Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 247 First Substitute (2024GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

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• eliminating or correcting references involving repealed provisions;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

Every vote on this bill

Bill text

REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
____________
LONG TITLE
General Description:
This bill makes technical changes to provisions of the Utah Code.
Highlighted Provisions:
This bill:
modifies parts of the Utah Code to make technical corrections, including:
• eliminating or correcting references involving repealed provisions;
• eliminating redundant or obsolete language;
• making minor wording changes;
• updating cross-references; and
• correcting numbering and other errors.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-61-102
, as enacted by Laws of Utah 2022, Chapter 462
15A-5-203
, as last amended by Laws of Utah 2023, Chapters 95, 327
17-27a-403
, as last amended by Laws of Utah 2023, Chapters 88, 238
17-27a-408
, as last amended by Laws of Utah 2023, Chapters 88, 501 and 529 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 88
23A-4-704
, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and
amended by Laws of Utah 2023, Chapter 103
26B-4-123
 (Superseded 07/01/24)
, as renumbered and amended by Laws of Utah
2023, Chapter 307
32B-6-205.4
, as enacted by Laws of Utah 2018, Chapter 249
32B-6-305.4
, as enacted by Laws of Utah 2018, Chapter 249
32B-6-905.3
, as enacted by Laws of Utah 2018, Chapter 249
34A-2-424
, as enacted by Laws of Utah 2017, Chapter 53
35A-8-509
, as last amended by Laws of Utah 2022, Chapter 406
35A-16-503
, as enacted by Laws of Utah 2022, Chapter 403
35A-16-703
, as enacted by Laws of Utah 2023, Chapter 302
39A-3-105
, as enacted by Laws of Utah 2022, Chapter 373
41-1a-419
, as last amended by Laws of Utah 2023, Chapter 33
49-20-415
, as enacted by Laws of Utah 2017, Chapter 53
52-4-204
, as last amended by Laws of Utah 2022, Chapters 169, 422
52-4-207
, as last amended by Laws of Utah 2023, Chapter 100
53-2a-206
, as last amended by Laws of Utah 2021, Chapter 437
53G-5-405
, as last amended by Laws of Utah 2023, Chapter 343
53G-6-603
, as last amended by Laws of Utah 2022, Chapter 329
58-37-7
, as last amended by Laws of Utah 2023, Chapters 285, 329
58-37-19
, as last amended by Laws of Utah 2023, Chapters 285, 329
58-67-305
, as last amended by Laws of Utah 2022, Chapter 233
58-68-305
, as last amended by Laws of Utah 2022, Chapter 233
58-71-305
, as last amended by Laws of Utah 2018, Chapter 35
63A-17-808
, as enacted by Laws of Utah 2023, Chapter 279
63G-2-107
, as last amended by Laws of Utah 2023, Chapter 173
63I-1-219
, as last amended by Laws of Utah 2022, Chapter 194
63I-1-263
, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
212, 218, 249, 270, 448, 489, and 534
63I-2-272
, as last amended by Laws of Utah 2023, Chapter 33
71A-8-103
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapter
328 and renumbered and amended by Laws of Utah 2023, Chapter 44
73-2-1
, as last amended by Laws of Utah 2023, Chapter 16
76-3-203.3
, as last amended by Laws of Utah 2023, Chapter 111
76-3-402
, as last amended by Laws of Utah 2023, Chapter 132
76-5-207
, as last amended by Laws of Utah 2023, Chapter 415
78B-14-102
, as last amended by Laws of Utah 2015, Chapter 45
78B-25-114
, as enacted by Laws of Utah 2023, Chapter 488
REPEALS:
11-26-101
, as enacted by Laws of Utah 2018, Chapter 283
63A-18-101
, as enacted by Laws of Utah 2021, Chapter 84
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-61-102
 is amended to read:
13-61-102.
Applicability.
(1) This chapter applies to any controller or processor who:
(a) (i) conducts business in the state; or
(ii) produces a product or service that is targeted to consumers who are residents of the
state;
(b) has annual revenue of $25,000,000 or more; and
(c) satisfies one or more of the following thresholds:
(i) during a calendar year, controls or processes personal data of 100,000 or more
consumers; or
(ii) derives over 50% of the entity's gross revenue from the sale of personal data and
controls or processes personal data of 25,000 or more consumers.
(2) This chapter does not apply to:
(a) a governmental entity or a third party under contract with a governmental entity
when the third party is acting on behalf of the governmental entity;
(b) a tribe;
(c) an institution of higher education;
(d) a nonprofit corporation;
(e) a covered entity;
(f) a business associate;
(g) information that meets the definition of:
(i) protected health information for purposes of the federal Health Insurance Portability
and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et seq., and related regulations;
(ii) patient identifying information for purposes of 42 C.F.R. Part 2;
(iii) identifiable private information for purposes of the Federal Policy for the
Protection of Human Subjects, 45 C.F.R. Part 46;
(iv) identifiable private information or personal data collected as part of human
subjects research pursuant to or under the same standards as:
(A) the good clinical practice guidelines issued by the International Council for
Harmonisation; or
(B) the Protection of Human Subjects under 21 C.F.R. Part 50 and Institutional Review
Boards under 21 C.F.R. Part 56;
(v) personal data used or shared in research conducted in accordance with one or more
of the requirements described in Subsection (2)(g)(iv);
(vi) information and documents created specifically for, and collected and maintained
by, a committee 
but not a board or council
 listed in [
Section 
26-1-7
] 
Section 
26B-1-204
;
(vii) information and documents created for purposes of the federal Health Care
Quality Improvement Act of 1986, 42 U.S.C. Sec. 11101 et seq., and related regulations;
(viii) patient safety work product for purposes of 42 C.F.R. Part 3; or
(ix) information that is:
(A) deidentified in accordance with the requirements for deidentification set forth in 45
C.F.R. Part 164; and
(B) derived from any of the health care-related information listed in this Subsection
(2)(g);
(h) information originating from, and intermingled to be indistinguishable with,
information under Subsection (2)(g) that is maintained by:
(i) a health care facility or health care provider; or
(ii) a program or a qualified service organization as defined in 42 C.F.R. Sec. 2.11;
(i) information used only for public health activities and purposes as described in 45
C.F.R. Sec. 164.512;
(j) (i) an activity by:
(A) a consumer reporting agency, as defined in 15 U.S.C. Sec. 1681a;
(B) a furnisher of information, as set forth in 15 U.S.C. Sec. 1681s-2, who provides
information for use in a consumer report, as defined in 15 U.S.C. Sec. 1681a; or
(C) a user of a consumer report, as set forth in 15 U.S.C. Sec. 1681b;
(ii) subject to regulation under the federal Fair Credit Reporting Act, 15 U.S.C. Sec.
1681 et seq.; and
(iii) involving the collection, maintenance, disclosure, sale, communication, or use of
any personal data bearing on a consumer's:
(A) credit worthiness;
(B) credit standing;
(C) credit capacity;
(D) character;
(E) general reputation;
(F) personal characteristics; or
(G) mode of living;
(k) a financial institution or an affiliate of a financial institution governed by, or
personal data collected, processed, sold, or disclosed in accordance with, Title V of the
Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et seq., and related regulations;
(l) personal data collected, processed, sold, or disclosed in accordance with the federal
Driver's Privacy Protection Act of 1994, 18 U.S.C. Sec. 2721 et seq.;
(m) personal data regulated by the federal Family Education Rights and Privacy Act,
20 U.S.C. Sec. 1232g, and related regulations;
(n) personal data collected, processed, sold, or disclosed in accordance with the federal
Farm Credit Act of 1971, 12 U.S.C. Sec. 2001 et seq.;
(o) data that are processed or maintained:
(i) in the course of an individual applying to, being employed by, or acting as an agent
or independent contractor of a controller, processor, or third party, to the extent the collection
and use of the data are related to the individual's role;
(ii) as the emergency contact information of an individual described in Subsection
(2)(o)(i) and used for emergency contact purposes; or
(iii) to administer benefits for another individual relating to an individual described in
Subsection (2)(o)(i) and used for the purpose of administering the benefits;
(p) an individual's processing of personal data for purely personal or household
purposes; or
(q) an air carrier.
(3) A controller is in compliance with any obligation to obtain parental consent under
this chapter if the controller complies with the verifiable parental consent mechanisms under
the Children's Online Privacy Protection Act, 15 U.S.C. Sec. 6501 et seq., and the act's
implementing regulations and exemptions.
(4) This chapter does not require a person to take any action in conflict with the federal
Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et seq., or
related regulations.
Section 2. Section 
15A-5-203
 is amended to read:
15A-5-203.
Amendments and additions to IFC related to fire safety, building, and
site requirements.
(1) For IFC, Chapter 5, Fire Service Features:
(a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
follows: "An authority having jurisdiction over a structure built in accordance with the
requirements of the International Residential Code as adopted in the State Construction Code,
may require an automatic fire sprinkler system for the structure only by ordinance and only if
any of the following conditions exist:
(i) the structure:
(A) is located in an urban-wildland interface area as provided in the Utah Wildland
Urban Interface Code adopted as a construction code under the State Construction Code; and
(B) does not meet the requirements described in Utah Code, Subsection
65A-8-203
(4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
County Wildland Fire Ordinance;
(ii) the structure is in an area where a public water distribution system with fire
hydrants does not exist as required in Utah Administrative Code, R309-550-5, Water Main
Design;
(iii) the only fire apparatus access road has a grade greater than 10% for more than 500
continual feet;
(iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
exceeds 10,000 square feet; or
(v) the total floor area of all floor levels within the exterior walls of the dwelling unit is
double the average of the total floor area of all floor levels of unsprinkled homes in the
subdivision that are no larger than 10,000 square feet.
(vi) Exception: A single family dwelling does not require a fire sprinkler system if the
dwelling:
(A) is located outside the wildland urban interface;
(B) is built in a one-lot subdivision; and
(C) has 50 feet of defensible space on all sides that limits the propensity of fire
spreading from the dwelling to another property."
(b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
follows: "Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for life-saving or fire-fighting purposes, the
fire code official, after consultation with the building owner, may require a key box to be
installed in an approved location. The key box shall contain keys to gain necessary access as
required by the fire code official. For each fire jurisdiction that has at least one building with a
required key box, the fire jurisdiction shall adopt an ordinance, resolution, or other operating
rule or policy that creates a process to ensure that each key to each key box is properly
accounted for and secure."
(c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings,
is added as follows: "Fire flow may be reduced for an isolated one- and two-family dwelling
when the authority having jurisdiction over the dwelling determines that the development of a
full fire-flow requirement is impractical."
(d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as
follows:
"507.1.2 Pre-existing subdivision lots.
The requirements for a pre-existing subdivision lot shall not exceed the requirements
described in Section 501.5."
(e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3.
One interior and one detached accessory dwelling unit on a single residential lot."
(f) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in
new buildings, is amended by adding: "When required by the fire code official," at the
beginning of the first paragraph.
(2) For IFC, Chapter 6, Building Services and Systems:
(a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key box or
similar box with corresponding key system that is adjacent to the elevator for immediate use by
the fire department. The key box shall contain one key for each elevator, one key for lobby
control, and any other keys necessary for emergency service. The elevator key box shall be
accessed using a 6049 numbered key."
(b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
the word "Code", add the words "and NFPA 96".
(c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
hood is not required for a cooking appliance in a microenterprise home kitchen, as that term is
defined in Utah Code, Section 
26B-7-401
, for which the operator obtains a permit in
accordance with [
Utah Code, Title 26, Chapter 15c, Microenterprise Home Kitchen Act
]
Section 
26B-7-416
."
(3) For IFC, Chapter 7, Fire and Smoke Protection Features, IFC, Chapter 7, Section
705.2, is amended to add the following: "Exception: In Group E Occupancies, where the
corridor serves an occupant load greater than 30 and the building does not have an automatic
fire sprinkler system installed, the door closers may be of the friction hold-open type on
classrooms' doors with a rating of 20 minutes or less only."
Section 3. Section 
17-27a-403
 is amended to read:
17-27a-403.
Plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
17-27a-203
, of the planning commission's intent to make a recommendation to the county
legislative body for a general plan or a comprehensive general plan amendment when the
planning commission initiates the process of preparing the planning commission's
recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for:
(i) the unincorporated area within the county; or
(ii) if the planning commission is a planning commission for a mountainous planning
district, the mountainous planning district.
(c) (i) The plan may include planning for incorporated areas if, in the planning
commission's judgment, they are related to the planning of the unincorporated territory or of
the county as a whole.
