Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 329 (2025GS)

Sponsor

Rep. Clancy, Tyler

Final action

House/ to Governor 3/13/2025

Outcome

House/ to Governor

Summary

What it does

• This bill:
• defines terms;
• creates the Shelter Counties Advisory Board to make recommendations to the Utah Homeless Board (board) regarding homeless services;
• requires the board to collect and report on certain data;
• provides that funds from the Homeless to Housing Reform Restricted Account may be used for certain transportation costs to connect the individual with a support network outside of the state;
• modifies the process by which the board approves funding requests from the Homeless Shelter Cities Mitigation Restricted Account;
• amends certain provisions of the winter response task force;
• enacts provisions requiring service providers to design certain services to assist homeless individuals in progressing and transitioning from struggling with homelessness to personal thriving;
• enacts provisions requiring certain safety requirements for homeless shelters, including winter response shelters;
• provides for penalties if a service provider that receives state or federal funds refuses to comply with certain safety requirements;
• provides certain exceptions under the COVID-19 grant program for licensed residential vocational and life skills programs; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

105
26B-2-104
35A-16-102
35A-16-202
35A-16-203
35A-16-204
35A-16-205
35A-16-205.1
35A-16-207
35A-16-208
35A-16-401
35A-16-402
35A-16-403
35A-16-501
35A-16-501.5
35A-16-502
35A-16-502.5
35A-16-503
35A-16-801
35A-16-901
58-37-8
Homeless Services Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Daniel McCay
LONG TITLE
General Description:
This bill amends and enacts provisions related to homelessness.
Highlighted Provisions:
This bill:
defines terms;
requires the Office of Licensing (office) within the Department of Health and Human 
Services to make rules that require a licensee to prioritize public safety of the area and 
community surrounding the licensee's physical facility;
requires the Utah Homeless Services Board (board) to collect and report on certain data;
requires that an eligible municipality adopt an ordinance prohibiting unsanctioned 
camping in a substantially similar form to state code;
modifies the process by which the board approves funding requests from the Homeless 
Shelter Cities Mitigation Restricted Account;
states that certain drug offenses are subject to enhanced penalties when committed in a 
state licensed homeless shelter; 
repeals and amends certain provisions of the winter response task force;
enacts provisions requiring service providers to design certain services to assist homeless 
individuals in progressing and transitioning from struggling with homelessness to 
personal thriving;
enacts provisions requiring certain safety requirements for homeless shelters, including 
winter response shelters; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-104
, as last amended by Laws of Utah 2024, Chapters 240, 307
35A-16-102
, as last amended by Laws of Utah 2024, Chapter 338
35A-16-202
, as last amended by Laws of Utah 2024, Chapters 338, 349
35A-16-203
, as last amended by Laws of Utah 2024, Chapters 204, 338 and 349
35A-16-204
, as repealed and reenacted by Laws of Utah 2024, Chapter 338
35A-16-205
, as last amended by Laws of Utah 2024, Chapters 204, 338 and 349
35A-16-205.1
, as enacted by Laws of Utah 2024, Chapter 204
35A-16-207
, as last amended by Laws of Utah 2024, Chapter 349
35A-16-208
, as enacted by Laws of Utah 2024, Chapter 338
35A-16-401
, as last amended by Laws of Utah 2024, Chapters 204, 338 and 438
35A-16-402
, as last amended by Laws of Utah 2024, Chapters 204, 338
35A-16-403
, as last amended by Laws of Utah 2024, Chapters 204, 338
35A-16-501
, as last amended by Laws of Utah 2024, Chapter 438
35A-16-501.5
, as last amended by Laws of Utah 2024, Chapter 338
58-37-8
, 
ENACTS:
35A-16-801
, Utah Code Annotated 1953
35A-16-901
, Utah Code Annotated 1953
REPEALS:
35A-16-502
, as last amended by Laws of Utah 2024, Chapters 204, 338
35A-16-502.5
, as enacted by Laws of Utah 2023, Chapter 302
35A-16-503
, as last amended by Laws of Utah 2024, Chapter 381
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-2-104
 is amended to read:
26B-2-104. Division responsibilities.
(1)
Subject to the requirements of federal and state law, the office shall:
(a)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to establish:
(i)
except as provided in Subsection (1)(a)(ii), basic health and safety standards for 
licensees, 
that
which
 shall be limited to:
(A)
fire safety;
(B)
food safety;
(C)
sanitation;
(D)
infectious disease control;
(E)
safety of the:
(I)
physical facility and grounds; and
(II)
area and community surrounding the physical facility;
(F)
transportation safety;
(G)
emergency preparedness and response;
(H)
the administration of medical standards and procedures, consistent with the 
related provisions of this title;
(I)
staff and client safety and protection;
(J)
the administration and maintenance of client and service records;
(K)
staff qualifications and training, including standards for permitting experience 
to be substituted for education, unless prohibited by law;
(L)
staff to client ratios;
(M)
access to firearms; and
(N)
the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
(ii)
basic health and safety standards for therapeutic schools, 
that
which
 shall be 
limited to:
(A)
fire safety, except that the standards are limited to those required by law or 
rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
(B)
food safety;
(C)
sanitation;
(D)
infectious disease control, except that the standards are limited to:
(I)
those required by law or rule under this title, or Title 26A, Local Health 
Authorities; and
(II)
requiring a separate room for clients who are sick;
(E)
safety of the physical facility and grounds, except that the standards are 
limited to those required by law or rule under Title 53, Chapter 7, Part 2, Fire 
Prevention and Fireworks Act;
(F)
transportation safety;
(G)
emergency preparedness and response;
(H)
access to appropriate medical care, including:
(I)
subject to the requirements of law, designation of a person who is 
authorized to dispense medication; and
(II)
storing, tracking, and securing medication;
(I)
staff and client safety and protection that permits the school to provide for the 
direct supervision of clients at all times;
(J)
the administration and maintenance of client and service records;
(K)
staff qualifications and training, including standards for permitting experience 
to be substituted for education, unless prohibited by law;
(L)
staff to client ratios;
(M)
access to firearms; and
(N)
the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
(iii)
procedures and standards for permitting a licensee to:
(A)
provide in the same facility and under the same conditions as children, 
residential treatment services to a person 18 years old or older who:
(I)
begins to reside at the licensee's residential treatment facility before the 
person's 18th birthday;
(II)
has resided at the licensee's residential treatment facility continuously since 
the time described in Subsection (1)(a)(iii)(A)(I);
(III)
has not completed the course of treatment for which the person began 
residing at the licensee's residential treatment facility; and
(IV)
voluntarily consents to complete the course of treatment described in 
Subsection (1)(a)(iii)(A)(III); or
(B)
(I)
provide residential treatment services to a child who is:
(Aa)
at least 12 years old or, as approved by the office, younger than 12 
years old; and
(Bb)
under the custody of the department, or one of 
its
the 
divisions
 under 
the department
; and
(II)
provide, in the same facility as a child described in Subsection 
(1)(a)(iii)(B)(I), residential treatment services to a person who is:
(Aa)
at least 18 years old, but younger than 21 years old; and
(Bb)
under the custody of the department, or one of 
its
the 
divisions
 under 
the department
;
(iv)
minimum administration and financial requirements for licensees;
(v)
guidelines for variances from rules established under this Subsection (1);
(vi)
ethical standards, as described in 
Subsection 
78B-6-106
(3)
Section 
78B-6-106
, 
and minimum responsibilities of a child-placing agency that provides adoption 
services and that is licensed under this part;
(vii)
what constitutes an 
"outpatient treatment program"
outpatient treatment 
program
 for purposes of this part;
(viii)
a procedure requiring a licensee to provide an insurer the licensee's records 
related to any services or supplies billed to the insurer
,
 and a procedure allowing 
the licensee and the insurer to contact the Insurance Department to resolve any 
disputes;
(ix)
a protocol for the office to investigate and process complaints about licensees;
(x)
a procedure for a licensee to:
(A)
report the use of a restraint or seclusion within one business day after the day 
on which the use of the restraint or seclusion occurs; and
(B)
report a critical incident within one business day after the day on which the 
incident occurs;
(xi)
guidelines for the policies and procedures described in Sections 
26B-2-109
 and 
26B-2-123
;
(xii)
a procedure for the office to review and approve the policies and procedures 
described in Sections 
26B-2-109
 and 
26B-2-123
; and
(xiii)
a requirement that each human services program publicly post information that 
informs an individual how to submit a complaint about a human services program 
to the office;
(b)
enforce rules relating to the office;
(c)
issue licenses in accordance with this part;
(d)
if the United States Department of State executes an agreement with the office that 
designates the office to act as an accrediting entity in accordance with the 
Intercountry Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more 
agencies and persons to provide intercountry adoption services pursuant to:
(i)
the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
(ii)
the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L. 
No. 106-279;
(e)
make rules to implement the provisions of Subsection (1)(d);
(f)
conduct surveys and inspections of licensees and facilities in accordance with Section 
26B-2-107
;
(g)
collect licensure fees;
(h)
notify licensees of the name of a person within the department to contact when filing 
a complaint;
(i)
investigate complaints regarding any licensee or human services program;
(j)
have access to all records, correspondence, and financial data required to be 
maintained by a licensee;
(k)
have authority to interview any client, family member of a client, employee, or 
officer of a licensee;
(l)
have authority to deny, condition, revoke, suspend, or extend any license issued by 
the department under this part by following the procedures and requirements of Title 
63G, Chapter 4, Administrative Procedures Act;
(m)
cooperate with the Division of Child and Family Services to condition, revoke, or 
suspend the license of a foster home when a child welfare caseworker from the 
Division of Child and Family Services identifies a safety concern with the foster 
home;
(n)
electronically post notices of agency action issued to a human services program, with 
the exception of a foster home, on the office's website, in accordance with Title 63G, 
Chapter 2, Government Records Access and Management Act; and
(o)
upon receiving a local government's request under Section 
26B-2-118
, notify the 
local government of new human services program license applications, except for 
foster homes, for human services programs located within the local government's 
jurisdiction. 
