Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 17 (2025GS)

Sponsor

Sen. Millner, Ann

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides certain exemptions from occupational and professional licensure in a variety of occupations and professions for:
• a United States Department of Defense employee if the employee has a valid license in another jurisdiction; and
• a spouse of a United States Department of Defense employee if the spouse has a valid license in another jurisdiction;
• provides in-state residency for tuition purposes at an institution of higher education for a United States Department of Defense employee and the employee's family;
• addresses k-12 requirements for a child of a United States Department of Defense employee;
• contains a coordination clause to coordinate technical changes between this bill and H.B. 142, Service Member and Veteran Amendments; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

34
4-1-109
4-1-111
13-1-15
31A-23a-102
31A-23a-104
31A-26-102
31A-26-202
53-9-102
53-9-122
53B-8-102
53E-3-1201
53E-3-1202
53E-3-1203
53E-3-1204
53E-3-1205
53E-6-102
53E-6-204
53G-1-103
53G-6-306
53G-6-402
53G-6-502
58-1-102
58-1-307
61-1-32
61-2f-102
61-2f-202
SB0017
HB0142
53B-8-102
1
Services for Department of Defense Civilian Employees
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: Val L. Peterson
LONG TITLE
General Description:
This bill addresses certain benefits for a United States Department of Defense employee 
and the employee's family.
Highlighted Provisions:
This bill:
 provides certain exemptions from occupational and professional licensure in a variety of 
occupations and professions for:
a United States Department of Defense employee if the employee has a valid license in 
another jurisdiction; and
a spouse of a United States Department of Defense employee if the spouse has a valid 
license in another jurisdiction;
provides in-state residency for tuition purposes at an institution of higher education for a 
United States Department of Defense employee and the employee's family;
addresses k-12 requirements for a child of a United States Department of Defense 
employee;
contains a coordination clause to coordinate technical changes between this bill and H.B. 
142, Service Member and Veteran Amendments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
4-1-109
, as last amended by Laws of Utah 2024, Chapter 152
4-1-111
, as enacted by Laws of Utah 2018, Chapter 462
13-1-15
, as enacted by Laws of Utah 2018, Chapter 462
31A-23a-102
, as last amended by Laws of Utah 2015, Chapters 244, 330
31A-23a-104
, as last amended by Laws of Utah 2018, Chapter 462
31A-26-102
, as last amended by Laws of Utah 2021, Chapter 252
31A-26-202
, as last amended by Laws of Utah 2018, Chapter 462
53-9-102
, as last amended by Laws of Utah 2024, Chapter 506
53-9-122
, as last amended by Laws of Utah 2019, Chapter 136
53B-8-102
, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
53E-6-102
, as last amended by Laws of Utah 2024, Chapter 20
53E-6-204
, as last amended by Laws of Utah 2019, Chapter 186
53G-1-103
, as last amended by Laws of Utah 2020, Chapter 161 and last amended by 
Coordination Clause, Laws of Utah 2020, Chapter 161
53G-6-306
, as last amended by Laws of Utah 2023, Chapter 44
53G-6-402
, as last amended by Laws of Utah 2024, Chapter 67
53G-6-502
, as last amended by Laws of Utah 2023, Chapter 44
58-1-102
, as last amended by Laws of Utah 2024, Chapter 486
58-1-307
, as last amended by Laws of Utah 2023, Chapters 310, 328
61-1-32
, as enacted by Laws of Utah 2018, Chapter 462
61-2f-102
, as last amended by Laws of Utah 2024, Chapter 227
61-2f-202
, as last amended by Laws of Utah 2022, Chapter 204
ENACTS:
53E-3-1201
, Utah Code Annotated 1953
53E-3-1202
, Utah Code Annotated 1953
53E-3-1203
, Utah Code Annotated 1953
53E-3-1204
, Utah Code Annotated 1953
53E-3-1205
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
AMENDS:
53B-8-102
, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-1-109
 is amended to read:
4-1-109
. General definitions.
As used in this title:
(1)
"Agricultural product" or "product of agriculture" means any product that is derived 
from agriculture, including any product derived from aquaculture as defined in Section 
4-37-103
.
(2)
"Agriculture" means the science and art of the production of plants and animals useful 
to man, including the preparation of plants and animals for human use and disposal by 
marketing or otherwise.
(3)
"Commissioner" means the commissioner of agriculture and food.
(4)
"Department" means the Department of Agriculture and Food created in Chapter 2, 
Administration.
(5)
"Dietary supplement" means the same as that term is defined in the Federal Food, Drug, 
and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(6)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(6)
(7)
"Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated 
elk as defined in Section 
4-39-102
, or any other domestic animal or domestic furbearer 
raised or kept for profit.
(7)
(8)
"Local food" means an agricultural product or livestock that is:
(a)
produced, processed, and distributed for sale or consumption within the state; and
(b)
sold to an end consumer within the state.
(8)
(9)
"Organization" means a corporation, government or governmental subdivision or 
agency, business trust, estate, trust, partnership, association, two or more persons having 
a joint or common interest, or any other legal entity.
(9)
(10)
"Person" means a natural person or individual, corporation, organization, or other 
legal entity.
Section 2, Section 
4-1-111
 is amended to read:
4-1-111
. Exemptions from licensure.
Except as otherwise provided by statute or rule, the following individuals may engage in 
the practice of an occupation or profession regulated by this title, subject to the stated 
circumstances and limitations, without being licensed under this title:
(1)
an individual licensed under the laws of this state, other than under this title, to practice 
or engage in an occupation or profession, while engaged in the lawful, professional, and 
competent practice of that occupation or profession;
(2)
an individual serving in the armed forces of the United States, the United States Public 
Health Service, the United States Department of Veterans Affairs, or any other federal 
agency while engaged in activities regulated under this title as a part of employment 
with that federal agency if the individual holds a valid license to practice the regulated 
occupation or profession issued by any other state or jurisdiction recognized by the 
department; and
(3)
the spouse of an individual serving in the armed forces of the United States
 or the 
spouse of a DOD civilian
 while the individual
 or DOD civilian
 is stationed within this 
state, if:
(a)
the spouse holds a valid license to practice the regulated occupation or profession 
issued by any other state or jurisdiction recognized by the department; and
(b)
the license is current and the spouse is in good standing in the state or jurisdiction of 
licensure.
Section 3, Section 
13-1-15
 is amended to read:
13-1-15
. Exemptions from licensure.
(1)
As used in this section, "DOD civilian" means the same as that term is defined in 
Section 
53B-8-102
.
(2)
Except as otherwise provided by statute or rule, the following individuals may 
engage in the practice of an occupation or profession regulated by this title, subject to 
the stated circumstances and limitations, without being licensed under this title:
(1)
(a)
an individual licensed under the laws of this state, other than under this title, to 
practice or engage in an occupation or profession, while engaged in the lawful, 
professional, and competent practice of that occupation or profession;
(2)
(b)
an individual serving in the armed forces of the United States, the United States 
Public Health Service, the United States Department of Veterans Affairs, or any other 
federal agency while engaged in activities regulated under this title as a part of 
employment with that federal agency if the individual holds a valid license to practice 
the regulated occupation or profession issued by any other state or jurisdiction 
recognized by the department; and
(3)
(c)
the spouse of an individual serving in the armed forces of the United States
 or 
the spouse of a DOD civilian
 while the individual
 or DOD civilian
 is stationed within 
this state, if:
(a)
(i)
the spouse holds a valid license to practice the regulated occupation or 
profession issued by any other state or jurisdiction recognized by the department; 
and
(b)
(ii)
the license is current and the spouse is in good standing in the state or 
jurisdiction of licensure.
Section 4, Section 
31A-23a-102
 is amended to read:
31A-23a-102
. Definitions.
As used in this chapter:
(1)
"Bail bond producer" is as defined in Section 
31A-35-102
.
(2)
"Designated home state" means the state or territory of the United States or the District 
of Columbia:
(a)
in which an insurance producer, limited lines producer, consultant, managing general 
agent, or reinsurance intermediary licensee does not maintain the licensee's principal:
(i)
place of residence; or
(ii)
place of business;
(b)
if the resident state, territory, or District of Columbia of the licensee does not license 
for the line of authority sought, the licensee has qualified for the license as if the 
person were a resident in the state, territory, or District of Columbia described in 
Subsection 
(2)(a)
, including an applicable:
(i)
examination requirement;
(ii)
fingerprint background check requirement; and
(iii)
continuing education requirement; and
(c)
if the licensee has designated the state, territory, or District of Columbia as the 
designated home state.
(3)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(3)
(4)
"Home state" means:
(a)
a state or territory of the United States or the District of Columbia in which an 
insurance producer, limited lines producer, consultant, managing general agent, or 
reinsurance intermediary licensee:
(i)
maintains the licensee's principal:
(A)
place of residence; or
(B)
place of business; and
(ii)
is licensed to act as a resident licensee; or
(b)
if the resident state, territory, or the District of Columbia described in Subsection 
(3)(a)
(4)(a)
 does not license for the line of authority sought, a state, territory, or the 
District of Columbia:
(i)
in which the licensee is licensed;
(ii)
in which the licensee is in good standing; and
(iii)
that the licensee has designated as the licensee's designated home state.
(4)
(5)
"Insurer" is as defined in Section 
31A-1-301
, except that the following persons or 
similar persons are not insurers for purposes of 
Part 7, Producer Controlled Insurers
:
(a)
a risk retention group as defined in:
(i)
the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499;
(ii)
the Risk Retention Act, 15 U.S.C. Sec. 3901 et seq.; and
(iii)
Chapter 15, Part 2, Risk Retention Groups Act
;
(b)
a residual market pool;
(c)
a joint underwriting authority or association; and
(d)
a captive insurer.
(5)
(6)
"License" is defined in Section 
31A-1-301
.
(6)
(7)
(a)
"Managing general agent" means a person that:
(i)
manages all or part of the insurance business of an insurer, including the 
management of a separate division, department, or underwriting office;
(ii)
acts as an agent for the insurer whether it is known as a managing general agent, 
manager, or other similar term;
(iii)
produces and underwrites an amount of gross direct written premium equal to, or 
more than, 5% of the policyholder surplus as reported in the last annual statement 
of the insurer in any one quarter or year:
(A)
with or without the authority;
(B)
separately or together with an affiliate; and
(C)
directly or indirectly; and
(iv)
(A)
adjusts or pays claims in excess of an amount determined by the 
commissioner; or
(B)
negotiates reinsurance on behalf of the insurer.