(ii) Elements of the county plan that address incorporated areas are not an official plan
or part of a municipal plan for any municipality, unless the county plan is recommended by the
municipal planning commission and adopted by the governing body of the municipality.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate;
(B) includes a statement of the projections for and standards of population density and
building intensity recommended for the various land use categories covered by the plan;
(C) is coordinated to integrate the land use element with the water use and preservation
element; and
(D) accounts for the effect of land use categories and land uses on water demand;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) addresses the county's plan for residential and commercial development around
major transit investment corridors to maintain and improve the connections between housing,
employment, education, recreation, and commerce; and
(C) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan;
(iii) for a specified county as defined in Section 
17-27a-408
, a moderate income
housing element that:
(A) provides a realistic opportunity to meet the need for additional moderate income
housing within the next five years;
(B) selects three or more moderate income housing strategies described in Subsection
(2)(b)(ii) for implementation; and
(C) includes an implementation plan as provided in Subsection (2)(e);
(iv) a resource management plan detailing the findings, objectives, and policies
required by Subsection 
17-27a-401
(3); and
(v) a water use and preservation element that addresses:
(A) the effect of permitted development or patterns of development on water demand
and water infrastructure;
(B) methods of reducing water demand and per capita consumption for future
development;
(C) methods of reducing water demand and per capita consumption for existing
development; and
(D) opportunities for the county to modify the county's operations to eliminate
practices or conditions that waste water.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that counties should facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life; and
(ii) shall include an analysis of how the county will provide a realistic opportunity for
the development of moderate income housing within the planning horizon, including a
recommendation to implement three or more of the following moderate income housing
strategies:
(A) rezone for densities necessary to facilitate the production of moderate income
housing;
(B) demonstrate investment in the rehabilitation or expansion of infrastructure that
facilitates the construction of moderate income housing;
(C) demonstrate investment in the rehabilitation of existing uninhabitable housing
stock into moderate income housing;
(D) identify and utilize county general fund subsidies or other sources of revenue to
waive construction related fees that are otherwise generally imposed by the county for the
construction or rehabilitation of moderate income housing;
(E) create or allow for, and reduce regulations related to, internal or detached accessory
dwelling units in residential zones;
(F) zone or rezone for higher density or moderate income residential development in
commercial or mixed-use zones, commercial centers, or employment centers;
(G) amend land use regulations to allow for higher density or new moderate income
residential development in commercial or mixed-use zones near major transit investment
corridors;
(H) amend land use regulations to eliminate or reduce parking requirements for
residential development where a resident is less likely to rely on the resident's own vehicle,
such as residential development near major transit investment corridors or senior living
facilities;
(I) amend land use regulations to allow for single room occupancy developments;
(J) implement zoning incentives for moderate income units in new developments;
(K) preserve existing and new moderate income housing and subsidized units by
utilizing a landlord incentive program, providing for deed restricted units through a grant
program, or establishing a housing loss mitigation fund;
(L) reduce, waive, or eliminate impact fees related to moderate income housing;
(M) demonstrate creation of, or participation in, a community land trust program for
moderate income housing;
(N) implement a mortgage assistance program for employees of the county, an
employer that provides contracted services for the county, or any other public employer that
operates within the county;
(O) apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing, an entity that applies for
programs offered by the Utah Housing Corporation within that agency's funding capacity, an
entity that applies for affordable housing programs administered by the Department of
Workforce Services, an entity that applies for services provided by a public housing authority
to preserve and create moderate income housing, or any other entity that applies for programs
or services that promote the construction or preservation of moderate income housing;
(P) demonstrate utilization of a moderate income housing set aside from a community
reinvestment agency, redevelopment agency, or community development and renewal agency
to create or subsidize moderate income housing;
(Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
Part 6, Housing and Transit Reinvestment Zone Act;
(R) eliminate impact fees for any accessory dwelling unit that is not an internal
accessory dwelling unit as defined in Section 
10-9a-530
;
(S) create a program to transfer development rights for moderate income housing;
(T) ratify a joint acquisition agreement with another local political subdivision for the
purpose of combining resources to acquire property for moderate income housing;
(U) develop a moderate income housing project for residents who are disabled or 55
years old or older;
(V) create or allow for, and reduce regulations related to, multifamily residential
dwellings compatible in scale and form with detached single-family residential dwellings and
located in walkable communities within residential or mixed-use zones; and
(W) demonstrate implementation of any other program or strategy to address the
housing needs of residents of the county who earn less than 80% of the area median income,
including the dedication of a local funding source to moderate income housing or the adoption
of a land use ordinance that requires 10% or more of new residential development in a
residential zone be dedicated to moderate income housing.
(c)
 [
(iii)
] If a specified county, as defined in Section 
17-27a-408
, has created a small
public transit district, as defined in Section 
17B-2a-802
, on or before January 1, 2022, the
specified county shall include as part of the specified county's recommended strategies under
Subsection (2)(b)(ii) a recommendation to implement the strategy described in Subsection
(2)(b)(ii)(Q).
[
(iv)
] 
(d)
 The planning commission shall identify each moderate income housing
strategy recommended to the legislative body for implementation by restating the exact
language used to describe the strategy in Subsection (2)(b)(ii).
[
(c)
] 
(e)
 In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the unincorporated area
of the county or mountainous planning district;
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture; and
(iii) consider and coordinate with any station area plans adopted by municipalities
located within the county under Section 
10-9a-403.1
.
[
(d)
] 
(f)
 In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) (A) consider and coordinate with the regional transportation plan developed by the
county's region's metropolitan planning organization, if the relevant areas of the county are
within the boundaries of a metropolitan planning organization; or
(B) consider and coordinate with the long-range transportation plan developed by the
Department of Transportation, if the relevant areas of the county are not within the boundaries
of a metropolitan planning organization; and
(ii) consider and coordinate with any station area plans adopted by municipalities
located within the county under Section 
10-9a-403.1
.
[
(e)
] 
(g)
 (i) In drafting the implementation plan portion of the moderate income
housing element as described in Subsection (2)(a)(iii)(C), the planning commission shall
recommend to the legislative body the establishment of a five-year timeline for implementing
each of the moderate income housing strategies selected by the county for implementation.
(ii) The timeline described in Subsection [
(2)(e)(i)
] 
(2)(g)(i)
 shall:
(A) identify specific measures and benchmarks for implementing each moderate
income housing strategy selected by the county; and
(B) provide flexibility for the county to make adjustments as needed.
[
(f)
] 
(h)
 In drafting the water use and preservation element, the planning commission:
(i) shall consider applicable regional water conservation goals recommended by the
Division of Water Resources;
(ii) shall consult with the Division of Water Resources for information and technical
resources regarding regional water conservation goals, including how implementation of the
land use element and water use and preservation element may affect the Great Salt Lake;
(iii) shall notify the community water systems serving drinking water within the
unincorporated portion of the county and request feedback from the community water systems
about how implementation of the land use element and water use and preservation element may
affect:
(A) water supply planning, including drinking water source and storage capacity
consistent with Section 
19-4-114
; and
(B) water distribution planning, including master plans, infrastructure asset
management programs and plans, infrastructure replacement plans, and impact fee facilities
plans;
(iv) shall consider the potential opportunities and benefits of planning for
regionalization of public water systems;
(v) shall consult with the Department of Agriculture and Food for information and
technical resources regarding the potential benefits of agriculture conservation easements and
potential implementation of agriculture water optimization projects that would support regional
water conservation goals;
(vi) shall notify an irrigation or canal company located in the county so that the
irrigation or canal company can be involved in the protection and integrity of the irrigation or
canal company's delivery systems;
(vii) shall include a recommendation for:
(A) water conservation policies to be determined by the county; and
(B) landscaping options within a public street for current and future development that
do not require the use of lawn or turf in a parkstrip;
(viii) shall review the county's land use ordinances and include a recommendation for
changes to an ordinance that promotes the inefficient use of water;
(ix) shall consider principles of sustainable landscaping, including the:
(A) reduction or limitation of the use of lawn or turf;
(B) promotion of site-specific landscape design that decreases stormwater runoff or
runoff of water used for irrigation;
(C) preservation and use of healthy trees that have a reasonable water requirement or
are resistant to dry soil conditions;
(D) elimination or regulation of ponds, pools, and other features that promote
unnecessary water evaporation;
(E) reduction of yard waste; and
(F) use of an irrigation system, including drip irrigation, best adapted to provide the
optimal amount of water to the plants being irrigated;
(x) may include recommendations for additional water demand reduction strategies,
including:
(A) creating a water budget associated with a particular type of development;
(B) adopting new or modified lot size, configuration, and landscaping standards that
will reduce water demand for new single family development;
(C) providing one or more water reduction incentives for existing landscapes and
irrigation systems and installation of water fixtures or systems that minimize water demand;
(D) discouraging incentives for economic development activities that do not adequately
account for water use or do not include strategies for reducing water demand; and
(E) adopting water concurrency standards requiring that adequate water supplies and
facilities are or will be in place for new development; and
(xi) shall include a recommendation for low water use landscaping standards for a new:
(A) commercial, industrial, or institutional development;
(B) common interest community, as defined in Section 
57-25-102
; or
(C) multifamily housing project.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) to the extent not covered by the county's resource management plan, the protection,
conservation, development, and use of natural resources, including the quality of:
(A) air;
(B) forests;
(C) soils;
(D) rivers;
(E) groundwater and other waters;
(F) harbors;
(G) fisheries;
(H) wildlife;
(I) minerals; and
(J) other natural resources; and
(ii) (A) the reclamation of land, flood control, prevention and control of the pollution
of streams and other waters;
(B) the regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas;
(C) the prevention, control, and correction of the erosion of soils;
(D) the preservation and enhancement of watersheds and wetlands; and
(E) the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected county
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the adoption of land and water use ordinances, capital improvement plans, community
development and promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
17-27a-401
(2) or
(3)(a)(i); and
(g) any other element the county considers appropriate.
Section 4. Section 
17-27a-408
 is amended to read:
17-27a-408.
Moderate income housing report -- Contents -- Prioritization for
funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
(1) As used in this section:
(a) "Division" means the Housing and Community Development Division within the
Department of Workforce Services.
(b) "Implementation plan" means the implementation plan adopted as part of the
moderate income housing element of a specified county's general plan as provided in
Subsection [
17-27a-403
(2)(e)
] 
17-27a-403
(2)(g)
.
(c) "Initial report" means the one-time moderate income housing report described in
Subsection (2).
(d) "Moderate income housing strategy" means a strategy described in Subsection
17-27a-403
(2)(b)(ii).
(e) "Report" means an initial report or a subsequent report.
(f) "Specified county" means a county of the first, second, or third class, which has a
population of more than 5,000 in the county's unincorporated areas.
(g) "Subsequent progress report" means the annual moderate income housing report
described in Subsection (3).
(2) (a) The legislative body of a specified county shall annually submit an initial report
to the division.
(b) (i) This Subsection (2)(b) applies to a county that is not a specified county as of
January 1, 2023.
(ii) As of January 1, if a county described in Subsection (2)(b)(i) changes from one
class to another or grows in population to qualify as a specified county, the county shall submit
an initial plan to the division on or before August 1 of the first calendar year beginning on
January 1 in which the county qualifies as a specified county.
(c) The initial report shall:
(i) identify each moderate income housing strategy selected by the specified county for
continued, ongoing, or one-time implementation, using the exact language used to describe the
moderate income housing strategy in Subsection 
17-27a-403
(2)(b)(ii); and
(ii) include an implementation plan.
(3) (a) After the division approves a specified county's initial report under this section,
the specified county shall, as an administrative act, annually submit to the division a
subsequent progress report on or before August 1 of each year after the year in which the
specified county is required to submit the initial report.
(b) The subsequent progress report shall include:
(i) subject to Subsection (3)(c), a description of each action, whether one-time or
ongoing, taken by the specified county during the previous 12-month period to implement the
moderate income housing strategies identified in the initial report for implementation;
(ii) a description of each land use regulation or land use decision made by the specified
county during the previous 12-month period to implement the moderate income housing
strategies, including an explanation of how the land use regulation or land use decision
supports the specified county's efforts to implement the moderate income housing strategies;
(iii) a description of any barriers encountered by the specified county in the previous
12-month period in implementing the moderate income housing strategies;
(iv) information regarding the number of internal and external or detached accessory
dwelling units located within the specified county for which the specified county:
(A) issued a building permit to construct; or
(B) issued a business license or comparable license or permit to rent;
(v) a description of how the market has responded to the selected moderate income
housing strategies, including the number of entitled moderate income housing units or other
relevant data; 
and
(vi) any recommendations on how the state can support the specified county in
implementing the moderate income housing strategies.
(c) For purposes of describing actions taken by a specified county under Subsection
(3)(b)(i), the specified county may include an ongoing action taken by the specified county
prior to the 12-month reporting period applicable to the subsequent progress report if the
specified county:
(i) has already adopted an ordinance, approved a land use application, made an
investment, or approved an agreement or financing that substantially promotes the
implementation of a moderate income housing strategy identified in the initial report; and
(ii) demonstrates in the subsequent progress report that the action taken under
Subsection (3)(c)(i) is relevant to making meaningful progress towards the specified county's
implementation plan.
(d) A specified county's report shall be in a form:
(i) approved by the division; and
(ii) made available by the division on or before May 1 of the year in which the report is
required.
(4) Within 90 days after the day on which the division receives a specified county's
report, the division shall:
(a) post the report on the division's website;
(b) send a copy of the report to the Department of Transportation, the Governor's
Office of Planning and Budget, the association of governments in which the specified county is
located, and, if the unincorporated area of the specified county is located within the boundaries
of a metropolitan planning organization, the appropriate metropolitan planning organization;
and
(c) subject to Subsection (5), review the report to determine compliance with this
section.
(5) (a) An initial report does not comply with this section unless the report:
(i) includes the information required under Subsection (2)(c);
(ii) subject to Subsection (5)(c), demonstrates to the division that the specified county
made plans to implement three or more moderate income housing strategies; and
(iii) is in a form approved by the division.
