisions applicable to a
limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
(c) for a bar establishment sublicense, the provisions applicable to a bar establishment
license under Chapter 6, Part 4, Bar Establishment License;
(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
banquet license under Chapter 6, Part 6, On-Premise Banquet License;
(e) for an on-premise beer retailer sublicense, the provisions applicable to an
on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
license under Chapter 6, Part 10, Hospitality Amenity License; and
(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
Part 2, Resort Spa Sublicense.
(99) (a) "Public building" means a building or permanent structure that is:
(i) owned or leased by:
(A) the state; or
(B) a local government entity; and
(ii) used for:
(A) public education;
(B) transacting public business; or
(C) regularly conducting government activities.
(b) "Public building" does not include a building owned by the state or a local
government entity when the building is used by a person, in whole or in part, for a proprietary
function.
(100) "Public conveyance" means a conveyance that the public or a portion of the
public has access to and a right to use for transportation, including an airline, railroad, bus,
boat, or other public conveyance.
(101) "Reception center" means a business that:
(a) operates facilities that are at least 5,000 square feet; and
(b) has as its primary purpose the leasing of the facilities described in Subsection
(101)(a) to a third party for the third party's event.
(102) "Reception center license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 8, Reception Center License.
(103) (a) "Record" means information that is:
(i) inscribed on a tangible medium; or
(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
(b) "Record" includes:
(i) a book;
(ii) a book of account;
(iii) a paper;
(iv) a contract;
(v) an agreement;
(vi) a document; or
(vii) a recording in any medium.
(104) "Residence" means a person's principal place of abode within Utah.
(105) "Resident," in relation to a resort, means the same as that term is defined in
Section 
32B-8-102
.
(106) "Resort" means the same as that term is defined in Section 
32B-8-102
.
(107) "Resort facility" is as defined by the commission by rule.
(108) "Resort license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8, Resort License Act.
(109) "Responsible alcohol service plan" means a written set of policies and
procedures that outlines measures to prevent employees from:
(a) over-serving alcoholic beverages to customers;
(b) serving alcoholic beverages to customers who are actually, apparently, or obviously
intoxicated; and
(c) serving alcoholic beverages to minors.
(110) "Restaurant" means a business location:
(a) at which a variety of foods are prepared;
(b) at which complete meals are served; and
(c) that is engaged primarily in serving meals.
(111) "Restaurant license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a limited-service restaurant license; or
(c) a beer-only restaurant license.
(112) "Restaurant venue" means a room within a restaurant that:
(a) is located on the licensed premises of a restaurant licensee;
(b) is separated from the area within the restaurant for a patron's consumption of food
by a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not visible to a
patron in the area within the restaurant for a patron's consumption of food; and
(c) (i) has at least 1,000 square feet that:
(A) may be reserved for a banquet; and
(B) accommodates at least 75 individuals; or
(ii) if the restaurant is located in a small or unincorporated locality, has an appropriate
amount of space, as determined by the commission, that may be reserved for a banquet.
(113) "Retail license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a master full-service restaurant license;
(c) a limited-service restaurant license;
(d) a master limited-service restaurant license;
(e) a bar establishment license;
(f) an airport lounge license;
(g) an on-premise banquet license;
(h) an on-premise beer license;
(i) a reception center license;
(j) a beer-only restaurant license;
(k) a hospitality amenity license;
(l) a resort license;
(m) a hotel license; or
(n) an arena license.
(114) "Room service" means furnishing an alcoholic product to a person in a guest
room or privately owned dwelling unit of a:
(a) hotel; or
(b) resort facility.
(115) (a) "School" means a building in which any part is used 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) "School" does not include:
(i) a nursery school;
(ii) a day care center;
(iii) a trade and technical school;
(iv) a preschool; [
or
]
(v) a home school[
.
]
;
(vi) a home-based education entity as defined in Section 
53G-6-201
; or
(vii) a micro-education entity as defined in Section 
53G-6-201
.
(116) "Secondary flavoring ingredient" means any spirituous liquor added to a
beverage for additional flavoring that is different in type, flavor, or brand from the primary
spirituous liquor in the beverage.
(117) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
delivered for value, or by a means or under a pretext is promised or obtained, whether done by
a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
made by the commission.
(118) "Serve" means to place an alcoholic product before an individual.
