Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 394 (2025GS)

Sponsor

Rep. Teuscher, Jordan D.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes certain statements of legislative intent and statutory interpretation;
• restates, modifies, replaces, or recharacterizes certain provisions that are stated in the form of legislative intent; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

197
7-17-1
10-1-101
10-6-102
17-19a-206
17B-2a-1002
19-3-302
19-3-318
26B-5-502
26B-9-102
26B-9-202
31A-22-305
31A-22-305.3
32B-14-101
34A-6-102
35A-8-301
35A-8-310
35A-8-1602
35A-8-1701
35A-8-1703
35A-8-1704
53B-8a-114
53B-9-101
53E-4-301.5
54-5-1.5
59-12-202
59-12-701
59-12-1401
63A-3-104
63G-2-102
63N-1a-305
64-9b-5
64-13a-2
67-16-2
72-5-201
73-10-1
77-37-1
78B-6-102
0
Statutory Intent Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill modifies or removes provisions relating to legislative intent and statutory 
interpretation.
Highlighted Provisions:
This bill:
removes certain statements of legislative intent and statutory interpretation;
restates, modifies, replaces, or recharacterizes certain provisions that are stated in the 
form of legislative intent; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
7-17-1
, as enacted by Laws of Utah 1979, Chapter 124
17-19a-206
, as last amended by Laws of Utah 2023, Chapter 178
17B-2a-1002
, as enacted by Laws of Utah 2007, Chapter 329
19-3-302
, as last amended by Laws of Utah 2011, Chapter 297
19-3-318
, as enacted by Laws of Utah 1999, Chapter 190
26B-9-202
, as last amended by Laws of Utah 2024, Chapter 366
31A-22-305
, as last amended by Laws of Utah 2024, Chapter 158
31A-22-305.3
, as last amended by Laws of Utah 2024, Chapter 158
32B-14-101
, as enacted by Laws of Utah 2010, Chapter 276
35A-8-301
, as last amended by Laws of Utah 2021, Chapter 339
35A-8-310
, as enacted by Laws of Utah 2021, Chapter 339 and further amended by 
Revisor Instructions, Laws of Utah 2021, Chapter 339
35A-8-1602
, as last amended by Laws of Utah 2013, Chapter 400
35A-8-1703
, as last amended by Laws of Utah 2019, Chapter 136
35A-8-1704
, as last amended by Laws of Utah 2019, Chapter 136
53B-9-101
, as last amended by Laws of Utah 2021, Chapter 203
53E-4-301.5
, as last amended by Laws of Utah 2019, Chapter 186
54-5-1.5
, as last amended by Laws of Utah 2023, Chapter 23
59-12-202
, as last amended by Laws of Utah 1994, Chapter 259
59-12-701
, as last amended by Laws of Utah 2020, Chapter 419
59-12-1401
, as last amended by Laws of Utah 2004, Chapter 317
63A-3-104
, as last amended by Laws of Utah 2016, Chapter 298
63N-1a-305
, as renumbered and amended by Laws of Utah 2021, Chapter 282
64-9b-5
, as last amended by Laws of Utah 1997, Chapter 158
64-13a-2
, as enacted by Laws of Utah 1985, Chapter 201
72-5-201
, as renumbered and amended by Laws of Utah 1998, Chapter 270
73-10-1
, as last amended by Laws of Utah 2020, Chapter 354
77-37-1
, as enacted by Laws of Utah 1987, Chapter 194
78B-6-102
, as last amended by Laws of Utah 2019, Chapter 335
REPEALS:
10-1-101
, as enacted by Laws of Utah 1977, Chapter 48
10-6-102
, as enacted by Laws of Utah 1979, Chapter 26
26B-5-502
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-9-102
, as renumbered and amended by Laws of Utah 2023, Chapter 305
34A-6-102
, as renumbered and amended by Laws of Utah 1997, Chapter 375
35A-8-1701
, as last amended by Laws of Utah 2019, Chapter 136
53B-8a-114
, as enacted by Laws of Utah 1996, Second Special Session, Chapters 4, 4
63G-2-102
, as renumbered and amended by Laws of Utah 2008, Chapter 382
67-16-2
, as last amended by Laws of Utah 1989, Chapter 147
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
7-17-1
 is amended to read:
7-17-1
. Effect of act.
It is the intent of the Legislature that the
The
 provisions of this act govern the rights, 
duties and liabilities of borrowers and lenders with respect to reserve accounts established 
before and after the effective date of this act.
Section 2, Section 
17-19a-206
 is amended to read:
17-19a-206
. Performance audit services.
(1)
In a county of the first class, the county auditor shall conduct a performance audit:
(a)
as the county auditor deems appropriate, taking into account:
(i)
the standards of the profession;
(ii)
the county auditor's professional judgment; and
(iii)
the county auditor's assessment of risk and materiality; or
(b)
as requested and engaged by the county legislative body or county executive, in 
accordance with the following:
(i)
the county legislative body or county executive shall establish the goals and nature 
of the performance audit;
(ii)
the county auditor shall conduct the audit in a manner consistent with the county 
auditor's professional judgment and statutory duties; and
(iii)
the county legislative body or county executive and the county auditor shall 
agree upon the prioritization and timing of the performance audit, with terms that 
are consistent with the county auditor's statutory duties and available resources.
(2)
(a)
In a county of the second through sixth class, the county auditor shall conduct a 
performance audit under the direction and supervision of the county legislative body 
or county executive.
(b)
The county legislative body or county executive shall establish the goals and nature 
of a performance audit conducted under Subsection 
(2)(a)
.
(3)
A performance audit conducted under this section may include an assessment of the 
following:
(a)
the honesty and integrity of financial and other affairs;
(b)
the accuracy and reliability of financial and management reports;
(c)
the adequacy of financial controls to safeguard public funds;
(d)
the management and staff adherence to statute, ordinance, 
and 
policies
, and 
legislative intent
;
(e)
the economy, efficiency, and effectiveness of operational performance;
(f)
the accomplishment of intended objectives; and
(g)
whether management, financial, and information systems are adequate and effective.
Section 3, Section 
17B-2a-1002
 is amended to read:
17B-2a-1002
. Purpose of water conservancy districts.
(1)
It is the 
intent of the Legislature and the 
policy of the state to:
(a)
provide for the conservation and development of the water and land resources of the 
state;
(b)
provide for the greatest beneficial use of water within the state;
(c)
control and make use of all unappropriated waters in the state and to apply those 
waters to direct and supplemental beneficial uses including domestic, manufacturing, 
irrigation, and power;
(d)
obtain from water in the state the highest duty for domestic uses and irrigation of 
lands in the state within the terms of applicable interstate compacts and other law;
(e)
cooperate with the United States and its agencies under federal reclamation or other 
laws and to construct, finance, operate, and maintain works in the state; and
(f)
promote the greater prosperity and general welfare of the people of the state by 
encouraging the organization of water conservancy districts.
(2)
The creation and operation of water conservancy districts are a public use to help 
accomplish the 
intent and 
policy stated in Subsection 
(1)
 and will:
(a)
be essentially for the benefit and advantage of the people of the state;
(b)
indirectly benefit all industries of the state;
(c)
indirectly benefit the state by increasing the value of taxable property in the state;
(d)
directly benefit municipalities by providing adequate supplies of water for domestic 
use;
(e)
directly benefit lands to be irrigated or drained;
(f)
directly benefit lands now under irrigation by stabilizing the flow of water in streams 
and by increasing flow and return flow of water to those streams; and
(g)
promote the comfort, safety, and welfare of the people of the state.
Section 4, Section 
19-3-302
 is amended to read:
19-3-302
. Legislative assertions and findings.
(1)
(a)
The state
 enacts this part to prevent 
:
(i)
asserts a right and interest to prevent 
the placement of any high-level nuclear 
waste or greater than class C radioactive waste in Utah
. The state also 
; and
(ii)
recognizes that high-level nuclear waste or greater than class C radioactive waste 
may be placed within the exterior boundaries of the state, pursuant to a license 
from the federal government, or by the federal government itself, in violation of 
this state law.
(b)
Due to this possibility, the state also 
enacts provisions in this part to regulate
asserts 
an interest in regulating
 transportation, transfer, storage, decay in storage, treatment, 
and disposal of any high-level nuclear waste and greater than class C radioactive 
waste in Utah, thereby asserting and protecting the state's interests in environmental 
and economic resources consistent with 42 U.S.C.A. 
Sec. 
2011 et seq., Atomic 
Energy Act and 42 U.S.C.A. 
Sec. 
10101 et seq., Nuclear Waste Policy Act, should 
the federal government decide to authorize any entity to operate, or operate itself, in 
violation of this state law.
(2)
Neither
The state finds that
 the Atomic Energy Act nor the Nuclear Waste Policy Act 
provides for siting a large privately owned high-level nuclear waste transfer, storage, 
decay in storage, or treatment facility away from the vicinity of the reactors. The 
Atomic Energy Act and the Nuclear Waste Policy Act specifically define authorized 
storage and disposal programs and activities. The state in enacting this part is not 
preempted by federal law, since any proposed facilities that would be sited in Utah are 
not contemplated or authorized by federal law and, in any circumstance, this part is not 
contrary to or inconsistent with federal law or congressional intent.
(3)
The state has environmental and economic interests which do not involve nuclear safety 
regulation, and which shall be considered and complied with in siting a high-level 
nuclear waste or greater than class C radioactive waste transfer, storage, decay in 
storage, treatment, or disposal facility and in transporting these wastes in the state.
(4)
An additional primary purpose of this part is to ensure protection of
The state also 
asserts an interest in protecting
 the state from nonradiological hazards associated with 
any waste transportation, transfer, storage, decay in storage, treatment, or disposal.
(5)
The state recognizes the sovereign rights of Indian tribes within the state. However, any 
proposed transfer, storage, decay in storage, treatment, or disposal facility located on a 
reservation which directly affects and impacts state interests by creating off-reservation 
effects such as potential or actual degradation of soils and groundwater, potential or 
actual contamination of surface water, pollution of the ambient air, emergency planning 
costs, impacts on development, agriculture, and ranching, and increased transportation 
activity, is subject to state jurisdiction.
(6)
There is no tradition of regulation by the Indian tribes in Utah of high-level nuclear 
waste or higher than class C radioactive waste. The state does have a long history of 
regulation of radioactive sources and natural resources and in the transfer, storage, 
treatment, and transportation of materials and wastes throughout the state. The state 
finds that its interests are even greater when nonmembers of an Indian tribe propose to 
locate a facility on tribal trust lands primarily to avoid state regulation and state 
authorities under federal law.
(7)
(a)
This part 
is not intended to
does not
 modify existing state requirements for 
obtaining environmental approvals, permits, and licenses, including surface and 
groundwater permits and air quality permits, when the permits are necessary under 
state and federal law to construct and operate a high-level nuclear waste or greater 
than class C radioactive waste transfer, storage, decay in storage, treatment, or 
disposal facility.
(b)
Any source of air pollution proposed to be located within the state, including sources 
located within the boundaries of an Indian reservation, which will potentially or 
actually have a direct and significant impact on ambient air within the state, is 
required to obtain an approval order and permit from the state under Section 
19-2-108
.
(c)
Any facility which will potentially or actually have a significant impact on the state's 
surface or groundwater resources is required to obtain a permit under Section 
19-5-107
 even if located within the boundaries of an Indian reservation.
(8)
The state finds that the transportation, transfer, storage, decay in storage, treatment, and 
disposal of high-level nuclear waste and greater than class C radioactive waste within 
the state is an ultra-hazardous activity which carries with it the risk that any release of 
waste may result in enormous economic and human injury.
Section 5, Section 
19-3-318
 is amended to read:
19-3-318
. No limitation of liability regarding businesses involved in high level 
radioactive waste.
(1)
As used in this section:
(a)
"Controlling interest" means:
(i)
the direct or indirect possession of the power to direct or cause the direction of the 
management and policies of an organization, whether through the ownership of 
voting interests, by contract, or otherwise; or
(ii)
the direct or indirect possession of a 10% or greater equity interest in an 
organization.
(b)
"Equity interest holder" means a shareholder, member, partner, limited partner, trust 
beneficiary, or other person whose interest in an organization:
(i)
is in the nature of an ownership interest;
(ii)
entitles the person to participate in the profits and losses of the organization; or
(iii)
is otherwise of a type generally considered to be an equity interest.
(c)
"Organization" means a corporation, limited liability company, partnership, limited 
partnership, limited liability partnership, joint venture, consortium, association, trust, 
or other entity formed to undertake an enterprise or activity, whether or not for profit.
(d)
"Parent organization" means an organization with a controlling interest in another 
organization.