(b)
Notwithstanding Subsection 
(6)(a)
(7)(a)
, the following persons may not be 
considered as managing general agent for the purposes of this chapter:
(i)
an employee of the insurer;
(ii)
a United States manager of the United States branch of an alien insurer;
(iii)
an underwriting manager that, pursuant to contract:
(A)
manages all the insurance operations of the insurer;
(B)
is under common control with the insurer;
(C)
is subject to 
Chapter 16, Insurance Holding Companies
; and
(D)
is not compensated based on the volume of premiums written; and
(iv)
the attorney-in-fact authorized by and acting for the subscribers of a reciprocal 
insurer or inter-insurance exchange under powers of attorney.
(7)
(8)
"Negotiate" means the act of conferring directly with or offering advice directly to 
a purchaser or prospective purchaser of a particular contract of insurance concerning a 
substantive benefit, term, or condition of the contract if the person engaged in that act:
(a)
sells insurance; or
(b)
obtains insurance from insurers for purchasers.
(8)
(9)
"Reinsurance intermediary" means:
(a)
a reinsurance intermediary-broker; or
(b)
a reinsurance intermediary-manager.
(9)
(10)
"Reinsurance intermediary-broker" means a person other than an officer or 
employee of the ceding insurer, firm, association, or corporation who solicits, negotiates, 
or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the 
authority or power to bind reinsurance on behalf of the insurer.
(10)
(11)
(a)
"Reinsurance intermediary-manager" means a person who:
(i)
has authority to bind or who manages all or part of the assumed reinsurance 
business of a reinsurer, including the management of a separate division, 
department, or underwriting office; and
(ii)
acts as an agent for the reinsurer whether the person is known as a reinsurance 
intermediary-manager, manager, or other similar term.
(b)
Notwithstanding Subsection 
(10)(a)
(11)(a)
, the following persons may not be 
considered reinsurance intermediary-managers for the purpose of this chapter with 
respect to the reinsurer:
(i)
an employee of the reinsurer;
(ii)
a United States manager of the United States branch of an alien reinsurer;
(iii)
an underwriting manager that, pursuant to contract:
(A)
manages all the reinsurance operations of the reinsurer;
(B)
is under common control with the reinsurer;
(C)
is subject to 
Chapter 16, Insurance Holding Companies
; and
(D)
is not compensated based on the volume of premiums written; and
(iv)
the manager of a group, association, pool, or organization of insurers that:
(A)
engage in joint underwriting or joint reinsurance; and
(B)
are subject to examination by the insurance commissioner of the state in 
which the manager's principal business office is located.
(11)
(12)
"Resident" is as defined by rule made by the commissioner in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(12)
(13)
"Sell" means to exchange a contract of insurance:
(a)
by any means;
(b)
for money or its equivalent; and
(c)
on behalf of an insurance company.
(13)
(14)
"Solicit" means:
(a)
attempting to sell insurance;
(b)
asking or urging a person to apply for:
(i)
a particular kind of insurance; and
(ii)
insurance from a particular insurance company;
(c)
advertising insurance, including advertising for the purpose of obtaining leads for the 
sale of insurance; or
(d)
holding oneself out as being in the insurance business.
(14)
(15)
"Terminate" means:
(a)
the cancellation of the relationship between:
(i)
an individual licensee or agency licensee and a particular insurer; or
(ii)
an individual licensee and a particular agency licensee; or
(b)
the termination of:
(i)
an individual licensee's or agency licensee's authority to transact insurance on 
behalf of a particular insurance company; or
(ii)
an individual licensee's authority to transact insurance on behalf of a particular 
agency licensee.
(15)
(16)
"Title examination" means a license subline of authority in conjunction with the 
title insurance line of authority that allows a person to issue title insurance commitments 
or policies on behalf of a title insurer.
(16)
(17)
"Title marketing representative" means a person who:
(a)
represents a title insurer in soliciting, requesting, or negotiating the placing of:
(i)
title insurance; or
(ii)
escrow services; and
(b)
does not have a title examination or escrow license as provided in Section 
31A-23a-106
.
(17)
(18)
"Uniform application" means the version of the National Association of 
Insurance Commissioners' uniform application for resident and nonresident producer 
licensing at the time the application is filed.
(18)
(19)
"Uniform business entity application" means the version of the National 
Association of Insurance Commissioners' uniform business entity application for 
resident and nonresident business entities at the time the application is filed.
Section 5, Section 
31A-23a-104
 is amended to read:
31A-23a-104
. Application for individual license -- Application for agency license.
(1)
This section applies to an initial or renewal license as a:
(a)
producer;
(b)
surplus lines producer;
(c)
limited line producer;
(d)
consultant;
(e)
managing general agent; or
(f)
reinsurance intermediary.
(2)
(a)
Subject to Subsection 
(2)(b)
, to obtain or renew an individual license, an 
individual shall:
(i)
file an application for an initial or renewal individual license with the 
commissioner on forms and in a manner the commissioner prescribes; and
(ii)
except as provided in Subsection 
(6)
, pay a license fee that is not refunded if the 
application:
(A)
is denied; or
(B)
is incomplete when filed and is never completed by the applicant.
(b)
An application described in this Subsection 
(2)
 shall provide:
(i)
information about the applicant's identity;
(ii)
the applicant's Social Security number;
(iii)
the applicant's personal history, experience, education, and business record;
(iv)
whether the applicant is 18 years 
of age
old
 or older;
(v)
whether the applicant has committed an act that is a ground for denial, 
suspension, or revocation as set forth in Section 
31A-23a-105
 or 
31A-23a-111
;
(vi)
if the application is for a resident individual producer license, certification that 
the applicant complies with Section 
31A-23a-203.5
; and
(vii)
any other information the commissioner reasonably requires.
(3)
The commissioner may require a document reasonably necessary to verify the 
information contained in an application filed under this section.
(4)
An applicant's Social Security number contained in an application filed under this 
section is a private record under Section 
63G-2-302
.
(5)
(a)
Subject to Subsection 
(5)(b)
, to obtain or renew an agency license, a person shall:
(i)
file an application for an initial or renewal agency license with the commissioner 
on forms and in a manner the commissioner prescribes; and
(ii)
pay a license fee that is not refunded if the application:
(A)
is denied; or
(B)
is incomplete when filed and is never completed by the applicant.
(b)
An application described in Subsection 
(5)(a)
 shall provide:
(i)
information about the applicant's identity;
(ii)
the applicant's federal employer identification number;
(iii)
the designated responsible licensed individual;
(iv)
the identity of the owners, partners, officers, and directors;
(v)
whether the applicant has committed an act that is a ground for denial, 
suspension, or revocation as set forth in Section 
31A-23a-105
 or 
31A-23a-111
; and
(vi)
any other information the commissioner reasonably requires.
(6)
The following individuals are exempt from paying a license fee:
(a)
an individual serving in the armed forces of the United States while the individual is 
stationed within this state, if:
(i)
the individual holds a valid license to practice the regulated occupation or 
profession issued by any other state or jurisdiction recognized by the department; 
and
(ii)
the license is current and the individual is in good standing in the state or 
jurisdiction of licensure; and
(b)
the spouse of an individual serving in the armed forces of the United States 
or the 
spouse of a DOD civilian 
while the individual 
or DOD civilian 
is stationed within 
this state, if:
(i)
the spouse holds a valid license to practice the regulated occupation or profession 
issued by any other state or jurisdiction recognized by the department; and
(ii)
the license is current and the spouse is in good standing in the state or jurisdiction 
of licensure.
Section 6, Section 
31A-26-102
 is amended to read:
31A-26-102
. Definitions.
As used in this chapter, unless expressly provided otherwise:
(1)
"Company adjuster" means a person employed by an insurer who negotiates or settles 
claims on behalf of the insurer or an affiliated insurer.
(2)
"Designated home state" means the state or territory of the United States or the District 
of Columbia:
(a)
in which an insurance adjuster does not maintain the adjuster's principal:
(i)
place of residence; or
(ii)
place of business;
(b)
if the resident state, territory, or District of Columbia of the adjuster does not license 
adjusters for the line of authority sought, the adjuster has qualified for the license as 
if the person were a resident in the state, territory, or District of Columbia described 
in Subsection 
(2)(a)
, including an applicable:
(i)
examination requirement;
(ii)
fingerprint background check requirement; and
(iii)
continuing education requirement; and
(c)
that the adjuster has designated as the insurance adjuster's designated home state.
(3)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(3)
(4)
"Home state" means:
(a)
a state or territory of the United States or the District of Columbia in which an 
insurance adjuster:
(i)
maintains the adjuster's principal:
(A)
place of residence; or
(B)
place of business; and
(ii)
is licensed to act as a resident adjuster; or
(b)
if the resident state, territory, or the District of Columbia described in Subsection 
(3)(a)
(4)(a)
 does not license adjusters for the line of authority sought, a state, 
territory, or the District of Columbia:
(i)
in which the adjuster is licensed;
(ii)
in which the adjuster is in good standing; and
(iii)
that the adjuster has designated as the adjuster's designated home state.
(4)
(5)
"Independent adjuster" means an insurance adjuster required to be licensed under 
Section 
31A-26-201
, who engages in insurance adjusting as a representative of one or 
more insurers.
(5)
(6)
"Insurance adjusting" or "adjusting" means directing or conducting the 
investigation, negotiation, or settlement of a claim under an insurance policy, on behalf 
of an insurer, policyholder, or a claimant under an insurance policy.
(6)
(7)
(a)
"Organization" means a person other than a natural person.
(b)
"Organization" includes a sole proprietorship by which a natural person does 
business under an assumed name.
(7)
(8)
"Portable electronics insurance" means the same as that term is defined in Section 
31A-22-1802
.
(8)
(9)
"Public adjuster" means a person required to be licensed under Section 
31A-26-201
, 
who engages in insurance adjusting as a representative of insureds and claimants under 
insurance policies.
Section 7, Section 
31A-26-202
 is amended to read:
31A-26-202
. Application for license.
(1)
(a)
The application for a license as an independent adjuster or public adjuster shall be:
(i)
made to the commissioner on forms and in a manner the commissioner prescribes; 
and
(ii)
except as provided in Subsection 
(4)
, accompanied by the applicable fee, which is 
not refunded if the application is denied.
(b)
The application shall provide:
(i)
information about the applicant's identity, including:
(A)
the applicant's:
(I)
Social Security number; or
(II)
federal employer identification number;
(B)
the applicant's personal history, experience, education, and business record;
(C)
if the applicant is a natural person, whether the applicant is 18 years 
of age
old
 or older; and
(D)
whether the applicant has committed an act that is a ground for denial, 
suspension, or revocation as set forth in Section 
31A-25-208
; and
(ii)
any other information as the commissioner reasonably requires.