(119) "Sexually oriented entertainer" means a person who while in a state of
seminudity appears at or performs:
(a) for the entertainment of one or more patrons;
(b) on the premises of:
(i) a bar licensee; or
(ii) a tavern;
(c) on behalf of or at the request of the licensee described in Subsection (119)(b);
(d) on a contractual or voluntary basis; and
(e) whether or not the person is designated as:
(i) an employee;
(ii) an independent contractor;
(iii) an agent of the licensee; or
(iv) a different type of classification.
(120) "Shared seating area" means the licensed premises of two or more restaurant
licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
accordance with Subsection 
32B-5-207
(3).
(121) "Single event permit" means a permit issued in accordance with Chapter 9, Part
3, Single Event Permit.
(122) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
(a) if the brewer is part of a controlled group of manufacturers, including the combined
volume totals of production for all breweries that constitute the controlled group of
manufacturers; and
(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(ii) does not sell for consumption as, or in, a beverage.
(123) "Small or unincorporated locality" means:
(a) a city of the third, fourth, or fifth class, as classified under Section 
10-2-301
;
(b) a town, as classified under Section 
10-2-301
; or
(c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
under Section 
17-50-501
.
(124) "Spa sublicense" means a sublicense:
(a) to a resort license or hotel license; and
(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
Sublicense.
(125) "Special use permit" means a permit issued in accordance with Chapter 10,
Special Use Permit Act.
(126) (a) "Spirituous liquor" means liquor that is distilled.
(b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
(127) "Sports center" is as defined by the commission by rule.
(128) (a) "Staff" means an individual who engages in activity governed by this title:
(i) on behalf of a business, including a package agent, licensee, permittee, or certificate
holder;
(ii) at the request of the business, including a package agent, licensee, permittee, or
certificate holder; or
(iii) under the authority of the business, including a package agent, licensee, permittee,
or certificate holder.
(b) "Staff" includes:
(i) an officer;
(ii) a director;
(iii) an employee;
(iv) personnel management;
(v) an agent of the licensee, including a managing agent;
(vi) an operator; or
(vii) a representative.
(129) "State of nudity" means:
(a) the appearance of:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus; or
(b) a state of dress that fails to opaquely cover:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus.
(130) "State of seminudity" means a state of dress in which opaque clothing covers no
more than:
(a) the nipple and areola of the female human breast in a shape and color other than the
natural shape and color of the nipple and areola; and
(b) the human genitals, pubic area, and anus:
(i) with no less than the following at its widest point:
(A) four inches coverage width in the front of the human body; and
(B) five inches coverage width in the back of the human body; and
(ii) with coverage that does not taper to less than one inch wide at the narrowest point.
(131) (a) "State store" means a facility for the sale of packaged liquor:
(i) located on premises owned or leased by the state; and
(ii) operated by a state employee.
(b) "State store" does not include:
(i) a package agency;
(ii) a licensee; or
(iii) a permittee.
(132) (a) "Storage area" means an area on licensed premises where the licensee stores
an alcoholic product.
(b) "Store" means to place or maintain in a location an alcoholic product.
(133) "Sublicense" means:
(a) any of the following licenses issued as a subordinate license to, and contingent on
the issuance of, a principal license:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a bar establishment license;
(iv) an on-premise banquet license;
(v) an on-premise beer retailer license;
(vi) a beer-only restaurant license; or
(vii) a hospitality amenity license; or
(b) a spa sublicense.
(134) "Supplier" means a person who sells an alcoholic product to the department.
(135) "Tavern" means an on-premise beer retailer who is:
(a) issued a license by the commission in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
On-Premise Beer Retailer License.
(136) "Temporary beer event permit" means a permit issued in accordance with
Chapter 9, Part 4, Temporary Beer Event Permit.
(137) "Temporary domicile" means the principal place of abode within Utah of a
person who does not have a present intention to continue residency within Utah permanently or
indefinitely.
(138) "Translucent" means a substance that allows light to pass through, but does not
allow an object or person to be seen through the substance.
(139) "Unsaleable liquor merchandise" means a container that:
(a) is unsaleable because the container is:
(i) unlabeled;
(ii) leaky;
(iii) damaged;
(iv) difficult to open; or
(v) partly filled;
(b) (i) has faded labels or defective caps or corks;
(ii) has contents that are:
(A) cloudy;
(B) spoiled; or
(C) chemically determined to be impure; or
(iii) contains:
(A) sediment; or
(B) a foreign substance; or
(c) is otherwise considered by the department as unfit for sale.