(e)
(i)
"Subject activity" means:
(A)
to arrange for or engage in the transportation or transfer of high level nuclear 
waste or greater than class C radioactive waste to or from a storage facility in 
the state; or
(B)
to arrange for or engage in the operation or maintenance of a storage facility 
or a transfer facility for that waste.
(ii)
"Subject activity" does not include the transportation of high level nuclear waste 
or greater than class C radioactive waste by a class I railroad that was doing 
business in the state as a common or contract carrier by rail prior to January 1, 
1999.
(f)
"Subsidiary organization" means an organization in which a parent organization has a 
controlling interest.
(2)
(a)
The Legislature enacts this section because of the state's compelling interest in the 
transportation, transfer, and storage of high level nuclear waste and greater than class 
C radioactive waste in this state.
 Legislative 
intent
findings and assertions
supporting this section 
is
are
 further described in Section 
19-3-302
.
(b)
Limited 
The state finds that:
(i)
liability for equity interest holders is a privilege, not a right, under the law and is 
meant to benefit the state and its citizens
. An 
;
(ii)
an 
organization engaging in subject activities has significant potential to affect 
the health, welfare, or best interests of the state and should not have limited 
liability for its equity interest holders
. To shield
; and
(iii)
shielding
 equity interest holders from the debts and obligations of an 
organization engaged in subject activities would have the effect of attracting 
capital to enterprises whose goals are contrary to the state's interests.
(c)
This section 
has the intent of revoking 
revokes 
any and all statutory and common 
law grants of limited liability for an equity interest holder of an organization that 
chooses to engage in a subject activity in this state.
(d)
This section shall be interpreted liberally to allow the greatest possible lawful 
recourse against an equity interest holder of an organization engaged in a subject 
activity in this state for the debts and liabilities of that organization.
(e)
(d)
This section does not reduce or affect any liability limitation otherwise granted 
to an organization by Utah law if that organization is not engaged in a subject activity 
in this state.
(3)
Notwithstanding any law to the contrary, if a domestic or foreign organization engages 
in a subject activity in this state, no equity interest holder of that organization enjoys any 
shield or limitation of liability for the acts, omissions, debts, and obligations of the 
organization incurred in this state. Each equity interest holder of the organization is 
strictly and jointly and severally liable for all these obligations.
(4)
Notwithstanding any law to the contrary, each officer and director of an organization 
engaged in a subject activity in this state is individually liable for the acts, omissions, 
debts, and obligations of the organization incurred in this state.
(5)
(a)
Notwithstanding any law to the contrary, if a subsidiary organization is engaged in 
a subject activity in this state, 
then 
each parent organization of the subsidiary is also 
considered to be engaged in a subject activity in this state. Each parent organization's 
equity interest holders and officers and directors are subject to this section to the 
same degree as the subsidiary's equity interest holders and officers and directors.
(b)
Subsection 
(5)(a)
 applies regardless of the number of parent organizations through 
which the controlling interest passes in the relationship between the subsidiary and 
the ultimate parent organization that controls the subsidiary.
(6)
This section does not excuse or modify the requirements imposed upon an applicant for 
a license by Subsection 
19-3-306(9)
.
Section 6, Section 
26B-9-202
 is amended to read:
26B-9-202
. Common-law and statutory remedies augmented by act.
(1)
The state of Utah, exercising its police and sovereign power, declares that the 
common-law and statutory remedies pertaining to family desertion and nonsupport of 
children shall be augmented by this part, which is directed to the real and personal 
property resources of the responsible parents. 
(2)
In order to render resources more immediately available to meet the needs of children, 
it is the legislative intent that the
The
 remedies provided in this part are in addition to, 
and not in lieu of, existing law. 
(3)
 It is declared to be the public policy of this state that this part be liberally construed 
and administered to the end that children shall be maintained from the resources of 
responsible parents, thereby relieving or avoiding, at least in part, the burden often borne 
by the general citizenry through public assistance programs.
Section 7, Section 
31A-22-305
 is amended to read:
31A-22-305
. Uninsured motorist coverage.
(1)
As used in this section, "covered persons" includes:
(a)
the named insured;
(b)
for a claim arising on or after May 13, 2014, the named insured's dependent minor 
children;
(c)
persons related to the named insured by blood, marriage, adoption, or guardianship, 
who are residents of the named insured's household, including those who usually 
make their home in the same household but temporarily live elsewhere;
(d)
any person occupying or using a motor vehicle:
(i)
referred to in the policy; or
(ii)
owned by a self-insured; and
(e)
any person who is entitled to recover damages against the owner or operator of the 
uninsured or underinsured motor vehicle because of bodily injury to or death of 
persons under Subsection (1)(a), (b), (c), or (d).
(2)
As used in this section, "uninsured motor vehicle" includes:
(a)
(i)
a motor vehicle, the operation, maintenance, or use of which is not covered 
under a liability policy at the time of an injury-causing occurrence; or
(ii)
(A)
a motor vehicle covered with lower liability limits than required by Section 
31A-22-304
; and
(B)
the motor vehicle described in Subsection (2)(a)(ii)(A) is uninsured to the 
extent of the deficiency;
(b)
an unidentified motor vehicle that left the scene of an accident proximately caused 
by the motor vehicle operator;
(c)
a motor vehicle covered by a liability policy, but coverage for an accident is disputed 
by the liability insurer for more than 60 days or continues to be disputed for more 
than 60 days; or
(d)
(i)
an insured motor vehicle if, before or after the accident, the liability insurer of 
the motor vehicle is declared insolvent by a court of competent jurisdiction; and
(ii)
the motor vehicle described in Subsection (2)(d)(i) is uninsured only to the extent 
that the claim against the insolvent insurer is not paid by a guaranty association or 
fund.
(3)
Uninsured motorist coverage under Subsection 
31A-22-302
(1)(b) provides coverage for 
covered persons who are legally entitled to recover damages from owners or operators 
of uninsured motor vehicles because of bodily injury, sickness, disease, or death.
(4)
(a)
For new policies written on or after January 1, 2001, the limits of uninsured 
motorist coverage shall be equal to the lesser of the limits of the named insured's 
motor vehicle liability coverage or the maximum uninsured motorist coverage limits 
available by the insurer under the named insured's motor vehicle policy, unless a 
named insured rejects or purchases coverage in a lesser amount by signing an 
acknowledgment form that:
(i)
is filed with the department;
(ii)
is provided by the insurer;
(iii)
waives the higher coverage;
(iv)
need only state in this or similar language that uninsured motorist coverage 
provides benefits or protection to you and other covered persons for bodily injury 
resulting from an accident caused by the fault of another party where the other 
party has no liability insurance; and
(v)
discloses the additional premiums required to purchase uninsured motorist 
coverage with limits equal to the lesser of the limits of the named insured's motor 
vehicle liability coverage or the maximum uninsured motorist coverage limits 
available by the insurer under the named insured's motor vehicle policy.
(b)
Any selection or rejection under this Subsection (4) continues for that issuer of the 
liability coverage until the insured requests, in writing, a change of uninsured 
motorist coverage from that liability insurer.
(c)
(i)
Subsections (4)(a) and (b) apply retroactively to any claim arising on or after 
January 1, 2001, for which, as of May 14, 2013, an insured has not made a written 
demand for arbitration or filed a complaint in a court of competent jurisdiction.
(ii)
The Legislature finds that the retroactive application of Subsections (4)(a) and (b) 
clarifies 
legislative intent
the application of law
 and does not enlarge, eliminate, 
or destroy vested rights.
(d)
For purposes of this Subsection (4), "new policy" means:
(i)
any policy that is issued which does not include a renewal or reinstatement of an 
existing policy; or
(ii)
a change to an existing policy that results in:
(A)
a named insured being added to or deleted from the policy; or
(B)
a change in the limits of the named insured's motor vehicle liability coverage.
(e)
(i)
As used in this Subsection (4)(e), "additional motor vehicle" means a change 
that increases the total number of vehicles insured by the policy, and does not 
include replacement, substitute, or temporary vehicles.
(ii)
The adding of an additional motor vehicle to an existing personal lines or 
commercial lines policy does not constitute a new policy for purposes of 
Subsection (4)(d).
(iii)
If an additional motor vehicle is added to a personal lines policy where uninsured 
motorist coverage has been rejected, or where uninsured motorist limits are lower 
than the named insured's motor vehicle liability limits, the insurer shall provide a 
notice to a named insured within 30 days that:
(A)
in the same manner as described in Subsection (4)(a)(iv), explains the purpose 
of uninsured motorist coverage; and
(B)
encourages the named insured to contact the insurance company or insurance 
producer for quotes as to the additional premiums required to purchase 
uninsured motorist coverage with limits equal to the lesser of the limits of the 
named insured's motor vehicle liability coverage or the maximum uninsured 
motorist coverage limits available by the insurer under the named insured's 
motor vehicle policy.
(f)
A change in policy number resulting from any policy change not identified under 
Subsection (4)(d)(ii) does not constitute a new policy.
(g)
(i)
Subsection (4)(d) applies retroactively to any claim arising on or after January 
1, 2001, for which, as of May 1, 2012, an insured has not made a written demand 
for arbitration or filed a complaint in a court of competent jurisdiction.
(ii)
The Legislature finds that the retroactive application of Subsection (4):
(A)
does not enlarge, eliminate, or destroy vested rights; and
(B)
clarifies 
legislative intent
the application of law
.
(h)
A self-insured, including a governmental entity, may elect to provide uninsured 
motorist coverage in an amount that is less than its maximum self-insured retention 
under Subsections (4)(a) and (5)(a) by issuing a declaratory memorandum or policy 
statement from the chief financial officer or chief risk officer that declares the:
(i)
self-insured entity's coverage level; and
(ii)
process for filing an uninsured motorist claim.
(i)
Uninsured motorist coverage may not be sold with limits that are less than the 
minimum bodily injury limits for motor vehicle liability policies under Section 
31A-22-304
.
(j)
The acknowledgment under Subsection (4)(a) continues for that issuer of the 
uninsured motorist coverage until the named insured requests, in writing, different 
uninsured motorist coverage from the insurer.
(k)
(i)
In conjunction with the first two renewal notices sent after January 1, 2001, for 
policies existing on that date, the insurer shall disclose in the same medium as the 
premium renewal notice, an explanation of:
(A)
the purpose of uninsured motorist coverage in the same manner as described 
in Subsection (4)(a)(iv); and
(B)
a disclosure of the additional premiums required to purchase uninsured 
motorist coverage with limits equal to the lesser of the limits of the named 
insured's motor vehicle liability coverage or the maximum uninsured motorist 
coverage limits available by the insurer under the named insured's motor 
vehicle policy.
(ii)
The disclosure required under Subsection (4)(k)(i) shall be sent to all named 
insureds that carry uninsured motorist coverage limits in an amount less than the 
named insured's motor vehicle liability policy limits or the maximum uninsured 
motorist coverage limits available by the insurer under the named insured's motor 
vehicle policy.
(l)
For purposes of this Subsection (4), a notice or disclosure sent to a named insured in 
a household constitutes notice or disclosure to all insureds within the household.
(5)
(a)
(i)
Except as provided in Subsection (5)(b), the named insured may reject 
uninsured motorist coverage by an express writing to the insurer that provides 
liability coverage under Subsection 
31A-22-302
(1)(a).
(ii)
This rejection shall be on a form provided by the insurer that includes a 
reasonable explanation of the purpose of uninsured motorist coverage.
(iii)
This rejection continues for that issuer of the liability coverage until the insured 
in writing requests uninsured motorist coverage from that liability insurer.
(b)
(i)
All persons, including governmental entities, that are engaged in the business 
of, or that accept payment for, transporting natural persons by motor vehicle, and 
all school districts that provide transportation services for their students, shall 
provide coverage for all motor vehicles used for that purpose, by purchase of a 
policy of insurance or by self-insurance, uninsured motorist coverage of at least 
$25,000 per person and $500,000 per accident.
(ii)
This coverage is secondary to any other insurance covering an injured covered 
person.