(2)
The commissioner may require documents reasonably necessary to verify the 
information contained in the application.
(3)
An applicant's Social Security number contained in an application filed under this 
section is a private record under Section 
63G-2-302
.
(4)
The following individuals are exempt from paying a license fee:
(a)
an individual serving in the armed forces of the United States while the individual is 
stationed within this state, if:
(i)
the individual holds a valid license to practice the regulated occupation or 
profession issued by any other state or jurisdiction recognized by the department; 
and
(ii)
the license is current and the individual is in good standing in the state or 
jurisdiction of licensure; and
(b)
the spouse of an individual serving in the armed forces of the United States
 or the 
spouse of a DOD civilian
 while the individual 
or DOD civilian 
is stationed within 
this state, if:
(i)
the spouse holds a valid license to practice the regulated occupation or profession 
issued by any other state or jurisdiction recognized by the department; and
(ii)
the license is current and the spouse is in good standing in the state or jurisdiction 
of licensure.
Section 8, Section 
53-9-102
 is amended to read:
53-9-102
. Definitions.
In this chapter, unless otherwise stated:
(1)
"Adequate records" means records containing, at a minimum, sufficient information to 
identify the client, the dates of service, the fee for service, the payments for service, the 
type of service given, and copies of any reports that may have been made.
(2)
"Advertising" means the submission of bids, contracting or making known by any 
public notice, publication, or solicitation of business, directly or indirectly, that services 
regulated under this chapter are available for consideration.
(3)
"Agency" means a person who holds an agency license pursuant to this chapter, and 
includes one who employs an individual for wages and salary, and withholds all legally 
required deductions and contributions, or contracts with a registrant or an apprentice on 
a part-time or case-by-case basis to conduct an investigation on behalf of the agency.
(4)
"Applicant" means any person who has submitted a completed application and all 
required fees.
(5)
"Apprentice" means a person who holds an apprentice license pursuant to this chapter, 
has not met the requirements for registration, and works under the direct supervision and 
guidance of an agency.
(6)
"Board" means the Bail Bond Recovery and Private Investigator Licensure Board 
created in Section 
53-11-104
.
(7)
"Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
.
(8)
"Commissioner" means the commissioner of the Department of Public Safety.
(9)
"Conviction" means an adjudication of guilt by a federal, state, or local court resulting 
from trial or plea, including a plea of no contest, regardless of whether the imposition of 
sentence was suspended.
(10)
"Department" means the Department of Public Safety.
(11)
"Direct supervision" means that the agency or employer:
(a)
is responsible for, and authorizes, the type and extent of work assigned;
(b)
reviews and approves all work produced by the apprentice before it goes to the client;
(c)
closely supervises and provides direction and guidance to the apprentice in the 
performance of his assigned work; and
(d)
is immediately available to the apprentice for verbal contact, including by electronic 
means.
(12)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(12)
(13)
"Emergency action" means a summary suspension of a license pending 
revocation, suspension, or probation in order to protect the public health, safety, or 
welfare.
(13)
(14)
"Employee" means an individual who works for an agency or other employer, is 
listed on the agency's or employer's payroll records, and is under the agency's or 
employer's direction and control. An employee is not an independent contractor.
(14)
(15)
"Identification card" means a card issued by the commissioner to a qualified 
applicant for an agency, registrant, or apprentice license.
(15)
(16)
"Letter of concern" means an advisory letter to notify a licensee that while there 
is insufficient evidence to support probation, suspension, or revocation of a license, the 
department informs the licensee of the need to modify or eliminate certain practices and 
that continuation of the activities that led to the information being submitted to the 
department may result in further disciplinary action against the licensee.
(16)
(17)
"Licensee" means a person to whom an agency, registrant, or apprentice license 
is issued by the department.
(17)
(18)
(a)
"Private investigator or private detective" means any person, except 
collection agencies and credit reporting agencies, who, for consideration, engages in 
business or accepts employment to conduct any investigation for the purpose of 
obtaining information with reference to:
(i)
crime, wrongful acts, or threats against the United States or any state or territory 
of the United States;
(ii)
the identity, reputation, character, habits, conduct, business occupation, honesty, 
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, 
movements, whereabouts, affiliations, associations, or transactions of any person 
or group of persons;
(iii)
the credibility of witnesses or other persons;
(iv)
the whereabouts of missing persons or owners of abandoned property;
(v)
the causes and origin of, or responsibility for a fire, libel, slander, a loss, an 
accident, damage, or an injury to real or personal property;
(vi)
the business of securing evidence to be used before investigating committees or 
boards of award or arbitration or in the trial of civil or criminal cases and the trial 
preparation;
(vii)
the prevention, detection, and removal of installed devices for eavesdropping or 
observation;
(viii)
the business of "skip tracing" persons who have become delinquent in their 
lawful debts, either when hired by an individual, collection agency, or through the 
direct purchase of the debt from a financial institution or entity owning the debt or 
judgment; or
(ix)
serving civil process.
(b)
"Private investigator or private detective" does not include:
(i)
any person or employee conducting an investigation on the person's or employee's 
own behalf or on behalf of the employer if the employer is not a private 
investigator under this chapter;
(ii)
an employee of an attorney licensed to practice law in this state; or
(iii)
a currently licensed certified public accountant or CPA as defined in Section 
58-26a-102
.
(18)
(19)
"Qualifying party" means the individual meeting the qualifications under this 
chapter for a private investigator license.
(19)
(20)
"Registrant" means any person who holds a registrant license pursuant to this 
chapter. The registrant performs private investigative work either as an employee on an 
employer's payroll or, on a contract with an agency, part-time, or case-by-case basis, 
with a minimum amount of direction.
(20)
(21)
"Restructuring" means any change in the legal status of a business.
(21)
(22)
"Unprofessional conduct" means any of the following:
(a)
engaging or offering to engage by fraud or misrepresentation in any activities 
regulated by this chapter;
(b)
aiding or abetting a person who is not licensed pursuant to this chapter in 
representing that person as a private investigator or registrant in this state;
(c)
gross negligence in the practice of a private investigator or registrant;
(d)
failing or refusing to maintain adequate records and investigative findings on a 
subject of investigation or a client;
(e)
committing a felony or a misdemeanor involving any crime that is grounds for 
denial, suspension, or revocation of an agency, registrant, or apprentice license. In 
all cases, conviction by a court of competent jurisdiction or a plea of no contest is 
conclusive evidence of the commission of the crime; or
(f)
making a fraudulent or untrue statement to the bureau, board, department, or its 
investigators, staff, or consultants.
Section 9, Section 
53-9-122
 is amended to read:
53-9-122
. Exemptions from licensure.
Except as otherwise provided by statute or rule, the following individuals may engage in 
the practice of an occupation or profession regulated by this chapter, subject to the stated 
circumstances and limitations, without being licensed under this title:
(1)
an individual licensed under the laws of this state, other than under this chapter, to 
practice or engage in an occupation or profession, while engaged in the lawful, 
professional, and competent practice of that occupation or profession;
(2)
an individual serving in the armed forces of the United States, the United States Public 
Health Service, the United States Department of Veterans Affairs, or any other federal 
agency while engaged in activities regulated under this title as a part of employment 
with that federal agency if the individual holds a valid license to practice the regulated 
occupation or profession issued by any other state or jurisdiction recognized by the 
department; and
(3)
the spouse of an individual serving in the armed forces of the United States 
or the 
spouse of a DOD civilian 
while the individual 
or DOD civilian 
is stationed within this 
state, if:
(a)
the spouse holds a valid license to practice the regulated occupation or profession 
issued by any other state or jurisdiction recognized by the department; and
(b)
the license is current and the spouse is in good standing in the state or jurisdiction of 
licensure.
Section 10, Section 
53B-8-102
 is amended to read:
53B-8-102
. Definitions -- Resident student status -- Exceptions.
(1)
As used in this section:
(a)
"DOD civilian" means an employee of the United States Department of Defense who 
is assigned to perform the employee's duties at a military organization based in Utah.
(a)
(b)
"Eligible person" means an individual who is entitled to post-secondary 
educational benefits under Title 38 U.S.C., Veterans' Benefits.
(b)
(c)
"Immediate family member" means an individual's spouse or dependent child.
(c)
(d)
"Inmate" means the same as that term is defined in Section 
64-13-1
.
(d)
(e)
"Military service member" means an individual who:
(i)
is serving on active duty in the United States Armed Forces within the state of 
Utah;
(ii)
is a member of a reserve component of the United States Armed Forces assigned 
in Utah;
(iii)
is a member of the Utah National Guard; or
(iv)
maintains domicile in Utah, as described in Subsection (9)(a), but is assigned 
outside of Utah pursuant to federal permanent change of station orders.
(e)
(f)
"Military veteran" has the same meaning as veteran in Section 
68-3-12.5
.
(f)
(g)
"Parent" means a student's biological or adoptive parent.
(2)
The meaning of "resident student" is determined by reference to the general law on the 
subject of domicile, except as provided in this section.
(3)
(a)
Institutions within the state system of higher education may grant resident student 
status to any student who has come to Utah and established residency for the purpose 
of attending an institution of higher education, and who, prior to registration as a 
resident student:
(i)
has maintained continuous Utah residency status for one full year;
(ii)
has signed a written declaration that the student has relinquished residency in any 
other state; and
(iii)
has submitted objective evidence that the student has taken overt steps to 
establish permanent residency in Utah and that the student does not maintain a 
residence elsewhere.
(b)
Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
(i)
a Utah high school transcript issued in the past year confirming attendance at a 
Utah high school in the past 12 months;
(ii)
a Utah voter registration dated a reasonable period prior to application;
(iii)
a Utah driver license or identification card with an original date of issue or a 
renewal date several months prior to application;
(iv)
a Utah vehicle registration dated a reasonable period prior to application;
(v)
evidence of employment in Utah for a reasonable period prior to application;
(vi)
proof of payment of Utah resident income taxes for the previous year;
(vii)
a rental agreement showing the student's name and Utah address for at least 12 
months prior to application; and
(viii)
utility bills showing the student's name and Utah address for at least 12 months 
prior to application.
(c)
A student who is claimed as a dependent on the tax returns of a person who is not a 
resident of Utah is not eligible to apply for resident student status.
(4)
Except as provided in Subsection (8), an institution within the state system of higher 
education may establish stricter criteria for determining resident student status.
(5)
If an institution does not have a minimum credit-hour requirement, that institution shall 
honor the decision of another institution within the state system of higher education to 
grant a student resident student status, unless:
(a)
the student obtained resident student status under false pretenses; or
(b)
the facts existing at the time of the granting of resident student status have changed.