(2)
In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a licensee to 
establish and comply with an emergency response plan that requires clients and staff to:
(a)
immediately report to law enforcement any 
significant 
criminal activity, as defined 
by rule, committed:
(i)
on the premises where the licensee operates 
its
the licensee's
 human services 
program;
(ii)
by or against 
its
the licensee's
 clients; or
(iii)
by or against a staff member while the staff member is on duty;
(b)
immediately report to emergency medical services any medical emergency, as 
defined by rule:
(i)
on the premises where the licensee operates 
its
the licensee's
 human services 
program;
(ii)
involving 
its
the licensee's
 clients; or
(iii)
involving a staff member while the staff member is on duty; and
(c)
immediately report other emergencies that occur on the premises where the licensee 
operates 
its
the licensee's
 human services program to the appropriate emergency 
services agency.
Section 2, Section 
35A-16-102
 is amended to read:
35A-16-102. Definitions.
As used in this chapter:
(1)
"Board" means the Utah Homeless Services Board created in Section 
35A-16-204
.
(2)
"Brief" means the average length of time from the date of the initial identification of an 
individual experiencing homelessness to the date of the individual's exit destination is 
less than 45 days.
(2)
(3)
"Client" means an individual who is experiencing homelessness or an individual at 
risk of becoming homeless.
(3)
(4)
"Chief executive officer" means the same as that term is defined in Section 
11-51-102
.
(4)
(5)
"Collaborative applicant" means the entity designated by a continuum of care to 
collect and submit data and apply for funds on behalf of the continuum of care, as 
required by the United States Department of Housing and Urban Development.
(5)
(6)
"Continuum of care" means a regional or local planning body designated by the 
United States Department of Housing and Urban Development to coordinate services for 
individuals experiencing homelessness within an area of the state.
(6)
(7)
"Coordinator" means the state homelessness coordinator appointed under Section 
63J-4-202
.
(8)
"Eligible services" means any activities or services that mitigate the impacts of the 
location of an eligible shelter, including direct services, public safety services, and 
emergency services, as further defined by rule made by the office in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(7)
(9)
"Executive committee" means the executive committee of the board.
(8)
(10)
"Exit destination" means:
(a)
a homeless situation;
(b)
an institutional situation;
(c)
a temporary housing situation;
(d)
a permanent housing situation; or
(e)
other.
(9)
(11)
"First-tier eligible municipality" means a municipality that:
(a)
is located within a county of the first or second class;
(b)
as determined by the office, has or is proposed to have an eligible shelter within the 
municipality's geographic boundaries within the following fiscal year;
(c)
due to the location of an eligible shelter within the municipality's geographic 
boundaries, requires eligible services; and
(d)
is certified as a first-tier eligible municipality in accordance with Section 
35A-16-404
.
(10)
(12)
"Homeless Management Information System" or "HMIS" means an information 
technology system that:
(a)
is used to collect client-level data and data on the provision of housing and services 
to homeless individuals and individuals at risk of homelessness in the state; and
(b)
meets the requirements of the United States Department of Housing and Urban 
Development.
(11)
(13)
"Homeless services budget" means the comprehensive annual budget and 
overview of all homeless services available in the state described in Subsection 
35A-16-203
(1)(b).
(14)
"Know-by-Name case management system" or "Know-by-Name" means a homeless 
intervention program that shares the aggregated data from HMIS among the Utah Office 
of Homeless Services, the Utah Homeless Services Board, service providers, and 
caseworkers to identify and provide a chronically homeless individual experiencing 
homelessness with:
(a)
coordinated service providers;
(b)
centralized caseworkers; and
(c)
individualized care plans.
(12)
(15)
"Local homeless council" means a local planning body designated by the steering 
committee to coordinate services for individuals experiencing homelessness within an 
area of the state.
(16)
"Nonrecurring" means that the total number of individuals who return to homelessness 
within two years of exiting the homeless service system is not greater than 5%.
(13)
(17)
"Office" means the Office of Homeless Services.
(18)
"Rare" means the number of individuals experiencing homelessness within each 
subpopulation is less than the percentage threshold, as determined by the board, of the 
overall population.
(14)
(19)
"Second-tier eligible municipality" means a municipality that:
(a)
is located within a county of the third, fourth, fifth, or sixth class;
(b)
as determined by the office, has or is proposed to have an eligible shelter within the 
municipality's geographic boundaries within the following fiscal year;
(c)
due to the location of an eligible shelter within the municipality's geographic 
boundaries, requires eligible services; and
(d)
is certified as a second-tier eligible municipality in accordance with Section 
35A-16-404
.
(15)
(20)
(a)
"Service provider" means a state agency, a local government, or a private 
organization that provides services to clients.
(b)
"Service provider" includes a correctional facility and the Administrative Office of 
the Courts.
(16)
(21)
"Steering committee" means the Utah Homeless Network Steering Committee 
created in Section 
35A-16-206
.
(17)
(22)
"Strategic plan" means the statewide strategic plan to minimize homelessness in 
the state described in Subsection 
35A-16-203
(1)(c).
(18)
(23)
"Type of homelessness" means:
(a)
chronic homelessness;
(b)
episodic homelessness;
(c)
situational homelessness; or
(d)
family homelessness.
Section 3, Section 
35A-16-202
 is amended to read:
35A-16-202. Powers and duties of the office.
(1)
The office shall, under the direction of the coordinator:
(a)
assist in providing homeless services in the state;
(b)
coordinate the provision of homeless services in the state; 
(c)
manage, with the concurrence of continuum of care organizations approved by the 
United States Department of Housing and Urban Development, a Homeless 
Management Information System for the state that:
(i)
shares client-level data between service providers in the state;
(ii)
is effective as a case management system;
(iii)
integrates the Know-by-Name case management system standards;
(iii)
(iv)
except for individuals receiving services who are victims of domestic 
violence, includes an effective authorization protocol for encouraging individuals 
who are provided with any homeless services in the state to provide accurate 
information to providers for inclusion in the HMIS
 and Know-by-Name case 
management system
; and
(iv)
(v)
meets the requirements of the United States Department of Housing and 
Urban Development and other federal requirements; 
(d)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
make rules defining "successful exit," "unsuccessful exit," and "neutral exit"; and 
(e)
provide support to the steering committee in developing the formula described in 
Section 
35A-16-211
.
(2)
The office may:
(a)
by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds 
Procedures Act, seek federal grants, loans, or participation in federal programs; and
(b)
for any federal program that requires the expenditure of state funds as a condition for 
participation by the state in a fund, property, or service, with the governor's approval, 
expend whatever funds are necessary out of the money provided by the Legislature 
for the use of the office.
Section 4, Section 
35A-16-203
 is amended to read:
35A-16-203. Powers and duties of the coordinator.
(1)
The coordinator shall:
(a)
coordinate the provision of homeless services in the state;
(b)
in cooperation with the board, develop and maintain a comprehensive annual budget 
and overview of all homeless services available in the state, which homeless services 
budget shall receive final approval by the board;
(c)
in cooperation with the board, create a statewide strategic plan to minimize 
homelessness in the state, which strategic plan shall receive final approval by the 
board;
(d)
in cooperation with the board, oversee funding provided for the provision of 
homeless services, which funding shall receive final approval by the board, including 
funding from the:
(i)
Pamela Atkinson Homeless Account created in Section 
35A-16-301
;
(ii)
Homeless to Housing Reform Restricted Account created in Section 
35A-16-303
; 
and
(iii)
Homeless Shelter Cities Mitigation Restricted Account created in Section 
35A-16-402
;
(e)
provide administrative support to and serve as a member of the board;
(f)
at the governor's request, report directly to the governor on issues regarding 
homelessness in the state and the provision of homeless services in the state; and
(g)
report directly to the president of the Senate and the speaker of the House of 
Representatives at least twice each year on issues regarding homelessness in the state 
and the provision of homeless services in the state.
(2)
The coordinator, in cooperation with the board, shall ensure that the homeless services 
budget described in Subsection (1)(b) includes an overview and coordination plan for all 
funding sources for homeless services in the state, including from state agencies, 
continuum of care organizations, housing authorities, local governments, federal 
sources, and private organizations.
(3)
The coordinator, in cooperation with the board and taking into account the metrics 
established and data reported in accordance with Section 
35A-16-211
, shall ensure that 
the strategic plan described in Subsection (1)(c):
(a)
outlines specific goals and measurable benchmarks for minimizing homelessness in 
the state and for coordinating services for individuals experiencing homelessness 
among all service providers in the state;
(b)
identifies 
best practices
innovative strategies
 and recommends improvements to the 
provision of services to individuals experiencing homelessness in the state to ensure 
the services are provided in a safe, cost-effective, and efficient manner;
(c)
identifies 
best practices
innovative strategies
 and recommends improvements in 
coordinating the delivery of services to the variety of populations experiencing 
homelessness in the state, including through the use of electronic databases and 
improved data sharing among all service providers in the state; 
(d)
identifies gaps and recommends solutions in the delivery of services to the variety of 
populations experiencing homelessness in the state; and
(e)
takes into consideration the success of the HOME Court Pilot Program established in 
Section 
26B-5-382
.