(c)
Uninsured motorist coverage:
(i)
in order to avoid double recovery, does not cover any benefit under Title 34A, 
Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah 
Occupational Disease Act, provided by the workers' compensation insurance 
carrier, uninsured employer, the Uninsured Employers' Fund created in Section 
34A-2-704
, or the Employers' Reinsurance Fund created in Section 
34A-2-702
, 
except that:
(A)
the covered person is credited an amount described in Subsection 
34A-2-106(5)
; and
(B)
the benefits described in this Subsection 
(5)(c)
(i) do not need to be paid before 
an uninsured motorist claim may be pursued and resolved;
(ii)
may not be subrogated by the workers' compensation insurance carrier, uninsured 
employer, the Uninsured Employers' Fund created in Section 
34A-2-704
, or the 
Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iii)
may not be reduced by any benefits provided by the workers' compensation 
insurance carrier, uninsured employer, the Uninsured Employers' Fund created in 
Section 
34A-2-704
, or the Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iv)
notwithstanding Subsection 
31A-1-103
(3)(f), may be reduced by health 
insurance subrogation only after the covered person has been made whole;
(v)
may not be collected for bodily injury or death sustained by a person:
(A)
while committing a violation of Section 
41-1a-1314
;
(B)
who, as a passenger in a vehicle, has knowledge that the vehicle is being 
operated in violation of Section 
41-1a-1314
; or
(C)
while committing a felony; and
(vi)
notwithstanding Subsection (5)(c)(v), may be recovered:
(A)
for a person under 18 years old who is injured within the scope of Subsection 
(5)(c)(v) but limited to medical and funeral expenses; or
(B)
by a law enforcement officer as defined in Section 
53-13-103
, who is injured 
within the course and scope of the law enforcement officer's duties.
(d)
As used in this Subsection (5), "motor vehicle" means the same as that term is 
defined in Section 
41-1a-102
.
(6)
When a covered person alleges that an uninsured motor vehicle under Subsection (2)(b) 
proximately caused an accident without touching the covered person or the motor 
vehicle occupied by the covered person, the covered person shall show the existence of 
the uninsured motor vehicle by clear and convincing evidence consisting of more than 
the covered person's testimony.
(7)
(a)
The limit of liability for uninsured motorist coverage for two or more motor 
vehicles may not be added together, combined, or stacked to determine the limit of 
insurance coverage available to an injured person for any one accident.
(b)
(i)
Subsection (7)(a) applies to all persons except a covered person as defined 
under Subsection (8)(b).
(ii)
A covered person as defined under Subsection (8)(b)(ii) is entitled to the highest 
limits of uninsured motorist coverage afforded for any one motor vehicle that the 
covered person is the named insured or an insured family member.
(iii)
This coverage shall be in addition to the coverage on the motor vehicle the 
covered person is occupying.
(iv)
Neither the primary nor the secondary coverage may be set off against the other.
(c)
Coverage on a motor vehicle occupied at the time of an accident shall be primary 
coverage, and the coverage elected by a person described under Subsections (1)(a) 
through (c) shall be secondary coverage.
(8)
(a)
Uninsured motorist coverage under this section applies to bodily injury, sickness, 
disease, or death of covered persons while occupying or using a motor vehicle only if 
the motor vehicle is described in the policy under which a claim is made, or if the 
motor vehicle is a newly acquired or replacement motor vehicle covered under the 
terms of the policy. Except as provided in Subsection (7) or this Subsection (8), a 
covered person injured in a motor vehicle described in a policy that includes 
uninsured motorist benefits may not elect to collect uninsured motorist coverage 
benefits from any other motor vehicle insurance policy under which the person is a 
covered person.
(b)
Each of the following persons may also recover uninsured motorist benefits under 
any one other policy in which they are described as a "covered person" as defined in 
Subsection (1):
(i)
a covered person injured as a pedestrian by an uninsured motor vehicle; and
(ii)
except as provided in Subsection (8)(c), a covered person injured while 
occupying or using a motor vehicle that is not owned, leased, or furnished:
(A)
to the covered person;
(B)
to the covered person's spouse; or
(C)
to the covered person's resident parent or resident sibling.
(c)
(i)
A covered person may recover benefits from no more than two additional 
policies, one additional policy from each parent's household if the covered person 
is:
(A)
a dependent minor of parents who reside in separate households; and
(B)
injured while occupying or using a motor vehicle that is not owned, leased, or 
furnished:
(I)
to the covered person;
(II)
to the covered person's resident parent; or
(III)
to the covered person's resident sibling.
(ii)
Each parent's policy under this Subsection (8)(c) is liable only for the percentage 
of the damages that the limit of liability of each parent's policy of uninsured 
motorist coverage bears to the total of both parents' uninsured coverage applicable 
to the accident.
(d)
A covered person's recovery under any available policies may not exceed the full 
amount of damages.
(e)
A covered person in Subsection (8)(b) is not barred against making subsequent 
elections if recovery is unavailable under previous elections.
(f)
(i)
As used in this section, "interpolicy stacking" means recovering benefits for a 
single incident of loss under more than one insurance policy.
(ii)
Except to the extent permitted by Subsection (7) and this Subsection (8), 
interpolicy stacking is prohibited for uninsured motorist coverage.
(9)
(a)
When a claim is brought by a named insured or a person described in Subsection 
(1) and is asserted against the covered person's uninsured motorist carrier, the 
claimant may elect to resolve the claim:
(i)
by submitting the claim to binding arbitration; or
(ii)
through litigation.
(b)
Unless otherwise provided in the policy under which uninsured benefits are claimed, 
the election provided in Subsection (9)(a) is available to the claimant only, except 
that if the policy under which insured benefits are claimed provides that either an 
insured or the insurer may elect arbitration, the insured or the insurer may elect 
arbitration and that election to arbitrate shall stay the litigation of the claim under 
Subsection (9)(a)(ii).
(c)
Once the claimant has elected to commence litigation under Subsection (9)(a)(ii), the 
claimant may not elect to resolve the claim through binding arbitration under this 
section without the written consent of the uninsured motorist carrier.
(d)
For purposes of the statute of limitations applicable to a claim described in 
Subsection (9)(a), if the claimant does not elect to resolve the claim through 
litigation, the claim is considered filed when the claimant submits the claim to 
binding arbitration in accordance with this Subsection (9).
(e)
(i)
Unless otherwise agreed to in writing by the parties, a claim that is submitted to 
binding arbitration under Subsection (9)(a)(i) shall be resolved by a single 
arbitrator.
(ii)
All parties shall agree on the single arbitrator selected under Subsection (9)(e)(i).
(iii)
If the parties are unable to agree on a single arbitrator as required under 
Subsection (9)(e)(ii), the parties shall select a panel of three arbitrators.
(f)
If the parties select a panel of three arbitrators under Subsection (9)(e)(iii):
(i)
each side shall select one arbitrator; and
(ii)
the arbitrators appointed under Subsection (9)(f)(i) shall select one additional 
arbitrator to be included in the panel.
(g)
Unless otherwise agreed to in writing:
(i)
each party shall pay an equal share of the fees and costs of the arbitrator selected 
under Subsection (9)(e)(i); or
(ii)
if an arbitration panel is selected under Subsection (9)(e)(iii):
(A)
each party shall pay the fees and costs of the arbitrator selected by that party; 
and
(B)
each party shall pay an equal share of the fees and costs of the arbitrator 
selected under Subsection (9)(f)(ii).
(h)
Except as otherwise provided in this section or unless otherwise agreed to in writing 
by the parties, an arbitration proceeding conducted under this section shall be 
governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(i)
(i)
The arbitration shall be conducted in accordance with Rules 26(a)(4) through 
(f), 27 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the 
requirements of Subsections (10)(a) through (c) are satisfied.
(ii)
The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil 
Procedure shall be determined based on the claimant's specific monetary amount 
in the written demand for payment of uninsured motorist coverage benefits as 
required in Subsection (10)(a)(i)(A).
(iii)
Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to 
arbitration claims under this part.
(j)
All issues of discovery shall be resolved by the arbitrator or the arbitration panel.
(k)
A written decision by a single arbitrator or by a majority of the arbitration panel shall 
constitute a final decision.
(l)
(i)
Except as provided in Subsection (10), the amount of an arbitration award may 
not exceed the uninsured motorist policy limits of all applicable uninsured 
motorist policies, including applicable uninsured motorist umbrella policies.
(ii)
If the initial arbitration award exceeds the uninsured motorist policy limits of all 
applicable uninsured motorist policies, the arbitration award shall be reduced to an 
amount equal to the combined uninsured motorist policy limits of all applicable 
uninsured motorist policies.
(m)
The arbitrator or arbitration panel may not decide the issues of coverage or 
extra-contractual damages, including:
(i)
whether the claimant is a covered person;
(ii)
whether the policy extends coverage to the loss; or
(iii)
any allegations or claims asserting consequential damages or bad faith liability.
(n)
The arbitrator or arbitration panel may not conduct arbitration on a class-wide or 
class-representative basis.
(o)
If the arbitrator or arbitration panel finds that the action was not brought, pursued, or 
defended in good faith, the arbitrator or arbitration panel may award reasonable 
attorney fees and costs against the party that failed to bring, pursue, or defend the 
claim in good faith.
(p)
An arbitration award issued under this section shall be the final resolution of all 
claims not excluded by Subsection (9)(m) between the parties unless:
(i)
the award was procured by corruption, fraud, or other undue means; and
(ii)
within 20 days after service of the arbitration award, a party:
(A)
files a complaint requesting a trial de novo in a court with jurisdiction under 
Title 78A, Judiciary and Judicial Administration
; and
(B)
serves the nonmoving party with a copy of the complaint requesting a trial de 
novo under Subsection (9)(p)(ii)(A).
(q)
(i)
Upon filing a complaint for a trial de novo under Subsection (9)(p), the claim 
shall proceed through litigation in accordance with the Utah Rules of Civil 
Procedure and Utah Rules of Evidence.
(ii)
In accordance with Rule 38, Utah Rules of Civil Procedure, a party may request a 
jury trial with a complaint requesting a trial de novo under Subsection (9)(p)(ii)(A).
(r)
(i)
If the claimant, as the moving party in a trial de novo requested under 
Subsection (9)(p), does not obtain a verdict that is at least $5,000 and is at least 
20% greater than the arbitration award, the claimant is responsible for all of the 
nonmoving party's costs.
(ii)
If the uninsured motorist carrier, as the moving party in a trial de novo requested 
under Subsection (9)(p), does not obtain a verdict that is at least 20% less than the 
arbitration award, the uninsured motorist carrier is responsible for all of the 
nonmoving party's costs.
(iii)
Except as provided in Subsection (9)(r)(iv), the costs under this Subsection (9)(r) 
shall include:
(A)
any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(B)
the costs of expert witnesses and depositions.
(iv)
An award of costs under this Subsection (9)(r) may not exceed $2,500 unless 
Subsection (10)(h)(iii) applies.
(s)
For purposes of determining whether a party's verdict is greater or less than the 
arbitration award under Subsection (9)(r), a court may not consider any recovery or 
other relief granted on a claim for damages if the claim for damages:
(i)
was not fully disclosed in writing prior to the arbitration proceeding; or
(ii)
was not disclosed in response to discovery contrary to the Utah Rules of Civil 
Procedure.
(t)
If a court determines, upon a motion of the nonmoving party, that the moving party's 
use of the trial de novo process was filed in bad faith in accordance with Section 
78B-5-825
, the court may award reasonable attorney fees to the nonmoving party.
(u)
Nothing in this section is intended to limit any claim under any other portion of an 
applicable insurance policy.
(v)
If there are multiple uninsured motorist policies, as set forth in Subsection (8), the 
claimant may elect to arbitrate in one hearing the claims against all the uninsured 
motorist carriers.
(10)
(a)
Within 30 days after a covered person elects to submit a claim for uninsured 
motorist benefits to binding arbitration or files litigation, the covered person shall 
provide to the uninsured motorist carrier:
(i)
a written demand for payment of uninsured motorist coverage benefits, setting 
forth:
(A)
subject to Subsection (10)(l), the specific monetary amount of the demand, 
including a computation of the covered person's claimed past medical 
expenses, claimed past lost wages, and the other claimed past economic 
damages; and
(B)
the factual and legal basis and any supporting documentation for the demand;
(ii)
a written statement under oath disclosing:
(A)
(I)
the names and last known addresses of all health care providers who 
have rendered health care services to the covered person that are material to 
the claims for which uninsured motorist benefits are sought for a period of 
five years preceding the date of the event giving rise to the claim for 
uninsured motorist benefits up to the time the election for arbitration or 
litigation has been exercised; and
(II)
the names and last known addresses of the health care providers who have 
rendered health care services to the covered person, which the covered 
person claims are immaterial to the claims for which uninsured motorist 
benefits are sought, for a period of five years preceding the date of the event 
giving rise to the claim for uninsured motorist benefits up to the time the 
election for arbitration or litigation has been exercised that have not been 
disclosed under Subsection (10)(a)(ii)(A)(I);
(B)
(I)
the names and last known addresses of all health insurers or other 
entities to whom the covered person has submitted claims for health care 
services or benefits material to the claims for which uninsured motorist 
benefits are sought, for a period of five years preceding the date of the event 
giving rise to the claim for uninsured motorist benefits up to the time the 
election for arbitration or litigation has been exercised; and
(II)
the names and last known addresses of the health insurers or other entities 
to whom the covered person has submitted claims for health care services or 
benefits, which the covered person claims are immaterial to the claims for 
which uninsured motorist benefits are sought, for a period of five years 
preceding the date of the event giving rise to the claim for uninsured 
motorist benefits up to the time the election for arbitration or litigation have 
not been disclosed;
(C)
if lost wages, diminished earning capacity, or similar damages are claimed, all 
employers of the covered person for a period of five years preceding the date 
of the event giving rise to the claim for uninsured motorist benefits up to the 
time the election for arbitration or litigation has been exercised;
(D)
other documents to reasonably support the claims being asserted; and
(E)
all state and federal statutory lienholders including a statement as to whether 
the covered person is a recipient of Medicare or Medicaid benefits or Utah 
Children's Health Insurance Program benefits under Title 26B, Chapter 3, Part 
9, Utah Children's Health Insurance Program, or if the claim is subject to any 
other state or federal statutory liens; and
(iii)
signed authorizations to allow the uninsured motorist carrier to only obtain 
records and billings from the individuals or entities disclosed under Subsections 
(10)(a)(ii)(A)(I), (B)(I), and (C).