(6)
Within the limits established in 
Chapter 8, Tuition Waiver and Scholarships
, each 
institution within the state system of higher education may, regardless of its policy on 
obtaining resident student status, waive nonresident tuition either in whole or in part, but 
not other fees.
(7)
In addition to the waivers of nonresident tuition under Subsection (6), each institution 
may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the 
maximum number allowed by the appropriate athletic conference as recommended by 
the president of each institution.
(8)
Notwithstanding Subsection (3), an institution within the state system of higher 
education shall grant resident student status for tuition purposes to:
(a)
a military service member, if the military service member provides:
(i)
the military service member's current United States military identification card; 
and
(ii)
(A)
a statement from the military service member's current commander, or 
equivalent, stating that the military service member is assigned in Utah; or
(B)
evidence that the military service member is domiciled in Utah, as described 
in Subsection (9)(a);
(b)
a military service member's immediate family member, if the military service 
member's immediate family member provides:
(i)
(A)
the military service member's current United States military identification 
card; or
(B)
the immediate family member's current United States military identification 
card; and
(ii)
(A)
a statement from the military service member's current commander, or 
equivalent, stating that the military service member is assigned in Utah;
(B)
evidence that the military service member is domiciled in Utah, as described 
in Subsection (9)(a); or
(C)
evidence that the immediate family member completed at least one year of 
grades 9 through 12 at a local education agency, as defined in Section 
53E-1-102
, within the state while the military service member was assigned in 
Utah, regardless of the service member's current assignment
.
;
(c)
a military veteran, regardless of whether the military veteran served in Utah, if the 
military veteran provides:
(i)
evidence of an honorable or general discharge;
(ii)
a signed written declaration that the military veteran has relinquished residency in 
any other state and does not maintain a residence elsewhere;
(iii)
objective evidence that the military veteran has demonstrated an intent to 
establish residency in Utah, which may include any one of the following:
(A)
a Utah voter registration card;
(B)
a Utah driver license or identification card;
(C)
a Utah vehicle registration;
(D)
evidence of employment in Utah;
(E)
a rental agreement showing the military veteran's name and Utah address; or
(F)
utility bills showing the military veteran's name and Utah address;
(d)
a military veteran's immediate family member, regardless of whether the military 
veteran served in Utah, if the military veteran's immediate family member provides:
(i)
evidence of the military veteran's honorable or general discharge;
(ii)
a signed written declaration that the military veteran's immediate family member 
has relinquished residency in any other state and does not maintain a residence 
elsewhere; and
(iii)
objective evidence that the military veteran's immediate family member has 
demonstrated an intent to establish residency in Utah, which may include one of 
the items described in Subsection (8)(c)(iii);
(e)
a foreign service member as defined in the Foreign Service Family Act of 2021 who 
is either:
(i)
domiciled in Utah, recognizing the individual may not be physically present in the 
state due to an assignment; or
(ii)
assigned to a duty station in Utah if the foreign service member provides:
(A)
evidence of the foreign service member's status;
(B)
a statement from the foreign service member's current commander, or 
equivalent, stating that the foreign service member is assigned in Utah; or
(C)
evidence that the foreign service member is domiciled in Utah;
(f)
a foreign service member's immediate family member if the foreign service member 
is either:
(i)
domiciled in Utah, recognizing the individual may not be physically present in the 
state due to an assignment; or
(ii)
assigned to a duty station in Utah if the foreign service member provides:
(A)
evidence of the foreign service member's status;
(B)
a statement from the foreign service member's current commander, or 
equivalent, stating that the foreign service member is assigned in Utah; or
(C)
evidence that the foreign service member is domiciled in Utah;
(g)
an eligible person who provides:
(i)
evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
(ii)
a signed written declaration that the eligible person will use the Veteran Benefits 
under Title 38 U.S.C.; and
(iii)
objective evidence that the eligible person has demonstrated an intent to establish 
residency in Utah, which may include one of the items described in Subsection 
(8)(c)(iii);
(h)
an alien who provides:
(i)
evidence that the alien is a special immigrant visa recipient;
(ii)
evidence that the alien has been granted refugee status, humanitarian parole, 
temporary protected status, or asylum; or
(iii)
evidence that the alien has submitted in good faith an application for refugee 
status, humanitarian parole, temporary protected status, or asylum under United 
States immigration law;
 or
(i)
an inmate:
(i)
during the time the inmate is enrolled in the course; and
(ii)
for one year after the day on which the inmate is released from a correctional 
facility as defined in Section 
64-13-1
.
;
(j)
a DOD civilian, if the DOD civilian provides:
(i)
the DOD civilian's current United States Department of Defense identification 
card; and
(ii)
(A)
a statement from the DOD civilian's current commander, or equivalent, 
stating that the DOD civilian is assigned in Utah; or
(B)
evidence that the DOD civilian is domiciled in Utah, as described in 
Subsection (9)(a); or
(k)
a DOD civilian's immediate family member, if the DOD civilian's immediate family 
member provides:
(i)
the DOD civilian's current United States Department of Defense identification 
card; and
(ii)
(A)
a statement from the DOD civilian's current commander, or equivalent, 
stating that the DOD civilian is assigned in Utah; or
(B)
evidence that the DOD civilian is domiciled in Utah, as described in 
Subsection (9)(a).
(9)
(a)
The evidence described in Subsection (8)(a)(ii)(B)
 or
,
 (8)(b)(ii)(B)
, (8)(j)(ii)(B), 
or (8)(k)(ii)(B)
 includes:
(i)
a current Utah voter registration card;
(ii)
a valid Utah driver license or identification card;
(iii)
a current Utah vehicle registration;
(iv)
a copy of a Utah income tax return, in the 
name of the 
military service 
member's 
or
member,
 military service member's 
spouse's name
spouse
, 
DOD civilian, or 
DOD civilian's spouse 
filed as a resident in accordance with Section 
59-10-502
; or
(v)
proof that the military service member
 or
,
 military service member's spouse
, 
DOD civilian, or DOD civilian's spouse
 owns a home in Utah, including a 
property tax notice for property owned in Utah.
(b)
Aliens who are present in the United States on visitor, student, or other visas not 
listed in Subsection (8)(h) or (9)(c), which authorize only temporary presence in this 
country, do not have the capacity to intend to reside in Utah for an indefinite period 
and therefore are classified as nonresidents.
(c)
Aliens who have been granted or have applied for permanent resident status in the 
United States are classified for purposes of resident student status according to the 
same criteria applicable to citizens.
(10)
Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or 
trust lands lie partly or wholly within Utah or whose border is at any point contiguous 
with the border of Utah, and any American Indian who is a member of a federally 
recognized or known Utah tribe and who has graduated from a high school in Utah, is 
entitled to resident student status.
(11)
A Job Corps student is entitled to resident student status if the student:
(a)
is admitted as a full-time, part-time, or summer school student in a program of study 
leading to a degree or certificate; and
(b)
submits verification that the student is a current Job Corps student.
(12)
A person is entitled to resident student status and may immediately apply for resident 
student status if the person:
(a)
marries a Utah resident eligible to be a resident student under this section; and
(b)
establishes his or her domicile in Utah as demonstrated by objective evidence as 
provided in Subsection (3).
(13)
Notwithstanding Subsection (3)(c), a dependent student who has at least one parent 
who has been domiciled in Utah for at least 12 months prior to the student's application 
is entitled to resident student status.
(14)
(a)
A person who has established domicile in Utah for full-time permanent 
employment may rebut the presumption of a nonresident classification by providing 
substantial evidence that the reason for the individual's move to Utah was, in good 
faith, based on an employer requested transfer to Utah, recruitment by a Utah 
employer, or a comparable work-related move for full-time permanent employment 
in Utah.
(b)
All relevant evidence concerning the motivation for the move shall be considered, 
including:
(i)
the person's employment and educational history;
(ii)
the dates when Utah employment was first considered, offered, and accepted;
(iii)
when the person moved to Utah;
(iv)
the dates when the person applied for admission, was admitted, and was enrolled 
as a postsecondary student;
(v)
whether the person applied for admission to an institution of higher education 
sooner than four months from the date of moving to Utah;
(vi)
evidence that the person is an independent person who is:
(A)
at least 24 years old; or
(B)
not claimed as a dependent on someone else's tax returns; and
(vii)
any other factors related to abandonment of a former domicile and establishment 
of a new domicile in Utah for purposes other than to attend an institution of higher 
education.
(15)
(a)
A person who is in residence in Utah to participate in a United States Olympic 
athlete training program, at a facility in Utah, approved by the governing body for the 
athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
(b)
Upon the termination of the athlete's participation in the training program, the athlete 
shall be subject to the same residency standards applicable to other persons under this 
section.
(c)
Time spent domiciled in Utah during the Olympic athlete training program in Utah 
counts for Utah residency for tuition purposes upon termination of the athlete's 
participation in a Utah Olympic athlete training program.
(16)
(a)
A person who has established domicile in Utah for reasons related to divorce, the 
death of a spouse, or long-term health care responsibilities for an immediate family 
member, including the person's spouse, parent, sibling, or child, may rebut the 
presumption of a nonresident classification by providing substantial evidence that the 
reason for the individual's move to Utah was, in good faith, based on the long-term 
health care responsibilities.
(b)
All relevant evidence concerning the motivation for the move shall be considered, 
including:
(i)
the person's employment and educational history;
(ii)
the dates when the long-term health care responsibilities in Utah were first 
considered, offered, and accepted;
(iii)
when the person moved to Utah;
(iv)
the dates when the person applied for admission, was admitted, and was enrolled 
as a postsecondary student;
(v)
whether the person applied for admission to an institution of higher education 
sooner than four months from the date of moving to Utah;
(vi)
evidence that the person is an independent person who is:
(A)
at least 24 years old; or
(B)
not claimed as a dependent on someone else's tax returns; and
(vii)
any other factors related to abandonment of a former domicile and establishment 
of a new domicile in Utah for purposes other than to attend an institution of higher 
education.
(17)
A foreign service member or the foreign service member's immediate family member 
deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the 
eligibility for resident student status if the foreign service member or immediate family 
member maintains continuous enrollment even in the case of a change in domicile or 
duty station.
(18)
A DOD civilian or the DOD civilian's immediate family member deemed eligible for 
resident student status under Subsection (8)(j) or (k) shall retain the eligibility for 
resident student status if the DOD civilian or the DOD civilian's immediate family 
member maintains continuous enrollment even in the case of a change in domicile or 
duty station.