(140) (a) "Wine" means an alcoholic product obtained by the fermentation of the
natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
another ingredient is added.
(b) "Wine" includes:
(i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
4.10; and
(ii) hard cider.
(c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
in this title.
(141) "Winery manufacturing license" means a license issued in accordance with
Chapter 11, Part 3, Winery Manufacturing License.
Section 7. Section 
53G-6-201
 is amended to read:
53G-6-201.
Definitions.
As used in this part:
(1) (a) "Absence" or "absent" means the failure of a school-age child assigned to a class
or class period to attend a class or class period.
(b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
for the sake of a truancy.
(2) "Education cooperative" means two or more families jointly providing education
services to school-age children.
[
(2)
] 
(3)
 "Educational neglect" means the same as that term is defined in Section
80-1-102
.
(4) "Extracurricular lessons" means the provision of educational services or
experiences beyond traditional academic instruction.
(5) (a) "Home-based education entity" means an individual or association of
individuals that, for compensation, provides kindergarten through grade 12 education services
to 16 or fewer students from an individual's residential dwelling, accessory dwelling unit, or
residential property.
(b) "Home-based education entity" includes:
(i) a tutoring service;
(ii) an education cooperative; and
(iii) an entity that provides extracurricular lessons.
(c) "Home-based education entity" does not include:
(i) a daycare; or
(ii) a family that has filed an affidavit for a child under Section 
53G-6-204
.
(6) "Instructor" means an individual who teaches a student as part of a home-based
education entity or micro-education entity.
(7) (a) "Micro-education entity" means a person or association of persons that, for
compensation, provides kindergarten through grade 12 education services to 100 students or
fewer.
(b) "Micro-education entity" does not include:
(i) a daycare;
(ii) a family that has filed an affidavit for a child pursuant to Section 
53G-6-204
;
(iii) a home-based education entity;
(iv) a private school; or
(v) a school within the public education system.
[
(3)
] 
(8)
 "Minor" means an individual who is under 18 years old.
[
(4)
] 
(9)
 "Parent" includes:
(a) a custodial parent of the minor;
(b) a legally appointed guardian of a minor; or
(c) any other person purporting to exercise any authority over the minor which could be
exercised by a person described in Subsection [
(4)
] 
(9)
(a) or (b).
[
(5)
] 
(10)
 "School day" means the portion of a day that school is in session in which a
school-age child is required to be in school for purposes of receiving instruction.
[
(6)
] 
(11)
 "School year" means the period of time designated by a local school board or
charter school governing board as the school year for the school where the school-age child:
(a) is enrolled; or
(b) should be enrolled, if the school-age child is not enrolled in school.
[
(7)
] 
(12)
 "School-age child" means a minor who:
(a) is at least six years old but younger than 18 years old; and
(b) is not emancipated.
[
(8)
] 
(13)
 (a) "Truant" means a condition in which a school-age child, without a valid
excuse, and subject to Subsection [
(8)
] 
(13)
(b), is absent for at least:
(i) half of the school day; or
(ii) if the school-age child is enrolled in a learner verified program, as that term is
defined by the state board, the relevant amount of time under the LEA's policy regarding the
LEA's continuing enrollment measure as it relates to truancy.
(b) A school-age child may not be considered truant under this part more than one time
during one day.
[
(9)
] 
(14)
 "Truant minor" means a school-age child who:
(a) is subject to the requirements of Section 
53G-6-202
 or 
53G-6-203
; and
(b) is truant.
[
(10)
] 
(15)
 (a) "Valid excuse" means:
(i) an illness, which may be either mental or physical, regardless of whether the
school-age child or parent provides documentation from a medical professional;
(ii) mental or behavioral health of the school-age child;
(iii) a family death;
(iv) an approved school activity;
(v) an absence permitted by a school-age child's:
(A) individualized education program; or
(B) Section 504 accommodation plan;
(vi) an absence permitted in accordance with Subsection 
53G-6-803
(5); or
(vii) any other excuse established as valid by a local school board, charter school
governing board, or school district.
(b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason
other than a reason described in Subsections [
(10)(a)(i)
] 
(15)(a)(i)
 through (vi), unless
specifically permitted by the local school board, charter school governing board, or school
district under Subsection [
(10)(a)(vi)
] 
(15)(a)(vi)
.