(4)
In overseeing funding for the provision of homeless services as described in Subsection 
(1)(d), the coordinator:
(a)
shall prioritize the funding of programs and providers that have a documented history 
of successfully reducing the number of individuals experiencing homelessness, 
reducing the time individuals spend experiencing homelessness, moving individuals 
experiencing homelessness to permanent housing, or reducing the number of 
individuals who return to experiencing homelessness; 
(b)
except for a program or provider providing services to victims of domestic violence, 
may not approve funding to a program or provider that does not enter into a written 
agreement with the office to collect and share HMIS 
and Know-by-Name 
data 
regarding the provision of services to individuals experiencing homelessness so that 
the provision of services can be coordinated among state agencies, local 
governments, and private organizations; and
(c)
if the 
homelessness council
board
 has approved a funding formula developed by the 
steering committee, as described in Section 
35A-16-205
:
(i)
except as provided in Subsection (4)(c)(ii), shall utilize that funding formula in 
disbursing funds for the provision of homeless services; and
(ii)
shall ensure that any federal funds not subject to the funding formula are 
disbursed in accordance with any applicable federal requirements.
(5)
In cooperation with the board, the coordinator shall update the annual statewide budget 
and the strategic plan described in this section on an annual basis.
(6)
(a)
On or before October 1, the coordinator shall provide a written report to the 
department for inclusion in the department's annual written report described in 
Section 
35A-1-109
.
(b)
The written report shall include:
(i)
the homeless services budget;
(ii)
the strategic plan;
(iii)
recommendations regarding improvements to coordinating and providing 
services to individuals experiencing homelessness in the state; 
(iv)
in coordination with the board, a complete accounting of the office's 
disbursement of funds during the previous fiscal year from:
(A)
the Pamela Atkinson Homeless Account created in Section 
35A-16-301
;
(B)
the Homeless to Housing Reform Restricted Account created in Section 
35A-16-303
;
(C)
the Homeless Shelter Cities Mitigation Restricted Account created in Section 
35A-16-402
;
(D)
the COVID-19 Homeless Housing and Services Grant Program created in 
Section 
35A-16-602
; and
(E)
any other grant program created in statute that is administered by the office; 
and
(v)
the data described in Section 
35A-16-211
.
Section 5, Section 
35A-16-204
 is amended to read:
35A-16-204. Utah Homeless Services Board.
(1)
There is created within the office the Utah Homeless Services Board.
(2)
(a)
The board shall consist of the following members:
(i)
a representative, appointed by the speaker of the House of Representatives;
(ii)
a representative, appointed by the president of the Senate;
(iii)
a private sector representative, appointed by the governor;
(iv)
a representative, appointed by the governor;
(v)
a statewide philanthropic leader, appointed by the Utah Impact Partnership or the 
partnership's successor organization;
(vi)
the mayor of Salt Lake City;
(vii)
the chief executive officer appointed by the Shelter Cities Advisory Council in 
accordance with Section 
35A-16-210
;
(viii)
an individual with lived experience of homelessness, appointed by the chair of 
the board;
(viii)
an elected official appointed by the Utah Association of Counties or the 
association's successor organization;
(ix)
a county employee who oversees behavioral health,
a representative,
 appointed 
by the Utah Association of Counties or the association's successor organization;
(x)
an individual who represents the Utah Homeless Network; and
(xi)
the coordinator.
(b)
The governor shall select a board member to serve as chair of the board.
(3)
The following four members of the board shall serve as the executive committee:
(a)
the coordinator; and
(b)
three board members chosen by the board chair, which shall include one of the 
members described in Subsection (2)(a)(vi) or (2)(a)(vii).
(4)
(a)
The board shall meet at least once per calendar quarter.
(b)
The chair, the coordinator, or three of the board members may call a board meeting.
(c)
The individual calling the meeting shall provide notice of the meeting to the board 
members at least three calendar days in advance of the meeting.
(5)
A majority of the voting members of the board constitutes a quorum of the board at any 
meeting, and the action of the majority of voting members present constitutes the action 
of the board.
(6)
(a)
A majority of members of the executive committee constitutes a quorum of the 
executive committee at any meeting, and the action of the majority of members 
present constitutes the action of the executive committee.
(b)
The executive committee is exempt from the requirements described in Title 52, 
Chapter 4, Open and Public Meetings Act.
(7)
(a)
Except as required by Subsection (7)(c):
(i)
each appointed member of the board, other than a board member described in 
Subsection (2)(a)(vii), shall serve a four-year term; and
(ii)
the board member appointed in accordance with Subsection (2)(a)(vii) shall serve 
a two-year term.
(b)
A board member may serve more than one term.
(c)
The appointing authority, at the time of appointment or reappointment, may adjust 
the length of terms to ensure that the terms of board members are staggered so that 
approximately half of the appointed board members are appointed every two years.
(8)
When a vacancy occurs in the appointed membership for any reason, the replacement is 
appointed for the unexpired term.
(9)
(a)
Except as described in Subsection (9)(b), a member may not receive 
compensation or benefits for the member's service but may receive per diem and 
travel expenses in accordance with:
(i)
Section 
63A-3-106
;
(ii)
Section 
63A-3-107
; and
(iii)
rules made by the Division of Finance in accordance with Sections 
63A-3-106
and 
63A-3-107
.
(b)
Compensation and expenses of a board member who is a legislator are governed by 
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and 
Expenses.
(10)
The office shall provide staff and administrative support to the board.
Section 6, Section 
35A-16-205
 is amended to read:
35A-16-205. Duties of the board.
(1)
The board:
(a)
shall provide final approval for:
(i)
a funding formula developed by the steering committee under Section 
35A-16-211
;
(ii)
the homeless services budget;
(iii)
the strategic plan; and
(iv)
the awarding of funding for the provision of homeless services as described in 
Subsection 
35A-16-203
(1)(d);
(b)
in cooperation with the coordinator, shall:
(i)
develop and maintain the homeless services budget;
(ii)
develop and maintain the strategic plan; and
(iii)
review applications and approve funding for the provision of homeless services 
in the state as described in Subsection 
35A-16-203
(1)(d);
(c)
shall review local and regional plans for providing services to individuals 
experiencing homelessness;
(d)
shall cooperate with local homeless councils to:
(i)
develop a common agenda and vision for reducing homelessness in each local 
oversight body's respective region;
(ii)
as part of the homeless services budget, develop a spending plan that coordinates 
the funding supplied to local stakeholders; and
(iii)
align local funding to projects that improve outcomes and target specific needs in 
each community;
(e)
shall coordinate gap funding with private entities for providing services to 
individuals experiencing homelessness;
(f)
shall recommend performance and accountability measures for service providers, 
including the support of collecting consistent and transparent data; 
(g)
when reviewing and giving final approval for requests as described in Subsection 
35A-16-203
(1)(d):
(i)
may only recommend funding if the proposed recipient has a policy to share 
client-level service information with other entities in accordance with state and 
federal law to enhance the coordination of services for individuals who are 
experiencing homelessness; and
(ii)
shall identify specific targets and benchmarks that align with the strategic plan for 
each recommended award;
(h)
shall regularly update the state strategic plan on homelessness to reflect
:
(i)
trends in homelessness as identified by the review of:
(A)
local data; and
(B)
performance and accountability metrics in accordance with this section; and
(ii)
proven strategies to reduce homelessness among:
(i)
(A)
the unsheltered;
(ii)
(B)
the chronically or episodically homeless; and
(iii)
(C)
the situationally homeless;
(i)
shall develop annual state and local goals for reducing homelessness among the target 
subpopulations identified by the board;
(j)
shall work with the local homeless councils to carry out the requirements of 
Subsection 
35A-16-211(3)
;
(k)
shall develop metrics for measuring the effectiveness of providers in assisting clients 
to successfully progress through the services coordinated by a continuum of care;
(l)
shall create 
best practices
innovative strategies
 for a service provider to administer 
services to an individual experiencing homelessness, including promotion of:
(i)
a recognition of the human dignity of clients served;
(ii)
a need to develop self-reliance;
(iii)
the value of work;
(iv)
personal accountability; and
(v)
personal progress toward greater personal independence;
(m)
shall make recommendations for uniform standards for enforcing pedestrian safety 
and 
unsanctioned 
camping laws and ordinances;
(n)
shall identify 
best practices
innovative strategies
 for responding to unsheltered 
individuals experiencing mental health disorder and substance use disorder;
(o)
shall make recommendations for strategies to reduce illegal drug use within 
homeless shelters, transitional housing, and permanent supportive housing;
(p)
shall facilitate client connection to alternative support systems, including behavioral 
health services, addiction recovery, and residential services;
(q)
shall facilitate participation in HMIS
 and Know-by-Name
, where appropriate and in 
alignment with established HMIS
 and Know-by-Name
 policies, and data sharing 
agreements among all participants in a client support network, including homeless 
services, physical health systems, mental health systems, and the criminal justice 
system;
(r)
shall make recommendations to the office for defining "successful exit," 
"unsuccessful exit," and "neutral exit";
(s)
shall evaluate additional opportunities for the office to become a collaborative 
applicant;
(t)
shall coordinate with the continuums of care to provide for cooperative distribution of 
available funding; 
(u)
shall work in conjunction with the executive directors of the Department of 
Workforce Services, the Department of Health and Human Services, and the 
Department of Corrections to create 
best practices
innovative strategies
 for helping 
individuals exiting from incarceration or an institution to avoid homelessness; and
(v)
shall establish standards for the prioritization of beds located in homeless shelters in 
accordance with Section 
35A-16-205.1
.