(18)
(19)
The board, after consultation with the institutions, shall make rules not 
inconsistent with this section:
(a)
concerning the definition of resident and nonresident students;
(b)
establishing procedures for classifying and reclassifying students;
(c)
establishing criteria for determining and judging claims of residency or domicile;
(d)
establishing appeals procedures; and
(e)
other matters related to this section.
(19)
(20)
A student shall be exempt from paying the nonresident portion of total tuition if 
the student:
(a)
is a foreign national legally admitted to the United States;
(b)
attended high school in this state for three or more years; and
(c)
graduated from a high school in this state or received the equivalent of a high school 
diploma in this state.
Section 11, Section 
53E-3-1201
 is enacted to read:
12. Education Opportunity for Children of United States Department of Defense 
Employees
53E-3-1201
. Definitions.
As used in this part:
(1)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(2)
"Child of a DOD civilian family" means a school-aged child, enrolled in kindergarten 
through grade 12, in the household of a currently serving DOD civilian.
(3)
"Deployment" means the period one month prior to the DOD civilian's departure from 
the DOD civilian's home station on orders through six months after return to the DOD 
civilian's home station.
(4)
(a)
"Educational record" means an official record, file, or data directly related to a 
student and maintained by a school or an LEA.
(b)
"Educational record" includes records encompassing all the material kept in the 
student's cumulative folder such as general identifying data, records of attendance, 
and of academic work completed, records of achievement and results of evaluative 
tests, health data, disciplinary status, test protocols, and individualized education 
programs.
(5)
(a)
"Extracurricular activity" means a voluntary activity sponsored by a school or an 
LEA or an organization sanctioned by the LEA.
(b)
"Extracurricular activity" includes preparation for and involvement in public 
performances, contests, athletic competitions, demonstrations, displays, and club 
activities.
(6)
(a)
"Military installation" means a base, camp, post, station, yard, center, homeport 
facility for any ship, or other activity under the jurisdiction of the United States 
Department of Defense.
(b)
"Military installation" includes a leased facility, which is located within any of the 
several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. 
Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other 
territory of the United States.
(c)
"Military installation" does not include a facility used primarily for civil works, 
rivers and harbors projects, or flood control projects.
(7)
"Sending state" means the state from which a child of a DOD civilian family is sent, 
brought, or caused to be sent or brought.
(8)
"State" means a state of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, and any other territory of the United States.
(9)
"Transferring student" means a child of a DOD civilian family who is seeking to be 
enrolled in a school in Utah.
Section 12, Section 
53E-3-1202
 is enacted to read:
53E-3-1202
. Transferring student enrollment, records, and immunization.
(1)
(a)
Subject to Subsection 
(2)
, when a school receives the unofficial education record 
of a transferring student from a school in a sending state, the school shall enroll and 
appropriately place the transferring student based on the information provided in the 
unofficial educational record pending receipt and validation of the transferring 
student's official educational records.
(b)
At the time a transferring student is enrolled and conditionally placed based on the 
student's unofficial educational records under Subsection 
(1)
(a), the school shall 
request the student's official educational record from the school in the sending state.
(2)
(a)
A school enrolling a transferring student under this section shall enroll the 
transferring student at the same grade level the transferring student has been enrolled 
at in the school in the sending state regardless of the transferring student's age.
(b)
A transferring student that has satisfactorily completed a prerequisite grade level in a 
school in the sending state shall be eligible for enrollment in the next highest grade 
level regardless of the transferring student's age.
(3)
(a)
A school enrolling a transferring student under this section shall give the student 
30 days from the day on which the student is enrolled in the school for the student to 
obtain any immunization that is required by the school.
(b)
If the required immunization described in Subsection 
(3)(a)
 encompasses a series of 
immunizations, the initial immunization in the series satisfies the requirement for the 
student to be immunized within 30 days from the day on which the student is enrolled 
in the school as required under Subsection 
(3)(a)
.
Section 13, Section 
53E-3-1203
 is enacted to read:
53E-3-1203
. Course placement -- Extracurricular activities.
(1)
As used in this section:
(a)
"Course placement" means placing a transferring student in an educational course or 
program provided by a school.
(b)
"Educational course or program" means the following courses or programs:
(i)
honors, international baccalaureate, advanced placement, vocational, technical, 
career pathways, and English as a second language courses; and
(ii)
gifted and talented programs.
(2)
(a)
A school that enrolls a transferring student as described in Section 
53E-3-1202
shall, when determining course placement for the transferring student, place the 
transferring student in educational courses or programs based on the transferring 
student's course placement in the sending state's school or educational assessments 
conducted at the school in the sending state.
(b)
Subsection 
(2)(a)
 does not prohibit the school from performing additional 
evaluations after the transferring student is enrolled to ensure appropriate placement 
and continued enrollment of the student in the educational course or program.
(3)
When a school makes a course placement determination under this section, the school 
shall attempt to the best of the school's ability to ensure the continuance of the 
transferring student's academic program from the transferring student's previous school 
and place the transferring student in academically and career challenging courses.
(4)
(a)
In compliance with the requirements of the Individuals with Disabilities 
Education Act, 20 U.S.C. Sec. 1400 et seq., a school that enrolls a transferring 
student with disabilities shall provide comparable services to the transferring student 
based on the transferring student's current IEP.
(b)
In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 
U.S.C. Sec. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. 
Secs. 12131-12165, a school that enrolls a transferring student with disabilities shall 
make reasonable accommodations and modifications to address the needs of the 
transferring student, subject to an existing Section 504 accommodation plan, to 
provide the transferring student with equal access to education.
(c)
Subsection 
(4)(b)
 does not preclude the school from performing additional 
evaluations after the transferring student is enrolled to ensure appropriate placement 
of the transferring student.
(5)
An LEA's administrative officials may waive requirements or other prerequisites for any 
course placement in an educational course or program under this section.
(6)
An LEA shall facilitate the opportunity for a transferring student to be included in 
extracurricular activities, regardless of application deadlines, to the extent the 
transferring student is otherwise qualified to participate in the extracurricular activities.
Section 14, Section 
53E-3-1204
 is enacted to read:
53E-3-1204
. Parental consent -- Tuition.
(1)
Power of attorney lawfully executed under Title 75, Chapter 9, Uniform Power of 
Attorney Act, is sufficient for the purposes of enrollment and other actions requiring 
parental participation or consent.
(2)
An LEA may not charge local tuition to a transferring student placed in the care of a 
non-custodial parent or other individual standing in loco parentis who lives in a 
jurisdiction other than that of the custodial parent.
(3)
A transferring student, placed in the care of a non-custodial parent or other individual 
standing in loco parentis who lives in a jurisdiction other than that of the custodial 
parent, may continue to attend the school in which the student was enrolled while 
residing with the custodial parent.
Section 15, Section 
53E-3-1205
 is enacted to read:
53E-3-1205
. Graduation -- Waiver -- Exit exams -- Senior year transfers.
(1)
To facilitate the on-time graduation from high school of a transferring student an LEA 
shall:
(a)
(i)
waive specific courses required for graduation if similar coursework has been 
satisfactorily completed by the transferring student in a school in a sending state; 
or
(ii)
if the LEA does not waive a specific course requirement under Subsection 
(1)(a)
, 
provide an alternative means of acquiring the required coursework so that the 
transferring student may graduate on time; and
(b)
accept:
(i)
exit or end-of-course exams required for graduation from the transferring student's 
school in the sending state;
(ii)
national norm-referenced achievement tests; or
(iii)
subject to Subsection 
(2)
, alternative testing, in lieu of testing requirements for 
graduation. 
(2)
If a transferring student is enrolling in a school in the LEA in the transferring student's 
senior year of high school and the LEA cannot accommodate the alternative testing 
described in Subsection 
(1)(b)(iii)
, the LEA shall, if the transferring student otherwise 
meets the graduation requirements of the transferring student's school in the sending 
state, use the LEA's best efforts to request and receive a receipt of a high school 
graduation diploma for the transferring student from the transferring student's school in 
the sending state.
(3)
If an LEA denies a waiver under Subsection 
(1)(a)
 the LEA shall provide a reasonable 
justification for the denial to the transferring student.
Section 16, Section 
53E-6-102
 is amended to read:
53E-6-102
. Definitions.
As used in this chapter:
(1)
"Certificate" means a license issued by a governmental jurisdiction outside the state.
(2)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(2)
(3)
"Educator" means:
(a)
a person who holds a license;
(b)
a teacher, counselor, administrator, librarian, or other person required, under rules of 
the state board, to hold a license; or
(c)
a person who is the subject of an allegation which has been received by an LEA, the 
state board, or UPPAC and was, at the time noted in the allegation, a license holder 
or a person employed in a position requiring licensure.
(3)
(4)
"License" means an authorization issued by the state board that permits the holder 
to serve in a professional capacity in the public schools.
(4)
(5)
"National Board certification" means a current certificate issued by the National 
Board for Professional Teaching Standards.
(5)
(6)
"School" means a public or private entity that provides educational services to a 
minor child.
(6)
(7)
"UPPAC" means the Utah Professional Practices Advisory Commission.
Section 17, Section 
53E-6-204
 is amended to read:
53E-6-204
. Exemptions from licensure.
(1)
Except as otherwise provided by statute or rule, a spouse of an individual serving in 
the armed forces of the United States
 or the spouse of a DOD civilian
 while the 
individual
 or DOD civilian
 is stationed within this state may work as an educator 
without being licensed under this title if:
(1)
(a)
the spouse holds a valid educator license issued by any other state or jurisdiction 
recognized by the state board; and
(2)
(b)
the license is current and the spouse is in good standing in the state or 
jurisdiction of licensure.
(2)
For an active military member, eligible military spouse, DOD civilian, or spouse of a 
DOD civilian who holds a license that is not unencumbered, as that term is defined in 
Section 
53E-6-1101
, the receiving state shall grant an equivalent license or licenses that, 
in the receiving state's sole discretion, is equivalent to the license or licenses held by the 
teacher in the sending state, except where the receiving state does not have an equivalent 
license.
Section 18, Section 
53G-1-103
 is amended to read:
53G-1-103
. Definitions.
As used in this title
,
:
(1)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(2)
 "electronic
"Electronic
 cigarette product" means the same as that term is defined in 
Section 
76-10-101
.
(3)
"Military service member" means the same as that term is defined in Section 
53B-8-102
.
Section 19, Section 
53G-6-306
 is amended to read:
53G-6-306
. Permitting attendance by nonresident of the state -- Tuition.
(1)
As used in this section:
(a)
"Armed forces" means the same as that term is defined in Section 
68-3-12.5
.