(b) A subsequent progress report does not comply with this section unless the report:
(i) subject to Subsection (5)(c), demonstrates to the division that the specified county
made plans to implement three or more moderate income housing strategies;
(ii) is in a form approved by the division; and
(iii) provides sufficient information for the division to:
(A) assess the specified county's progress in implementing the moderate income
housing strategies;
(B) monitor compliance with the specified county's implementation plan;
(C) identify a clear correlation between the specified county's land use decisions and
efforts to implement the moderate income housing strategies;
(D) identify how the market has responded to the specified county's selected moderate
income housing strategies; and
(E) identify any barriers encountered by the specified county in implementing the
selected moderate income housing strategies.
(c) (i) This Subsection (5)(c) applies to a specified county that has created a small
public transit district, as defined in Section 
17B-2a-802
, on or before January 1, 2022.
(ii) In addition to the requirements of Subsections (5)(a) and (b), a report for a
specified county described in Subsection (5)(c)(i) does not comply with this section unless the
report demonstrates to the division that the specified county:
(A) made plans to implement the moderate income housing strategy described in
Subsection 
17-27a-403
(2)(b)(ii)(Q); and
(B) is in compliance with Subsection 
63N-3-603
(8).
(6) (a) A specified county qualifies for priority consideration under this Subsection (6)
if the specified county's report:
(i) complies with this section; and
(ii) demonstrates to the division that the specified county made plans to implement five
or more moderate income housing strategies.
(b) The Transportation Commission may, in accordance with Subsection
72-1-304
(3)(c), give priority consideration to transportation projects located within the
unincorporated areas of a specified county described in Subsection (6)(a) until the Department
of Transportation receives notice from the division under Subsection (6)(e).
(c) Upon determining that a specified county qualifies for priority consideration under
this Subsection (6), the division shall send a notice of prioritization to the legislative body of
the specified county and the Department of Transportation.
(d) The notice described in Subsection (6)(c) shall:
(i) name the specified county that qualifies for priority consideration;
(ii) describe the funds or projects for which the specified county qualifies to receive
priority consideration; and
(iii) state the basis for the division's determination that the specified county qualifies
for priority consideration.
(e) The division shall notify the legislative body of a specified county and the
Department of Transportation in writing if the division determines that the specified county no
longer qualifies for priority consideration under this Subsection (6).
(7) (a) If the division, after reviewing a specified county's report, determines that the
report does not comply with this section, the division shall send a notice of noncompliance to
the legislative body of the specified county.
(b) A specified county that receives a notice of noncompliance may:
(i) cure each deficiency in the report within 90 days after the day on which the notice of
noncompliance is sent; or
(ii) request an appeal of the division's determination of noncompliance within 10 days
after the day on which the notice of noncompliance is sent.
(c) The notice described in Subsection (7)(a) shall:
(i) describe each deficiency in the report and the actions needed to cure each
deficiency;
(ii) state that the specified county has an opportunity to:
(A) submit to the division a corrected report that cures each deficiency in the report
within 90 days after the day on which the notice of noncompliance is sent; or
(B) submit to the division a request for an appeal of the division's determination of
noncompliance within 10 days after the day on which the notice of noncompliance is sent; and
(iii) state that failure to take action under Subsection (7)(c)(ii) will result in the
specified county's ineligibility for funds and fees owed under Subsection (9).
(d) For purposes of curing the deficiencies in a report under this Subsection (7), if the
action needed to cure the deficiency as described by the division requires the specified county
to make a legislative change, the specified county may cure the deficiency by making that
legislative change within the 90-day cure period.
(e) (i) If a specified county submits to the division a corrected report in accordance
with Subsection (7)(b)(i), and the division determines that the corrected report does not comply
with this section, the division shall send a second notice of noncompliance to the legislative
body of the specified county.
(ii) A specified county that receives a second notice of noncompliance may request an
appeal of the division's determination of noncompliance within 10 days after the day on which
the second notice of noncompliance is sent.
(iii) The notice described in Subsection (7)(e)(i) shall:
(A) state that the specified county has an opportunity to submit to the division a request
for an appeal of the division's determination of noncompliance within 10 days after the day on
which the second notice of noncompliance is sent; and
(B) state that failure to take action under Subsection (7)(e)(iii)(A) will result in the
specified county's ineligibility for funds under Subsection (9).
(8) (a) A specified county that receives a notice of noncompliance under Subsection
(7)(a) or (7)(e)(i) may request an appeal of the division's determination of noncompliance
within 10 days after the day on which the notice of noncompliance is sent.
(b) Within 90 days after the day on which the division receives a request for an appeal,
an appeal board consisting of the following three members shall review and issue a written
decision on the appeal:
(i) one individual appointed by the Utah Association of Counties;
(ii) one individual appointed by the Utah Homebuilders Association; and
(iii) one individual appointed by the presiding member of the association of
governments, established pursuant to an interlocal agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, of which the specified county is a member.
(c) The written decision of the appeal board shall either uphold or reverse the division's
determination of noncompliance.
(d) The appeal board's written decision on the appeal is final.
(9) (a) A specified county is ineligible for funds and owes a fee under this Subsection
(9) if:
(i) the specified county fails to submit a report to the division;
(ii) after submitting a report to the division, the division determines that the report does
not comply with this section and the specified county fails to:
(A) cure each deficiency in the report within 90 days after the day on which the notice
of noncompliance is sent; or
(B) request an appeal of the division's determination of noncompliance within 10 days
after the day on which the notice of noncompliance is sent;
(iii) after submitting to the division a corrected report to cure the deficiencies in a
previously-submitted report, the division determines that the corrected report does not comply
with this section and the specified county fails to request an appeal of the division's
determination of noncompliance within 10 days after the day on which the second notice of
noncompliance is sent; or
(iv) after submitting a request for an appeal under Subsection (8), the appeal board
issues a written decision upholding the division's determination of noncompliance.
(b) The following apply to a specified county described in Subsection (9)(a) until the
division provides notice under Subsection (9)(e):
(i) the executive director of the Department of Transportation may not program funds
from the Transportation Investment Fund of 2005, including the Transit Transportation
Investment Fund, to projects located within the unincorporated areas of the specified county in
accordance with Subsection 
72-2-124
(6);
(ii) beginning with the report submitted in 2024, the specified county shall pay a fee to
the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified county:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(7); and
(iii) beginning with the report submitted in 2025, the specified county shall pay a fee to
the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified county,
for a consecutive year:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(7).
(c) Upon determining that a specified county is ineligible for funds under this
Subsection (9), and is required to pay a fee under Subsection (9)(b), if applicable, the division
shall send a notice of ineligibility to the legislative body of the specified county, the
Department of Transportation, the State Tax Commission, and the Governor's Office of
Planning and Budget.
(d) The notice described in Subsection (9)(c) shall:
(i) name the specified county that is ineligible for funds;
(ii) describe the funds for which the specified county is ineligible to receive;
(iii) describe the fee the specified county is required to pay under Subsection (9)(b), if
applicable; 
and
(iv) state the basis for the division's determination that the specified county is ineligible
for funds.
(e) The division shall notify the legislative body of a specified county and the
Department of Transportation in writing if the division determines that the provisions of this
Subsection (9) no longer apply to the specified county.
(f) The division may not determine that a specified county that is required to pay a fee
under Subsection (9)(b) is in compliance with the reporting requirements of this section until
the specified county pays all outstanding fees required under Subsection (9)(b) to the Olene
Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene Walker Housing
Loan Fund.
(10) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 
17-27a-404
(5)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 5. Section 
23A-4-704
 is amended to read:
23A-4-704.
Bear hunting permit.
(1) A person 12 years old or older may apply for or obtain a permit to take bear as
provided by a rule or proclamation of the Wildlife Board upon:
(a) paying the [
cougar or
] bear hunting permit fee established by the Wildlife Board;
and
(b) possessing a valid hunting or combination license.
(2) A person 11 years old may apply for or obtain a bear hunting permit consistent with
the requirements of Subsection (1) if that person's 12th birthday falls within the calendar year
in which the permit is issued.
(3) The division shall use one dollar of a bear permit fee collected from a resident for
the hunter education program.
Section 6. Section 
26B-4-123 (Superseded 07/01/24)
 is amended to read:
26B-4-123 (Superseded 07/01/24).
Out-of-state vehicles.
(1) An ambulance or emergency response vehicle from another state may not pick up a
patient in Utah to transport that patient to another location in Utah or to another state without a
permit issued under Section [
26B-2-318
] 
26B-4-118
 and, in the case of an ambulance, a license
issued under this part for ambulance and paramedic providers.
(2) Notwithstanding Subsection (1), an ambulance or emergency response vehicle from
another state may, without a permit or license:
(a) transport a patient into Utah; and
(b) provide assistance in time of disaster.
(3) The department may enter into agreements with ambulance and paramedic
providers and their respective licensing agencies from other states to assure the expeditious
delivery of emergency medical services beyond what may be reasonably provided by licensed
ambulance and paramedic providers, including the transportation of patients between states.
Section 7. Section 
32B-6-205.4
 is amended to read:
32B-6-205.4.
Small full-service restaurant licensee -- Exemption.
(1) Notwithstanding the provisions of Section [
32B-6-205
 or
] 
32B-6-205.2
 and subject
to Subsection (2), a minor may sit, remain, or consume food or beverages in the dispensing
area of a small full-service restaurant licensee if:
(a) seating in the dispensing area is the only seating available for patrons on the
licensed premises;
(b) the minor is accompanied by an individual who is 21 years [
of age
] 
old
 or older;
and
(c) the small full-service restaurant licensee applies for and obtains approval from the
department to seat minors in the dispensing area in accordance with this section.
(2) A minor may not sit, remain, or consume food or beverages at a dispensing
structure.
(3) The department shall:
(a) grant an approval described in Subsection (1)(c) if the small full-service restaurant
licensee demonstrates that the small full-service restaurant licensee meets the requirements
described in Subsection 
32B-6-202
(3); and
(b) for each application described in Subsection (1)(c) that the department receives on
or before May 8, 2018, act on the application on or before July 1, 2018. 
Section 8. Section 
32B-6-305.4
 is amended to read:
32B-6-305.4.
Small limited-service restaurant licensee -- Exemption.
(1) Notwithstanding the provisions of Section [
32B-6-305
 or
] 
32B-6-305.2
 and subject
to Subsection (2), a minor may sit, remain, or consume food or beverages in the dispensing
area of a small limited-service restaurant licensee if:
(a) seating in the dispensing area is the only seating available for patrons on the
licensed premises;
(b) the minor is accompanied by an individual who is 21 years of age or older; and
(c) the small limited-service restaurant licensee applies for and obtains approval from
the department to seat minors in the dispensing area in accordance with this section.
(2) A minor may not sit, remain, or consume food or beverages at a dispensing
structure.
(3) The department shall:
(a) grant an approval described in Subsection (1)(c) if the small limited-service
restaurant licensee demonstrates that the small limited-service restaurant licensee meets the
requirements described in Subsection [
32B-6-302
(5)
] 
32B-6-302
(3)
; and
(b) for each application described in Subsection (1)(c) that the department receives on
or before May 8, 2018, act on the application on or before July 1, 2018. 
Section 9. Section 
32B-6-905.3
 is amended to read:
32B-6-905.3.
Small beer-only restaurant licensee -- Exemption.
(1) [
Notwithstanding the provisions of Section 
32B-6-905
 or 
32B-6-905.2
 and subject
to Subsection (2), a
] 
A
 minor may sit, remain, or consume food or beverages in the dispensing
area of a small beer-only restaurant licensee if:
(a) seating in the dispensing area is the only seating available for patrons on the
licensed premises;
(b) the minor is accompanied by an individual who is 21 years of age or older; and
(c) the small beer-only restaurant licensee applies for and obtains approval from the
department to seat minors in the dispensing area in accordance with this section.
(2) A minor may not sit, remain, or consume food or beverages at a dispensing
structure.
(3) The department shall:
(a) grant an approval described in Subsection (1)(c) if the small beer-only restaurant
licensee demonstrates that the small beer-only restaurant licensee meets the requirements
described in Subsection [
32B-6-902
(1)(e)
] 
32B-6-902
(1)(c)
; and
(b) for each application described in Subsection (1)(c) that the department receives on
or before May 8, 2018, act on the application on or before July 1, 2018. 
Section 10. Section 
34A-2-424
 is amended to read:
34A-2-424.
Prescribing policies for certain opioid prescriptions.
(1) This section applies to a person regulated by this chapter or Chapter 3, Utah
Occupational Disease Act.
(2) A self-insured employer, as that term is defined in Section 
34A-2-201.5
, an
insurance carrier, and a managed health care program under Section 
34A-2-111
 may implement
a prescribing policy for certain opioid prescriptions [
in accordance with Section
31A-22-615.5
].
Section 11. Section 
35A-8-509
 is amended to read:
35A-8-509.
Economic Revitalization and Investment Fund.
(1) There is created an enterprise fund known as the "Economic Revitalization and
Investment Fund."
(2) The Economic Revitalization and Investment Fund consists of money from the
following:
(a) money appropriated to the account by the Legislature;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) money returned to the department under Subsection 
35A-8-512
(3)(a).
(3) The Economic Revitalization and Investment Fund shall earn interest, which shall
be deposited into the Economic Revitalization and Investment Fund.
(4) The executive director may distribute money from the Economic Revitalization and
Investment Fund to one or more projects that:
(a) include affordable housing units for households whose income is no more than 30%
of the area median income for households of the same size in the county or municipality where
the project is located; and
(b) have been approved by the board in accordance with Section 
35A-8-510
.