(2)
(a)
In approving a funding formula, as described in Subsection 
(1)(a)(i)
, the board 
shall take action on a proposed funding formula by a two-thirds vote.
(b)
If the board cannot approve a proposed funding formula, the board shall refer the 
proposed funding formula back to the steering committee for further consideration.
(3)
(a)
The executive committee shall act in an advisory capacity for the board and make 
recommendations regarding the board's duties under Subsection (1).
(b)
The executive committee does not have authority to make decisions independent of 
the board.
Section 7, Section 
35A-16-205.1
 is amended to read:
35A-16-205.1. Utah Homeless Services Board to establish standards for the 
prioritization of homeless shelter beds -- Dissemination -- Compliance with standards 
required for receipt of state funds.
(1)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
homelessness council
board
 shall make rules establishing standards for the prioritization 
of beds located in a homeless shelter.
(2)
In establishing standards under Subsection (1), the 
homelessness council
board
 shall:
(a)
assign highest priority for available beds to:
(i)
individuals eligible for Temporary Assistance for Needy Families funds pursuant 
to 42 U.S.C. Sec. 604; and
(ii)
individuals discharged from the Utah State Hospital created in Section 
26B-5-302
; 
and
(b)
require a homeless shelter, if feasible, to allocate an average of 85% of the total 
number of beds located in a homeless shelter to individuals described in Subsection 
(2)(a)(i).
(3)
The office shall disseminate the standards established by the 
homelessness council
board
 under Subsection (1) to each homeless shelter located within the state.
(4)
Notwithstanding any other provisions in this chapter, state funds may not be awarded 
under this chapter directly to or for the benefit of a homeless shelter located within the 
state unless the homeless shelter complies with the standards established by the 
homelessness council
board
 under Subsection (1).
Section 8, Section 
35A-16-207
 is amended to read:
35A-16-207. Duties of the steering committee.
(1)
The steering committee shall:
(a)
support connections across continuums of care, local homeless councils, and state 
and local governments;
(b)
coordinate statewide emergency and crisis response in relation to services for 
individuals experiencing homelessness;
(c)
provide training to providers of services for individuals experiencing homelessness, 
stakeholders, and policymakers;
(d)
educate the general public and other interested persons regarding the needs, 
challenges, and opportunities for individuals experiencing homelessness; and
(e)
make recommendations to the 
homelessness council
board
 regarding the awarding 
of funding for the provision of homeless services as described in Subsection 
35A-16-203
(1)(d).
(2)
The steering committee shall, in consultation with members of the 
homelessness 
council
board
, the office, members of local 
homelessness
homeless
 councils, and the 
coordinator, develop a funding formula as described in Section 
35A-16-211
.
Section 9, Section 
35A-16-208
 is amended to read:
35A-16-208. Reporting requirements -- Outcome measures.
(1)
(a)
The office shall report, for the state and for each local homeless council:
(i)
the state's year-to-date progress toward reaching a functional zero level of 
homelessness for each type of homelessness and subpopulation, including:
(A)
the number of individuals who are homeless for the first time;
(B)
the number of individuals who returned to homelessness after having exited 
homelessness within the two previous years;
(C)
the number of individuals who remained homeless since the last report;
(D)
the number of individuals experiencing homelessness since the last report by 
household type;
(E)
the number of individuals who exited by exit destination; and
(F)
the number of individuals who are experiencing homelessness for the first time 
plus the number of individuals who are returning to homelessness minus the 
number of individuals who are exiting homelessness;
(ii)
the percentage of individuals experiencing homelessness who:
(A)
have a mental health disorder;
(B)
have a substance use disorder;
(C)
have a chronic health condition;
(D)
have a physical disability;
(E)
have a developmental disability;
(F)
have HIV/AIDS;
(G)
are survivors of domestic violence;
(H)
are veterans; and
(I)
are unaccompanied youth 24 years old or younger;
(iii)
the number of individuals who exited homeless services since the last report by:
(A)
type of homelessness;
(B)
subpopulation; and
(C)
exit destination;
 and
(iv)
progress, by project type, on each goal established in accordance with Subsection 
(3)
.
;
(v)
the extent to which homelessness has been made rare, brief, and nonrecurring; and
(vi)
the data collected from service providers in accordance with Part 8, Homeless 
Services Provider Program Requirements.
(b)
The reports described in this Subsection (1) shall contain aggregated, de-identified 
information.
(2)
The office shall report the data described in Subsection (1):
(a)
in the annual report required by Section 
35A-16-203
;
(b)
on or before October 1 of each year, through an oral presentation to the Economic 
Development and Workforce Services Interim Committee; and
(c)
on a data dashboard for the public with specific additional data points recommended 
by the board.
(3)
The board and the local homeless councils shall jointly establish quarterly goals for 
each project type.
(4)
The board and the local homeless councils shall jointly make annual progress reports 
identifying:
(a)
the percentage of clients
:
(i)
screened for social needs;
 and
(ii)
referred for services that match the clients' social needs;
(b)
the percentage of clients subsequently referred to community-based providers who 
can:
(i)
address the client's needs;
(ii)
follow-up on status of addressing the client's needs; and
(iii)
report back to the referring entity;
(c)
the number of youth receiving parent or guardian bereavement support services; and
(d)
the number of clients with:
(i)
a successful exit;
(ii)
an unsuccessful exit;
(iii)
a neutral exit; and
(iv)
continued enrollment in the project.
Section 10, Section 
35A-16-401
 is amended to read:
35A-16-401. Definitions.
As used in this part:
(1)
"Account" means the Homeless Shelter Cities Mitigation Restricted Account created in 
Section 
35A-16-402
.
(2)
"Authorized provider" means a nonprofit provider of homeless services that is 
authorized by a third-tier eligible municipality to operate a temporary winter response 
shelter within the municipality in accordance with Part 5, Winter Response Plan 
Requirements.
(3)
"Eligible municipality" means:
(a)
a first-tier eligible municipality;
(b)
a second-tier eligible municipality; or
(c)
a third-tier eligible municipality.
(4)
"Eligible services" means any activities or services that mitigate the impacts of the 
location of an eligible shelter, including direct services, public safety services, and 
emergency services, as further defined by rule made by the office in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5)
"Eligible shelter" means:
(a)
for a first-tier eligible municipality, a homeless shelter that:
(i)
has the capacity to provide temporary shelter to at least 80 individuals per night, 
as verified by the office;
(ii)
operates year-round; and
(iii)
is not subject to restrictions that limit the hours, days, weeks, or months of 
operation;
(b)
for a second-tier municipality, a homeless shelter that:
(i)
has the capacity to provide temporary shelter to at least 25 individuals per night, 
as verified by the office;
(ii)
operates year-round; and
(iii)
is not subject to restrictions that limit the hours, days, weeks, or months of 
operation; and
(c)
for a third-tier eligible municipality, a homeless shelter that:
(i)
(A)
has the capacity to provide temporary shelter to at least 50 individuals per 
night, as verified by the office; and
(B)
operates for no less than three months during the period beginning October 1 
and ending April 30 of the following year; or
(ii)
(A)
meets the definition of a homeless shelter under Section 
35A-16-501
; and
(A)
provides temporary shelter to individuals experiencing homelessness;
(B)
operates year-round; and
(C)
is not subject to restrictions that limit the hours, days, weeks, or months of 
operation.
(B)
contains beds that are utilized as part of a county's winter response plan under 
Section 
35A-16-502
.
(6)
"Homeless shelter" means a facility that provides or is proposed to provide temporary 
shelter to individuals experiencing homelessness.
(7)
"Municipality" means a city or town.
(8)
"Public safety services" means law enforcement, emergency medical services, or fire 
protection.
(9)
"Third-tier eligible municipality" means a municipality that:
(a)
as determined by the office, has or is proposed to have an eligible shelter within the 
municipality's geographic boundaries within the following fiscal year; and
(b)
due to the location of an eligible shelter within the municipality's geographic 
boundaries, requires eligible services.
Section 11, Section 
35A-16-402
 is amended to read:
35A-16-402. Homeless Shelter Cities Mitigation Restricted Account -- Formula 
for disbursing account funds to eligible municipalities.
(1)
There is created a restricted account within the General Fund known as the Homeless 
Shelter Cities Mitigation Restricted Account.
(2)
The account shall be funded by:
(a)
local sales and use tax revenue deposited into the account in accordance with Section 
59-12-205
;
(b)
interest earned on the account; and
(c)
appropriations made to the account by the Legislature.
(3)
The office shall administer the account.