(b)
(i)
If the uninsured motorist carrier determines that the disclosure of undisclosed 
health care providers or health care insurers under Subsection (10)(a)(ii) is 
reasonably necessary, the uninsured motorist carrier may:
(A)
make a request for the disclosure of the identity of the health care providers or 
health care insurers; and
(B)
make a request for authorizations to allow the uninsured motorist carrier to 
only obtain records and billings from the individuals or entities not disclosed.
(ii)
If the covered person does not provide the requested information within 10 days:
(A)
the covered person shall disclose, in writing, the legal or factual basis for the 
failure to disclose the health care providers or health care insurers; and
(B)
either the covered person or the uninsured motorist carrier may request the 
arbitrator or arbitration panel to resolve the issue of whether the identities or 
records are to be provided if the covered person has elected arbitration.
(iii)
The time periods imposed by Subsection (10)(c)(i) are tolled pending resolution 
of the dispute concerning the disclosure and production of records of the health 
care providers or health care insurers.
(c)
(i)
An uninsured motorist carrier that receives an election for arbitration or a notice 
of filing litigation and the demand for payment of uninsured motorist benefits 
under Subsection (10)(a)(i) shall have a reasonable time, not to exceed 60 days 
from the date of the demand and receipt of the items specified in Subsections 
(10)(a)(i) through (iii), to:
(A)
provide a written response to the written demand for payment provided for in 
Subsection (10)(a)(i);
(B)
except as provided in Subsection (10)(c)(i)(C), tender the amount, if any, of 
the uninsured motorist carrier's determination of the amount owed to the 
covered person; and
(C)
if the covered person is a recipient of Medicare or Medicaid benefits or Utah 
Children's Health Insurance Program benefits under Title 26B, Chapter 3, Part 
9, Utah Children's Health Insurance Program, or if the claim is subject to any 
other state or federal statutory liens, tender the amount, if any, of the uninsured 
motorist carrier's determination of the amount owed to the covered person less:
(I)
if the amount of the state or federal statutory lien is established, the amount 
of the lien; or
(II)
if the amount of the state or federal statutory lien is not established, two 
times the amount of the medical expenses subject to the state or federal 
statutory lien until such time as the amount of the state or federal statutory 
lien is established.
(ii)
If the amount tendered by the uninsured motorist carrier under Subsection 
(10)(c)(i) is the total amount of the uninsured motorist policy limits, the tendered 
amount shall be accepted by the covered person.
(d)
A covered person who receives a written response from an uninsured motorist carrier 
as provided for in Subsection (10)(c)(i), may:
(i)
elect to accept the amount tendered in Subsection (10)(c)(i) as payment in full of 
all uninsured motorist claims; or
(ii)
elect to:
(A)
accept the amount tendered in Subsection (10)(c)(i) as partial payment of all 
uninsured motorist claims; and
(B)
continue to litigate or arbitrate the remaining claim in accordance with the 
election made under Subsections (9)(a) through (c).
(e)
If a covered person elects to accept the amount tendered under Subsection (10)(c)(i) 
as partial payment of all uninsured motorist claims, the final award obtained through 
arbitration, litigation, or later settlement shall be reduced by any payment made by 
the uninsured motorist carrier under Subsection (10)(c)(i).
(f)
In an arbitration proceeding on the remaining uninsured claims:
(i)
the parties may not disclose to the arbitrator or arbitration panel the amount paid 
under Subsection (10)(c)(i) until after the arbitration award has been rendered; and
(ii)
the parties may not disclose the amount of the limits of uninsured motorist 
benefits provided by the policy.
(g)
If the final award obtained through arbitration or litigation is greater than the average 
of the covered person's initial written demand for payment provided for in Subsection 
(10)(a)(i) and the uninsured motorist carrier's initial written response provided for in 
Subsection (10)(c)(i), the uninsured motorist carrier shall pay:
(i)
the final award obtained through arbitration or litigation, except that if the award 
exceeds the policy limits of the subject uninsured motorist policy by more than 
$15,000, the amount shall be reduced to an amount equal to the policy limits plus 
$15,000; and
(ii)
any of the following applicable costs:
(A)
any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure;
(B)
the arbitrator or arbitration panel's fee; and
(C)
the reasonable costs of expert witnesses and depositions used in the 
presentation of evidence during arbitration or litigation.
(h)
(i)
The covered person shall provide an affidavit of costs within five days of an 
arbitration award.
(ii)
(A)
Objection to the affidavit of costs shall specify with particularity the costs 
to which the uninsured motorist carrier objects.
(B)
The objection shall be resolved by the arbitrator or arbitration panel.
(iii)
The award of costs by the arbitrator or arbitration panel under Subsection 
(10)(g)(ii) may not exceed $5,000.
(i)
(i)
A covered person shall disclose all material information, other than rebuttal 
evidence, within 30 days after a covered person elects to submit a claim for 
uninsured motorist coverage benefits to binding arbitration or files litigation as 
specified in Subsection (10)(a).
(ii)
If the information under Subsection (10)(i)(i) is not disclosed, the covered person 
may not recover costs or any amounts in excess of the policy under Subsection 
(10)(g).
(j)
This Subsection (10) does not limit any other cause of action that arose or may arise 
against the uninsured motorist carrier from the same dispute.
(k)
The provisions of this Subsection (10) only apply to motor vehicle accidents that 
occur on or after March 30, 2010.
(l)
(i)
(A)
The written demand requirement in Subsection (10)(a)(i)(A) does not 
affect the covered person's requirement to provide a computation of any other 
economic damages claimed, and the one or more respondents shall have a 
reasonable time after the receipt of the computation of any other economic 
damages claimed to conduct fact and expert discovery as to any additional 
damages claimed. 
(B)
The changes made by Laws of Utah 2014, Chapter 290, Section 10, and 
Chapter 300, Section 10, to this Subsection (10)(l) and Subsection (10)(a)(i)(A) apply to a 
claim submitted to binding arbitration or through litigation on or after May 13, 2014.
(ii)
The changes made by Laws of Utah 2014, Chapter 290, Section 10, and Chapter 
300, Section 10, to Subsections (10)(a)(ii)(A)(II) and (B)(II) apply to any claim submitted 
to binding arbitration or through litigation on or after May 13, 2014.
(11)
(a)
A person shall commence an action on a written policy or contract for uninsured 
motorist coverage within four years after the inception of loss.
(b)
Subsection (11)(a) shall apply to all claims that have not been time barred by 
Subsection 
31A-21-313
(1)(a) as of May 14, 2019.
Section 8, Section 
31A-22-305.3
 is amended to read:
31A-22-305.3
. Underinsured motorist coverage.
(1)
As used in this section:
(a)
"Covered person" means the same as that term is defined in Section 
31A-22-305
.
(b)
(i)
"Underinsured motor vehicle" includes a motor vehicle, the operation, 
maintenance, or use of which is covered under a liability policy at the time of an 
injury-causing occurrence, but which has insufficient liability coverage to 
compensate fully the injured party for all special and general damages.
(ii)
The term "underinsured motor vehicle" does not include:
(A)
a motor vehicle that is covered under the liability coverage of the same policy 
that also contains the underinsured motorist coverage;
(B)
an uninsured motor vehicle as defined in Subsection 
31A-22-305
(2); or
(C)
a motor vehicle owned or leased by:
(I)
a named insured;
(II)
a named insured's spouse; or
(III)
a dependent of a named insured.
(2)
(a)
Underinsured motorist coverage under Subsection 
31A-22-302
(1)(c) provides 
coverage for a covered person who is legally entitled to recover damages from an 
owner or operator of an underinsured motor vehicle because of bodily injury, 
sickness, disease, or death.
(b)
A covered person occupying or using a motor vehicle owned, leased, or furnished to 
the covered person, the covered person's spouse, or covered person's resident relative 
may recover underinsured benefits only if the motor vehicle is:
(i)
described in the policy under which a claim is made; or
(ii)
a newly acquired or replacement motor vehicle covered under the terms of the 
policy.
(3)
(a)
For purposes of this Subsection (3), "new policy" means:
(i)
any policy that is issued that does not include a renewal or reinstatement of an 
existing policy; or
(ii)
a change to an existing policy that results in:
(A)
a named insured being added to or deleted from the policy; or
(B)
a change in the limits of the named insured's motor vehicle liability coverage.
(b)
For new policies written on or after January 1, 2001, the limits of underinsured 
motorist coverage shall be equal to the lesser of the limits of the named insured's 
motor vehicle liability coverage or the maximum underinsured motorist coverage 
limits available by the insurer under the named insured's motor vehicle policy, unless 
a named insured rejects or purchases coverage in a lesser amount by signing an 
acknowledgment form that:
(i)
is filed with the department;
(ii)
is provided by the insurer;
(iii)
waives the higher coverage;
(iv)
need only state in this or similar language that "underinsured motorist coverage 
provides benefits or protection to you and other covered persons for bodily injury 
resulting from an accident caused by the fault of another party where the other 
party has insufficient liability insurance"; and
(v)
discloses the additional premiums required to purchase underinsured motorist 
coverage with limits equal to the lesser of the limits of the named insured's motor 
vehicle liability coverage or the maximum underinsured motorist coverage limits 
available by the insurer under the named insured's motor vehicle policy.
(c)
Any selection or rejection under Subsection (3)(b) continues for that issuer of the 
liability coverage until the insured requests, in writing, a change of underinsured 
motorist coverage from that liability insurer.
(d)
(i)
Subsections (3)(b) and (c) apply retroactively to any claim arising on or after 
January 1, 2001, for which, as of May 14, 2013, an insured has not made a written 
demand for arbitration or filed a complaint in a court of competent jurisdiction.
(ii)
The Legislature finds that the retroactive application of Subsections (3)(b) and (c) 
clarifies 
legislative intent
the application of law
 and does not enlarge, eliminate, 
or destroy vested rights.
(e)
(i)
As used in this Subsection (3)(e), "additional motor vehicle" means a change 
that increases the total number of vehicles insured by the policy, and does not 
include replacement, substitute, or temporary vehicles.
(ii)
The adding of an additional motor vehicle to an existing personal lines or 
commercial lines policy does not constitute a new policy for purposes of 
Subsection (3)(a).
(iii)
If an additional motor vehicle is added to a personal lines policy where 
underinsured motorist coverage has been rejected, or where underinsured motorist 
limits are lower than the named insured's motor vehicle liability limits, the insurer 
shall provide a notice to a named insured within 30 days that:
(A)
in the same manner described in Subsection (3)(b)(iv), explains the purpose of 
underinsured motorist coverage; and
(B)
encourages the named insured to contact the insurance company or insurance 
producer for quotes as to the additional premiums required to purchase 
underinsured motorist coverage with limits equal to the lesser of the limits of 
the named insured's motor vehicle liability coverage or the maximum 
underinsured motorist coverage limits available by the insurer under the named 
insured's motor vehicle policy.
(f)
A change in policy number resulting from any policy change not identified under 
Subsection (3)(a)(ii) does not constitute a new policy.
(g)
(i)
Subsection (3)(a) applies retroactively to any claim arising on or after January 
1, 2001 for which, as of May 1, 2012, an insured has not made a written demand 
for arbitration or filed a complaint in a court of competent jurisdiction.
(ii)
The Legislature finds that the retroactive application of Subsection (3)(a):
(A)
does not enlarge, eliminate, or destroy vested rights; and
(B)
clarifies legislative intent.
(h)
A self-insured, including a governmental entity, may elect to provide underinsured 
motorist coverage in an amount that is less than its maximum self-insured retention 
under Subsections (3)(b) and (l) by issuing a declaratory memorandum or policy 
statement from the chief financial officer or chief risk officer that declares the:
(i)
self-insured entity's coverage level; and
(ii)
process for filing an underinsured motorist claim.