Section 8. Section 
53G-6-204
 is amended to read:
53G-6-204.
School-age children exempt from school attendance.
(1) (a) A local school board or charter school governing board may excuse a school-age
child from attendance for any of the following reasons:
(i) a school-age child over [
age 16
] 
years old
 may receive a partial release from
school to enter employment, or attend a trade school, if the school-age child has completed
grade 8; or
(ii) on an annual basis, a school-age child may receive a full release from attending a
public, regularly established private, or part-time school or class if:
(A) the school-age child has already completed the work required for graduation from
high school;
(B) the school-age child is in a physical or mental condition, certified by a competent
physician if required by the local school board or charter school governing board, which
renders attendance inexpedient and impracticable;
(C) proper influences and adequate opportunities for education are provided in
connection with the school-age child's employment; or
(D) the district superintendent or charter school governing board has determined that a
school-age child over [
the age of 16
] 
years old
 is unable to profit from attendance at school
because of inability or a continuing negative attitude toward school regulations and discipline.
(b) A school-age child receiving a partial release from school under Subsection
(1)(a)(i) is required to attend:
(i) school part time as prescribed by the local school board or charter school governing
board; or
(ii) a home school part time.
(c) In each case, evidence of reasons for granting an exemption under Subsection (1)
must be sufficient to satisfy the local school board or charter school governing board.
(d) A local school board or charter school governing board that excuses a school-age
child from attendance as provided by this Subsection (1) shall issue a certificate that the child
is excused from attendance during the time specified on the certificate.
(2) (a) (i) As used in this Subsection (2)(a), "child abuse" means a criminal felony or
attempted felony offense of which an individual is convicted, or to which an individual pleads
guilty or no contest, for conduct that constitutes any of the following:
(A) child abuse under Section 
76-5-109
;
(B) aggravated child abuse under Section 
76-5-109.2
;
(C) child abandonment under Section 
76-5-109.3
;
(D) commission of domestic violence in the presence of a child under Section
76-5-114
;
(E) child abuse homicide under Section 
76-5-208
;
(F) child kidnapping under Section 
76-5-301.1
;
(G) human trafficking of a child under Section 
76-5-308.5
;
(H) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or in Title 76,
Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 18 years old;
(I) sexual exploitation of a minor under Section 
76-5b-201
;
(J) aggravated sexual exploitation of a minor under Section 
76-5b-201.1
; or
(K) an offense in another state that, if committed in this state, would constitute an
offense described in this Subsection (2)(a)(i).
(ii) Except as provided in Subsection (2)(a)(iii), a local school board shall excuse a
school-age child from attendance, if the school-age child's parent or legal guardian files a
signed and notarized affidavit with the school-age child's school district of residence, as
defined in Section 
53G-6-302
, that:
(A) the school-age child will attend a home school
, home-based education entity, or
micro-education entity
; and
(B) the parent or legal guardian assumes sole responsibility for the education of the
school-age child, except to the extent the school-age child is dual enrolled in a public school as
provided in Section 
53G-6-702
.
(iii) If a parent or legal guardian has been convicted of child abuse or if a court of
competent jurisdiction has made a substantiated finding of child abuse against the parent or
legal guardian:
(A) the parent or legal guardian may not assume responsibility for the education of a
school-age child under Subsection (2)(a)(ii); and
(B) the local school board may not accept the affidavit described in Subsection
(2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age child from
attendance under Subsection (2)(a)(ii) in relation to the parent's or legal guardian's intent to
home school the child.
(iv) Nothing in this Subsection (2)(a) affects the ability of another of a child's parents
or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file the affidavit
described in Subsection (2)(a)(ii).
(b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
remain in effect as long as:
(i) the school-age child attends a home school
, home-based education entity, or
micro-education entity
;
(ii) the school district where the affidavit was filed remains the school-age child's
district of residence; and
(iii) the parent or legal guardian who filed the signed and notarized affidavit has not
been convicted of child abuse or been the subject of a substantiated finding of child abuse by a
court of competent jurisdiction.
(c) A parent [
or
]
,
 legal guardian
, or instructor
 of a school-age child who attends a home
school
, home-based education entity, or micro-education entity
 is solely responsible for:
(i) the selection of instructional materials and textbooks;
(ii) the time, place, and method of instruction; and
(iii) the evaluation of the home school instruction.