(5) (a) A housing sponsor may apply to the department to receive a distribution in
accordance with Subsection (4).
(b) The application shall include:
(i) the location of the project;
(ii) the number, size, and tenant income requirements of affordable housing units
described in Subsection (4)(a) that will be included in the project; and
(iii) a written commitment to enter into a deed restriction that reserves for a period of
30 years the affordable housing units described in Subsection (5)(b)(ii) or their equivalent for
occupancy by households that meet the income requirements described in Subsection (5)(b)(ii).
(c) The commitment in Subsection (5)(b)(iii) shall be considered met if a housing unit
is:
[
(i) (A)
] 
(i)
 occupied or reserved for occupancy by a household whose income is no
more than 30% of the area median income for households of the same size in the county or
municipality where the project is located; or
[
(B)
] 
(ii)
 occupied by a household whose income is no more than 60% of the area
median income for households of the same size in the county or municipality where the project
is located if that household met the income requirement described in Subsection (4)(a) when
the household originally entered into the lease agreement for the housing unit[
; and
]
.
[
(ii) rented at a rate no greater than the rate described in Subsection 
35A-8-511
(2)(b).
]
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make additional rules providing procedures for a person to apply to the
department to receive a distribution described in Subsection (4).
(6) The executive director may expend up to 3% of the revenues of the Economic
Revitalization and Investment Fund, including any appropriation to the Economic
Revitalization and Investment Fund, to offset department or board administrative expenses.
Section 12. Section 
35A-16-503
 is amended to read:
35A-16-503.
Rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules governing:
(1) the submission of [
an overflow
] 
a winter response
 plan under Subsection
35A-16-502
(1);
(2) the review of [
an overflow
] 
a winter response
 plan for purposes of determining
compliance under Subsection 
35A-16-502
(4);
(3) the process of sending a notice of noncompliance under Subsection
[
35A-16-502
(5)
] 
35A-16-502
(6)
; and
(4) the location, establishment, and operation of a temporary [
overflow
] 
winter
response
 shelter under [
Subsections 
35A-16-502
(6)(b)(ii) and (c)
] 
Section 
35A-16-502
.
Section 13. Section 
35A-16-703
 is amended to read:
35A-16-703.
Provisions in effect for duration of code blue alert.
Subject to rules made by the Department of Health and Human Services under
Subsection 
35A-16-702
(4), the following provisions take effect within an affected county for
the duration of a code blue alert:
(1) a homeless shelter may expand the homeless shelter's capacity limit by up to 35%
to provide temporary shelter to any number of individuals experiencing homelessness, so long
as the homeless shelter is in compliance with the applicable building code and fire code;
(2) a homeless shelter, in coordination with the applicable local homeless council, shall
implement expedited intake procedures for individuals experiencing homelessness who request
access to the homeless shelter;
(3) a homeless shelter may not deny temporary shelter to any individual experiencing
homelessness who requests access to the homeless shelter for temporary shelter unless the
homeless shelter is at the capacity limit described in Subsection (1) or if the individual presents
a danger to the homeless shelter's staff or guests;
(4) any indoor facility owned by a private organization, nonprofit organization, state
government entity, or local government entity may be used to provide temporary shelter to
individuals experiencing homelessness and is exempt from the licensure requirements of [
Title
62A, Chapter 2, Licensure of Programs and Facilities
] 
Title 26B, Chapter 2, Licensing and
Certifications
, for the duration of the code blue alert and seven days following the day on
which the code blue alert ends, so long as the facility is in compliance with the applicable
building code and fire code;
(5) homeless shelters, state and local government entities, and other organizations that
provide services to individuals experiencing homelessness shall coordinate street outreach
efforts to distribute to individuals experiencing homelessness any available resources for
survival in cold weather, including clothing items and blankets;
(6) if no beds or other accommodations are available at any homeless shelters located
within the affected county, a municipality may not enforce an ordinance that prohibits or abates
camping for the duration of the code blue alert and the two days following the day on which the
code blue alert ends;
(7) a state or local government entity, including a municipality, law enforcement
agency, and local health department may not enforce an ordinance or policy to seize from
individuals experiencing homelessness any personal items for survival in cold weather,
including clothing, blankets, tents, sleeping bags, heaters, stoves, and generators; and
(8) a municipality or other local government entity may not enforce any ordinance or
policy that limits or restricts the ability for the provisions described in Subsections (1) through
(7) to take effect, including local zoning ordinances.
Section 14. Section 
39A-3-105
 is amended to read:
39A-3-105.
General officer salary and benefits.
(1) Full-time, state employed general officers or officers appointed to a general officer
position shall receive a salary that makes the total federal and state compensation at least
commensurate with the pay and allowances for their military grade or assigned position, time
in grade, and time in service as established in the United States Department of Defense Finance
and Accounting Services annual pay and allowances chart.
(2) General officers appointed to state employment shall receive the benefits and
protections in Section [
39-1-36
] 
71A-8-101
 for the term of the appointment.
Section 15. Section 
41-1a-419
 is amended to read:
41-1a-419.
Plate design -- Vintage vehicle certification and registration --
Personalized special group license plates -- Rulemaking.
(1) (a) In accordance with Subsection (1)(b), the division shall determine the design
and number of numerals or characters on a special group license plate.
(b) (i) Except as provided in Subsection (1)(b)(ii), each special group license plate
shall display:
(A) the word Utah;
(B) the name or identifying slogan of the special group;
(C) a symbol decal not exceeding two positions in size representing the special group;
and
(D) the combination of letters, numbers, or both uniquely identifying the registered
vehicle.
(ii) The division, in consultation with the Utah State Historical Society, shall design
the historical support special group license plate, which shall:
(A) have a black background;
(B) have white characters; and
(C) display the word Utah.
(2) (a) The division shall, after consultation with a representative designated by the
sponsoring organization as defined in Section 
41-1a-1601
, specify the word or words
comprising the special group name and the symbol decal to be displayed upon the special group
license plate.
(b) A special group license plate symbol decal may not be redesigned:
(i) unless the division receives a redesign fee established by the division under Section
63J-1-504
; and
(ii) more frequently than every five years.
(c) A special group license plate symbol decal may not be reordered unless the division
receives a symbol decal reorder fee established by the division in accordance with Section
63J-1-504
.
(3) The license plates issued for horseless carriages prior to July 1, 1992, are valid
without renewal as long as the vehicle is owned by the registered owner and the license plates
may not be recalled by the division.
(4) [
Subject to Subsection 
41-1a-411
(4)(a), a
] 
A
 person who meets the requirements
described in this part or Part 16, Sponsored Special Group License Plates, for a special group
license plate may, apply for a personalized special group license plate in accordance with
Sections 
41-1a-410
 and 
41-1a-411
.
(5) Subject to this chapter, the commission shall make rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) establish qualifying criteria for persons to receive, renew, or surrender special group
license plates; and
(b) establish the number of numerals or characters for special group license plates.
Section 16. Section 
49-20-415
 is amended to read:
49-20-415.
Prescribing policies for certain opioid prescriptions.
A plan offered to state employees under this chapter may implement a prescribing
policy for certain opioid prescriptions [
in accordance with Section 
31A-22-615.5
].
Section 17. Section 
52-4-204
 is amended to read:
52-4-204.
Closed meeting held upon vote of members -- Business -- Reasons for
meeting recorded.
(1) A closed meeting may be held if:
(a) (i) a quorum is present;
(ii) the meeting is an open meeting for which notice has been given under Section
52-4-202
; and
(iii) (A) two-thirds of the members of the public body present at the open meeting vote
to approve closing the meeting;
(B) for a meeting that is required to be closed under Section 
52-4-205
, if a majority of
the members of the public body present at an open meeting vote to approve closing the
meeting;
(C) for an ethics committee of the Legislature that is conducting an open meeting for
the purpose of reviewing an ethics complaint, a majority of the members present vote to
approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
complaint;
(D) for the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
 that is conducting an open meeting for the purpose of reviewing an ethics
complaint in accordance with Section 
63A-15-701
, a majority of the members present vote to
approve closing the meeting for the purpose of seeking or obtaining legal advice on legal,
evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the
complaint;
(E) for a project entity that is conducting an open meeting for the purposes of
determining the value of an asset, developing a strategy related to the sale or use of that asset;
(F) for a project entity that is conducting an open meeting for purposes of discussing a
business decision, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, the project entity; or
(G) for a project entity that is conducting an open meeting for purposes of discussing a
record, the disclosure of which could cause commercial injury to, or confer a competitive
advantage upon a potential competitor of, the project entity; or
(b) (i) for the Independent Legislative Ethics Commission, the closed meeting is
convened for the purpose of conducting business relating to the receipt or review of an ethics
complaint, if public notice of the closed meeting is given under Section 
52-4-202
, with the
agenda for the meeting stating that the meeting will be closed for the purpose of "conducting
business relating to the receipt or review of ethics complaints";
(ii) for the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
, the closed meeting is convened for the purpose of conducting business relating to
the preliminary review of an ethics complaint in accordance with Section 
63A-15-602
, if public
notice of the closed meeting is given under Section 
52-4-202
, with the agenda for the meeting
stating that the meeting will be closed for the purpose of "conducting business relating to the
review of ethics complaints"; 
or
(iii) for the Independent Executive Branch Ethics Commission created in Section
63A-14-202
, the closed meeting is convened for the purpose of conducting business relating to
an ethics complaint, if public notice of the closed meeting is given under Section 
52-4-202
,
with the agenda for the meeting stating that the meeting will be closed for the purpose of
"conducting business relating to an ethics complaint
.
"[
; or
]
[
(iv) for the Data Security Management Council created in Section 
63A-16-701
, the
closed meeting is convened in accordance with Subsection 
63A-16-701
(7), if public notice of
the closed meeting is given under Section 
52-4-202
, with the agenda for the meeting stating
that the meeting will be closed for the purpose of "conducting business relating to information
technology security."
]
(2) A closed meeting is not allowed unless each matter discussed in the closed meeting
is permitted under Section 
52-4-205
.
(3) (a) An ordinance, resolution, rule, regulation, contract, or appointment may not be
approved at a closed meeting.
(b) (i) A public body may not take a vote in a closed meeting, except for a vote on a
motion to end the closed portion of the meeting and return to an open meeting.
(ii) A motion to end the closed portion of a meeting may be approved by a majority of
the public body members present at the meeting.
(4) The following information shall be publicly announced and entered on the minutes
of the open meeting at which the closed meeting was approved:
(a) the reason or reasons for holding the closed meeting;
(b) the location where the closed meeting will be held; and
(c) the vote by name, of each member of the public body, either for or against the
motion to hold the closed meeting.
(5) Except as provided in Subsection 
52-4-205
(2), nothing in this chapter shall be
construed to require any meeting to be closed to the public.
Section 18. Section 
52-4-207
 is amended to read:
52-4-207.
Electronic meetings -- Authorization -- Requirements.
(1) Except as otherwise provided for a charter school in Section 
52-4-209
, a public
body may convene and conduct an electronic meeting in accordance with this section.
(2) (a) A public body may not hold an electronic meeting unless the public body has
adopted a resolution, rule, or ordinance governing the use of electronic meetings.
(b) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an
electronic meeting shall establish the conditions under which a remote member is included in
calculating a quorum.
(c) A resolution, rule, or ordinance described in Subsection (2)(a) may:
(i) prohibit or limit electronic meetings based on budget, public policy, or logistical
considerations;
(ii) require a quorum of the public body to:
(A) be present at a single anchor location for the meeting; and
(B) vote to approve establishment of an electronic meeting in order to include other
members of the public body through an electronic connection;
(iii) require a request for an electronic meeting to be made by a member of a public
body up to three days prior to the meeting to allow for arrangements to be made for the
electronic meeting;
(iv) restrict the number of separate connections for members of the public body that are
allowed for an electronic meeting based on available equipment capability;
(v) if the public body is statutorily authorized to allow a member of the public body to
act by proxy, establish the conditions under which a member may vote or take other action by
proxy; or
(vi) establish other procedures, limitations, or conditions governing electronic meetings
not in conflict with this section.
(3) A public body that convenes and conducts an electronic meeting shall:
(a) give public notice of the electronic meeting in accordance with Section 
52-4-202
;
(b) except for an electronic meeting described in Subsection (5), post written notice of
the electronic meeting at the anchor location; and
(c) except as otherwise provided in a rule of the Legislature applicable to the public
body, at least 24 hours before the electronic meeting is scheduled to begin, provide each
member of the public body a description of how to electronically connect to the meeting.
(4) (a) Except as provided in Subsection (5), a public body that convenes and conducts
an electronic meeting shall provide space and facilities at an anchor location for members of
the public to attend the open portions of the meeting.
(b) A public body that convenes and conducts an electronic meeting may provide
means by which members of the public may attend the meeting remotely by electronic means.