(b)
"Eligible student" means a student who is a dependent child of a member of 
the 
uniformed services
 or a DOD civilian
 who is:
(i)
(A)
relocating to the state and does not reside in the state during an LEA's 
enrollment period; or
(B)
relocating out of the state during the school year; and
(ii)
(A)
on permanent change of station orders
; or
(B)
relocating for a civilian assignment or position
.
(c)
"Nonresident child" means a child residing outside the state.
(d)
"Provisional enrollment" means enrollment in a public school by an eligible student:
(i)
before the eligible student relocates to the state; or
(ii)
after the eligible student's parent relocates out of the state, but before the eligible 
student relocates out of the state.
(e)
"Uniformed services" means:
(i)
the same as that term is defined in Section 
68-3-12.5
;
(ii)
the reserve components of the armed forces; and
(iii)
the national guard of a state.
(2)
(a)
An LEA may permit a nonresident child to attend school within the district, giving 
priority to a child of a 
military service 
member
, as that term is defined in Section 
53B-8-102
 of the uniformed services or a DOD civilian
.
(b)
With the exception of a child enrolled under Section 
53G-6-707
, a nonresident child 
is not included for the purpose of apportionment of state funds.
(3)
(a)
An LEA shall charge a nonresident child who enrolls in a school within the LEA 
tuition in an amount at least equal to the per capita cost of the school program in 
which the nonresident child enrolls unless the LEA, in open meeting, determines to 
waive the charge for that nonresident child in whole or in part.
(b)
The official minutes of the meeting described in Subsection 
(3)(a)
 shall reflect the 
LEA's determination to waive the charge described in Subsection 
(3)(a)
.
(4)
(a)
Notwithstanding anything to the contrary in Subsection 
(3)
, an LEA shall allow an 
eligible student to:
(i)
provisionally enroll in a public school in the LEA at the same time and in the same 
manner as individuals who reside in the state; or
(ii)
provisionally enroll in virtual education options that the LEA provides in the 
same manner as an individual residing in the state.
(b)
An LEA may not require proof of residency from an eligible student at the time the 
eligible student applies to enroll in a public school in the LEA.
(c)
An LEA shall require proof of residence within 10 days after the eligible student's 
first day of residence in the state.
Section 20, Section 
53G-6-402
 is amended to read:
53G-6-402
. Open enrollment options -- Procedures -- Processing fee -- 
Continuing enrollment.
(1)
Each local school board is responsible for providing educational services consistent 
with Utah state law and rules of the state board for each student who resides in the 
district and, as provided in this section through Section 
53G-6-407
 and to the extent 
reasonably feasible, for any student who resides in another district in the state and 
desires to attend a school in the district, giving priority to a child of a military service 
member
, as that term is defined in 
53B-8-102
 or a child of a DOD civilian
.
(2)
(a)
A school is open for enrollment of nonresident students if the enrollment level is 
at or below the open enrollment threshold.
(b)
If a school's enrollment falls below the open enrollment threshold, the local school 
board shall allow a nonresident student to enroll in the school.
(3)
A local school board may allow enrollment of nonresident students in a school that is 
operating above the open enrollment threshold.
(4)
(a)
A local school board shall adopt policies describing procedures for nonresident 
students to follow in applying for entry into the district's schools.
(b)
Those procedures shall provide, as a minimum, for:
(i)
distribution to interested parties of information about the school or school district 
and how to apply for admission;
(ii)
use of standard application forms prescribed by the state board;
(iii)
(A)
submission of applications from November 15 through the first Friday in 
February by those seeking admission during the early enrollment period for the 
following year; or
(B)
submission of applications from August 1 through November 1 by those 
seeking admission during the early enrollment period for the following year in 
a school district described in Subsection 
53G-6-401
(1)(b);
(iv)
submission of applications by those seeking admission during the late enrollment 
period;
(v)
notwithstanding any other provision of this part or Part 3, School District 
Residency, submission of applications for at least 30 days after the day on which a 
school boundary change takes effect for those affected by the school boundary 
change;
(vi)
written notification to the student's parent of acceptance or rejection of an 
application:
(A)
within six weeks after receipt of the application by the district or by March 31, 
whichever is later, for applications submitted during the early enrollment 
period;
(B)
within two weeks after receipt of the application by the district or by the 
Friday before the new school year begins, whichever is later, for applications 
submitted during the late enrollment period for admission in the next school 
year; 
(C)
within two weeks after receipt of the application by the district, for 
applications submitted during the late enrollment period for admission in the 
current year; and
(D)
within two weeks after receipt of the application by the district, for 
applications submitted by students affected by a school district boundary 
change;
(vii)
written notification to the resident school for intradistrict transfers or the 
resident district for interdistrict transfers upon acceptance of a nonresident student 
for enrollment; and
(viii)
written notification to the parents of each student that resides within the school 
district and other interested parties of the revised early enrollment period 
described in Subsection 
53G-6-401
(1)(b) if:
(A)
the school district is doing a district wide grade reconfiguration of its 
elementary, middle, junior, and senior high schools; and
(B)
the grade reconfiguration described in Subsection (4)(b)(viii)(A) will be 
implemented in the next school year.
(c)
(i)
Notwithstanding the dates established in Subsection (4)(b) for submitting 
applications and notifying parents of acceptance or rejection of an application, a 
local school board may delay the dates if a local school board is not able to make 
a reasonably accurate projection of the early enrollment school capacity or late 
enrollment school capacity of a school due to:
(A)
school construction or remodeling;
(B)
drawing or revision of school boundaries; or
(C)
other circumstances beyond the control of the local school board.
(ii)
The delay may extend no later than four weeks beyond the date the local school 
board is able to make a reasonably accurate projection of the early enrollment 
school capacity or late enrollment school capacity of a school.
(5)
A school district may charge a one-time $5 processing fee, to be paid at the time of 
application.
(6)
An enrolled nonresident student shall be permitted to remain enrolled in a school, 
subject to the same rules and standards as resident students, without renewed 
applications in subsequent years unless one of the following occurs:
(a)
the student graduates;
(b)
the student is no longer a Utah resident;
(c)
the student is suspended or expelled from school; 
(d)
except for a student described in Subsection (6)(e), the district determines that 
enrollment within the school will exceed the school's open enrollment threshold; or
(e)
for a child of a military service member
, as that term is defined in Section 
53B-8-102
,
 or a child of a DOD civilian
 who moves from temporary to permanent housing 
outside of the relevant school district boundaries following a permanent change of 
station:
(i)
in kindergarten through grade 10, the student completes the current school year; or
(ii)
in grades 11 and 12, the student graduates.
(7)
(a)
Determination of which nonresident students will be excluded from continued 
enrollment in a school during a subsequent year under Subsection (6)(d) is based 
upon time in the school, with those most recently enrolled being excluded first and 
the use of a lottery system when multiple nonresident students have the same number 
of school days in the school.
(b)
Nonresident students who will not be permitted to continue their enrollment shall be 
notified no later than March 15 of the current school year.
(8)
The parent of a student enrolled in a school that is not the student's school of residence 
may withdraw the student from that school for enrollment in another public school by 
submitting notice of intent to enroll the student in:
(a)
the district of residence; or
(b)
another nonresident district.
(9)
Unless provisions have previously been made for enrollment in another school, a 
nonresident district releasing a student from enrollment shall immediately notify the 
district of residence, which shall enroll the student in the resident district and take such 
additional steps as may be necessary to ensure compliance with laws governing school 
attendance.
(10)
(a)
Except as provided in Subsection (10)(c), a student who transfers between 
schools, whether effective on the first day of the school year or after the school year 
has begun, by exercising an open enrollment option under this section may not 
transfer to a different school during the same school year by exercising an open 
enrollment option under this section.
(b)
The restriction on transfers specified in Subsection (10)(a) does not apply to a 
student transfer made for health or safety reasons.
(c)
A local school board may adopt a policy allowing a student to exercise an open 
enrollment option more than once in a school year.
(11)
Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school that 
is not the student's school of residence, because school bus service is not provided 
between the student's neighborhood and school of residence for safety reasons:
(a)
shall be allowed to continue to attend the school until the student finishes the highest 
grade level offered; and
(b)
shall be allowed to attend the middle school, junior high school, or high school into 
which the school's students feed until the student graduates from high school.
(12)
Notwithstanding any other provision of this part or Part 3, School District Residency, a 
student shall be allowed to enroll in any charter school or other public school in any 
district, including a district where the student does not reside, if the enrollment is 
necessary, as determined by the Division of Child and Family Services, to comply with 
the provisions of 42 U.S.C. 
Section
Sec.
 675.
Section 21, Section 
53G-6-502
 is amended to read:
53G-6-502
. Eligible students.
(1)
As used in this section:
(a)
"At capacity" means operating above the school's open enrollment threshold.
(b)
"COVID-19 emergency" means the spread of COVID-19 that the World Health 
Organization declared a pandemic on March 11, 2020.
(c)
"Open enrollment threshold" means the same as that term is defined in Section 
53G-6-401
.
(d)
"Refugee" means a person who is eligible to receive benefits and services from the 
federal Office of Refugee Resettlement.
(e)
"School of residence" means the same as that term is defined in Section 
53G-6-401
.
(2)
All resident students of the state qualify for admission to a charter school, subject to the 
limitations set forth in this section and Section 
53G-6-503
.
(3)
(a)
A charter school shall enroll:
(i)
a foster child residing in the same residence as an individual who is enrolled in the 
charter school; and
(ii)
an eligible student other than a child described in Subsection 
(3)(a)(i)
 who 
submits a timely application, unless the number of applications exceeds the 
capacity of a program, class, grade level, or the charter school.
(b)
If the number of applications described in Subsection 
(3)(a)(ii)
 exceeds the capacity 
of a program, class, grade level, or the charter school, the charter school shall select 
students on a random basis, except as provided in Subsections 
(4)
 through 
(8)
.
(4)
A charter school may give an enrollment preference to:
(a)
a child or grandchild of an individual who has actively participated in the 
development of the charter school;
(b)
a child or grandchild of a member of the charter school governing board;
(c)
a sibling of an individual who was previously or is presently enrolled in the charter 
school;
(d)
a child of an employee of the charter school;
(e)
a student articulating between charter schools offering similar programs that are 
governed by the same charter school governing board;
(f)
a student articulating from one charter school to another pursuant to an articulation 
agreement between the charter schools that is approved by the State Charter School 
Board;
(g)
an individual seeking enrollment in a charter school if:
(i)
the individual's sibling is a student enrolled in a charter school; and
(ii)
the charter school where the individual is seeking enrollment has an articulation 
agreement with the charter school where the sibling is enrolled that the State 
Charter School Board approves;
(h)
a student who resides within up to a two-mile radius of the charter school and whose 
school of residence is at capacity;
(i)
a child of a military service member
as defined in Section 
53B-8-102
;
(j)
a child of a DOD civilian;
 or
(j)
(k)
for the 2022-2023 school year, a student who withdraws from the charter school 
to attend an online school or home school for the 2020-2021 or 2021-2022 school 
years due to the COVID-19 emergency.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, and notwithstanding Subsection 
(4)(h)
, a 
charter school that is approved by the state board after May 13, 2014, and is located 
in a high growth area as defined in Section 
53G-6-504
 shall give an enrollment 
preference to a student who resides within a two-mile radius of the charter school.