(d) A local school board may not:
(i) require a parent or legal guardian of a school-age child who attends a home school
,
home-based education entity, or micro-education entity
 to maintain records of instruction or
attendance;
(ii) require credentials for individuals providing home school
, home-based education
entity, or micro-education entity
 instruction;
(iii) inspect home school
, home-based education entity, or micro-education entity
facilities 
except as provided in Section 53G-6-212
; or
(iv) require standardized or other testing of home school
, home-based education entity,
or micro-education entity
 students.
(e) Upon the request of a parent or legal guardian, a local school board shall identify
the knowledge, skills, and competencies a student is recommended to attain by grade level and
subject area to assist the parent [
or
]
,
 legal guardian
, or instructor
 in achieving college and
career readiness through [
home schooling
] 
schooling at a home school, home-based education
entity, or micro-education entity
.
(f) A local school board that excuses a school-age child from attendance under this
Subsection (2) shall annually issue a certificate stating that the school-age child is excused
from attendance for the specified school year.
(g) A local school board shall issue a certificate excusing a school-age child from
attendance:
(i) within 30 days after receipt of a signed and notarized affidavit filed by the
school-age child's parent or legal guardian under this Subsection (2); and
(ii) on or before August 1 each year thereafter unless:
(A) the school-age child enrolls in a school within the school district;
(B) the school-age child's parent or legal guardian notifies the school district that the
school-age child no longer attends a home school; or
(C) the school-age child's parent or legal guardian notifies the school district that the
school-age child's school district of residence has changed.
(3) A parent or legal guardian who is eligible to file and files a signed and notarized
affidavit under Subsection (2)(a) is exempt from the application of Subsections 
53G-6-202
(2),
(5), and (6).
(4) (a) Nothing in this section may be construed to prohibit or discourage voluntary
cooperation, resource sharing, or testing opportunities between a school or school district and a
parent or legal guardian of a child attending a home school
, home-based education entity, or
micro-education entity
.
(b) The exemptions in this section apply regardless of whether:
(i) a parent or legal guardian provides education instruction to the parent's or legal
guardian's child alone or in cooperation with other parents or legal guardians similarly
exempted under this section; or
(ii) the parent or legal guardian makes payment for educational services the parent's or
legal guardian's child receives.
Section 9. Section 
53G-6-212
 is enacted to read:
 53G-6-212.
Home-based education entity and micro-education entity waivers and
exemptions.
(1) A home-based education entity or micro-education entity:
(a) may form to provide education services to school-age children; and
(b) is not an LEA, a public school, or otherwise a part of the public education system.
(2) A local health department may not require a home-based education entity or
micro-education entity to obtain a food establishment permit or undergo an inspection in order
to prepare or provide food if staff of the home-based education entity or micro-education entity
does not prepare and serve food.
Section 10. Section 
53G-6-702
 is amended to read:
53G-6-702.
Dual enrollment.
(1) As used in this section, "minor" means the same as that term is defined in Section
53G-6-201
.
(2) A person having control of a minor who is enrolled in a regularly established
private school
, home-based education entity,
micro-education entity,
 or [
a
] home school may
also enroll the minor in a public school for dual enrollment purposes.
(3) The minor may participate in any academic activity in the public school available to
students in the minor's grade or age group, subject to compliance with the same rules and
requirements that apply to a full-time student's participation in the activity.
(4) (a) A student enrolled in a dual enrollment program in a district school is
considered a student of the district in which the district school of attendance is located for
purposes of state funding to the extent of the student's participation in the district school
programs.
(b) A student enrolled in a dual enrollment program in a charter school is considered a
student of the charter school for purposes of state funding to the extent of the student's
participation in the charter school programs.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules for purposes of dual enrollment to govern and regulate the
transferability of credits toward graduation that are earned in a private 
school, home-based
education entity, micro-education entity,
 or home school.
Section 11. Section 
53G-6-703
 is amended to read:
53G-6-703.
Private school, home school, home-based education entity, and
micro-education entity students' participation in extracurricular activities in a public
school.
(1) As used in this section:
(a) "Academic eligibility requirements" means the academic eligibility requirements
that a home school student is required to meet to participate in an extracurricular activity in a
public school.
(b) "Association" means the same as that term is defined in Section 
53G-7-1101
.
(c) "Extracurricular activity" means the same as that term is defined in Section
53G-7-501
.