(5) Subsection (4)(a) does not apply to an electronic meeting if:
(a) (i) the chair of the public body determines that:
(A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk
to the health or safety of those present or who would otherwise be present at the anchor
location; or
(B) the location where the public body would normally meet has been ordered closed
to the public for health or safety reasons; and
(ii) the public notice for the meeting includes:
(A) a statement describing the chair's determination under Subsection (5)(a)(i);
(B) a summary of the facts upon which the chair's determination is based; and
(C) information on how a member of the public may attend the meeting remotely by
electronic means;
(b) (i) during the course of the electronic meeting, the chair:
(A) determines that continuing to conduct the electronic meeting as provided in
Subsection (4)(a) presents a substantial risk to the health or safety of those present at the
anchor location; and
(B) announces during the electronic meeting the chair's determination under Subsection
(5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
(ii) in convening the electronic meeting, the public body has provided means by which
members of the public who are not physically present at the anchor location may attend the
electronic meeting remotely by electronic means;
(c) (i) the public body is a special district board of trustees established under Title 17B,
Chapter 1, Part 3, Board of Trustees;
(ii) the board of trustees' membership consists of:
(A) at least two members who are elected or appointed to the board as owners of land,
or as an agent or officer of the owners of land, under the criteria described in Subsection
17B-1-302
(2)(b); or
(B) at least one member who is elected or appointed to the board as an owner of land,
or as an agent or officer of the owner of land, under the criteria described in Subsection
17B-1-302
(3)(a)(ii);
(iii) the public notice required under Subsection [
52-4-202
(3)(a)(i)(B)
] 
52-4-202
(3)(a)
for the electronic meeting includes information on how a member of the public may attend the
meeting remotely by electronic means; and
(iv) the board of trustees allows members of the public attending the meeting by
remote electronic means to participate in the meeting; or
(d) (i) the public body is a special service district administrative control board
established under Title 17D, Chapter 1, Part 3, Administrative Control Board;
(ii) the administrative control board's membership consists of:
(A) at least one member who is elected or appointed to the board as an owner of land,
or as an agent or officer of the owner of land, under the criteria described in Subsection
17D-1-304
(1)(a)(iii)(A) or (B), as applicable; or
(B) members that qualify for election or appointment to the board because the owners
of real property in the special service district meet or exceed the threshold percentage described
in Subsection 
17D-1-304
(1)(b)(i);
(iii) the public notice required under Subsection [
52-4-202
(3)(a)(i)(B)
] 
52-4-202
(3)(a)
for the electronic meeting includes information on how a member of the public may attend the
meeting remotely by electronic means; and
(iv) the administrative control board allows members of the public attending the
meeting by remote electronic means to participate in the meeting.
(6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which
the chair of the public body makes the determination.
(7) Compliance with the provisions of this section by a public body constitutes full and
complete compliance by the public body with the corresponding provisions of Sections
52-4-201
 and 
52-4-202
.
(8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection
(2)(c)(v), a public body that is conducting an electronic meeting may not allow a member to
vote or otherwise act by proxy.
(9) Except for a unanimous vote, a public body that is conducting an electronic
meeting shall take all votes by roll call.
Section 19. Section 
53-2a-206
 is amended to read:
53-2a-206.
State of emergency -- Declaration -- Termination -- Commander in
chief of military forces.
(1) A state of emergency may be declared by executive order of the governor if the
governor finds a disaster has occurred or the occurrence or threat of a disaster is imminent in
any area of the state in which state government assistance is required to supplement the
response and recovery efforts of the affected political subdivision or political subdivisions.
(2) (a) Except as provided in Subsection (2)(b), a state of emergency described in
Subsection (1) expires at the earlier of:
(i) the day on which the governor finds that the threat or danger has passed or the
disaster reduced to the extent that emergency conditions no longer exist;
(ii) 30 days after the date on which the governor declared the state of emergency; or
(iii) the day on which the Legislature terminates the state of emergency by joint
resolution.
(b) (i) The Legislature may, by joint resolution, extend a state of emergency for a time
period designated in the joint resolution.
(ii) If the Legislature extends a state of emergency in accordance with this subsection,
the state of emergency expires on the date designated in the joint resolution.
(c) Except as provided in Subsection (3), if a state of emergency expires as described in
Subsection (2), the governor may not declare a new state of emergency for the same disaster or
occurrence as the expired state of emergency.
(3) (a) After a state of emergency expires in accordance with Subsection (2), and
subject to Subsection (4), the governor may declare a new state of emergency in response to the
same disaster or occurrence as the expired state of emergency, if the governor finds that exigent
circumstances exist.
(b) A state of emergency declared in accordance with Subsection (3)(a) expires in
accordance with Subsections (2)(a) and (b).
(c) After a state of emergency declared in accordance with Subsection (3)(a) expires,
the governor may not declare a new state of emergency in response to the same disaster or
occurrence as the expired state of emergency, regardless of whether exigent circumstances
exist.
(4) (a) (i) If the Legislature finds that emergency conditions warrant the extension of a
state of emergency beyond 30 days as described in Subsection (2)(b), the Legislature may
extend the state of emergency and specify which emergency powers described in this part are
necessary to respond to the emergency conditions present at the time of the extension of the
state of emergency.
(ii) Circumstances that may warrant the extension of a state of emergency with limited
emergency powers include:
(A) the imminent threat of the emergency has passed, but continued fiscal response
remains necessary; or
(B) emergency conditions warrant certain executive actions, but certain emergency
powers such as suspension of enforcement of statute are not necessary.
(b) For any state of emergency extended by the Legislature beyond 30 days as
described in Subsection (2)(b), the Legislature may, by joint resolution:
(i) extend the state of emergency and maintain all of the emergency powers described
in this part; or
(ii) limit or restrict certain emergency powers of:
(A) the division as described in Section 
53-2a-104
;
(B) the governor as described in Section 
53-2a-204
;
(C) a chief executive officer of a political subdivision as described in Section
53-2a-205
; or
(D) other executive emergency powers described in this chapter.
(c) If the Legislature limits emergency powers as described in Subsection (4)(b), the
Legislature shall:
(i) include in the joint resolution findings describing the nature and current conditions
of the emergency that warrant the continuation or limitation of certain emergency powers; and
(ii) clearly enumerate and describe in the joint resolution which powers:
(A) are being limited or restricted; or
(B) shall remain in force.
(5) If the Legislature terminates a state of emergency by joint resolution, the governor
shall issue an executive order ending the state of emergency on receipt of the Legislature's
resolution.
(6) An executive order described in this section to declare a state of emergency shall
state:
(a) the nature of the state of emergency;
(b) the area or areas threatened; and
(c) the conditions creating such an emergency or those conditions allowing termination
of the state of emergency.
(7) During the continuance of any state of emergency the governor is commander in
chief of the military forces of the state in accordance with Utah Constitution Article VII,
Section 4, and [
Title 39, Chapter 1, State Militia
] 
Title 39A, National Guard and Militia Act
.
Section 20. Section 
53G-5-405
 is amended to read:
53G-5-405.
Application of statutes and rules to charter schools.
(1) A charter school shall operate in accordance with its charter agreement and is
subject to this public education code and other state laws applicable to public schools, except
as otherwise provided in this chapter and other related provisions.
(2) (a) Except as provided in Subsections (2)(b) and (2)(c), state board rules governing
the following do not apply to a charter school:
(i) school libraries;
(ii) required school administrative and supervisory services; and
(iii) required expenditures for instructional supplies.
(b) A charter school shall comply with rules implementing statutes that prescribe how
state appropriations may be spent.
(c) If a charter school provides access to a school library, the charter school governing
board shall provide an online platform:
(i) through which a parent is able to view the title, author, and a description of any
material the parent's child borrows from the school library, including a history of borrowed
materials, either using an existing online platform that the charter school uses or through a
separate platform; and
(ii) (A) for a charter school with 1,000 or more enrolled students, no later than August
1, 2024; and
(B) for a charter school with fewer than 1,000 enrolled students, no later than August 1,
2026.
(3) The following provisions of this public education code, and rules adopted under
those provisions, do not apply to a charter school:
(a) Section 
53E-4-408
, requiring an independent evaluation of instructional materials;
(b) Section 
53G-4-409
, requiring the use of activity disclosure statements;
(c) Sections 
53G-7-304
 and 
53G-7-306
, pertaining to fiscal procedures of school
districts and local school boards;
[
(d) Section 
53G-7-606
, requiring notification of intent to dispose of textbooks;
]
[
(e)
] 
(d)
 Section 
53G-7-1202
, requiring the establishment of a school community
council; and
[
(f)
] 
(e)
 Section 
53G-10-404
, requiring annual presentations on adoption.
(4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
school is considered an educational procurement unit as defined in Section 
63G-6a-103
.
(5) Each charter school shall be subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(6) 
(a)
 A charter school is exempt from Section 
51-2a-201.5
, requiring accounting
reports of certain nonprofit corporations.
(b)
 A charter school is subject to the requirements of Section 
53G-5-404
.
(7) (a) The State Charter School Board shall, in concert with the charter schools, study
existing state law and administrative rules for the purpose of determining from which laws and
rules charter schools should be exempt.
(b) (i) The State Charter School Board shall present recommendations for exemption to
the state board for consideration.
(ii) The state board shall consider the recommendations of the State Charter School
Board and respond within 60 days.
Section 21. Section 
53G-6-603
 is amended to read:
53G-6-603.
Requirement of birth certificate for enrollment of students --
Procedures.
(1) As used in this section:
(a) "Child trafficking" means human trafficking of a child in violation of Section
76-5-308.5
.
(b) "Enroller" means an individual who enrolls a student in a public school.
(c) "Review team" means a team described in Subsection (4), assigned to determine a
student's biological age as described in this section.
(d) "Social service provider" means the same as that term is defined in Section
53E-3-524
.
(2) Except as provided in Subsection (3), upon enrollment of a student for the first time
in a particular school, that school shall notify the enroller in writing that within 30 days the
enroller shall provide to the school either:
(a) a certified copy of the student's birth certificate; or
(b) (i) other reliable proof of the student's:
(A) identity;
(B) biological age; and
(C) relationship to the student's legally responsible individual; and
(ii) an affidavit explaining the enroller's inability to produce a copy of the student's
birth certificate.
(3) (a) If the documentation described in Subsection (2)(a) or (2)(b)(i) inaccurately
reflects the student's biological age, the enroller shall provide to the school:
(i) an affidavit explaining the reasons for the inaccuracy described in Subsection (3)(a);
and
(ii) except as provided in Subsection (4), supporting documentation that establishes the
student's biological age.
(b) The supporting documentation described in Subsection (3)(a)(ii) may include:
(i) a religious, hospital, or physician certificate showing the student's date of birth;
(ii) an entry in a family religious text;
(iii) an adoption record;
(iv) previously verified school records;
(v) previously verified immunization records;
(vi) documentation from a social service provider; or
(vii) other legal documentation, including from a consulate, that reflects the student's
biological age.
(4) (a) If the supporting documentation described in Subsection (3)(b) is not available,
the school shall assign a review team to work with the enroller to determine the student's
biological age for an LEA to use for a student's enrollment and appropriate placement in a
public school.
(b) The review team described in Subsection (4)(a):
(i) may include:
(A) an appropriate district administrator;
(B) the student's teacher or teachers;
(C) the school principal;
(D) a school counselor;
(E) a school social worker;
(F) a school psychologist;
(G) a culturally competent and trauma-informed community representative;
(H) a school nurse or other school health specialist;
(I) an interpreter, if necessary; or
(J) a relevant educational equity administrator; and
(ii) shall include at least three members, at least one of which has completed the
instruction described in Subsection 
53G-9-207
(3)(a), no more than two years prior to the
member's appointment to the review team.
(c) In addition to any duty to comply with the mandatory reporting requirements
described in [
Sections
] 
Section
53E-6-701
 [
and 
62A-4a-403
], a school shall report to local law
enforcement and to the division any sign of child trafficking that the review team identifies in
carrying out the review team's duties described in Subsection (4)(a).
Section 22. Section 
58-37-7
 is amended to read:
58-37-7.
Labeling and packaging controlled substance -- Informational pamphlet
for opiates -- Naloxone education and offer to dispense.
(1) A person licensed pursuant to this act may not distribute a controlled substance
unless it is packaged and labeled in compliance with the requirements of Section 305 of the
Federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
(2) No person except a pharmacist for the purpose of filling a prescription shall alter,
deface, or remove any label affixed by the manufacturer.
(3) Whenever a pharmacy sells or dispenses any controlled substance on a prescription
issued by a practitioner, the pharmacy shall affix to the container in which the substance is sold
or dispensed:
(a) a label showing the:
(i) pharmacy name and address;
(ii) serial number; and
(iii) date of initial filling;
(b) the prescription number, the name of the patient, or if the patient is an animal, the
name of the owner of the animal and the species of the animal;
(c) the name of the practitioner by whom the prescription was written;
(d) any directions stated on the prescription; and
(e) any directions required by rules and regulations promulgated by the department.
(4) Whenever a pharmacy sells or dispenses a Schedule II or Schedule III controlled
substance that is an opiate, the pharmacy shall:
(a) affix a warning to the container or the lid for the container in which the substance is
sold or dispensed that contains the following text:
(i) "Caution: Opioid. Risk of overdose and addiction"; or
(ii) any other language that is approved by the Department of Health and Human
Services;
(b) beginning January 1, 2024:
(i) offer to counsel the patient or the patient's representative on the use and availability
of an [
opioid
] 
opiate
 antagonist as defined in Section 
26B-4-501
; and
(ii) offer to dispense an [
opioid
] 
opiate
 antagonist as defined in Section 
26B-4-501
 to
the patient or the patient's representative, under a prescription from a practitioner or under
Section 
26B-4-510
, if the patient:
(A) receives a single prescription for 50 morphine milligram equivalents or more per
day, calculated in accordance with guidelines developed by the United States Centers for
Disease Control and Prevention;
(B) is being dispensed an opioid and the pharmacy dispensed a benzodiazepine to the
patient in the previous 30 day period; or
(C) is being dispensed a benzodiazepine and the pharmacy dispensed an opioid to the
patient in the previous 30 day period.