(4)
(a)
Subject to appropriations, the office shall annually disburse funds from the 
account as follows:
(i)
87.5% shall be disbursed to first-tier eligible municipalities that have been 
approved to receive account funds under Section 
35A-16-403
, of which:
(A)
70% of the amount described in Subsection (4)(a)(i) shall be disbursed 
proportionately among applicants based on the total number of individuals 
experiencing homelessness who are served by eligible shelters within each 
municipality, as determined by the office;
(B)
20% of the amount described in Subsection (4)(a)(i) shall be disbursed 
proportionately among applicants based on the total number of individuals 
experiencing homelessness who are served by eligible shelters within each 
municipality as compared to the total population of the municipality, as 
determined by the office; and
(C)
10% of the amount described in Subsection (4)(a)(i) shall be disbursed 
proportionately among applicants based on the total year-round capacity of all 
eligible shelters within each municipality, as determined by the office;
(ii)
2.5% shall be disbursed to second-tier eligible municipalities that have been 
approved to receive account funds under Section 
35A-16-403
, of which:
(A)
70% of the amount described in Subsection (4)(a)(ii) shall be disbursed 
proportionately among applicants based on the total number of individuals 
experiencing homelessness who are served by eligible shelters within each 
municipality, as determined by the office;
(B)
20% of the amount described in Subsection (4)(a)(ii) shall be disbursed 
proportionately among applicants based on the total number of individuals 
experiencing homelessness who are served by eligible shelters within each 
municipality as compared to the total population of the municipality, as 
determined by the office; and
(C)
10% of the amount described in Subsection (4)(a)(ii) shall be disbursed 
proportionately among applicants based on the total year-round capacity of all 
eligible shelters within each municipality, as determined by the office; and
(iii)
10% shall be disbursed to third-tier eligible municipalities that have been 
approved to receive account funds under Section 
35A-16-403
, in accordance with 
a formula established by the office and approved by the board.
(b)
In disbursing funds to second-tier municipalities under Subsection (4)(a)(ii), the 
maximum amount of funds that the office may disburse each year to a single 
second-tier municipality may not exceed 50% of the total amount of funds disbursed 
under Subsection (4)(a)(ii).
(c)
The office may disburse funds under Subsection (4)(a)(iii) to an authorized provider 
of a third-tier eligible municipality.
(d)
The office may disburse funds to a third-tier municipality or an authorized provider 
under Subsection (4)(a)(iii) regardless of whether the municipality receives funds 
under Subsection (4)(a)(i) as a first-tier municipality or funds under Subsection 
(4)(a)(ii) as a second-tier municipality.
(e)
If any account funds are available to the office for disbursement under this section 
after making the disbursements required in Subsection (4)(a), the office may disburse 
the available account funds to third-tier municipalities that have been approved to 
receive account funds under Section 
35A-16-403
.
(f)
(i)
Notwithstanding any other provision in this section, if an eligible municipality 
requests account funds under Section 
35A-16-403
 and the request is denied for the 
sole reason that the municipality has failed to comply with the requirements of 
Subsection 
35A-16-403
(2)
(g)(i)
(h)(i)
, the office may disburse the account funds 
that the municipality would otherwise have received to:
(A)
eligible municipalities in accordance with the provisions of this Subsection 
(4); or
(B)
subject to Subsection (4)(f)(ii), the Department of Public Safety.
(ii)
(A)
The office may not disburse account funds to the Department of Public 
Safety under Subsection (4)(f)(i) unless the disbursement is recommended and 
approved by the board.
(B)
The Department of Public Safety shall use any account funds received under 
Subsection (4)(f)(i) to assist in the enforcement of state laws that promote the 
safety or well-being of individuals experiencing homelessness.
(5)
In disbursing account funds to municipalities under Subsection (4), the office may not 
consider the capacity of an eligible shelter to qualify a municipality for multiple tiers of 
funding.
(6)
The office may use up to 2.75% of any appropriations made to the account by the 
Legislature to offset the office's administrative expenses under this part.
(7)
In accordance with Section 
63J-1-602.1
, appropriations from the account are nonlapsing.
(8)
The office may disburse any uncommitted account funds to municipalities under this 
section in the following year.
Section 12, Section 
35A-16-403
 is amended to read:
35A-16-403. Eligible municipality application process for Homeless Shelter 
Cities Mitigation Restricted Account funds.
(1)
An eligible municipality may apply for account funds to mitigate the impacts of the 
location of an eligible shelter through the provision of eligible services within the 
eligible municipality's boundaries.
(2)
(a)
The board shall set aside time on the agenda of a board meeting that occurs before 
the beginning of the next fiscal year to allow an eligible municipality to present a 
request for account funds for that next fiscal year.
(b)
An eligible municipality may present a request for account funds by:
(i)
sending an electronic copy of the request to the board before the meeting; and
(ii)
appearing at the meeting to present the request.
(c)
The request described in Subsection (2)(b)(i) shall contain:
(i)
a proposal outlining the need for eligible services, including a description of each 
eligible service for which the eligible municipality requests account funds;
(ii)
a description of the eligible municipality's proposed use of account funds;
(iii)
a description of the outcomes that the funding would be used to achieve, 
including indicators that would be used to measure progress toward the specified 
outcomes; and
(iv)
the amount of account funds requested.
(d)
(i)
On or before September 30, an eligible municipality that received account 
funds during the previous fiscal year shall file electronically with the board a 
report that includes:
(A)
a summary of the amount of account funds that the eligible municipality 
expended and the eligible municipality's specific use of those funds;
(B)
an evaluation of the eligible municipality's effectiveness in using the account 
funds to address the eligible municipality's needs due to the location of an 
eligible shelter;
(C)
an evaluation of the eligible municipality's progress regarding the outcomes 
and indicators described in Subsection (2)(c)(iii); and
(D)
any proposals for improving the eligible municipality's effectiveness in using 
account funds that the eligible municipality may receive in future fiscal years.
(ii)
The board may request additional information as needed to make the evaluation 
described in Subsection (2)(e).
(e)
The board shall evaluate a request made in accordance with this Subsection (2) and 
may take the following factors into consideration in determining whether to approve 
or deny the request:
(i)
the strength of the proposal that the eligible municipality provided to support the 
request;
(ii)
if the eligible municipality received account funds during the previous fiscal year, 
the efficiency with which the eligible municipality used any account funds during 
the previous fiscal year;
(iii)
the availability of funding for the eligible municipality under Subsection 
35A-16-402
(4);
(iv)
the availability of alternative funding for the eligible municipality to address the 
eligible municipality's needs due to the location of an eligible shelter; and
(v)
any other considerations identified by the board.
(f)
(i)
In the event that total requests under this Subsection 
(2)
 exceed available funds 
in the Homeless Shelter Cities Mitigation Restricted Account, the board shall 
prioritize approving requests that propose to use funding on services directly 
related to supporting goals or implementing innovative practices identified by the 
board pursuant to 35A-16-205.
(ii)
If a request primarily proposes to use funding to supplement an eligible 
municipality's regular costs for law enforcement personnel, including overtime 
pay, the board shall deprioritize that request.
(g)
After making the evaluation described in Subsection (2)(e)
 and the prioritization 
described in Subsection (2)(f)
, and subject to Subsection 
(2)(g)
(2)(h)
, the board 
shall vote to either approve or deny
, in whole or in part,
 an eligible municipality's 
request for account funds.
(g)
(h)
(i)
In addition to the evaluation under Subsection (2)(e), the board may not 
approve an eligible municipality's request to receive account funds under this 
section unless the eligible municipality:
(A)
enforces an ordinance that prohibits camping;
(B)
enforces an ordinance or other applicable state law prohibiting conduct that 
impedes or blocks traffic in violation of Subsection 
41-6a-1009
(4); and
(C)
demonstrates improvement in reducing the conduct described in Subsections 
(2)(g)(i)(A)
(2)(h)(i)(A)
 and (B).
(ii)
In determining whether an eligible municipality has demonstrated improvement 
under Subsection 
(2)(g)(i)(C), 
(2)(h)(i)(C), 
the board shall consider:
(A)
the specific measures taken by the municipality to reduce the conduct 
described in Subsections 
(2)(g)(i)(A)
(2)(h)(i)(A)
 and (B), and the 
effectiveness of those measures in reducing the conduct;
(B)
the strategies utilized by the municipality in managing and improving public 
spaces within the municipality, and the impact of these strategies on safety, 
cleanliness, and the well-being of the community; and
(C)
the gap between the number of individuals experiencing homelessness within 
the municipality and the availability of beds at homeless shelters to which the 
individuals experiencing homelessness have reasonable access, and any 
changes to this gap over time.
(iii)
The board may coordinate with the Department of Public Safety for the receipt 
of quantitative and qualitative data to determine compliance with applicable state 
and local laws.
(iv)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
and with the approval of the board, the office shall make rules establishing 
standards for the information required by an eligible municipality to demonstrate 
improvement under Subsection 
(2)(g)(i)(C)
(2)(h)(i)(C)
.
(h)
(i)
If the board approves an eligible municipality's request to receive account funds 
under Subsection 
(2)(f)
(2)(g)
, the office, subject to appropriation, shall calculate the 
amount of funds for disbursement to the eligible municipality under Subsection 
35A-16-402
(4).
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office shall make rules governing the process for calculating the amount of funds that an 
eligible municipality may receive under Subsection 
35A-16-402
(4).
Section 13, Section 
35A-16-501
 is amended to read:
5. Winter Response Task Force
35A-16-501. Definitions.
As used in this part:
(1)
"Applicable county" means a county of the first or second class.
(2)
"Applicable local homeless council" means the local homeless council that is 
responsible for coordinating homeless response within an applicable county.
(3)
"Board" means the Utah Homeless Services Board created in Section 
35A-16-204
.
(3)
"Capacity limit" means a limit as to the number of individuals that a homeless shelter 
may provide overnight shelter to under a conditional use permit.