(d) "Initial establishment of eligibility requirements" means an association's eligibility
requirements, policies, procedures, and transfer rules that a school student in grade 9 or 10
must meet, and to which the student is bound, to participate on a high school sports team when
the student:
(i) attends the high school in which the student is selected for membership on a high
school sports team; or
(ii) does not attend the high school in which the student tries out for and is selected for
membership on a high school sports team.
(e) "Minor" means the same as that term is defined in Section 
53G-6-201
.
(f) "Parent" means the same as that term is defined in Section 
53G-6-201
.
(g) "Principal" means the principal of the school in which a home school student
participates or intends to participate in an extracurricular activity.
(2) (a) A minor who is enrolled in a private school [
or
]
,
 a home school
, a home-based
education entity, or a micro-education entity
 is eligible to participate in an extracurricular
activity at a public school as provided in this section.
(b) A private school student may only participate in an extracurricular activity at a
public school that is not offered by the student's private school.
(c) (i) Except as provided in Subsection (2)(d), a private school student [
or
]
,
 a home
school student
, a home-based education entity student, or a micro-education entity student
 may
only participate in an extracurricular activity at:
(A) the school with attendance boundaries within which the student's custodial parent
resides; or
(B) the school from which the student withdrew for the purpose of attending a private
[
or
]
,
 home school
, home-based education entity, or micro-education entity
.
(ii) A private school student [
or
]
,
 a home school student
, a home-based education
entity student, or a micro-education entity student
 retains the ability to participate in an
extracurricular activity at a school described in Subsection (2)(c)(i) if the student did not
initially establish the student's eligibility at another school in grade 9 or 10.
(d) A school other than a school described in Subsection (2)(c)(i) may allow a private
school student [
or
]
,
 a home school student
, a home-based education entity student, or a
micro-education entity student
 to participate in an extracurricular activity that the public school
sponsors and supports if:
(i) for an interscholastic competition of athletic teams, the private school student [
or
]
,
the home school student
, the home-based education entity student, or the micro-education
entity student
 meets the initial establishment of eligibility requirements;
(ii) for an interscholastic contest or competition for music, drama, or forensic groups or
teams, the private school student, subject to Subsection (2)(b), [
or
] the home school student
,
the home-based education entity student, or the micro-education entity student
 meets the entry
requirements for participation;
(iii) the private school student [
or
]
,
 the home school student
, the home-based education
entity student, or the micro-education entity student
 meets the eligibility requirements under
this section; and
(iv) the private school student [
or
]
,
 the home school student
, the home-based education
entity student, or the micro-education entity
 meets the enrollment requirements for public
school in accordance with Part 4, School District Enrollment.
(3) (a) Except as provided in Subsections (4) through (13), a private school student or a
home school student is eligible to participate in an extracurricular activity at a public school
consistent with eligibility standards:
(i) applied to a fully enrolled public school student;
(ii) of the public school where the private school student or the home school student
participates in an extracurricular activity; and
(iii) for the extracurricular activity in which the private school or the home school
student participates.
(b) A school district or public school may not impose additional requirements on a
private school student or a home school student to participate in an extracurricular activity that
are not imposed on a fully enrolled public school student.
(c) (i) A private school student or a home school student who participates in an
extracurricular activity at a public school shall pay the same fees as required of a fully enrolled
public school student to participate in an extracurricular activity.
(ii) If a local school board or a charter school governing board imposes a mandatory
student activity fee for a student enrolled in a public school, the fee may be imposed on a
private school student or a home school student who participates in an extracurricular activity
at the public school if the same benefits of paying the mandatory student activity fee that are
available to a fully enrolled public school student are available to a private school student or a
home school student who participates in an extracurricular activity at the public school.
(4) Eligibility requirements based on school attendance are not applicable to a home
school student.
(5) A home school student meets academic eligibility requirements to participate in an
extracurricular activity if:
(a) the student is mastering the material in each course or subject being taught; and
(b) the student is maintaining satisfactory progress towards achievement or promotion.
(6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
organization providing instruction to the student shall submit an affidavit to the principal
indicating the student meets academic eligibility requirements.
(b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
student shall:
(i) be considered to meet academic eligibility requirements; and
(ii) retain academic eligibility for all extracurricular activities during the activity season
for which the affidavit is submitted, until:
(A) a panel established under Subsection (10) determines the home school student does
not meet academic eligibility requirements; or
(B) the person who submitted the affidavit under Subsection (6)(a) provides written
notice to the school principal that the student no longer meets academic eligibility
requirements.