(5) (a) A pharmacy who sells or dispenses a Schedule II or Schedule III controlled
substance that is an opiate shall, if available from the Department of Health and Human
Services, prominently display at the point of sale the informational pamphlet developed by the
Department of Health and Human Services under Section 
26B-4-514
.
(b) The board and the Department of Health and Human Services shall encourage
pharmacies to use the informational pamphlet to engage in patient counseling regarding the
risks associated with taking opiates.
(c) The requirement in Subsection (5)(a) does not apply to a pharmacy if the pharmacy
is unable to obtain the informational pamphlet from the Department of Health and Human
Services for any reason.
(6) A person may not alter the face or remove any label so long as any of the original
contents remain.
(7) (a) An individual to whom or for whose use any controlled substance has been
prescribed, sold, or dispensed by a practitioner and the owner of any animal for which any
controlled substance has been prescribed, sold, or dispensed by a veterinarian may lawfully
possess it only in the container in which it was delivered to the individual by the person selling
or dispensing it.
(b) It is a defense to a prosecution under this subsection that the person being
prosecuted produces in court a valid prescription for the controlled substance or the original
container with the label attached.
Section 23. Section 
58-37-19
 is amended to read:
58-37-19.
Opiate prescription consultation -- Prescription for opiate antagonist
required.
(1) As used in this section:
(a) "Initial opiate prescription" means a prescription for an opiate to a patient who:
(i) has never previously been issued a prescription for an opiate; or
(ii) was previously issued a prescription for an opiate, but the date on which the current
prescription is being issued is more than one year after the date on which an opiate was
previously prescribed or administered to the patient.
(b) "[
Opioid
] 
Opiate
 antagonist" means the same as that term is defined in Section
26B-4-501
.
(c) "Prescriber" means an individual authorized to prescribe a controlled substance
under this chapter.
(2) Except as provided in Subsection (3), a prescriber may not issue an initial opiate
prescription without discussing with the patient, or the patient's parent or guardian if the patient
is under 18 years old and is not an emancipated minor:
(a) the risks of addiction and overdose associated with opiate drugs;
(b) the dangers of taking opiates with alcohol, benzodiazepines, and other central
nervous system depressants;
(c) the reasons why the prescription is necessary;
(d) alternative treatments that may be available; and
(e) other risks associated with the use of the drugs being prescribed.
(3) Subsection (2) does not apply to a prescription for:
(a) a patient who is currently in active treatment for cancer;
(b) a patient who is receiving hospice care from a licensed hospice as defined in
Section 
26B-2-201
; or
(c) a medication that is being prescribed to a patient for the treatment of the patient's
substance abuse or opiate dependence.
(4) (a) Beginning January 1, 2024, a prescriber shall offer to prescribe or dispense an
[
opioid
] 
opiate
 antagonist to a patient if the patient receives an initial opiate prescription for:
(i) 50 morphine milligram equivalents or more per day, calculated in accordance with
guidelines developed by the United States Centers for Disease Control and Prevention; or
(ii) any opiate if the practitioner is also prescribing a benzodiazepine to the patient.
(b) Subsection (4)(a) does not apply if the initial opiate prescription:
(i) is administered directly to an ultimate user by a licensed practitioner; or
(ii) is for a three-day supply or less.
(c) This Subsection (4) does not require a patient to purchase or obtain an [
opioid
]
opiate
 antagonist as a condition of receiving the patient's initial opiate prescription.
Section 24. Section 
58-67-305
 is amended to read:
58-67-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following
individuals may engage in the described acts or practices without being licensed under this
chapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration of
value for the service is charged, received, expected, or contemplated;
(2) an individual administering a domestic or family remedy;
(3) (a) (i) a person engaged in the sale of vitamins, health foods, dietary supplements,
herbs, or other products of nature, the sale of which is not otherwise prohibited by state or
federal law; and
(ii) a person acting in good faith for religious reasons, as a matter of conscience, or
based on a personal belief, when obtaining or providing any information regarding health care
and the use of any product under Subsection (3)(a)(i); and
(b) Subsection (3)(a) does not:
(i) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
pain, or other condition; or
(ii) prohibit providing truthful and non-misleading information regarding any of the
products under Subsection (3)(a)(i);
(4) a person engaged in good faith in the practice of the religious tenets of any church
or religious belief, without the use of prescription drugs;
(5) an individual authorized by the Department of Health 
and Human Services
 under
Section [
26-1-30
] 
26B-1-202
, to draw blood pursuant to Subsection 
41-6a-523
(1)(a)(vi),
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or 
77-23-213
(3)(a)(vi);
(6) a medical assistant:
(a) administering a vaccine under the general supervision of a physician; or
(b) under the indirect supervision of a physician, engaging in tasks appropriately
delegated by the physician in accordance with the standards and ethics of the practice of
medicine, except for:
(i) performing surgical procedures;
(ii) prescribing prescription medications;
(iii) administering anesthesia other than for a local anesthetic for minor procedural use;
or
(iv) engaging in other medical practices or procedures as defined by division rule in
collaboration with the board;
(7) an individual engaging in the practice of medicine when:
(a) the individual is licensed in good standing as a physician in another state with no
licensing action pending and no less than 10 years of professional experience;
(b) the services are rendered as a public service and for a noncommercial purpose;
(c) no fee or other consideration of value is charged, received, expected, or
contemplated for the services rendered beyond an amount necessary to cover the proportionate
cost of malpractice insurance; and
(d) the individual does not otherwise engage in unlawful or unprofessional conduct;
(8) an individual providing expert testimony in a legal proceeding; and
(9) an individual who is invited by a school, association, society, or other body
approved by the division to conduct a clinic or demonstration of the practice of medicine in
which patients are treated, if:
(a) the individual does not establish a place of business in this state;
(b) the individual does not regularly engage in the practice of medicine in this state;
(c) the individual holds a current license in good standing to practice medicine issued
by another state, district or territory of the United States, or Canada;
(d) the primary purpose of the event is the training of others in the practice of
medicine; and
(e) neither the patient nor an insurer is billed for the services performed.
Section 25. Section 
58-68-305
 is amended to read:
58-68-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following
individuals may engage in the described acts or practices without being licensed under this
chapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration of
value for the service is charged, received, expected, or contemplated;
(2) an individual administering a domestic or family remedy;
(3) (a) (i) a person engaged in the lawful sale of vitamins, health foods, dietary
supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited
by state or federal law; and
(ii) a person acting in good faith for religious reasons, as a matter of conscience, or
based on a personal belief, when obtaining or providing any information regarding health care
and the use of any product under Subsection (3)(a)(i); and
(b) Subsection (3)(a) does not:
(i) permit a person to diagnose any human disease, ailment, injury, infirmity,
deformity, pain, or other condition; or
(ii) prohibit providing truthful and non-misleading information regarding any of the
products under Subsection (3)(a)(i);
(4) a person engaged in good faith in the practice of the religious tenets of any church
or religious belief without the use of prescription drugs;
(5) an individual authorized by the Department of Health 
and Human Services
 under
Section [
26-1-30
] 
26B-1-202
, to draw blood pursuant to Subsection 
41-6a-523
(1)(a)(vi),
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or 
77-23-213
(3)(a)(vi);
(6) a medical assistant:
(a) administering a vaccine under the general supervision of a physician; or
(b) under the indirect supervision of a physician, engaging in tasks appropriately
delegated by the physician in accordance with the standards and ethics of the practice of
medicine, except for:
(i) performing surgical procedures;
(ii) prescribing prescription medications;
(iii) administering anesthesia other than a local anesthetic for minor procedural use; or
(iv) engaging in other medical practices or procedures as defined by division rule in
collaboration with the board;
(7) an individual engaging in the practice of osteopathic medicine when:
(a) the individual is licensed in good standing as an osteopathic physician in another
state with no licensing action pending and no less than 10 years of professional experience;
(b) the services are rendered as a public service and for a noncommercial purpose;
(c) no fee or other consideration of value is charged, received, expected, or
contemplated for the services rendered beyond an amount necessary to cover the proportionate
cost of malpractice insurance; and
(d) the individual does not otherwise engage in unlawful or unprofessional conduct;
(8) an individual providing expert testimony in a legal proceeding; and
(9) an individual who is invited by a school, association, society, or other body
approved by the division in collaboration with the board to conduct a clinic or demonstration of
the practice of medicine in which patients are treated, if:
(a) the individual does not establish a place of business in this state;
(b) the individual does not regularly engage in the practice of medicine in this state;
(c) the individual holds a current license in good standing to practice medicine issued
by another state, district or territory of the United States, or Canada;
(d) the primary purpose of the event is the training of others in the practice of
medicine; and
(e) neither the patient nor an insurer is billed for the services performed.
Section 26. Section 
58-71-305
 is amended to read:
58-71-305.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following
individuals may engage in the described acts or practices without being licensed under this
chapter:
(1) an individual rendering aid in an emergency, when no fee or other consideration of
value for the service is charged, received, expected, or contemplated;
(2) an individual administering a domestic or family remedy;
(3) a person engaged in the sale of vitamins, health foods, dietary supplements, herbs,
or other products of nature, the sale of which is not otherwise prohibited under state or federal
law, but this subsection does not:
(a) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
pain, or other condition; or
(b) prohibit providing truthful and nonmisleading information regarding any of the
products under this subsection;
(4) a person engaged in good faith in the practice of the religious tenets of any church
or religious belief, without the use of prescription drugs;
(5) a person acting in good faith for religious reasons as a matter of conscience or
based on a personal belief when obtaining or providing information regarding health care and
the use of any product under Subsection (3);
(6) an individual authorized by the Department of Health 
and Human Services
 under
Section [
26-1-30
] 
26B-1-202
, to draw blood pursuant to Subsection 
41-6a-523
(1)(a)(vi),
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or 
77-23-213
(3)(a)(vi);
(7) a naturopathic medical assistant while working under the direct and immediate
supervision of a licensed naturopathic physician to the extent the medical assistant is engaged
in tasks appropriately delegated by the supervisor in accordance with the standards and ethics
of the practice of naturopathic medicine; and
(8) an individual who has completed all requirements for licensure under this chapter
except the clinical experience required under Section 
58-71-302
, for a period of one year while
that individual is completing that clinical experience requirement and who is working under the
provisions of a temporary license issued by the division.
Section 27. Section 
63A-17-808
 is amended to read:
63A-17-808.
On-site child care for state employees.
(1) As used in this section:
(a) "Child care" means the same as that term is defined in Section 
35A-3-201
.
(b) "Licensed child care provider" means a person who holds a license from the
Department of Health and Human Services to provide center based child care in accordance
with [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title 26B, Chapter 2, Part 4, Child
Care Licensing
.
(c) "On-site child care center" means a child care center established in a facility that is
owned or operated by an agency.
(2) An agency may enter into a contract with a licensed child care provider to operate
an on-site child care center for the benefit of the agency's employees.
(3) A licensed child care provider that operates an on-site child care center for an
agency shall maintain professional liability insurance.
(4) (a) An agency may charge a licensed child care provider a reasonable fee for
operating an on-site child care center so that the agency incurs no expense.
(b) The fee in Subsection (4)(a) shall include costs for utility, building maintenance,
and administrative services supplied by the agency that are related to the operation of the
on-site child care center.
(5) An agency may consult with the Office of Child Care within the Department of
Workforce Services, the Department of Health and Human Services, and the Division of
Facilities Construction and Management for assistance in establishing an on-site child care
center.
(6) The state is not liable for any civil damages for acts or omissions resulting from the
operation of an on-site child care center.
Section 28. Section 
63G-2-107
 is amended to read:
63G-2-107.
Disclosure of records subject to federal law or other provisions of
state law.
(1) (a) The disclosure of a record to which access is governed or limited pursuant to
court rule, another state statute, federal statute, or federal regulation, including a record for
which access is governed or limited as a condition of participation in a state or federal program
or for receiving state or federal funds, is governed by the specific provisions of that statute,
rule, or regulation.
(b) Except as provided in [
Subsection (2)
] 
Subsections (2) and (3)
, this chapter applies
to records described in Subsection (1)(a) to the extent that this chapter is not inconsistent with
the statute, rule, or regulation.
(2) Except as provided in Subsection [
(3)
] 
(4)
, this chapter does not apply to a record
containing protected health information as defined in 45 C.F.R., Part 164, Standards for
Privacy of Individually Identifiable Health Information, if the record is:
(a) controlled or maintained by a governmental entity; and
(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
Identifiable Health Information.
[
(c)
] 
(3)
 The disclosure of an education record as defined in the Family Educational
Rights and Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental
entity shall be governed by the Family Educational Rights and Privacy Act, 34 C.F.R.
Part 99.
[
(3)
] 
(4)
 This section does not exempt any record or record series from the provisions
of Subsection 
63G-2-601
(1).
Section 29. Section 
63I-1-219
 is amended to read:
63I-1-219.
Repeal dates: Title 19.
(1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
(2) Section 
19-2a-102
 is repealed July 1, 2026.
[
(3) Section 
19-2a-104
 is repealed July 1, 2022.
]
[
(4)
] 
(3)
 (a) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2024.