(i)
Underinsured motorist coverage may not be sold with limits that are less than:
(i)
$10,000 for one person in any one accident; and
(ii)
at least $20,000 for two or more persons in any one accident.
(j)
An acknowledgment under Subsection (3)(b) continues for that issuer of the 
underinsured motorist coverage until the named insured, in writing, requests different 
underinsured motorist coverage from the insurer.
(k)
(i)
The named insured's underinsured motorist coverage, as described in 
Subsection (2), is secondary to the liability coverage of an owner or operator of an 
underinsured motor vehicle, as described in Subsection (1).
(ii)
Underinsured motorist coverage may not be set off against the liability coverage 
of the owner or operator of an underinsured motor vehicle, but shall be added to, 
combined with, or stacked upon the liability coverage of the owner or operator of 
the underinsured motor vehicle to determine the limit of coverage available to the 
injured person.
(l)
(i)
In conjunction with the first two renewal notices sent after January 1, 2001, for 
policies existing on that date, the insurer shall disclose in the same medium as the 
premium renewal notice, an explanation of:
(A)
the purpose of underinsured motorist coverage in the same manner as 
described in Subsection (3)(b)(iv); and
(B)
a disclosure of the additional premiums required to purchase underinsured 
motorist coverage with limits equal to the lesser of the limits of the named 
insured's motor vehicle liability coverage or the maximum underinsured 
motorist coverage limits available by the insurer under the named insured's 
motor vehicle policy.
(ii)
The disclosure required under this Subsection (3)(l) shall be sent to all named 
insureds that carry underinsured motorist coverage limits in an amount less than 
the named insured's motor vehicle liability policy limits or the maximum 
underinsured motorist coverage limits available by the insurer under the named 
insured's motor vehicle policy.
(m)
For purposes of this Subsection (3), a notice or disclosure sent to a named insured in 
a household constitutes notice or disclosure to all insureds within the household.
(4)
(a)
(i)
Except as provided in this Subsection (4), a covered person injured in a 
motor vehicle described in a policy that includes underinsured motorist benefits 
may not elect to collect underinsured motorist coverage benefits from another 
motor vehicle insurance policy.
(ii)
The limit of liability for underinsured motorist coverage for two or more motor 
vehicles may not be added together, combined, or stacked to determine the limit 
of insurance coverage available to an injured person for any one accident.
(iii)
Subsection (4)(a)(ii) applies to all persons except a covered person described 
under Subsections (4)(b)(i) and (ii).
(b)
(i)
A covered person injured as a pedestrian by an underinsured motor vehicle may 
recover underinsured motorist benefits under any one other policy in which they 
are described as a covered person.
(ii)
Except as provided in Subsection (4)(b)(iii), a covered person injured while 
occupying, using, or maintaining a motor vehicle that is not owned, leased, or 
furnished to the covered person, the covered person's spouse, or the covered 
person's resident parent or resident sibling, may also recover benefits under any 
one other policy under which the covered person is also a covered person.
(iii)
(A)
A covered person may recover benefits from no more than two additional 
policies, one additional policy from each parent's household if the covered 
person is:
(I)
a dependent minor of parents who reside in separate households; and
(II)
injured while occupying or using a motor vehicle that is not owned, leased, 
or furnished to the covered person, the covered person's resident parent, or 
the covered person's resident sibling.
(B)
Each parent's policy under this Subsection (4)(b)(iii) is liable only for the 
percentage of the damages that the limit of liability of each parent's policy of 
underinsured motorist coverage bears to the total of both parents' underinsured 
coverage applicable to the accident.
(iv)
A covered person's recovery under any available policies may not exceed the full 
amount of damages.
(v)
Underinsured coverage on a motor vehicle occupied at the time of an accident is 
primary coverage, and the coverage elected by a person described under 
Subsections 
31A-22-305
(1)(a), (b), and (c) is secondary coverage.
(vi)
The primary and the secondary coverage may not be set off against the other.
(vii)
A covered person as described under Subsection (4)(b)(i) or is entitled to the 
highest limits of underinsured motorist coverage under only one additional policy 
per household applicable to that covered person as a named insured, spouse, or 
relative.
(viii)
A covered injured person is not barred against making subsequent elections if 
recovery is unavailable under previous elections.
(ix)
(A)
As used in this section, "interpolicy stacking" means recovering benefits 
for a single incident of loss under more than one insurance policy.
(B)
Except to the extent permitted by this Subsection (4), interpolicy stacking is 
prohibited for underinsured motorist coverage.
(c)
Underinsured motorist coverage:
(i)
in order to avoid double recovery, does not cover any benefit under Title 34A, 
Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah 
Occupational Disease Act, provided by the workers' compensation insurance 
carrier, uninsured employer, the Uninsured Employers' Fund created in Section 
34A-2-704
, or the Employers' Reinsurance Fund created in Section 
34A-2-702
, 
except that:
(A)
the covered person is credited an amount described in Subsection 
34A-2-106(5)
; and
(B)
the benefits described in this Subsection (4)(c)(i) do not need to be paid before 
an underinsured motorist claim may be pursued and resolved.
(ii)
may not be subrogated by a workers' compensation insurance carrier, uninsured 
employer, the Uninsured Employers' Fund created in Section 
34A-2-704
, or the 
Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iii)
may not be reduced by benefits provided by the workers' compensation insurance 
carrier, uninsured employer, the Uninsured Employers' Fund created in Section 
34A-2-704
, or the Employers' Reinsurance Fund created in Section 
34A-2-702
;
(iv)
notwithstanding Subsection 
31A-1-103
(3)(f), may be reduced by health 
insurance subrogation only after the covered person is made whole;
(v)
may not be collected for bodily injury or death sustained by a person:
(A)
while committing a violation of Section 
41-1a-1314
;
(B)
who, as a passenger in a vehicle, has knowledge that the vehicle is being 
operated in violation of Section 
41-1a-1314
; or
(C)
while committing a felony; and
(vi)
notwithstanding Subsection (4)(c)(v), may be recovered:
(A)
for a person younger than 18 years old who is injured within the scope of 
Subsection (4)(c)(v), but is limited to medical and funeral expenses; or
(B)
by a law enforcement officer as defined in Section 
53-13-103
, who is injured 
within the course and scope of the law enforcement officer's duties.
(5)
(a)
Notwithstanding Section 
31A-21-313
, an action on a written policy or contract for 
underinsured motorist coverage shall be commenced within four years after the 
inception of loss.
(b)
The inception of the loss under Subsection 
31A-21-313
(1) for underinsured motorist 
claims occurs upon the date of the settlement check representing the last liability 
policy payment.
(6)
An underinsured motorist insurer does not have a right of reimbursement against a 
person liable for the damages resulting from an injury-causing occurrence if the person's 
liability insurer has tendered the policy limit and the limits have been accepted by the 
claimant.
(7)
Except as otherwise provided in this section, a covered person may seek, subject to the 
terms and conditions of the policy, additional coverage under any policy:
(a)
that provides coverage for damages resulting from motor vehicle accidents; and
(b)
that is not required to conform to Section 
31A-22-302
.
(8)
(a)
When a claim is brought by a named insured or a person described in Subsection 
31A-22-305
(1) and is asserted against the covered person's underinsured motorist 
carrier, the claimant may elect to resolve the claim:
(i)
by submitting the claim to binding arbitration; or
(ii)
through litigation.
(b)
Unless otherwise provided in the policy under which underinsured benefits are 
claimed, the election provided in Subsection (8)(a) is available to the claimant only, 
except that if the policy under which insured benefits are claimed provides that either 
an insured or the insurer may elect arbitration, the insured or the insurer may elect 
arbitration and that election to arbitrate shall stay the litigation of the claim under 
Subsection (8)(a)(ii).
(c)
Once a claimant elects to commence litigation under Subsection (8)(a)(ii), the 
claimant may not elect to resolve the claim through binding arbitration under this 
section without the written consent of the underinsured motorist coverage carrier.
(d)
For purposes of the statute of limitations applicable to a claim described in 
Subsection (8)(a), if the claimant does not elect to resolve the claim through 
litigation, the claim is considered filed when the claimant submits the claim to 
binding arbitration in accordance with this Subsection (8).
(e)
(i)
Unless otherwise agreed to in writing by the parties, a claim that is submitted to 
binding arbitration under Subsection (8)(a)(i) shall be resolved by a single 
arbitrator.
(ii)
All parties shall agree on the single arbitrator selected under Subsection (8)(e)(i).
(iii)
If the parties are unable to agree on a single arbitrator as required under 
Subsection (8)(e)(ii), the parties shall select a panel of three arbitrators.
(f)
If the parties select a panel of three arbitrators under Subsection (8)(e)(iii):
(i)
each side shall select one arbitrator; and
(ii)
the arbitrators appointed under Subsection (8)(f)(i) shall select one additional 
arbitrator to be included in the panel.
(g)
Unless otherwise agreed to in writing:
(i)
each party shall pay an equal share of the fees and costs of the arbitrator selected 
under Subsection (8)(e)(i); or
(ii)
if an arbitration panel is selected under Subsection (8)(e)(iii):
(A)
each party shall pay the fees and costs of the arbitrator selected by that party; 
and
(B)
each party shall pay an equal share of the fees and costs of the arbitrator 
selected under Subsection (8)(f)(ii).
(h)
Except as otherwise provided in this section or unless otherwise agreed to in writing 
by the parties, an arbitration proceeding conducted under this section is governed by 
Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(i)
(i)
The arbitration shall be conducted in accordance with Rules 26(a)(4) through 
(f), 27 through 37, 54, and 68 of the Utah Rules of Civil Procedure, once the 
requirements of Subsections (9)(a) through (c) are satisfied.
(ii)
The specified tier as defined by Rule 26(c)(3) of the Utah Rules of Civil 
Procedure shall be determined based on the claimant's specific monetary amount 
in the written demand for payment of uninsured motorist coverage benefits as 
required in Subsection (9)(a)(i)(A).
(iii)
Rules 26.1 and 26.2 of the Utah Rules of Civil Procedure do not apply to 
arbitration claims under this part.
(j)
An issue of discovery shall be resolved by the arbitrator or the arbitration panel.
(k)
A written decision by a single arbitrator or by a majority of the arbitration panel 
constitutes a final decision.
(l)
(i)
Except as provided in Subsection (9), the amount of an arbitration award may 
not exceed the underinsured motorist policy limits of all applicable underinsured 
motorist policies, including applicable underinsured motorist umbrella policies.
(ii)
If the initial arbitration award exceeds the underinsured motorist policy limits of 
all applicable underinsured motorist policies, the arbitration award shall be 
reduced to an amount equal to the combined underinsured motorist policy limits 
of all applicable underinsured motorist policies.
(m)
The arbitrator or arbitration panel may not decide an issue of coverage or 
extra-contractual damages, including:
(i)
whether the claimant is a covered person;
(ii)
whether the policy extends coverage to the loss; or
(iii)
an allegation or claim asserting consequential damages or bad faith liability.
(n)
The arbitrator or arbitration panel may not conduct arbitration on a class-wide or 
class-representative basis.
(o)
If the arbitrator or arbitration panel finds that the arbitration is not brought, pursued, 
or defended in good faith, the arbitrator or arbitration panel may award reasonable 
attorney fees and costs against the party that failed to bring, pursue, or defend the 
arbitration in good faith.
(p)
An arbitration award issued under this section shall be the final resolution of all 
claims not excluded by Subsection (8)(m) between the parties unless:
(i)
the award is procured by corruption, fraud, or other undue means; or
(ii)
either party, within 20 days after service of the arbitration award:
(A)
files a complaint requesting a trial de novo in the a court with jurisdiction 
under 
Title 78A, Judiciary and Judicial Administration
; and
(B)
serves the nonmoving party with a copy of the complaint requesting a trial de 
novo under Subsection (8)(p)(ii)(A).
(q)
(i)
Upon filing a complaint for a trial de novo under Subsection (8)(p), a claim 
shall proceed through litigation in accordance with the Utah Rules of Civil 
Procedure and Utah Rules of Evidence.
(ii)
In accordance with Rule 38, Utah Rules of Civil Procedure, either party may 
request a jury trial with a complaint requesting a trial de novo under Subsection 
(8)(p)(ii)(A).
(r)
(i)
If the claimant, as the moving party in a trial de novo requested under 
Subsection (8)(p), does not obtain a verdict that is at least $5,000 and is at least 
20% greater than the arbitration award, the claimant is responsible for all of the 
nonmoving party's costs.