(7) (a) A home school student who loses academic eligibility pursuant to Subsection
(6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
the affidavit under Subsection (6)(a) provides written notice to the school principal that the
home school student has reestablished academic eligibility.
(b) If a home school student reestablishes academic eligibility pursuant to Subsection
(7)(a), the home school student may participate in extracurricular activities for the remainder of
the activity season for which an affidavit was submitted under Subsection (6)(a).
(8) A person who has probable cause to believe a home school student does not meet
academic eligibility requirements may submit an affidavit to the principal:
(a) asserting the home school student does not meet academic eligibility requirements;
and
(b) providing information indicating that the home school student does not meet the
academic eligibility requirements.
(9) A principal shall review the affidavit submitted under Subsection (8), and if the
principal determines it contains information which constitutes probable cause to believe a
home school student may not meet academic eligibility requirements, the principal shall
request a panel established pursuant to Subsection (10) to verify the student's compliance with
academic eligibility requirements.
(10) (a) A school district superintendent shall:
(i) appoint a panel of three individuals to verify a home school student's compliance
with academic eligibility requirements when requested by a principal pursuant to Subsection
(9); and
(ii) select the panel members from nominees submitted by national, state, or regional
organizations whose members are home school students and parents.
(b) Of the members appointed to a panel under Subsection (10)(a):
(i) one member shall have experience teaching in a public school as a licensed teacher
and in home schooling high school-age students;
(ii) one member shall have experience teaching in a higher education institution and in
home schooling; and
(iii) one member shall have experience in home schooling high school-age students.
(11) A panel appointed under Subsection (10):
(a) shall review the affidavit submitted under Subsection (8);
(b) may confer with the person who submitted the affidavit under Subsection (8);
(c) shall request the home school student to submit test scores or a portfolio of work
documenting the student's academic achievement to the panel;
(d) shall review the test scores or portfolio of work; and
(e) shall determine whether the home school student meets academic eligibility
requirements.
(12) A home school student who meets academic eligibility requirements pursuant to
Subsection (11), retains academic eligibility for all extracurricular activities during the activity
season for which an affidavit is submitted pursuant to Subsection (6).
(13) (a) A panel's determination that a home school student does not comply with
academic eligibility requirements is effective for an activity season and all extracurricular
activities that have academic eligibility requirements.
(b) A home school student who is not in compliance with academic eligibility
requirements as determined by a panel appointed under Subsection (11) may seek to establish
academic eligibility under this section for the next activity season.
(14) (a) A public school student who has been declared to be academically ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home school shall
lose eligibility for participation in the extracurricular activity until the student:
(i) demonstrates academic eligibility by providing test results or a portfolio of the
student's work to the school principal, provided that a student may not reestablish academic
eligibility under this Subsection (14)(a) during the same activity season in which the student
was declared to be academically ineligible;
(ii) returns to public school and reestablishes academic eligibility; or
(iii) enrolls in a private school and establishes academic eligibility.
(b) A public school student who has been declared to be behaviorally ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home school shall
lose eligibility for participation in the extracurricular activity until the student meets eligibility
standards as provided in Subsection (3).
(15) When selection to participate in an extracurricular activity at a public school is
made on a competitive basis, a private school student or a home school student is eligible to try
out for and participate in the activity as provided in this section.
(16) (a) If a student exits a public school to enroll in a private school or a home school
mid-semester or during an activity season, and the student desires to participate in an
extracurricular activity at the public school, the public school shall issue an interim academic
assessment based on the student's work in each class.
(b) A student's academic eligibility to participate in an extracurricular activity under
the circumstances described in Subsection (16)(a) is dependent on the student meeting public
school academic eligibility standards at the time of exiting public school.
(c) A student may appeal an academic eligibility determination made under Subsection
(16)(b) in accordance with procedures for appealing a public school student's academic
eligibility.
Section 12. Section 
53G-6-706
 is amended to read:
53G-6-706.
Placement of a student of a home school, micro-education entity, or
home-based education entity, who transfers to a public school.
(1) For the purposes of this section[
:
]
,
[
(a) "Home school student" means a student who attends a home school pursuant to
Section 
53G-6-204
.
]
[
(b) "Parent"
] 
"parent"
 means the same as that term is defined in Section 
53G-6-201
.