(b) Notwithstanding Subsection [
(4)(a)
] 
(3)(a)
, Section 
19-4-115
, Drinking water
quality in schools and child care centers, is repealed July 1, 2027.
[
(5)
] 
(4)
 Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.
[
(6)
] 
(5)
 Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
2029.
[
(7)
] 
(6)
 Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed
July 1, 2030.
[
(8)
] 
(7)
 Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1,
2028.
[
(9)
] 
(8)
 Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1,
2026.
[
(10)
] 
(9)
 Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1,
2029.
[
(11)
] 
(10)
 Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1,
2030.
[
(12)
] 
(11)
 Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July
1, 2027.
Section 30. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates: Titles 63A through 63N.
(1) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
[
(2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
]
[
(3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
]
[
(4)
] 
(2)
 Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed
July 1, 2028.
[
(5)
] 
(3)
 Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
[
(6)
] 
(4)
 Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed
July 1, 2024.
[
(7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
]
[
(8)
] 
(5)
 Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is
repealed December 31, 2026.
[
(9)
] 
(6)
 Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
[
(10)
] 
(7)
 Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
[
(11)
] 
(8)
 Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
[
(12)
] 
(9)
 Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed
December 31, 2024.
[
(13)
] 
(10)
 Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is
repealed on July 1, 2028.
[
(14)
] 
(11)
 Section 
63G-6a-805
, which creates the Purchasing from Persons with
Disabilities Advisory Board, is repealed July 1, 2026.
[
(15)
] 
(12)
 Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
July 1, 2028.
[
(16)
] 
(13)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2024.
[
(17)
] 
(14)
 Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
2026.
[
(18)
] 
(15)
 Subsection 
63J-1-602.2
(25), related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
[
(19)
] 
(16)
 Section 
63L-11-204
, creating a canyon resource management plan to Provo
Canyon, is repealed July 1, 2025.
[
(20)
] 
(17)
 Title 63L, Chapter 11, Part 4, Resource Development Coordinating
Committee, is repealed July 1, 2027.
[
(21)
] 
(18)
 In relation to the Utah Substance Use and Mental Health Advisory Council,
on January 1, 2033:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1)(a) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
[
(22)
] 
(19)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(23)
] 
(20)
 Title 63M, Chapter 7, Part 8, Sex Offense Management Board, is repealed
July1, 2026.
[
(24)
] 
(21)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2026.
[
(25)
] 
(22)
 Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
repealed January 1, 2025.
[
(26)
] 
(23)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(27)
] 
(24)
 Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed
July 1, 2028.
[
(28)
] 
(25)
 Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
repealed July 1, 2027.
[
(29)
] 
(26)
 Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
Program, is repealed July 1, 2025.
[
(30)
] 
(27)
 In relation to the Rural Employment Expansion Program, on July 1, 2028:
(a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
and
(b) Subsection 
63N-4-805
(5)(b), referring to the Rural Employment Expansion
Program, is repealed.
[
(31)
] 
(28)
 In relation to the Board of Tourism Development, on July 1, 2025:
(a) Subsection 
63N-2-511
(1)(b), which defines "tourism board," is repealed;
(b) Subsections 
63N-2-511
(3)(a) and (5), the language that states "tourism board" is
repealed and replaced with "Utah Office of Tourism";
(c) Subsection 
63N-7-101
(1), which defines "board," is repealed;
(d) Subsection 
63N-7-102
(3)(c), which requires the Utah Office of Tourism to receive
approval from the Board of Tourism Development, is repealed; and
(e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
[
(32)
] 
(29)
 Subsection 
63N-8-103
(3)(c), which allows the Governor's Office of
Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
is repealed on July 1, 2024.
Section 31. Section 
63I-2-272
 is amended to read:
63I-2-272.
Repeal dates: Title 72.
(1) Subsections 
72-1-213.1
(13)(a) and (b), related to the road usage charge rate and
road usage charge cap, are repealed January 1, 2033.
[
(2) Section 72-1-216.1 is repealed January 1, 2023.
]
[
(3)
] 
(2)
 Section 
72-2-127
 is repealed on July 1, 2024.
[
(4)
] 
(3)
 Section 
72-2-130
 is repealed on July 1, 2024.
[
(5) Section 
72-4-105.1
 is repealed on January 1, 2024.
]
Section 32. Section 
71A-8-103 (Superseded 07/01/24)
 is amended to read:
71A-8-103 (Superseded 07/01/24).
Employees in military service -- Extension of
licenses for members of National Guard and reservists ordered to active duty.
(1) As used in this section, "license" means
:
 [
any license issued under:
]
(a) 
any license issued under
 Title 58, Occupations and Professions; and
(b) [
Section 
26B-4-116
] 
a license for emergency medical personnel
.
(2) Any license held by a member of the National Guard or reserve component of the
armed forces that expires while the member is on state or federal active duty shall be extended
until 90 days after the member is discharged from active duty status.
(3) The licensing agency shall renew a license extended under Subsection (2) until the
next date that the license expires or for the period that the license is normally issued, at no cost
to the member of the National Guard or reserve component of the armed forces if all of the
following conditions are met:
(a) the National Guard member or reservist requests renewal of the license within 90
days after being discharged;
(b) the National Guard member or reservist provides the licensing agency with a copy
of the member's or reservist's official orders calling the member or reservist to active duty, and
official orders discharging the member or reservist from active duty; and
(c) the National Guard member or reservist meets all the requirements necessary for the
renewal of the license, except the member or reservist need not meet the requirements, if any,
that relate to continuing education or training.
(4) The provisions of this section do not apply to:
(a) regularly scheduled annual training;
(b) in-state active National Guard and reserve orders; or
(c) orders that do not require the service member to relocate outside of this state.
Section 33. Section 
73-2-1
 is amended to read:
73-2-1.
State engineer -- Term -- Powers and duties -- Qualification for duties.
(1) There shall be a state engineer.
(2) The state engineer shall:
(a) be appointed by the governor with the advice and consent of the Senate;
(b) hold office for the term of four years and until a successor is appointed; and
(c) have five years experience as a practical engineer or the theoretical knowledge,
practical experience, and skill necessary for the position.
(3) (a) The state engineer shall be responsible for the general administrative
supervision of the waters of the state and the measurement, appropriation, apportionment, and
distribution of those waters.
(b) The state engineer may secure the equitable apportionment and distribution of the
water according to the respective rights of appropriators.
(4) The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
regarding:
(a) reports of water right conveyances;
(b) the construction of water wells and the licensing of water well drillers;
(c) dam construction and safety;
(d) the alteration of natural streams;
(e) geothermal resource conservation;
(f) enforcement orders and the imposition of fines and penalties;
(g) the duty of water; and
(h) standards for written plans of a public water supplier that may be presented as
evidence of reasonable future water requirements under Subsection 
73-1-4
(2)(f).
(5) The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
governing:
(a) water distribution systems and water commissioners;
(b) water measurement and reporting;
(c) groundwater recharge and recovery;
(d) wastewater reuse;
(e) the form, content, and processing procedure for a claim under Section 
73-5-13
 to
surface or underground water that is not represented by a certificate of appropriation;
(f) the form and content of a proof submitted to the state engineer under Section
73-3-16
;
(g) the determination of water rights; 
or
[
(h) preferences of water rights under Section 
73-3-21.5
; or
]
[
(i)
] 
(h)
 the form and content of applications and related documents, maps, and reports.
(6) The state engineer may bring suit in courts of competent jurisdiction to:
(a) enjoin the unlawful appropriation, diversion, and use of surface and underground
water without first seeking redress through the administrative process;
(b) prevent theft, waste, loss, or pollution of surface and underground waters;
(c) enable the state engineer to carry out the duties of the state engineer's office; and
(d) enforce administrative orders and collect fines and penalties.
(7) The state engineer may:
(a) upon request from the board of trustees of an irrigation district under Title 17B,
Chapter 2a, Part 5, Irrigation District Act, or another special district under Title 17B, Limited
Purpose Local Government Entities - Special Districts, or a special service district under Title
17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a
water survey to be made of the lands proposed to be annexed to the district in order to
determine and allot the maximum amount of water that could be beneficially used on the land,
with a separate survey and allotment being made for each 40-acre or smaller tract in separate
ownership; and
(b) upon completion of the survey and allotment under Subsection (7)(a), file with the
district board a return of the survey and report of the allotment.
(8) (a) The state engineer may establish water distribution systems and define the water
distribution systems' boundaries.
(b) The water distribution systems shall be formed in a manner that:
(i) secures the best protection to the water claimants; and
(ii) is the most economical for the state to supervise.
(9) The state engineer may conduct studies of current and novel uses of water in the
state.
(10) Notwithstanding Subsection (4)(b), the state engineer may not on the basis of the
depth of a water production well exempt the water production well from regulation under this
title or rules made under this title related to the:
(a) drilling, constructing, deepening, repairing, renovating, cleaning, developing,
testing, disinfecting, or abandonment of a water production well; or
(b) installation or repair of a pump for a water production well.
Section 34. Section 
76-3-203.3
 is amended to read:
76-3-203.3.
Penalty for hate crimes -- Civil rights violation.
As used in this section:
(1) "Primary offense" means those offenses provided in Subsection (4).
(2) (a) A person who commits any primary offense with the intent to intimidate or
terrorize another person or with reason to believe that his action would intimidate or terrorize
that person is subject to Subsection (2)(b).
(b) (i) A class C misdemeanor primary offense is a class B misdemeanor; and
(ii) a class B misdemeanor primary offense is a class A misdemeanor.
(3) "Intimidate or terrorize" means an act which causes the person to fear for his
physical safety or damages the property of that person or another. The act must be
accompanied with the intent to cause or has the effect of causing a person to reasonably fear to
freely exercise or enjoy any right secured by the Constitution or laws of the state or by the
Constitution or laws of the United States.
(4) Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:
(a) assault and related offenses under Sections 
76-5-102
, 
76-5-102.4
, 
76-5-106
,
76-5-107
, and 
76-5-108
;
(b) any misdemeanor property destruction offense under Sections 
76-6-102
 and
76-6-104
, and Subsection 
76-6-106
(2)(a);
(c) any criminal trespass offense under Sections 
76-6-204
 and 
76-6-206
;
(d) any misdemeanor theft offense under [
Section
] [
76-6-412
] 
Chapter 6, Offenses
Against Property
;
(e) any offense of obstructing government operations under Sections 
76-8-301
,
76-8-302
, 
76-8-305
, 
76-8-306
, 
76-8-307
, 
76-8-308
, and 
76-8-313
;
(f) any offense of interfering or intending to interfere with activities of colleges and
universities under Title 76, Chapter 8, Part 7, Colleges and Universities;
(g) any misdemeanor offense against public order and decency as defined in Title 76,
Chapter 9, Part 1, Breaches of the Peace and Related Offenses;
(h) any telephone abuse offense under Title 76, Chapter 9, Part 2, Electronic
Communication and Telephone Abuse;
(i) any cruelty to animals offense under Section 
76-9-301
;
(j) any weapons offense under Section 
76-10-506
; or
(k) a violation of Section 
76-9-102
, if the violation occurs at an official meeting.
(5) This section does not affect or limit any individual's constitutional right to the
lawful expression of free speech or other recognized rights secured by the Constitution or laws
of the state or by the Constitution or laws of the United States.
Section 35. Section 
76-3-402
 is amended to read:
76-3-402.
Conviction of lower degree of offense -- Procedure and limitations.
(1) As used in this section:
(a) "Lower degree of offense" includes an offense for which:
(i) a statutory enhancement is charged in the information or indictment that would
increase either the maximum or the minimum sentence; and
(ii) the court removes the statutory enhancement in accordance with this section.
(b) "Minor regulatory offense" means the same as that term is defined in Section
77-40a-101
.
(c) (i) "Rehabilitation program" means a program designed to reduce criminogenic and
recidivism risks.
(ii) "Rehabilitation program" includes:
(A) a domestic violence treatment program, as that term is defined in Section
[
62A-2-101
] 
26B-2-101
;
(B) a residential, vocational, and life skills program, as that term is defined in Section
13-53-102
;
(C) a substance abuse treatment program, as that term is defined in Section
[
62A-2-101
] 
26B-2-101
;
(D) a substance use disorder treatment program, as that term is defined in Section
[
62A-2-101
] 
26B-2-101
;
(E) a youth program, as that term is defined in Section [
62A-2-101
] 
26B-2-101
;
(F) a program that meets the standards established by the Department of Corrections
under Section 
64-13-25
;
(G) a drug court, a veterans court, or a mental health court certified by the Judicial
Council; or
(H) a program that is substantially similar to a program described in Subsections
(1)(c)(ii)(A) through (G).
(d) "Serious offense" means a felony or misdemeanor offense that is not a minor
regulatory offense or a traffic offense.
(e) "Traffic offense" means the same as that term is defined in Section 
77-40a-101
.
(f) (i) Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as
that term is defined in Section 
76-3-203.5
.
(ii) "Violent felony" does not include an offense, or any attempt, solicitation, or
conspiracy to commit an offense, for:
(A) the possession, use, or removal of explosive, chemical, or incendiary devices under
Subsection 
76-10-306
(3), (5), or (6); or
(B) the purchase or possession of a dangerous weapon or handgun by a restricted
person under Section 
76-10-503
.