(ii)
If the underinsured motorist carrier, as the moving party in a trial de novo 
requested under Subsection (8)(p), does not obtain a verdict that is at least 20% 
less than the arbitration award, the underinsured motorist carrier is responsible for 
all of the nonmoving party's costs.
(iii)
Except as provided in Subsection (8)(r)(iv), the costs under this Subsection (8)(r) 
shall include:
(A)
any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and
(B)
the costs of expert witnesses and depositions.
(iv)
An award of costs under this Subsection (8)(r) may not exceed $2,500 unless 
Subsection (9)(h)(iii) applies.
(s)
For purposes of determining whether a party's verdict is greater or less than the 
arbitration award under Subsection (8)(r), a court may not consider any recovery or 
other relief granted on a claim for damages if the claim for damages:
(i)
was not fully disclosed in writing prior to the arbitration proceeding; or
(ii)
was not disclosed in response to discovery contrary to the Utah Rules of Civil 
Procedure.
(t)
If a court determines, upon a motion of the nonmoving party, that a moving party's 
use of the trial de novo process is filed in bad faith in accordance with Section 
78B-5-825
, the court may award reasonable attorney fees to the nonmoving party.
(u)
Nothing in this section is intended to limit a claim under another portion of an 
applicable insurance policy.
(v)
If there are multiple underinsured motorist policies, as set forth in Subsection (4), the 
claimant may elect to arbitrate in one hearing the claims against all the underinsured 
motorist carriers.
(9)
(a)
Within 30 days after a covered person elects to submit a claim for underinsured 
motorist benefits to binding arbitration or files litigation, the covered person shall 
provide to the underinsured motorist carrier:
(i)
a written demand for payment of underinsured motorist coverage benefits, setting 
forth:
(A)
subject to Subsection (9)(l), the specific monetary amount of the demand, 
including a computation of the covered person's claimed past medical 
expenses, claimed past lost wages, and all other claimed past economic 
damages; and
(B)
the factual and legal basis and any supporting documentation for the demand;
(ii)
a written statement under oath disclosing:
(A)
(I)
the names and last known addresses of all health care providers who 
have rendered health care services to the covered person that are material to 
the claims for which the underinsured motorist benefits are sought for a 
period of five years preceding the date of the event giving rise to the claim 
for underinsured motorist benefits up to the time the election for arbitration 
or litigation has been exercised; and
(II)
the names and last known addresses of the health care providers who have 
rendered health care services to the covered person, which the covered 
person claims are immaterial to the claims for which underinsured motorist 
benefits are sought, for a period of five years preceding the date of the event 
giving rise to the claim for underinsured motorist benefits up to the time the 
election for arbitration or litigation has been exercised that have not been 
disclosed under Subsection (9)(a)(ii)(A)(I);
(B)
(I)
the names and last known addresses of all health insurers or other 
entities to whom the covered person has submitted claims for health care 
services or benefits material to the claims for which underinsured motorist 
benefits are sought, for a period of five years preceding the date of the event 
giving rise to the claim for underinsured motorist benefits up to the time the 
election for arbitration or litigation has been exercised; and
(II)
the names and last known addresses of the health insurers or other entities 
to whom the covered person has submitted claims for health care services or 
benefits, which the covered person claims are immaterial to the claims for 
which underinsured motorist benefits are sought, for a period of five years 
preceding the date of the event giving rise to the claim for underinsured 
motorist benefits up to the time the election for arbitration or litigation have 
not been disclosed;
(C)
if lost wages, diminished earning capacity, or similar damages are claimed, all 
employers of the covered person for a period of five years preceding the date 
of the event giving rise to the claim for underinsured motorist benefits up to the 
time the election for arbitration or litigation has been exercised;
(D)
other documents to reasonably support the claims being asserted; and
(E)
all state and federal statutory lienholders including a statement as to whether 
the covered person is a recipient of Medicare or Medicaid benefits or Utah 
Children's Health Insurance Program benefits under Title 26B, Chapter 3, Part 
9, Utah Children's Health Insurance Program, or if the claim is subject to any 
other state or federal statutory liens; and
(iii)
signed authorizations to allow the underinsured motorist carrier to only obtain 
records and billings from the individuals or entities disclosed under Subsections 
(9)(a)(ii)(A)(I), (B)(I), and (C).
(b)
(i)
If the underinsured motorist carrier determines that the disclosure of 
undisclosed health care providers or health care insurers under Subsection 
(9)(a)(ii) is reasonably necessary, the underinsured motorist carrier may:
(A)
make a request for the disclosure of the identity of the health care providers or 
health care insurers; and
(B)
make a request for authorizations to allow the underinsured motorist carrier to 
only obtain records and billings from the individuals or entities not disclosed.
(ii)
If the covered person does not provide the requested information within 10 days:
(A)
the covered person shall disclose, in writing, the legal or factual basis for the 
failure to disclose the health care providers or health care insurers; and
(B)
either the covered person or the underinsured motorist carrier may request the 
arbitrator or arbitration panel to resolve the issue of whether the identities or 
records are to be provided if the covered person has elected arbitration.
(iii)
The time periods imposed by Subsection (9)(c)(i) are tolled pending resolution of 
the dispute concerning the disclosure and production of records of the health care 
providers or health care insurers.
(c)
(i)
An underinsured motorist carrier that receives an election for arbitration or a 
notice of filing litigation and the demand for payment of underinsured motorist 
benefits under Subsection (9)(a)(i) shall have a reasonable time, not to exceed 60 
days from the date of the demand and receipt of the items specified in Subsections 
(9)(a)(i) through (iii), to:
(A)
provide a written response to the written demand for payment provided for in 
Subsection (9)(a)(i);
(B)
except as provided in Subsection (9)(c)(i)(C), tender the amount, if any, of the 
underinsured motorist carrier's determination of the amount owed to the 
covered person; and
(C)
if the covered person is a recipient of Medicare or Medicaid benefits or Utah 
Children's Health Insurance Program benefits under Title 26B, Chapter 3, Part 
9, Utah Children's Health Insurance Program, or if the claim is subject to any 
other state or federal statutory liens, tender the amount, if any, of the 
underinsured motorist carrier's determination of the amount owed to the 
covered person less:
(I)
if the amount of the state or federal statutory lien is established, the amount 
of the lien; or
(II)
if the amount of the state or federal statutory lien is not established, two 
times the amount of the medical expenses subject to the state or federal 
statutory lien until such time as the amount of the state or federal statutory 
lien is established.
(ii)
If the amount tendered by the underinsured motorist carrier under Subsection 
(9)(c)(i) is the total amount of the underinsured motorist policy limits, the 
tendered amount shall be accepted by the covered person.
(d)
A covered person who receives a written response from an underinsured motorist 
carrier as provided for in Subsection (9)(c)(i), may:
(i)
elect to accept the amount tendered in Subsection (9)(c)(i) as payment in full of all 
underinsured motorist claims; or
(ii)
elect to:
(A)
accept the amount tendered in Subsection (9)(c)(i) as partial payment of all 
underinsured motorist claims; and
(B)
continue to litigate or arbitrate the remaining claim in accordance with the 
election made under Subsections (8)(a) through (c).
(e)
If a covered person elects to accept the amount tendered under Subsection (9)(c)(i) as 
partial payment of all underinsured motorist claims, the final award obtained through 
arbitration, litigation, or later settlement shall be reduced by any payment made by 
the underinsured motorist carrier under Subsection (9)(c)(i).
(f)
In an arbitration proceeding on the remaining underinsured claims:
(i)
the parties may not disclose to the arbitrator or arbitration panel the amount paid 
under Subsection (9)(c)(i) until after the arbitration award has been rendered; and
(ii)
the parties may not disclose the amount of the limits of underinsured motorist 
benefits provided by the policy.
(g)
If the final award obtained through arbitration or litigation is greater than the average 
of the covered person's initial written demand for payment provided for in Subsection 
(9)(a)(i) and the underinsured motorist carrier's initial written response provided for 
in Subsection (9)(c)(i), the underinsured motorist carrier shall pay:
(i)
the final award obtained through arbitration or litigation, except that if the award 
exceeds the policy limits of the subject underinsured motorist policy by more than 
$15,000, the amount shall be reduced to an amount equal to the policy limits plus 
$15,000; and
(ii)
any of the following applicable costs:
(A)
any costs as set forth in Rule 54(d), Utah Rules of Civil Procedure;
(B)
the arbitrator or arbitration panel's fee; and
(C)
the reasonable costs of expert witnesses and depositions used in the 
presentation of evidence during arbitration or litigation.
(h)
(i)
The covered person shall provide an affidavit of costs within five days of an 
arbitration award.
(ii)
(A)
Objection to the affidavit of costs shall specify with particularity the costs 
to which the underinsured motorist carrier objects.
(B)
The objection shall be resolved by the arbitrator or arbitration panel.
(iii)
The award of costs by the arbitrator or arbitration panel under Subsection 
(9)(g)(ii) may not exceed $5,000.
(i)
(i)
A covered person shall disclose all material information, other than rebuttal 
evidence, within 30 days after a covered person elects to submit a claim for 
underinsured motorist coverage benefits to binding arbitration or files litigation as 
specified in Subsection (9)(a).
(ii)
If the information under Subsection (9)(i)(i) is not disclosed, the covered person 
may not recover costs or any amounts in excess of the policy under Subsection 
(9)(g).
(j)
This Subsection (9) does not limit any other cause of action that arose or may arise 
against the underinsured motorist carrier from the same dispute.
(k)
The provisions of this Subsection (9) only apply to motor vehicle accidents that 
occur on or after March 30, 2010.
(l)
(i)
The written demand requirement in Subsection (9)(a)(i)(A) does not affect the 
covered person's requirement to provide a computation of any other economic 
damages claimed, and the one or more respondents shall have a reasonable time 
after the receipt of the computation of any other economic damages claimed to 
conduct fact and expert discovery as to any additional damages claimed. The 
changes made by Laws of Utah 2014, Chapter 290, Section 11, and Chapter 300, 
Section 11, to this Subsection (9)(l) and Subsection (9)(a)(i)(A) apply to a claim 
submitted to binding arbitration or through litigation on or after May 13, 2014.
(ii)
The changes made by Laws of Utah 2014, Chapter 290, Section 11, and Chapter 
300, Section 11, under Subsections (9)(a)(ii)(A)(II) and (B)(II) apply to a claim submitted 
to binding arbitration or through litigation on or after May 13, 2014.
Section 9, Section 
32B-14-101
 is amended to read:
32B-14-101
. Legislative policy.
(1)
This chapter is known as the "Utah Beer Industry Distribution Act."
(2)
(a)
It is the policy of the Legislature to regulate and control the importation, sale, 
and distribution of beer within the state in the exercise of its powers under the 
Twenty-first Amendment to the Constitution of the United States and pursuant to the 
Utah Constitution.
(b)
In furtherance of the policy described in Subsection 
(2)(a)
, this chapter is enacted to:
(i)
promote good faith and fair dealing in the business relationships between 
suppliers, wholesalers, and retailers of beer; and
(ii)
provide for the establishment and maintenance of an orderly system for the 
distribution of beer in accordance with the laws of the state regulating the sale and 
distribution of beer to the public.
Section 10, Section 
35A-8-301
 is amended to read:
35A-8-301
. Legislative policy.
(1)
It is the intent of the Legislature to make available funds 
Funds 
received by the state 
from federal mineral lease revenues under Section 
59-21-2
, bonus payments on federal 
oil shale lease tracts U-A and U-B, and all other bonus payments on federal mineral 
leases
 are
 to be used for planning, construction and maintenance of public facilities, and 
provision of public service, subject to the limitations provided for in Section 35 of the 
Mineral Leasing Act of 1920 (41 Stat. 450, 30 U.S.C. Sec. 191).
(2)
To the extent allowed under the Mineral Leasing Act, any ambiguity as to whether a 
particular use of the lease revenue and bonus payments described in Subsection 
(1)
 is a 
permissible use under this part shall be resolved in favor of upholding the use.
(3)
The purpose of this part is to maximize the long term benefit of funds derived from 
these lease revenues and bonus payments by fostering funding mechanisms which will, 
consistent with sound financial practices, result in the greatest use of financial resources 
for the greatest number of citizens of this state, with priority
Priority for the use of the 
funds described in Subsection 
(1)
 shall be
 given to those communities designated as 
impacted by the development of natural resources covered by the Mineral Leasing Act.
(4)
The policy of this state is to promote cooperation and coordination between the state 
and the state's agencies and political subdivisions with individuals, firms, and business 
organizations engaged in the development of the natural resources of this state.
Section 11, Section 
35A-8-310
 is amended to read:
35A-8-310
. Application -- Retroactivity.