(b)
The requirement to give an enrollment preference under Subsection 
(5)(a)
 does not 
apply to a charter school that was approved without a high priority status pursuant to 
Subsection 
53G-6-504(7)(b)
.
(6)
If a district school converts to charter status, the charter school shall give an enrollment 
preference to students who would have otherwise attended it as a district school.
(7)
(a)
A charter school whose mission is to enhance learning opportunities for refugees 
or children of refugee families may give an enrollment preference to refugees or 
children of refugee families.
(b)
A charter school whose mission is to enhance learning opportunities for English 
language learners may give an enrollment preference to English language learners.
(8)
A charter school may weight the charter school's lottery to give a slightly better chance 
of admission to educationally disadvantaged students, including:
(a)
low-income students;
(b)
students with disabilities;
(c)
English language learners;
(d)
migrant students;
(e)
neglected or delinquent students; and
(f)
homeless students.
(9)
A charter school may not discriminate in the charter school's admission policies or 
practices on the same basis as other public schools may not discriminate in admission 
policies and practices.
Section 22, Section 
58-1-102
 is amended to read:
58-1-102
. Definitions.
As used in this title:
(1)
"Ablative procedure" means the same as that term is defined in Section 
58-67-102
.
(2)
"Cosmetic medical procedure":
(a)
means the same as that term is defined in Section 
58-67-102
; and
(b)
except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic 
Medical Practice Act, does not apply to the scope of practice of an individual 
licensed under this title if the individual's scope of practice includes the authority to 
operate or perform surgical procedures.
(3)
"Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature 
to reduce fat deposits in certain areas of the body.
(4)
"Department" means the Department of Commerce.
(5)
"Director" means the director of the Division of Professional Licensing.
(6)
"Division" means the Division of Professional Licensing created in Section 
58-1-103
.
(7)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(7)
(8)
"Executive director" means the executive director of the Department of Commerce.
(8)
(9)
"Licensee" includes any holder of a license, certificate, registration, permit, student 
card, or apprentice card authorized under this title.
(9)
(10)
(a)
(i)
"Nonablative procedure" means a procedure that is expected or 
intended to alter living tissue, but not intended or expected to excise, vaporize, 
disintegrate, or remove living tissue.
(ii)
Notwithstanding Subsection 
(8)(a)(i)
(10)(a)(i)
, nonablative procedure includes 
hair removal and cryolipolysis.
(b)
"Nonablative procedure" does not include:
(i)
a superficial procedure;
(ii)
the application of permanent make-up; or
(iii)
the use of photo therapy and lasers for neuromusculoskeletal treatments that are 
performed by an individual licensed under this title who is acting within their 
scope of practice.
(10)
(11)
"Pain clinic" means:
(a)
a clinic that advertises its primary purpose is the treatment of chronic pain; or
(b)
a clinic in which greater than 50% of the clinic's annual patient population receive 
treatment primarily for non-terminal chronic pain using Schedule II-III controlled 
substances. 
(11)
(12)
"Superficial procedure" means a procedure that is expected or intended to 
temporarily alter living skin tissue and may excise or remove stratum corneum but have 
no appreciable risk of damage to any tissue below the stratum corneum.
(12)
(13)
"Telemedicine service" means the same as that term is defined in Section 
26B-4-704
.
(13)
(14)
"Unlawful conduct" means the same as that term is defined in Subsection 
58-1-501
(1).
(14)
(15)
"Unprofessional conduct" means the same as that term is defined in Subsection 
58-1-501
(2).
Section 23, Section 
58-1-307
 is amended to read:
58-1-307
. Exemptions from licensure.
(1)
Except as otherwise provided by statute or rule, the following individuals may engage in 
the practice of their occupation or profession, subject to the stated circumstances and 
limitations, without being licensed under this title:
(a)
an individual serving in the armed forces of the United States, the United States 
Public Health Service, the United States Department of Veterans Affairs, or other 
federal agencies while engaged in activities regulated under this chapter as a part of 
employment with that federal agency if the individual holds a valid license to practice 
a regulated occupation or profession issued by any other state or jurisdiction 
recognized by the division;
(b)
a student engaged in activities constituting the practice of a regulated occupation or 
profession while in training in a recognized school approved by the division to the 
extent the activities are supervised by qualified faculty, staff, or designee and the 
activities are a defined part of the training program;
(c)
an individual engaged in an internship, residency, preceptorship, postceptorship, 
fellowship, apprenticeship, or on-the-job training program approved by the division 
while under the supervision of qualified individuals;
(d)
an individual residing in another state and licensed to practice a regulated occupation 
or profession in that state, who is called in for a consultation by an individual 
licensed in this state, and the services provided are limited to that consultation;
(e)
an individual who is invited by a recognized school, association, society, or other 
body approved by the division to conduct a lecture, clinic, or demonstration of the 
practice of a regulated occupation or profession if the individual does not establish a 
place of business or regularly engage in the practice of the regulated occupation or 
profession in this state;
(f)
an individual licensed under the laws of this state, other than under this title, to 
practice or engage in an occupation or profession, while engaged in the lawful, 
professional, and competent practice of that occupation or profession;
(g)
an individual licensed in a health care profession in another state who performs that 
profession while attending to the immediate needs of a patient for a reasonable period 
during which the patient is being transported from outside of this state, into this state, 
or through this state;
(h)
an individual licensed in another state or country who is in this state temporarily to 
attend to the needs of an athletic team or group, except that the practitioner may only 
attend to the needs of the athletic team or group, including all individuals who travel 
with the team or group in any capacity except as a spectator;
(i)
an individual licensed and in good standing in another state, who is in this state:
(i)
temporarily, under the invitation and control of a sponsoring entity;
(ii)
for a reason associated with a special purpose event, based upon needs that may 
exceed the ability of this state to address through its licensees, as determined by 
the division; and
(iii)
for a limited period of time not to exceed the duration of that event, together with 
any necessary preparatory and conclusionary periods; and
(j)
the spouse of an individual serving in the armed forces of the United States 
or the 
spouse of a DOD civilian 
while the individual
 or DOD civilian
 is stationed within 
this state, provided:
(i)
the spouse holds a valid license to practice a regulated occupation or profession 
issued by any other state or jurisdiction recognized by the division; and
(ii)
the license is current and the spouse is in good standing in the state of licensure.
(2)
(a)
A practitioner temporarily in this state who is exempted from licensure under 
Subsection 
(1)
 shall comply with each requirement of the licensing jurisdiction from 
which the practitioner derives authority to practice.
(b)
Violation of a limitation imposed by this section constitutes grounds for removal of 
exempt status, denial of license, or other disciplinary proceedings.
(3)
An individual who is licensed under a specific chapter of this title to practice or engage 
in an occupation or profession may engage in the lawful, professional, and competent 
practice of that occupation or profession without additional licensure under other 
chapters of this title, except as otherwise provided by this title.
(4)
Upon the declaration of a national, state, or local emergency, a public health emergency 
as defined in Section 
26B-7-301
, or a declaration by the president of the United States or 
other federal official requesting public health-related activities, the division in 
collaboration with the relevant board may:
(a)
suspend the requirements for permanent or temporary licensure of individuals who 
are licensed in another state for the duration of the emergency while engaged in the 
scope of practice for which they are licensed in the other state;
(b)
modify, under the circumstances described in this Subsection 
(4)
 and Subsection 
(5)
, 
the scope of practice restrictions under this title for individuals who are licensed 
under this title as:
(i)
a physician under 
Chapter 67, Utah Medical Practice Act
, or 
Chapter 68, Utah 
Osteopathic Medical Practice Act
;
(ii)
a nurse under 
Chapter 31b, Nurse Practice Act
, or 
Chapter 31e, Nurse Licensure 
Compact - Revised
;
(iii)
a certified nurse midwife under 
Chapter 44a, Nurse Midwife Practice Act
;
(iv)
a pharmacist, pharmacy technician, or pharmacy intern under 
Chapter 17b, 
Pharmacy Practice Act
;
(v)
a respiratory therapist under 
Chapter 57, Respiratory Care Practices Act
;
(vi)
a dentist and dental hygienist under 
Chapter 69, Dentist and Dental Hygienist 
Practice Act
; and
(vii)
a physician assistant under 
Chapter 70a, Utah Physician Assistant Act
;
(c)
suspend the requirements for licensure under this title and modify the scope of 
practice in the circumstances described in this Subsection 
(4)
 and Subsection 
(5)
 for 
medical services personnel or paramedics required to be licensed under Section 
53-2d-402
;
(d)
suspend requirements in Subsections 
58-17b-620(3)
 through 
(6)
 which require 
certain prescriptive procedures;
(e)
exempt or modify the requirement for licensure of an individual who is activated as a 
member of a medical reserve corps during a time of emergency as provided in 
Section 
26A-1-126
;
(f)
exempt or modify the requirement for licensure of an individual who is registered as 
a volunteer health practitioner as provided in 
Title 26B, Chapter 4, Part 8, Uniform 
Emergency Volunteer Health Practitioners Act
; and
(g)
in accordance with rules made by the division in accordance with 
Title 63G, Chapter 
3, Utah Administrative Rulemaking Act
, exempt or modify the requirements for 
licensure of an individual engaged in one or more of the construction trades described 
in 
Chapter 55, Utah Construction Trades Licensing Act
.
(5)
Individuals exempt under Subsection 
(4)(c)
 and individuals operating under modified 
scope of practice provisions under Subsection 
(4)(b)
:
(a)
are exempt from licensure or subject to modified scope of practice for the duration of 
the emergency;
(b)
must be engaged in the distribution of medicines or medical devices in response to 
the emergency or declaration; and
(c)
must be employed by or volunteering for:
(i)
a local or state department of health; or
(ii)
a host entity as defined in Section 
26B-4-801
.