(2) The court may enter a judgment of conviction for a lower degree of offense than
established by statute and impose a sentence at the time of sentencing for the lower degree of
offense if the court:
(a) takes into account:
(i) the nature and circumstances of the offense of which the defendant was found
guilty; and
(ii) the history and character of the defendant;
(b) gives any victim present at the sentencing and the prosecuting attorney an
opportunity to be heard; and
(c) concludes that the degree of offense established by statute would be unduly harsh to
record as a conviction on the record for the defendant.
(3) Upon a motion from the prosecuting attorney or the defendant, the court may enter
a judgment of conviction for a lower degree of offense than established by statute:
(a) after the defendant is successfully discharged from probation or parole for the
conviction; and
(b) if the court finds that entering a judgment of conviction for a lower degree of
offense is in the interest of justice in accordance with Subsection (7).
(4) Upon a motion from the prosecuting attorney or the defendant, the court may enter
a judgment of conviction for a lower degree of offense than established by statute if:
(a) the defendant's probation or parole for the conviction did not result in a successful
discharge but the defendant is successfully discharged from probation or parole for a
subsequent conviction of an offense;
(b) (i) at least five years have passed after the day on which the defendant is sentenced
for the subsequent conviction; or
(ii) at least three years have passed after the day on which the defendant is sentenced
for the subsequent conviction and the prosecuting attorney consents to the reduction;
(c) the defendant is not convicted of a serious offense during the time period described
in Subsection (4)(b);
(d) there are no criminal proceedings pending against the defendant;
(e) the defendant is not on probation, on parole, or currently incarcerated for any other
offense;
(f) if the offense for which the reduction is sought is a violent felony, the prosecuting
attorney consents to the reduction; and
(g) the court finds that entering a judgment of conviction for a lower degree of offense
is in the interest of justice in accordance with Subsection (7).
(5) Upon a motion from the prosecuting attorney or the defendant, the court may enter
a judgment of conviction for a lower degree of offense than established by statute if:
(a) the defendant's probation or parole for the conviction did not result in a successful
discharge but the defendant is successfully discharged from a rehabilitation program;
(b) at least three years have passed after the day on which the defendant is successfully
discharged from the rehabilitation program;
(c) the defendant is not convicted of a serious offense during the time period described
in Subsection (5)(b);
(d) there are no criminal proceedings pending against the defendant;
(e) the defendant is not on probation, on parole, or currently incarcerated for any other
offense;
(f) if the offense for which the reduction is sought is a violent felony, the prosecuting
attorney consents to the reduction; and
(g) the court finds that entering a judgment of conviction for a lower degree of offense
is in the interest of justice in accordance with Subsection (7).
(6) Upon a motion from the prosecuting attorney or the defendant, the court may enter
a judgment of conviction for a lower degree of offense than established by statute if:
(a) at least five years have passed after the day on which the defendant's probation or
parole for the conviction did not result in a successful discharge;
(b) the defendant is not convicted of a serious offense during the time period described
in Subsection (6)(a);
(c) there are no criminal proceedings pending against the defendant;
(d) the defendant is not on probation, on parole, or currently incarcerated for any other
offense;
(e) if the offense for which the reduction is sought is a violent felony, the prosecuting
attorney consents to the reduction; and
(f) the court finds that entering a judgment of conviction for a lower degree of offense
is in the interest of justice in accordance with Subsection (7).
(7) In determining whether entering a judgment of a conviction for a lower degree of
offense is in the interest of justice under Subsection (3), (4), (5), or (6):
(a) the court shall consider:
(i) the nature, circumstances, and severity of the offense for which a reduction is
sought;
(ii) the physical, emotional, or other harm that the defendant caused any victim of the
offense for which the reduction is sought; and
(iii) any input from a victim of the offense; and
(b) the court may consider:
(i) any special characteristics or circumstances of the defendant, including the
defendant's criminogenic risks and needs;
(ii) the defendant's criminal history;
(iii) the defendant's employment and community service history;
(iv) whether the defendant participated in a rehabilitative program and successfully
completed the program;
(v) any effect that a reduction would have on the defendant's ability to obtain or
reapply for a professional license from the Department of Commerce;
(vi) whether the level of the offense has been reduced by law after the defendant's
conviction;
(vii) any potential impact that the reduction would have on public safety; or
(viii) any other circumstances that are reasonably related to the defendant or the
offense for which the reduction is sought.
(8) (a) A court may only enter a judgment of conviction for a lower degree of offense
under Subsection (3), (4), (5), or (6) after:
(i) notice is provided to the other party;
(ii) reasonable efforts have been made by the prosecuting attorney to provide notice to
any victims; and
(iii) a hearing is held if a hearing is requested by either party.
(b) A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a
judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), or (6).
(c) In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the
motion, the moving party has the burden to provide evidence sufficient to demonstrate that the
requirements under Subsection (3), (4), (5), or (6) are met.
(9) A court has jurisdiction to consider and enter a judgment of conviction for a lower
degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the defendant is
committed to jail as a condition of probation or is sentenced to prison.
(10) (a) An offense may be reduced only one degree under this section, unless the
prosecuting attorney specifically agrees in writing or on the court record that the offense may
be reduced two degrees.
(b) An offense may not be reduced under this section by more than two degrees.
(11) This section does not preclude an individual from obtaining or being granted an
expungement of the individual's record in accordance with Title 77, Chapter 40a,
Expungement.
(12) The court may not enter a judgment for a conviction for a lower degree of offense
under this section if:
(a) the reduction is specifically precluded by law; or
(b) any unpaid balance remains on court-ordered restitution for the offense for which
the reduction is sought.
(13) When the court enters a judgment for a lower degree of offense under this section,
the actual title of the offense for which the reduction is made may not be altered.
(14) (a) An individual may not obtain a reduction under this section of a conviction
that requires the individual to register as a sex offender until the registration requirements
under Title 77, Chapter 41, Sex and Kidnap Offender Registry, have expired.
(b) An individual required to register as a sex offender for the individual's lifetime
under Subsection 
77-41-105
(3)(c) may not be granted a reduction of the conviction for the
offense or offenses that require the individual to register as a sex offender.
(15) (a) An individual may not obtain a reduction under this section of a conviction
that requires the individual to register as a child abuse offender until the registration
requirements under Title 77, Chapter 43, Child Abuse Offender Registry, have expired.
(b) An individual required to register as a child abuse offender for the individual's
lifetime under Subsection 
77-43-105
(3)(c) may not be granted a reduction of the conviction for
the offense or offenses that require the individual to register as a child abuse offender.
Section 36. Section 
76-5-207
 is amended to read:
76-5-207.
Negligently operating a vehicle resulting in death -- Penalties --
Evidence.
(1) (a) As used in this section:
(i) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(ii) "Criminally negligent" means the same as that term is described in Subsection
76-2-103
(4).
(iii) "Drug" means:
(A) a controlled substance;
(B) a drug as defined in Section 
58-37-2
; or
(C) a substance that, when knowingly, intentionally, or recklessly taken into the human
body, can impair the ability of an individual to safely operate a vehicle.
(iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that
degree of care that reasonable and prudent persons exercise under like or similar circumstances.
(v) "Vehicle" means the same as that term is defined in Section 
41-6a-501
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits negligently operating a vehicle resulting in death if the actor:
(a) (i) operates a vehicle in a negligent or criminally negligent manner causing the
death of another individual; 
and
(ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
time of the test;
(B) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
(C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation; or
(b) (i) operates a vehicle in a criminally negligent manner causing death to another; and
(ii) has in the actor's body any measurable amount of a controlled substance.
(3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty
of:
(a) a second degree felony; and
(b) a separate offense for each victim suffering death as a result of the actor's violation
of this section, regardless of whether the deaths arise from the same episode of driving.
(4) An actor is not guilty of a violation of negligently operating a vehicle resulting in
death under Subsection (2)(b) if:
(a) the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional practice, or as
otherwise authorized by Title 58, Occupations and Professions;
(b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c) the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
 if:
(i) the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section 
58-37-6
; and
(ii) the substance was administered to the actor by the medical researcher.
(5) (a) A judge imposing a sentence under this section may consider:
(i) the sentencing guidelines developed in accordance with Section 
63M-7-404
;
(ii) the defendant's history;
(iii) the facts of the case;
(iv) aggravating and mitigating factors; or
(v) any other relevant fact.
(b) The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section 
41-6a-505
.
(c) The standards for chemical breath analysis as provided by Section 
41-6a-515
 and
the provisions for the admissibility of chemical test results as provided by Section 
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(d) A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection 
41-6a-502
(3).
(e) Except as provided in Subsection (4), the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f) Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g) In accordance with Subsection 
77-2a-3
(8), a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
Section 37. Section 
78B-14-102
 is amended to read:
78B-14-102.
Definitions.
As used in this chapter:
(1) "Child" means an individual, whether over or under the age of majority, who is or
is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be
the beneficiary of a support order directed to the parent.
(2) "Child support order" means a support order for a child, including a child who has
attained the age of majority under the law of the issuing state or foreign country.
(3) "Convention" means the convention on the International Recovery of Child Support
and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable by law to provide
support for a child, spouse, or former spouse, including an unsatisfied obligation to provide
support.
(5) "Foreign country" means a country, including a political subdivision thereof, other
than the United States, that authorizes the issuance of support orders and:
(a) which has been declared under the law of the United States to be a foreign
reciprocating country;
(b) which has established a reciprocal arrangement for child support with this state as
provided in Section 
78B-14-308
;
(c) which has enacted a law or established procedures for the issuance and enforcement
of support orders which are substantially similar to the procedures under this chapter; or
(d) in which the convention is in force with respect to the United States.
(6) "Foreign support order" means a support order of a foreign tribunal.
(7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of
a foreign country which is authorized to establish, enforce, or modify support orders or to
determine parentage of a child. The term includes a competent authority under the convention.
(8) "Home state" means the state or foreign country in which a child lived with a parent
or a person acting as parent for at least six consecutive months immediately preceding the time
of filing of a petition or comparable pleading for support and, if a child is less than six months
old, the state or foreign country in which the child lived from birth with any of them. A period
of temporary absence of any of them is counted as part of the six-month or other period.
(9) "Income" includes earnings or other periodic entitlements to money from any
source and any other property subject to withholding for support under the law of this state.
(10) "Income-withholding order" means an order or other legal process directed to an
obligor's employer or other source of income as defined in Section [
62A-11-103
] 
26B-9-101
, to
withhold support from the income of the obligor.
(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a
petition or comparable pleading is forwarded or in which a petition or comparable pleading is
filed for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which a tribunal issues a
support order or a judgment determining parentage of a child.
(13) "Issuing state" means the state in which a tribunal issues a support order or a
judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a
support order or a judgment determining parentage of a child.
(15) "Law" includes decisional and statutory law and rules and regulations having the
force of law.
(16) "Obligee" means:
(a) an individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order or a judgment determining parentage of a child has been issued;
(b) a foreign country, state, or political subdivision of a state to which the rights under
a duty of support or support order have been assigned or which has independent claims based
on financial assistance provided to an individual obligee in place of child support;
(c) an individual seeking a judgment determining parentage of the individual's child; or
(d) a person who is a creditor in a proceeding under Part 7, Support Proceedings Under
Convention.
(17) "Obligor" means an individual who, or the estate of a decedent that:
(a) owes or is alleged to owe a duty of support;
(b) is alleged but has not been adjudicated to be a parent of a child;
(c) is liable under a support order; or
(d) is a debtor in a proceeding under Part 7, Support Proceedings Under Convention.
(18) "Outside this state" means a location in another state or a country other than the
United States, whether or not the country is a foreign country.
(19) "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government, governmental
subdivision, agency, or instrumentality, public corporation, or any other legal or commercial
entity.
(20) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
(21) "Register" means to file in a tribunal of this state a support order or judgment
determining parentage of a child issued in another state or a foreign country.
(22) "Registering tribunal" means a tribunal in which a support order or judgment
determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or comparable pleading for
support or to determine parentage of a child is filed or to which a petition or comparable
pleading is forwarded for filing from another state or a foreign country.
(24) "Responding tribunal" means the authorized tribunal in a responding state or
foreign country.
(25) "Spousal support order" means a support order for a spouse or former spouse of
the obligor.
(26) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States. The term includes an Indian nation or tribe.
(27) "Support enforcement agency" means a public official, governmental entity, or
private agency authorized to:
(a) seek enforcement of support orders or laws relating to the duty of support;
(b) seek establishment or modification of child support;
(c) request determination of parentage of a child;
(d) attempt to locate obligors or their assets; or
(e) request determination of the controlling child support order.
(28) "Support order" means a judgment, decree, order, decision, or directive, whether
temporary, final, or subject to modification, issued in a state or foreign country for the benefit
of a child, a spouse, or a former spouse, which provides for monetary support, health care,
arrearages, retroactive support, or reimbursement for financial assistance provided to an
individual obligee in place of child support. The term may include related costs and fees,
interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.
(29) "Tribunal" means a court, administrative agency, or quasi-judicial entity
authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Section 38. Section 
78B-25-114
 is amended to read:
78B-25-114.
Savings clause.
This chapter does not affect a cause of action asserted before May 3, 2023, in a civil
action or a motion under [
Chapter 6, Part 14, Citizen Participation in Government Act
] 
Laws of
Utah 2008, Chapter 3, Sections 1087 and 1088
, regarding the cause of action.
Section 39. 
Repealer.
This bill repeals:
Section 
11-26-101
,
Title.
Section 
63A-18-101
,
Title.
Section 40. 
Effective date.
This bill takes effect on May 1, 2024.