(1)
The provisions of 
Laws of Utah 2021, Chapter 339
, apply to any claim for which a court 
of competent jurisdiction has not issued a final unappealable judgment or order.
(2)
The Legislature finds that the provisions of 
Laws of Utah 2021, Chapter 339
:
(a)
do not enlarge, eliminate, or destroy vested rights; and
(b)
clarify 
legislative intent
application of the law
.
Section 12, Section 
35A-8-1602
 is amended to read:
35A-8-1602
. Uintah Basin Revitalization Fund -- Deposits and contents.
(1)
In order to maximize the long-term benefit of severance taxes derived from lands held 
in trust by the United States for the Tribe and 
its
the Tribe's
 members by fostering 
funding mechanisms that will, consistent with sound financial practices, result in the 
greatest use of financial resources for the greatest number of citizens of the Uintah 
Basin, and in order to promote cooperation and coordination between the state, its 
political subdivisions, Indian tribes, and individuals, firms, and business organizations 
engaged in the development of oil and gas interests held in trust for the Tribe and 
its
the 
Tribe's
 members, there is created an expendable special revenue fund entitled the 
"Uintah Basin Revitalization Fund."
(2)
The fund consists of all money deposited to the Revitalization Fund under this part and 
Section 
59-5-116
.
(3)
(a)
The Revitalization Fund shall earn interest.
(b)
All interest earned on fund money shall be deposited into the fund.
Section 13, Section 
35A-8-1703
 is amended to read:
35A-8-1703
. Purpose.
(1)
The purpose of this part is to:
(a)
(1)
maximize the long-term benefit of state severance taxes derived from lands in Utah 
held in trust by the United States for the Navajo Nation and its members by fostering 
funding mechanisms that will, consistent with sound financial practices, result in the 
greatest use of financial resources for the greatest number of citizens of San Juan 
County; and
(b)
(2)
promote cooperation and coordination between the state, its political subdivisions, 
Indian tribes, and individuals, firms, and business organizations engaged in the 
development of oil and gas interests in Utah held in trust by the United States for the 
Navajo Nation and its members.
(2)
Notwithstanding Subsection 
(1)
, the fund:
(a)
consists of state severance tax money to be spent at the discretion of the state; and
(b)
does not constitute a trust fund.
Section 14, Section 
35A-8-1704
 is amended to read:
35A-8-1704
. Navajo Revitalization Fund.
(1)
(a)
There is created an expendable special revenue fund called the "Navajo 
Revitalization Fund."
(b)
The revitalization fund shall consist of:
(i)
money deposited to the revitalization fund under this part;
(ii)
money deposited to the revitalization fund under Section 
59-5-119
; and
(iii)
any loan repayment or interest on a loan issued under this part.
(2)
(a)
The revitalization fund shall earn interest.
(b)
The interest earned on revitalization fund money shall be deposited into the fund.
(3)
Beginning for fiscal year 2010-11, the division may use revitalization fund money for 
the administration of the revitalization fund, but this amount may not exceed 4% of the 
annual receipts to the revitalization fund.
(4)
The fund:
(a)
consists of state severance tax money to be spent at the discretion of the state; and
(b)
does not constitute a trust fund.
Section 15, Section 
53B-9-101
 is amended to read:
53B-9-101
. Legislative findings on higher education for senior citizens and 
veterans -- Tuition exemption -- Quarterly registration fee.
(1)
The Legislature finds that substantial benefits would accrue to the state, as well as those 
directly involved, through making higher education more accessible to senior citizens 
and veterans who generally find themselves with more time for learning but with less 
funds for such purposes.
(2)
It is intended that an 
An 
institution of higher education 
shall 
allow Utah residents who 
have reached 62 years 
of age
old
 or are veterans as defined in Section 
68-3-12.5
 to 
enroll at the institution, in classes for which they may be qualified, on the basis of 
surplus space in regularly scheduled classes and in accordance with this chapter and 
implementing rules. 
These persons are exempt from tuition and other charges, except 
for a quarterly registration fee established by the board.
Section 16, Section 
53E-4-301.5
 is amended to read:
53E-4-301.5
. Statewide assessment.
(1)
In enacting this part, the Legislature intends to determine the effectiveness of school 
districts and schools in assisting students to master the fundamental educational skills 
toward which instruction is directed.
(2)
The state board shall ensure that a statewide assessment provides the public, the 
Legislature, the state board, school districts, public schools, and school teachers with:
(a)
(1)
evaluative information regarding the various levels of proficiency achieved by 
students, so that they may have an additional tool to plan, measure, and evaluate the 
effectiveness of programs in the public schools; and
(b)
(2)
information to recognize excellence and to identify the need for additional 
resources or to reallocate educational resources in a manner to ensure educational 
opportunities for all students and to improve existing programs.
Section 17, Section 
54-5-1.5
 is amended to read:
54-5-1.5
. Special regulation fee -- Supplemental Levy Committee -- 
Supplemental fee -- Fee for electrical cooperatives.
(1)
Legislative findings:
(a)
A special fee to defray the cost of regulation is imposed upon all public utilities 
subject to the jurisdiction of the Public Service Commission.
(b)
The special fee is in addition to any charge now assessed, levied, or required by law.
(2)
(a)
The executive director of the Department of Commerce shall determine the 
special fee for the Department of Commerce.
(b)
The chair of the Public Service Commission shall determine the special fee for the 
Public Service Commission.
(c)
The fee shall be assessed as a uniform percentage of the gross operating revenue for 
the preceding calendar year derived from each public utility's business and operations 
during that period within this state, excluding income derived from interstate 
business. Gross operating revenue shall not include income to a wholesale electric 
cooperative derived from the sale of power to a rural electric cooperative which 
resells that power within the state.
(3)
(a)
The executive director of the Department of Commerce shall notify each public 
utility subject to the provisions of this chapter of the amount of the fee.
(b)
The fee is due and payable on or before July 1 of each year.
(4)
(a)
There is created a restricted account within the General Fund known as the Public 
Utility Regulatory Restricted Account.
(b)
Notwithstanding Subsection 
13-1-2(3)(c)
, the Department of Commerce shall deposit 
a fee assessed under this section into the Public Utility Regulatory Restricted 
Account.
(c)
Within appropriations by the Legislature:
(i)
the Department of Commerce may use the funds in the Public Utility Regulatory 
Restricted Account to administer:
(A)
the Division of Public Utilities; and
(B)
the Office of Consumer Services;
(ii)
the Public Service Commission may use the funds in the Public Utility 
Regulatory Restricted Account to administer the Public Service Commission; and
(iii)
the Division of Public Utilities may use the funds in the Public Utility 
Regulatory Restricted Account to administer the Utility Bill Assistance Program 
created under Section 
54-4-42
.
(d)
At the end of each fiscal year, the director of the Division of Finance shall transfer 
into the General Fund any balance in the Public Utility Regulatory Restricted 
Account in excess of $3,000,000.
(5)
(a)
The Legislature intends that the public
Subject to Subsection 
(5)(b)
, public
utilities 
shall 
provide 
all of the 
funds for the administration, support, and 
maintenance of:
(i)
the Public Service Commission;
(ii)
state agencies within the Department of Commerce involved in the regulation of 
public utilities; and
(iii)
expenditures by the attorney general for utility regulation.
(b)
Notwithstanding Subsection 
(5)(a)
, the 
The 
fee imposed by Subsection 
(1)
shall 
may 
not exceed the greater of:
(i)
(A)
for a public utility other than an electrical cooperative, .3% of the public 
utility's gross operating revenues for the preceding calendar year; or
(B)
for an electrical cooperative, .15% of the electrical cooperative's gross 
operating revenues for the preceding calendar year; or
(ii)
$50.
(6)
(a)
There is created a Supplemental Levy Committee to levy additional assessments 
on public utilities when unanticipated costs of regulation occur in any fiscal year.
(b)
The Supplemental Levy Committee shall consist of:
(i)
one member selected by the executive director of the Department of Commerce;
(ii)
one member selected by the chairman of the Public Service Commission;
(iii)
two members selected by the three public utilities that paid the largest percent of 
the current regulatory fee; and
(iv)
one member selected by the four appointed members.
(c)
(i)
The members of the Supplemental Levy Committee shall be selected within 10 
working days after the executive director of the Department of Commerce gives 
written notice to the Public Service Commission and the public utilities that a 
supplemental levy committee is needed.
(ii)
If the members of the Supplemental Levy Committee have not been appointed 
within the time prescribed, the governor shall appoint the members of the 
Supplemental Levy Committee.
(d)
(i)
During any state fiscal year, the Supplemental Levy Committee, by a majority 
vote and subject to audit by the state auditor, may impose a supplemental fee on 
the regulated utilities for the purpose of defraying any increased cost of regulation.
(ii)
The supplemental fee imposed upon the utilities shall equal a percentage of their 
gross operating revenue for the preceding calendar year.
(iii)
The aggregate of all fees, including any supplemental fees assessed, shall not 
exceed .3% of the gross operating revenue of the utilities assessed for the 
preceding calendar year.
(iv)
Payment of the supplemental fee is due within 30 days after receipt of the 
assessment.
(v)
The utility may, within 10 days after receipt of assessment, request a hearing 
before the Public Service Commission if it questions the need for, or the 
reasonableness of, the supplemental fee.
(e)
(i)
Any supplemental fee collected to defray the cost of regulation shall be 
transferred to the state treasurer as a departmental collection.
(ii)
Supplemental fees are excess collections, credited according to the procedures of 
Section 
63J-1-105
.
(iii)
Charges billed to the Department of Commerce by any other state department, 
institution, or agency for services rendered in connection with regulation of a 
utility shall be credited by the state treasurer from the special or supplemental fees 
collected to the appropriations account of the entity providing that service 
according to the procedures provided in 
Title 63J, Chapter 1, Budgetary 
Procedures Act
.
(7)
(a)
For purposes of this section, "electrical cooperative" means:
(i)
a distribution electrical cooperative; or
(ii)
a wholesale electrical cooperative.
(b)
Subject to Subsection 
(7)(c)
, if the regulation of one or more electrical cooperatives 
causes unanticipated costs of regulation in a fiscal year, the commission may impose 
a supplemental fee on the one or more electrical cooperatives in this state responsible 
for the increased cost of regulation.
(c)
The aggregate of all fees imposed under this section on an electrical cooperative in a 
calendar year shall not exceed the greater of:
(i)
.3% of the electrical cooperative's gross operating revenues for the preceding 
calendar year; or
(ii)
$50.
Section 18, Section 
59-12-202
 is amended to read:
59-12-202
. Legislative findings -- Commission authority.
(1)
It is the purpose of this part to provide the counties, cities, and towns of the state with 
an added source of revenue and to thereby assist them to meet their growing financial 
needs. It is the legislative intent that this added revenue be used to the greatest possible 
extent by the counties, cities, and towns to finance their capital outlay requirements and 
to service their bonded indebtedness.
(2)
(1)
It is the purpose of this part to provide an orderly and efficient system of 
administering, operating, and enforcing the state and local option sales and use tax. 
The Legislature finds that
:
(a)
intervention by counties, cities, and towns into the administration, operation, and 
enforcement of the local sales and use tax, particularly in the hearing and appeal 
process, increases the cost of administering both the local option sales and use tax 
and the state sales and use tax proceedings, and substantially delays the receipt of 
revenues for counties, cities, towns, and the state
. The Legislature finds that 
; and
(b)
the interests and concerns of counties, cities, and towns can be adequately protected 
through the commission's enforcement efforts.
 It is therefore the Legislature's intent 
to grant the commission 
(2)
The commission has 
exclusive authority to
:
(a)
administer, operate, and enforce the local option sales and use tax, without 
interference from counties, cities, 
and
or
 towns
 and to 
; and
(b)
allow intervention by 
any
a
 county, city, or town only in the limited circumstances 
where a particular hearing or appeal may result in a significant lessening of the 
revenues of 
any
a
 single county, city, or town.
Section 19, Section 
59-12-701
 is amended to read:
59-12-701
. Legislative findings.
The Utah Legislature finds and declares that:
(1)
Recreational 
recreational 
and zoological facilities and the botanical, cultural, and 
zoological organizations of the state of Utah enhance the quality of life of Utah's 
citizens, as well as the continuing growth of Utah's tourist, convention, and recreational 
industries
.
;
(2)
Utah was the first state in this nation to create and financially support a state arts agency 
and remains committed to the nurturing and growth of cultural pursuits
.
;
(3)
Utah has provided, and intends to continue, the financial support of recreational and 
zoological facilities and the botanical, cultural, and zoological organizations of this state
.
;
(4)
The 
the 
state's support of its recreational and zoological facilities and its botanical, 
cultural, and zoological organizations has not been sufficient to assure the continuing 
existence and growth of these facilities and organizations, and the Legislature believes 
that local government may wish to play a greater role in the support of these 
organizations
.