(4)
"Chief executive officer" means the same as that term is defined in Section 
11-51-102
.
(5)
"Community location" means the same as that term is defined in Section 
10-8-41.6
.
(6)
(5)
"Conference of mayors" means an association consisting of the mayor of each 
municipality located within a county.
(7)
(6)
"Council of governments" means the same as that term is defined in Section 
72-2-117.5
.
(8)
(7)
"County winter response task force" or "task force" means a task force described in 
Section 
35A-16-501.5
.
(9)
"Homeless shelter" means a facility that:
(a)
provides temporary shelter to individuals experiencing homelessness;
(b)
operates year-round; and
(c)
is not subject to restrictions that limit the hours, days, weeks, or months of operation.
(10)
(8)
"Municipality" means a city or town.
(11)
"State facility" means the same as that term is defined in Section 
63A-5b-1001
.
(12)
"Subsequent winter response period" means the winter response period that begins on 
October 15 of the year in which a county winter response task force is required to submit 
a winter response plan to the office under Section 
35A-16-502
.
(13)
"Targeted winter response bed count" means the targeted bed count number for an 
applicable county during the winter response period, as determined jointly by the 
applicable local homeless council and the office.
(14)
(9)
"Temporary winter response shelter" means a facility that:
(a)
provides temporary emergency shelter to individuals experiencing homelessness 
during a winter response period; and
(b)
does not operate year-round.
(15)
(10)
"Winter response period" means the period beginning October 15 and ending 
April 30 of the following year.
(16)
"Winter response plan" means the plan described in Section 
35A-16-502
.
Section 14, Section 
35A-16-501.5
 is amended to read:
35A-16-501.5. County winter response task force.
(1)
Subject to the requirements of Section 
35A-16-502
, the
The
 council of governments of 
each applicable county shall annually convene a county winter response task force
 to 
advise and provide recommendations to the board concerning the needs of homeless 
individuals during a winter response period, including recommendations for site 
selection of a temporary winter response shelter
.
(2)
(a)
The task force for Salt Lake County shall consist of the following 14 voting 
members:
(i)
the chief executive officer of Salt Lake County, or the chief executive officer's 
designee;
(ii)
the chief executive officer, or the chief executive officer's designee, of each of the 
following 11 municipalities:
(A)
Draper;
(B)
Midvale;
(C)
Millcreek;
(D)
Murray;
(E)
Salt Lake City;
(F)
Sandy;
(G)
South Jordan;
(H)
South Salt Lake;
(I)
Taylorsville;
(J)
West Jordan; and
(K)
West Valley City; and
(iii)
the chief executive officer, or the chief executive officer's designee, of any two 
municipalities located in Salt Lake County that are not described in Subsection 
(2)(a)(ii), appointed by the conference of mayors of Salt Lake County.
(b)
A task force for an applicable county not described in Subsection (2)(a) shall consist 
of the following voting members:
(i)
the chief executive officer of the applicable county, or the chief executive officer's 
designee; and
(ii)
the chief executive officer, or the chief executive officer's designee, of a number 
of municipalities located in the applicable county that the conference of mayors of 
the applicable county considers to be appropriate, appointed by the conference of 
mayors of the applicable county.
(3)
In addition to the voting members required in Subsection (2), a task force shall include 
the following nonvoting members:
(a)
the coordinator, or the coordinator's designee;
(b)
one representative of the Utah League of Cities and Towns, appointed by the Utah 
League of Cities and Towns, or the representative's designee;
(c)
one representative of the Utah Association of Counties, appointed by the Utah 
Association of Counties, or the representative's designee;
(d)
two individuals experiencing homelessness or having previously experienced 
homelessness, appointed by the applicable local homeless council;
(e)
three representatives of the applicable local homeless council, appointed by the 
applicable local homeless council, or the representative's designee; and
(f)
any other individual appointed by the council of governments of the applicable 
county.
(4)
(a)
Any vacancy on a task force shall be filled in the same manner as the appointment 
of the member whose vacancy is being filled.
(b)
Each member of a task force shall serve until a successor is appointed.
(5)
A majority of the voting members of a task force constitutes a quorum and may act on 
behalf of the task force.
(6)
A task force shall:
(a)
select officers from the task force's members as the task force finds necessary; and
(b)
meet as necessary to effectively conduct the task force's business and duties as 
prescribed by statute.
(7)
A task force may establish one or more working groups as is deemed appropriate to 
assist on specific issues related to the task force's duties
, including a working group for 
site selection of temporary winter response shelters
.
(8)
(a)
A task force member may not receive compensation or benefits for the task force 
member's service.
(b)
A task force member may receive per diem and travel expenses in accordance with:
(i)
Section 
63A-3-106
;
(ii)
Section 
63A-3-107
; and
(iii)
rules made by the Division of Finance in accordance with Sections 
63A-3-106
and 
63A-3-107
.
(9)
The applicable county for which a task force is convened shall provide administrative 
support to the task force.
(10)
Meetings of the task force are not subject to Title 52, Chapter 4, Open and Public 
Meetings Act.
Section 15, Section 
35A-16-801
 is enacted to read:
8. Homeless Services Provider Program Requirements 
35A-16-801. Homeless services provider requirements -- Definitions -- Data 
collection -- Reporting -- Consequences of noncompliance.
(1)
As used in this part:
(a)
"Pathway to human dignity" means the framework by which homeless services 
offered and administered in the state are designed to assist individuals experiencing 
homelessness, including measurable services that assist in an individual's progress 
from past trauma and personal struggles to personal healing, transformation, and 
thriving.
(b)
"Struggling" means an individual who is experiencing homelessness is unable to 
meet the individual's basic needs, including food and shelter, and who may be 
experiencing trauma or other barriers in securing and maintaining stable housing with 
or without the assistance of supportive services.
(c)
"Surviving" means an individual who is experiencing homelessness is able to secure 
the individual's basic needs, including food and shelter, including temporary shelter, 
by relying upon supportive services.
(d)
"Thriving" means an individual who experienced homelessness is able to secure and 
support the individual's basic needs, including food and shelter and who is actively 
engaged in personal development and is experiencing a sense of purpose and 
fulfillment.
(2)
A service provider shall design and administer a homeless services program that 
recognizes a homeless individual's human dignity, as provided in Section 
35A-16-205
.
(3)
The services described in Subsection 
(2)
 shall include evidence-based and measurable 
services to assist in a client's progress and transition along the pathway of human dignity.
(4)
A service provider shall measure the progress and transition described in Subsection 
(3)
in areas that include:
(a)
daily living;
(b)
education;
(c)
emergency services;
(d)
employment;
(e)
housing;
(f)
income;
(g)
legal rights;
(h)
mental health;
(i)
personal fulfillment;
(j)
physical health;
(k)
social relationships; and
(l)
substance abuse.
(5)
(a)
A service provider shall ensure that the services provided to an individual 
experiencing homelessness, including tools and metrics used, preserve the 
individual's human dignity and capacity for growth.
(b)
A service provider may not use tools or other metrics to stigmatize, disadvantage, or 
arbitrarily score an individual or the services provided based upon the individual or 
the individual's type of homelessness.
(6)
All services and programs provided by the service provider under this section, including 
public health programs, harm-reduction services and programs, and trauma-informed 
care shall demonstrate alignment with innovative practices that measurably assist 
individuals in progressing along the pathway of human dignity.
(7)
No later than July 1 of each year, a service provider shall submit a written report to the 
office, for inclusion in the office's annual report described in Section 
35A-16-203
, on the 
data and measurable outcomes:
(a)
of the service provider's progress and implementation of the program requirements 
under this section; and
(b)
on each individual client's progress and transition described in Subsection 
(4)
 along 
the pathway to human dignity, including:
(i)
improvements in mental and behavioral health care;
(ii)
reduction or absence of illicit substance use;
(iii)
reduction in criminal activity; and
(iv)
engagement in employment or volunteerism.
(8)
The office shall, under the direction of the coordinator, in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, make rules establishing standards for 
the implementation, adaptation, and evaluation of the requirements under this section.
(9)
The coordinator may recommend to the board corrective measures, including funding 
adjustments, for service providers that fail to comply with the requirements under this 
section.
Section 16, Section 
35A-16-901
 is enacted to read:
9. Safety Requirements for Homeless Shelters
35A-16-901. Safety requirements for homeless shelters -- Requirements -- 
Prohibitions -- Enforcement and penalties.
(1)
As used in this part:
(a)
"Homeless shelter" means a facility that provides or is proposed to provide 
temporary shelter to individuals experiencing homelessness.
(b)
"Homeless shelter" includes a temporary winter response shelter, as that term is 
defined in Section 
35A-16-501
.
(2)
To ensure the safety and well-being of homeless shelter residents and staff, and the 
surrounding communities, a homeless shelter shall:
(a)
maintain a zero-tolerance policy within the premises of the homeless shelter on the 
use, possession, or distribution of an illegal drug;
(b)
develop and implement bag check procedures at points of entry and regular searches 
of personal belongings to ensure the premises of the homeless shelter remain free 
from prohibited items, including illegal drugs and weapons; and
(c)
cooperate with law enforcement, including:
(i)
providing an employee of a law enforcement agency access to the premises to 
conduct random checks for illegal drugs using trained K9 units, which shall be 
conducted at intervals determined by local law enforcement; or
(ii)
providing a client's name and identifying information to an employee of a law 
enforcement agency to the extent the disclosure is:
(A)
necessary to avoid a significant risk to public safety;
(B)
in aid of an ongoing investigation; or
(C)
as required by state or federal law.