(2) [
When a home school student transfers from a home school
] 
When a home school
student, a home-based education entity student, or a micro-education entity student transfers
from a home school, a home-based education entity, or a micro-education entity
 to a public
school, the public school shall place the student in the grade levels, classes, or courses that the
student's parent and [
in consultation with
] the school administrator determine are appropriate
based on the parent's assessment of the student's academic performance.
(3) (a) Within 30 days of [
a home school
] 
the
 student's placement in a public school
grade level, class, or course, either the student's teacher or the student's parent may request a
conference to consider changing the student's placement.
(b) If the student's teacher and the student's parent agree on a placement change, the
public school shall place the student in the agreed upon grade level, class, or course.
(c) If the student's teacher and the student's parent do not agree on a placement change,
the public school shall evaluate the student's subject matter mastery in accordance with
Subsection (3)(d).
(d) The student's parent has the option of:
(i) allowing the public school to administer, to the student, assessments that are:
(A) regularly administered to public school students; and
(B) used to measure public school students' subject matter mastery and determine
placement; or
(ii) having a private entity or individual administer assessments of subject matter
mastery to the student at the parent's expense.
(e) After an evaluation of a student's subject matter mastery, a public school may
change [
a
] 
the
 student's placement in a grade level, class, or course.
(4) [
This
] 
In accordance with Section 
53G-6-702
, this
 section does not apply to a
student who is dual enrolled in a public school and a [
home school pursuant to Section
53G-6-702
.
]
:
(a) home school;
(b) home-based education entity; or
(c) micro-education entity.
Section 13. Section 
53G-9-301
 is amended to read:
53G-9-301.
Definitions.
As used in this part:
(1) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
(2) "Health official" means an individual designated by a local health department from
within the local health department to consult and counsel parents and licensed health care
providers, in accordance with Subsection 
53G-9-304
(2)(a).
(3) "Health official designee" means a licensed health care provider designated by a
local health department, in accordance with Subsection 
53G-9-304
(2)(b), to consult with
parents, licensed health care professionals, and school officials.
(4) "Immunization" or "immunize" means a process through which an individual
develops an immunity to a disease, through vaccination or natural exposure to the disease.
(5) "Immunization record" means a record relating to a student that includes:
(a) information regarding each required vaccination that the student has received,
including the date each vaccine was administered, verified by:
(i) a licensed health care provider;
(ii) an authorized representative of a local health department;
(iii) an authorized representative of the department;
(iv) a registered nurse; or
(v) a pharmacist;
(b) information regarding each disease against which the student has been immunized
by previously contracting the disease; and
(c) an exemption form identifying each required vaccination from which the student is
exempt, including all required supporting documentation described in Section 
53G-9-303
.
(6) "Legally responsible individual" means:
(a) a student's parent;
(b) the student's legal guardian;
(c) an adult brother or sister of a student who has no legal guardian; or
(d) the student, if the student:
(i) is an adult; or
(ii) is a minor who may consent to treatment under Section 
26B-4-321
.
(7) "Licensed health care provider" means a health care provider who is licensed under
Title 58, Occupations and Professions, as:
(a) a medical doctor;
(b) an osteopathic doctor;
(c) a physician assistant; or
(d) an advanced practice registered nurse.
(8) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(9) "Required vaccines" means vaccines required by department rule described in
Section 
53G-9-305
.
(10) 
(a)
 "School" means any public or private:
[
(a)
] 
(i)
 elementary or secondary school through grade 12;
[
(b)
] 
(ii)
 preschool;
[
(c)
] 
(iii)
 child care program, as that term is defined in Section 
26B-2-401
;
[
(d)
] 
(iv)
 nursery school; or
[
(e)
] 
(v)
 kindergarten.
(b) "School" does not include a:
(i) home school;
(ii) home-based education entity; or
(iii) micro-education entity.
(11) "Student" means an individual who attends a school.
(12) "Vaccinating" or "vaccination" means the administration of a vaccine.
(13) "Vaccination exemption form" means a form, described in Section 
53G-9-304
,
that documents and verifies that a student is exempt from the requirement to receive one or
more required vaccines.
(14) "Vaccine" means the substance licensed for use by the United States Food and
Drug Administration that is injected into or otherwise administered to an individual to
immunize the individual against a communicable disease.
Section 14. 
Effective date.
This bill takes effect on May 1, 2024.