; and
(5)
Without jeopardizing the state's ongoing support of its recreational and zoological 
facilities and its botanical, cultural, and zoological organizations, the Legislature intends 
to permit the counties of the state of Utah to enhance public financial support of Utah's 
publicly owned or operated recreational and zoological facilities, and botanical, cultural, 
and zoological organizations owned or operated by institutions or private nonprofit 
organizations, through the imposition of a county sales and use tax.
(6)
(5)
In 
in 
a county of the first class, it is necessary and appropriate to allocate a tax 
imposed under this part in a manner that provides adequate predictable support to a fixed 
number of botanical and cultural organizations and that gives the county legislative body 
discretion to allocate the tax revenues to other botanical and cultural organizations.
Section 20, Section 
59-12-1401
 is amended to read:
59-12-1401
. Purpose statement -- Definitions -- Scope of part.
(1)
The purpose of
In relation to
 the tax imposed by this part
 is the same for cities and 
towns as is stated in Section 
59-12-701
 for counties
, the legislative findings described 
in Section 
59-12-701
 apply similarly to cities and towns as the findings apply to counties
.
(2)
The definitions of Section 
59-12-702
 are incorporated into this part.
(3)
This part applies only to a city or town that is located within a county of the second, 
third, fourth, fifth, or sixth class as designated in Section 
17-50-501
.
Section 21, Section 
63A-3-104
 is amended to read:
63A-3-104
. Appropriation for contingency purposes -- Procedure for allotment.
(1)
(a)
The Legislature shall determine the amount to be appropriated for contingency 
purposes, as well as the limits on the amount of any one allotment or total allotments 
to any one agency.
(b)
In advance of making 
any such
an
 allotment
 described in Subsection 
(1)
, the 
governor shall notify the Legislature through the Office of the Legislative Fiscal 
Analyst, of 
his or her intent to do so
the governor's intent to make an allotment
, of 
the amount to be allotted, and the justification for the allotment.
(2)
It is the intent of the Legislature that such transfers
Allotments described in this section:
(a)
shall
 be made only for unforeseeable emergencies
, and allotments shall 
; and
(b)
may 
not be made to correct poor budgetary practices or for purposes having no 
existing appropriation or authorization.
Section 22, Section 
63N-1a-305
 is amended to read:
63N-1a-305
. Incentive review process.
The 
Legislature intends that the office will
office shall
 develop an incentives review 
process under the direction of the speaker of the House and the president of the Senate.
Section 23, Section 
64-9b-5
 is amended to read:
64-9b-5
. Use of earnings from jobs.
It is the legislative intent, and inmates are encouraged, 
Inmates are encouraged 
to use 
their personal earnings from jobs created under this chapter for the following:
(1)
for restitution to the victims of the inmate's criminal offense, where applicable;
(2)
for support of the inmate's family, where applicable;
(3)
for the inmate's personal use; and
(4)
for reimbursement of security, operational, and other costs incurred by the Utah 
Correctional Industries Division of the department in administering these projects.
Section 24, Section 
64-13a-2
 is amended to read:
64-13a-2
. Division duties.
It is the intent of the Legislature in this chapter to:
(1)
create a
The
 Division of Correctional Industries
 which
:
(a)
(1)
is a self-supporting organization;
(b)
(2)
is profit-oriented;
(c)
(3)
generates revenue for its operations and capital investment;
 and
(d)
(4)
assumes responsibility for training offenders in general work habits, work skills, 
and specific training skills that increase their employment prospects when released;
(2)
(5)
shall 
provide an environment for the operation of correctional industries that 
closely resembles the environment for the business operations of a private corporate 
entity;
 and
(3)
(6)
make the Division of Correctional Industries
is
 responsible for and accountable to 
the Legislature and to the governor for correctional industries programs in this state.
Section 25, Section 
72-5-201
 is amended to read:
72-5-201
. Legislative finding -- Ensuring access.
(1)
(a)
The Legislature 
recognizes
finds
 that highways provide tangible benefits to 
private and public lands of the state by providing access, allowing development, and 
facilitating production of income.
(b)
Many of those highways traverse state lands, including lands held by the state in trust 
for the school children and public institutions of the state.
(c)
Many of the existing highways have been previously established without an official 
grant of an easement or right of entry from this state, yet these highways often are the 
only access to private and public lands of the state.
(2)
The 
Legislature intends to establish a means for ensuring
state shall ensure
 continued 
access to the private and public lands of the state for the good of the people, while 
fulfilling its fiduciary responsibilities toward the schoolchildren by protecting their trust 
holdings against loss.
Section 26, Section 
73-10-1
 is amended to read:
73-10-1
. State's policy -- Creation of revolving fund -- General construction of 
chapter.
(1)
(a)
The Legislature 
restates the following, previously-declared policies 
of the state of 
Utah
 has heretofore declared
:
(i)
by Section 
73-1-1
, Utah Code Annotated 1953, that, 
"All waters in this state, 
whether above or under the ground, are hereby declared to be the property of the 
public, subject to all existing rights to the use thereof";
(ii)
by Section 
73-1-3
, Utah Code Annotated 1953, that 
"Beneficial use shall be the 
basis, the measure and the limit of all rights to the use of water in this state"; and
(iii)
by Section 
17B-2a-1002
 that the policy of the state is, 
to "
obtain from water 
in the state the highest duty for domestic uses and irrigation of lands in the state 
within the terms of applicable interstate compacts and other law."
(b)
The Legislature by this chapter reiterates and reaffirms 
such
the
 declaration of the 
public policy of the state of Utah
, described in Subsection 
(1)(a)
.
(2)
It is further declared to be the policy of this chapter and of the state of Utah, and the 
legislature
Legislature
 recognizes:
(a)
that by construction of projects based upon sound engineering the waters within the 
various counties of the state of Utah can be saved from waste and increased in 
efficiency of beneficial use by 25% to 100%;
(b)
that because of well-known conditions such as low prices and lack of market for 
farm products, particularly the inefficiency of water supply because of lack of late 
season water and consequent lack of financial strength, water users in small 
communities have been unable to build projects that would provide full conservation 
and beneficial use for the limited water supply in this semiarid land;
(c)
that water, as the property of the public, should be so managed by the public that it 
can be put to the highest use for public benefit;
(d)
that Congress of the United States has provided for the building of larger water 
conservation projects throughout the semiarid states, payment of the capital costs 
without interest to be made by the water users upon the basis of a fair portion of crop 
returns;
(e)
that the Congress of the United States has established in the department of interior 
and in the department of agriculture, various agencies having authority to develop, 
protect, and aid in putting to beneficial use the land and water resources of the United 
States and to cooperate with state agencies having similar authority;
(f)
that the interests of the state of Utah require that means be provided for close 
cooperation between all state and federal agencies to the end that the underground 
waters and waters of the small streams of the state, and the lands thereunder, can be 
made to yield abundantly and increase the income and well-being of the citizens of 
the state;
 and
(g)
that it appears to be sound public policy for the state of Utah to provide a revolving 
fund, to be increased at each legislative session, to the end that every mountain 
stream and every water resource within the state can be made to render the highest 
beneficial service, such fund to be so administered that no project will be built except 
upon expert engineering, financial, and geological approval.
(3)
All of the provisions of this chapter shall be liberally construed so as to carry out and 
put into force and effect the purposes and policies as hereinabove set forth.
Section 27, Section 
77-37-1
 is amended to read:
77-37-1
. Legislative findings.
(1)
(a)
The Legislature recognizes the duty of victims and witnesses of crime to fully and 
voluntarily cooperate with law enforcement and prosecutorial agencies, the essential 
nature of citizen cooperation to state and local law enforcement efforts, and the 
general effectiveness and well-being of the criminal justice system of this state.
In 
this chapter, the Legislature declares its intent to
(b)
The state shall
 ensure that all victims and witnesses of crime are treated with dignity, 
respect, courtesy, and sensitivity, and that the rights extended in this chapter to 
victims and witnesses of crime are honored and protected by law in a manner no less 
vigorous than protections afforded criminal defendants.
(2)
(a)
The Legislature finds it is necessary to provide child victims and child witnesses 
with additional consideration and different treatment than that usually afforded to 
adults.
(b)
The treatment should ensure that children's participation in the criminal justice 
process be conducted in the most effective and least traumatic, intrusive, or 
intimidating manner.
Section 28, Section 
78B-6-102
 is amended to read:
78B-6-102
. Legislative findings -- Best interest of child -- Interests of each party.
(1)
It is the intent and desire of the Legislature that in 
In 
every adoption
,
 the best interest 
of the child should govern and be of foremost concern in 
the
a
 court's determination.
(2)
The court shall make a specific finding regarding the best interest of the child, taking 
into consideration information provided to the court pursuant to the requirements of this 
chapter relating to the health, safety, and welfare of the child and the moral climate of 
the potential adoptive placement.
(3)
The Legislature finds that the rights and interests of all parties affected by an adoption 
proceeding must be considered and balanced in determining what constitutional 
protections and processes are necessary and appropriate.
(4)
The Legislature specifically finds that it is not in a child's best interest to be adopted by 
a person or persons who are cohabiting in a relationship that is not a legally valid and 
binding marriage under the laws of this state. Nothing in this section limits or prohibits 
the court's placement of a child with a single adult who is not cohabiting or a person 
who is a relative of the child or a recognized placement under the Indian Child Welfare 
Act, 25 U.S.C. Sec. 1901 et seq.
(5)
The Legislature also finds that:
(a)
the state has a compelling interest in providing stable and permanent homes for 
adoptive children in a prompt manner, in preventing the disruption of adoptive 
placements, and in holding parents accountable for meeting the needs of children;
(b)
an unmarried mother, faced with the responsibility of making crucial decisions about 
the future of a newborn child, is entitled to privacy, and has the right to make timely 
and appropriate decisions regarding her future and the future of the child, and is 
entitled to assurance regarding the permanence of an adoptive placement;
(c)
adoptive children have a right to permanence and stability in adoptive placements;
(d)
adoptive parents have a constitutionally protected liberty and privacy interest in 
retaining custody of an adopted child;
(e)
an unmarried biological father has an inchoate interest that acquires constitutional 
protection only when he demonstrates a timely and full commitment to the 
responsibilities of parenthood, both during pregnancy and upon the child's birth; and
(f)
the state has a compelling interest in requiring unmarried biological fathers to 
demonstrate commitment by providing appropriate medical care and financial 
support and by establishing legal paternity, in accordance with the requirements of 
this chapter.
(6)
(a)
In enacting this chapter, the Legislature has prescribed the conditions for 
determining whether an unmarried biological father's action is sufficiently prompt 
and substantial to require constitutional protection.
(b)
If an unmarried biological father fails to grasp the opportunities to establish a 
relationship with his child that are available to him, his biological parental interest 
may be lost entirely, or greatly diminished in constitutional significance by his failure 
to timely exercise it, or by his failure to strictly comply with the available legal steps 
to substantiate it.
(c)
A certain degree of finality is necessary in order to facilitate the state's compelling 
interest. The Legislature finds that the interests of the state, the mother, the child, 
and the adoptive parents described in this section outweigh the interest of an 
unmarried biological father who does not timely grasp the opportunity to establish 
and demonstrate a relationship with his child in accordance with the requirements of 
this chapter.
(d)
The Legislature finds no practical way to remove all risk of fraud or 
misrepresentation in adoption proceedings, and has provided a method for absolute 
protection of an unmarried biological father's rights by compliance with the 
provisions of this chapter. In balancing the rights and interests of the state, and of all 
parties affected by fraud, specifically the child, the adoptive parents, and the 
unmarried biological father, the Legislature has determined that the unmarried 
biological father is in the best position to prevent or ameliorate the effects of fraud 
and that, therefore, the burden of fraud shall be borne by him.
(e)
An unmarried biological father has the primary responsibility to protect his rights.
(f)
An unmarried biological father is presumed to know that the child may be adopted 
without his consent unless he strictly complies with the provisions of this chapter, 
manifests a prompt and full commitment to his parental responsibilities, and 
establishes paternity.
(7)
The Legislature finds that an unmarried mother has a right of privacy with regard to her 
pregnancy and adoption plan, and therefore has no legal obligation to disclose the 
identity of an unmarried biological father prior to or during an adoption proceeding, and 
has no obligation to volunteer information to the court with respect to the father.
Section 29, 
Repealer.
Short title.
Legislative intent -- Purpose of chapter.
Statement of legislative intent.
Legislative intent -- Liberal construction.
Legislative intent.
Title.
Liberal construction.
Legislative intent.
Purpose of chapter.
Section 30. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 12:56 PM