(3)
A homeless shelter that fails to comply with this section may be assessed a penalty, 
including a fine, suspension of an operated license, or other penalties that may be 
assessed by the board or as provided for in state or federal law.
Section 17, Section 
58-37-8
 is amended to read:
58-37-8. Prohibited acts -- Penalties.
(1)
Prohibited acts A -- Penalties and reporting:
(a)
Except as authorized by this chapter, it is unlawful for a person to knowingly and 
intentionally:
(i)
produce, manufacture, or dispense, or to possess with intent to produce, 
manufacture, or dispense, a controlled or counterfeit substance;
(ii)
distribute a controlled or counterfeit substance, or to agree, consent, offer, or 
arrange to distribute a controlled or counterfeit substance;
(iii)
possess a controlled or counterfeit substance with intent to distribute; or
(iv)
engage in a continuing criminal enterprise where:
(A)
the person participates, directs, or engages in conduct that results in a 
violation of this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 
37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled 
Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a 
felony; and
(B)
the violation is a part of a continuing series of two or more violations of this 
chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation 
Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor 
Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are 
undertaken in concert with five or more persons with respect to whom the 
person occupies a position of organizer, supervisor, or any other position of 
management.
(b)
A person convicted of violating Subsection (1)(a) with respect to:
(i)
a substance or a counterfeit of a substance classified in Schedule I or II, a 
controlled substance analog, or gammahydroxybutyric acid as listed in Schedule 
III is guilty of a second degree felony, punishable by imprisonment for not more 
than 15 years, and upon a second or subsequent conviction is guilty of a first 
degree felony;
(ii)
a substance or a counterfeit of a substance classified in Schedule III or IV, or 
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree 
felony, and upon a second or subsequent conviction is guilty of a second degree 
felony; or
(iii)
a substance or a counterfeit of a substance classified in Schedule V is guilty of a 
class A misdemeanor and upon a second or subsequent conviction is guilty of a 
third degree felony.
(c)
(i)
Except as provided in Subsection (1)(c)(ii), a person who has been convicted of 
a violation of Subsection (1)(a)(ii) or (iii) may be sentenced to imprisonment for 
an indeterminate term as described in Subsection (1)(b) and 
Title 76, Chapter 3, 
Punishments
.
(ii)
The court shall impose an indeterminate prison term for a person who has been 
convicted of a violation of Subsection (1)(a)(ii) or (iii) that is a first degree felony 
or a second degree felony if the trier of fact finds beyond a reasonable doubt that, 
during the commission or furtherance of the violation, the person intentionally or 
knowingly:
(A)
used, drew, or exhibited a dangerous weapon, as that term is defined in 
Section 
76-10-501
, that is not a firearm, in an angry, threatening, intimidating, 
or coercive manner;
(B)
used a firearm or had a firearm readily accessible for immediate use, as those 
terms are defined in Section 
76-10-501
; or
(C)
distributed a firearm, as that term is defined in Section 
76-10-501
, or 
possessed a firearm with intent to distribute the firearm.
(iii)
Notwithstanding Subsection (1)(c)(ii), a court may suspend the indeterminate 
prison term for a person convicted under Subsection (1)(c)(ii) if the court:
(A)
details on the record the reasons why it is in the interests of justice not to 
impose the indeterminate prison term;
(B)
makes a finding on the record that the person does not pose a significant 
safety risk to the public; and
(C)
orders the person to complete the terms and conditions of supervised 
probation provided by the Department of Corrections.
(d)
(i)
A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree 
felony punishable by imprisonment for an indeterminate term of not less than:
(A)
seven years and which may be for life; or
(B)
15 years and which may be for life if the trier of fact determined that the 
defendant knew or reasonably should have known that any subordinate under 
Subsection (1)(a)(iv)(B) was under 18 years old.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(iii)
Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the 
offense, was under 18 years old.
(e)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (1)(a).
(2)
Prohibited acts B -- Penalties and reporting:
(a)
It is unlawful:
(i)
for a person knowingly and intentionally to possess or use a controlled substance 
analog or a controlled substance, unless it was obtained under a valid prescription 
or order, directly from a practitioner while acting in the course of the person's 
professional practice, or as otherwise authorized by this chapter;
(ii)
for an owner, tenant, licensee, or person in control of a building, room, tenement, 
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them 
to be occupied by persons unlawfully possessing, using, or distributing controlled 
substances in any of those locations; or
(iii)
for a person knowingly and intentionally to possess an altered or forged 
prescription or written order for a controlled substance.
(b)
A person convicted of violating Subsection (2)(a)(i) with respect to:
(i)
marijuana, if the amount is 100 pounds or more, is guilty of a second degree 
felony; or
(ii)
a substance classified in Schedule I or II, or a controlled substance analog, is 
guilty of a class A misdemeanor on a first or second conviction, and on a third or 
subsequent conviction if each prior offense was committed within seven years 
before the date of the offense upon which the current conviction is based is guilty 
of a third degree felony.
(c)
Upon a person's conviction of a violation of this Subsection (2) subsequent to a 
conviction under Subsection (1)(a), that person shall be sentenced to a one degree 
greater penalty than provided in this Subsection (2).
(d)
(i)
A person who violates Subsection (2)(a)(i) with respect to all other controlled 
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed 
in Section 
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor.
(i)
(ii)
Upon a third conviction the person is guilty of a class A misdemeanor, if each 
prior offense was committed within seven years before the date of the offense 
upon which the current conviction is based.
(ii)
(iii)
Upon a fourth or subsequent conviction the person is guilty of a third degree 
felony if each prior offense was committed within seven years before the date of 
the offense upon which the current conviction is based.
(e)
A person convicted of violating Subsection (2)(a)(i) while inside the exterior 
boundaries of property occupied by a correctional facility as defined in Section 
64-13-1
 or a public jail or other place of confinement shall be sentenced to a penalty 
one degree greater than provided in Subsection (2)(b), and if the conviction is with 
respect to controlled substances as listed in:
(i)
Subsection (2)(b), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and:
(A)
the court shall additionally sentence the person convicted to a term of one year 
to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
Subsection (2)(d), the person may be sentenced to imprisonment for an 
indeterminate term as provided by law, and the court shall additionally sentence 
the person convicted to a term of six months to run consecutively and not 
concurrently.
(f)
A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
(i)
on a first conviction, guilty of a class B misdemeanor;
(ii)
on a second conviction, guilty of a class A misdemeanor; and
(iii)
on a third or subsequent conviction, guilty of a third degree felony.
(g)
The Administrative Office of the Courts shall report to the Division of Professional 
Licensing the name, case number, date of conviction, and if known, the date of birth 
of each person convicted of violating Subsection (2)(a).
(3)
Prohibited acts C -- Penalties:
(a)
It is unlawful for a person knowingly and intentionally:
(i)
to use in the course of the manufacture or distribution of a controlled substance a 
license number which is fictitious, revoked, suspended, or issued to another 
person or, for the purpose of obtaining a controlled substance, to assume the title 
of, or represent oneself to be, a manufacturer, wholesaler, apothecary, physician, 
dentist, veterinarian, or other authorized person;
(ii)
to acquire or obtain possession of, to procure or attempt to procure the 
administration of, to obtain a prescription for, to prescribe or dispense to a person 
known to be attempting to acquire or obtain possession of, or to procure the 
administration of a controlled substance by misrepresentation or failure by the 
person to disclose receiving a controlled substance from another source, fraud, 
forgery, deception, subterfuge, alteration of a prescription or written order for a 
controlled substance, or the use of a false name or address;
(iii)
to make a false or forged prescription or written order for a controlled substance, 
or to utter the same, or to alter a prescription or written order issued or written 
under the terms of this chapter; or
(iv)
to make, distribute, or possess a punch, die, plate, stone, or other thing designed 
to print, imprint, or reproduce the trademark, trade name, or other identifying 
mark, imprint, or device of another or any likeness of any of the foregoing upon 
any drug or container or labeling so as to render a drug a counterfeit controlled 
substance.
(b)
(i)
A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A 
misdemeanor.
(ii)
A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third 
degree felony.
(c)
A violation of Subsection (3)(a)(iv) is a third degree felony.
(4)
Prohibited acts D -- Penalties:
(a)
Notwithstanding other provisions of this section, 
and except as provided in 
Subsection 
(4)(b)
, 
a person not authorized under this chapter who commits any act 
that is unlawful under Subsection (1)(a) or Section 
58-37b-4
 is upon conviction 
subject to the penalties and classifications under this Subsection (4) if the trier of fact 
finds the act is committed:
(i)
in a public or private elementary or secondary school or on the grounds of any of 
those schools during the hours of 6 a.m. through 10 p.m.;
(ii)
in a public or private vocational school or postsecondary institution or on the 
grounds of any of those schools or institutions during the hours of 6 a.m. through 
10 p.m.;
(iii)
in or on the grounds of a preschool or child-care facility during the preschool's or 
facility's hours of operation;
(iv)
in a public park, amusement park, arcade, or recreation center when the public or 
amusement park, arcade, or recreation center is open to the public;
(v)
in or on the grounds of a house of worship as defined in Section 
76-10-501
;
(vi)
in or on the grounds of a library when the library is open to the public;
(vii)
in a homeless shelter, a temporary winter response shelter as defined in Section 
35A-16-501
, a temporary homeless shelter as described in Title 35A, Chapter 16, 
Part 7, Code Blue Alert, or a permanent supportive housing facility that is licensed 
by the state in accordance with Title 26B, Chapter 2, Part 1, Human Services 
Programs and Facilities;
(vii)
(viii)
(A)
within an area that is within 100 feet of any structure, facility, or 
grounds included in Subsections (4)(a)(i) through 
(vi)
(vii); or 
(B)
300 feet of any shelter or facility described in Subsection 
(4)(a)(vii)
;
(viii)
(ix)
in the presence of a person younger than 18 years old, regardless of where 
the act occurs; or
(ix)
(x)
for the purpose of facilitating, arranging, or causing the transport, delivery, 
or distribution of a substance in violation of this section to an inmate or on the 
grounds of a correctional facility as defined in Section 
76-8-311.3
.
(b)
Subsection 
(4)(a)(viii)
 is limited to the distribution of a controlled or counterfeit 
substance as described in Subsection 
(1)(a)
 or Section 58-37b-4.
(b)
(c)
(i)
A person convicted under this Subsection (4) is guilty of a first degree 
felony and shall be imprisoned for a term of not less than five years if the penalty 
that would otherwise have been established but for this Subsection (4) would have 
been a first degree felony.
(ii)
Imposition or execution of the sentence may not be suspended, and the person is 
not eligible for probation.
(c)
(d)
If the classification that would otherwise have been established would have been 
less than a first degree felony but for this Subsection (4), a person convicted under 
this Subsection (4) is guilty of one degree more than the maximum penalty prescribed 
for that offense.
(d)
(e)
(i)
If the violation is of Subsection 
(4)(a)(ix)
(4)(a)(x)
:
(A)
the person may be sentenced to imprisonment for an indeterminate term as 
provided by law, and the court shall additionally sentence the person convicted 
for a term of one year to run consecutively and not concurrently; and
(B)
the court may additionally sentence the person convicted for an indeterminate 
term not to exceed five years to run consecutively and not concurrently; and
(ii)
the penalties under this Subsection (4)(d) apply also to a person who, acting with 
the mental state required for the commission of an offense, directly or indirectly 
solicits, requests, commands, coerces, encourages, or intentionally aids another 
person to commit a violation of Subsection 
(4)(a)(ix)
(4)(a)(x)
.
(e)
(f)
It is not a defense to a prosecution under this Subsection (4) that:
(i)
the actor mistakenly believed the individual to be 18 years old or older at the time 
of the offense or was unaware of the individual's true age; or
(ii)
the actor mistakenly believed that the location where the act occurred was not as 
described in Subsection (4)(a) or was unaware that the location where the act 
occurred was as described in Subsection (4)(a).
(5)
A violation of this chapter for which no penalty is specified is a class B misdemeanor.
(6)
(a)
For purposes of penalty enhancement under Subsections (1) and (2), a plea of 
guilty or no contest to a violation or attempted violation of this section or a plea 
which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the 
equivalent of a conviction, even if the charge has been subsequently reduced or 
dismissed in accordance with the plea in abeyance agreement.
(b)
A prior conviction used for a penalty enhancement under Subsection (2) shall be a 
conviction that is:
(i)
from a separate criminal episode than the current charge; and
(ii)
from a conviction that is separate from any other conviction used to enhance the 
current charge.
(7)
A person may be charged and sentenced for a violation of this section, notwithstanding 
a charge and sentence for a violation of any other section of this chapter.
(8)
(a)
A penalty imposed for violation of this section is in addition to, and not in lieu of, 
a civil or administrative penalty or sanction authorized by law.
(b)
When a violation of this chapter violates a federal law or the law of another state, 
conviction or acquittal under federal law or the law of another state for the same act 
is a bar to prosecution in this state.
(9)
In any prosecution for a violation of this chapter, evidence or proof that shows a person 
or persons produced, manufactured, possessed, distributed, or dispensed a controlled 
substance or substances, is prima facie evidence that the person or persons did so with 
knowledge of the character of the substance or substances.
(10)
This section does not prohibit a veterinarian, in good faith and in the course of the 
veterinarian's professional practice only and not for humans, from prescribing, 
dispensing, or administering controlled substances or from causing the substances to be 
administered by an assistant or orderly under the veterinarian's direction and supervision.
(11)
Civil or criminal liability may not be imposed under this section on:
(a)
a person registered under this chapter who manufactures, distributes, or possesses an 
imitation controlled substance for use as a placebo or investigational new drug by a 
registered practitioner in the ordinary course of professional practice or research;
(b)
a law enforcement officer acting in the course and legitimate scope of the officer's 
employment;
or
(c)
a healthcare facility, substance use harm reduction services program, or drug 
addiction treatment facility that temporarily possesses a controlled or counterfeit 
substance to conduct a test or analysis on the controlled or counterfeit substance to 
identify or analyze the strength, effectiveness, or purity of the substance for a public 
health or safety reason.
(12)
(a)
Civil or criminal liability may not be imposed under this section on any Indian, 
as defined in Section 
58-37-2
, who uses, possesses, or transports peyote for bona fide 
traditional ceremonial purposes in connection with the practice of a traditional Indian 
religion as defined in Section 
58-37-2
.
(b)
In a prosecution alleging violation of this section regarding peyote as defined in 
Section 
58-37-4
, it is an affirmative defense that the peyote was used, possessed, or 
transported by an Indian for bona fide traditional ceremonial purposes in connection 
with the practice of a traditional Indian religion.
(c)
(i)
The defendant shall provide written notice of intent to claim an affirmative 
defense under this Subsection (12) as soon as practicable, but not later than 10 
days before trial.
(ii)
The notice shall include the specific claims of the affirmative defense.
(iii)
The court may waive the notice requirement in the interest of justice for good 
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely 
notice.
(d)
The defendant shall establish the affirmative defense under this Subsection (12) by a 
preponderance of the evidence. If the defense is established, it is a complete defense 
to the charges.
(13)
(a)
It is an affirmative defense that the person produced, possessed, or administered 
a controlled substance listed in Section 
58-37-4.2
 if the person was:
(i)
engaged in medical research; and
(ii)
a holder of a valid license to possess controlled substances under Section 
58-37-6
.
(b)
It is not a defense under Subsection (13)(a) that the person prescribed or dispensed a 
controlled substance listed in Section 
58-37-4.2
.
(14)
It is an affirmative defense that the person possessed, in the person's body, a controlled 
substance listed in Section 
58-37-4.2
 if:
(a)
the person was the subject of medical research conducted by a holder of a valid 
license to possess controlled substances under Section 
58-37-6
; and
(b)
the substance was administered to the person by the medical researcher.
(15)
The application of any increase in penalty under this section to a violation of 
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. 
This Subsection (15) takes precedence over any conflicting provision of this section.
(16)
(a)
It is an affirmative defense to an allegation of the commission of an offense 
listed in Subsection (16)(b) that the person or bystander:
(i)
reasonably believes that the person or another person is experiencing an overdose 
event due to the ingestion, injection, inhalation, or other introduction into the 
human body of a controlled substance or other substance;
(ii)
reports, or assists a person who reports, in good faith the overdose event to a 
medical provider, an emergency medical service provider as defined in Section 
53-2d-101
, a law enforcement officer, a 911 emergency call system, or an 
emergency dispatch system, or the person is the subject of a report made under 
this Subsection (16);
(iii)
provides in the report under Subsection (16)(a)(ii) a functional description of the 
actual location of the overdose event that facilitates responding to the person 
experiencing the overdose event;
(iv)
remains at the location of the person experiencing the overdose event until a 
responding law enforcement officer or emergency medical service provider 
arrives, or remains at the medical care facility where the person experiencing an 
overdose event is located until a responding law enforcement officer arrives;
(v)
cooperates with the responding medical provider, emergency medical service 
provider, and law enforcement officer, including providing information regarding 
the person experiencing the overdose event and any substances the person may 
have injected, inhaled, or otherwise introduced into the person's body; and
(vi)
is alleged to have committed the offense in the same course of events from which 
the reported overdose arose.
(b)
The offenses referred to in Subsection (16)(a) are:
(i)
the possession or use of less than 16 ounces of marijuana;
(ii)
the possession or use of a scheduled or listed controlled substance other than 
marijuana; and
(iii)
any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, 
Imitation Controlled Substances Act.
(c)
As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not 
include seeking medical assistance under this section during the course of a law 
enforcement agency's execution of a search warrant, execution of an arrest warrant, 
or other lawful search.
(17)
If any provision of this chapter, or the application of any provision to any person or 
circumstances, is held invalid, the remainder of this chapter shall be given effect without 
the invalid provision or application.
(18)
A legislative body of a political subdivision may not enact an ordinance that is less 
restrictive than any provision of this chapter.
(19)
If a minor who is under 18 years old is found by a court to have violated this section or 
Subsection 
76-5-102.1
(2)(b) or 
76-5-207
(2)(b), the court may order the minor to 
complete:
(a)
a screening as defined in Section 
41-6a-501
;
(b)
an assessment as defined in Section 
41-6a-501
 if the screening indicates an 
assessment to be appropriate; and
(c)
an educational series as defined in Section 
41-6a-501
 or substance use disorder 
treatment as indicated by an assessment.
Section 18, 
Repealer.
County noncompliance with winter response plan requirements.
Rules.
Winter response plan required -- Contents -- Review -- 
Consequences after determination of noncompliance.
Section 19. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-24-25 3:11 PM