(6)
In accordance with the protocols established under Subsection 
(8)
, upon the declaration 
of a national, state, or local emergency, the Department of Health and Human Services 
or a local health department shall coordinate with public safety authorities as defined in 
Subsection 
26B-7-323(1)
 and may:
(a)
use a vaccine, antiviral, antibiotic, or other prescription medication that is not a 
controlled substance to prevent or treat a disease or condition that gave rise to, or was 
a consequence of, the emergency; or
(b)
distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not a 
controlled substance:
(i)
if necessary, to replenish a commercial pharmacy in the event that the commercial 
pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription 
medication is exhausted; or
(ii)
for dispensing or direct administration to treat the disease or condition that gave 
rise to, or was a consequence of, the emergency by:
(A)
a pharmacy;
(B)
a prescribing practitioner;
(C)
a licensed health care facility;
(D)
a federally qualified community health clinic; or
(E)
a governmental entity for use by a community more than 50 miles from a 
person described in Subsections 
(6)(b)(ii)(A)
 through 
(D)
.
(7)
In accordance with protocols established under Subsection 
(8)
, upon the declaration of a 
national, state, or local emergency, the Department of Health and Human Services shall 
coordinate the distribution of medications:
(a)
received from the strategic national stockpile to local health departments; and
(b)
from local health departments to emergency personnel within the local health 
departments' geographic region.
(8)
The Department of Health and Human Services shall establish by rule, made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, protocols 
for administering, dispensing, and distributing a vaccine, an antiviral, an antibiotic, or 
other prescription medication that is not a controlled substance in the event of a 
declaration of a national, state, or local emergency. The protocol shall establish 
procedures for the Department of Health and Human Services or a local health 
department to:
(a)
coordinate the distribution of:
(i)
a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a 
controlled substance received by the Department of Health and Human Services 
from the strategic national stockpile to local health departments; and
(ii)
a vaccine, an antiviral, an antibiotic, or other non-controlled prescription 
medication received by a local health department to emergency personnel within 
the local health department's geographic region;
(b)
authorize the dispensing, administration, or distribution of a vaccine, an antiviral, an 
antibiotic, or other prescription medication that is not a controlled substance to the 
contact of a patient without a patient-practitioner relationship, if the contact's 
condition is the same as that of the physician's or physician assistant's patient; and
(c)
authorize the administration, distribution, or dispensing of a vaccine, an antiviral, an 
antibiotic, or other non-controlled prescription medication to an individual who:
(i)
is working in a triage situation;
(ii)
is receiving preventative or medical treatment in a triage situation;
(iii)
does not have coverage for the prescription in the individual's health insurance 
plan;
(iv)
is involved in the delivery of medical or other emergency services in response to 
the declared national, state, or local emergency; or
(v)
otherwise has a direct impact on public health.
(9)
The Department of Health and Human Services shall give notice to the division upon 
implementation of the protocol established under Subsection 
(8)
.
Section 24, Section 
61-1-32
 is amended to read:
61-1-32
. Exemptions from licensure.
(1)
As used in this section, "DOD civilian" means the same as that term is defined in 
Section 
53B-8-102
.
(2)
Except as otherwise provided by statute or rule, the following individuals may 
engage in the practice of an occupation or profession regulated by this chapter, subject 
to the stated circumstances and limitations, without being licensed under this chapter:
(1)
(a)
an individual licensed under the laws of this state, other than under this chapter, 
to practice or engage in an occupation or profession, while engaged in the lawful, 
professional, and competent practice of that occupation or profession;
(2)
(b)
an individual serving in the armed forces of the United States, the United States 
Public Health Service, the United States Department of Veterans Affairs, or any other 
federal agency while engaged in activities regulated under this title as a part of 
employment with that federal agency if the individual holds a valid license to practice 
the regulated occupation or profession issued by any other state or jurisdiction 
recognized by the department; and
(3)
(c)
the spouse of an individual serving in the armed forces of the United States
 or 
the spouse of a DOD civilian
 while the individual
 or DOD civilian
 is stationed within 
this state, if:
(a)
(i)
the spouse holds a valid license to practice the regulated occupation or 
profession issued by any other state or jurisdiction recognized by the department; 
and
(b)
(ii)
the license is current and the spouse is in good standing in the state or 
jurisdiction of licensure.
Section 25, Section 
61-2f-102
 is amended to read:
61-2f-102
. Definitions.
As used in this chapter:
(1)
"Associate broker" means an individual who is:
(a)
employed or engaged as an independent contractor by or on behalf of a principal 
broker to perform an act described in Subsection 
(20)
(21)
 for valuable 
consideration; and
(b)
licensed under this chapter as an associate broker.
(2)
"Branch broker" means an associate broker who manages a principal broker's branch 
office under the supervision of the principal broker.
(3)
"Branch office" means a principal broker's real estate brokerage office that is not the 
principal broker's main office.
(4)
"Business day" means a day other than:
(a)
a Saturday;
(b)
a Sunday; or
(c)
a federal or state holiday.
(5)
"Business opportunity" means the sale, lease, or exchange of any business that includes 
an interest in real estate.
(6)
"Commission" means the Real Estate Commission established under this chapter.
(7)
"Concurrence" means the entities given a concurring role must jointly agree for action 
to be taken.
(8)
"Condominium homeowners' association" means the condominium unit owners acting 
as a group in accordance with declarations and bylaws.
(9)
(a)
"Condominium hotel" means one or more condominium units that are operated as 
a hotel.
(b)
"Condominium hotel" does not mean a hotel consisting of condominium units, all of 
which are owned by a single entity.
(10)
"Condominium unit" means the same as that term is defined in Section 
57-8-3
.
(11)
"Director" means the director of the Division of Real Estate.
(12)
"Division" means the Division of Real Estate.
(13)
"DOD civilian" means the same as that term is defined in Section 
53B-8-102
.
(13)
(14)
"Dual broker" means a principal broker of a real estate sales brokerage who 
obtains from the division a dual broker license in order to function as the principal 
broker of a property management company that is a separate entity from the real estate 
sales brokerage.
(14)
(15)
"Entity" means:
(a)
a corporation;
(b)
a partnership;
(c)
a limited liability company;
(d)
a company;
(e)
an association;
(f)
a joint venture;
(g)
a business trust;
(h)
a trust; or
(i)
any organization similar to an entity described in Subsections (14)(a) through (h).
(15)
(16)
"Executive director" means the director of the Department of Commerce.
(16)
(17)
"Foreclosure rescue" means, for compensation or with the expectation of 
receiving valuable consideration, to:
(a)
engage, or offer to engage, in an act that:
(i)
the person represents will assist a borrower in preventing a foreclosure; and
(ii)
relates to a transaction involving the transfer of title to residential real property; or
(b)
as an employee or agent of another person:
(i)
solicit, or offer that the other person will engage in an act described in Subsection 
(16)(a); or
(ii)
negotiate terms in relationship to an act described in Subsection (16)(a).
(17)
(18)
"Loan modification assistance" means, for compensation or with the expectation 
of receiving valuable consideration, to:
(a)
act, or offer to act, on behalf of a person to:
(i)
obtain a loan term of a residential mortgage loan that is different from an existing 
loan term including:
(A)
an increase or decrease in an interest rate;
(B)
a change to the type of interest rate;
(C)
an increase or decrease in the principal amount of the residential mortgage 
loan;
(D)
a change in the number of required period payments;
(E)
an addition of collateral;
(F)
a change to, or addition of, a prepayment penalty;
(G)
an addition of a cosigner; or
(H)
a change in persons obligated under the existing residential mortgage loan; or
(ii)
substitute a new residential mortgage loan for an existing residential mortgage 
loan; or
(b)
as an employee or agent of another person:
(i)
solicit, or offer that the other person will engage in an act described in Subsection 
(17)(a)
(18)(a)
; or
(ii)
negotiate terms in relationship to an act described in Subsection 
(17)(a)
(18)(a)
.
(18)
(19)
"Main office" means the address which a principal broker designates with the 
division as the principal broker's primary brokerage office.
(19)
(20)
"Person" means an individual or entity.
(20)
(21)
"Principal broker" means an individual who is licensed or required to be licensed 
as a principal broker under this chapter who:
(a)
sells or lists for sale real estate, including real estate being sold as part of a 
foreclosure rescue, or a business opportunity with the expectation of receiving 
valuable consideration;
(b)
buys, exchanges, or auctions real estate, an option on real estate, a business 
opportunity, or an improvement on real estate with the expectation of receiving 
valuable consideration;
(c)
advertises, offers, attempts, or otherwise holds the individual out to be engaged in the 
business described in Subsection 
(20)(a)
(21)(a)
 or (b);
(d)
is employed by or on behalf of the owner of real estate or by a prospective purchaser 
of real estate and performs an act described in Subsection 
(20)(a)
(21)(a)
, whether 
the individual's compensation is at a stated salary, a commission basis, upon a salary 
and commission basis, or otherwise;
(e)
with the expectation of receiving valuable consideration, manages property owned by 
another person;
(f)
advertises or otherwise holds the individual out to be engaged in property 
management;
(g)
with the expectation of receiving valuable consideration, assists or directs in the 
procurement of prospects for or the negotiation of a transaction listed in Subsections 
(20)(a)
(21)(a)
 and (e);
(h)
except for a mortgage lender, title insurance producer, or an employee of a mortgage 
lender or title insurance producer, assists or directs in the closing of a real estate 
transaction with the expectation of receiving valuable consideration;
(i)
engages in foreclosure rescue; or
(j)
advertises, offers, attempts, or otherwise holds the person out as being engaged in 
foreclosure rescue.
(21)
(22)
(a)
"Property management" means engaging in, with the expectation of 
receiving valuable consideration, the management of real estate owned by another 
person or advertising or otherwise claiming to be engaged in property management 
by:
(i)
advertising for, arranging, negotiating, offering, or otherwise attempting or 
participating in a transaction calculated to secure the rental or leasing of real estate;
(ii)
collecting, agreeing, offering, or otherwise attempting to collect rent for the real 
estate and accounting for and disbursing the money collected; or
(iii)
authorizing expenditures for repairs to the real estate.
(b)
"Property management" does not include:
(i)
hotel or motel management;
(ii)
rental of tourist accommodations, including hotels, motels, tourist homes, 
condominiums, condominium hotels, mobile home park accommodations, 
campgrounds, or similar public accommodations for a period of less than 30 
consecutive days, and the management activities associated with these rentals; or
(iii)
the leasing or management of surface or subsurface minerals or oil and gas 
interests, if the leasing or management is separate from a sale or lease of the 
surface estate.
(22)
(23)
"Property management sales agent" means a sales agent who:
(a)
is affiliated with a dual broker through the dual broker's property management 
company; and
(b)
is designated by the dual broker as a property management sales agent.
(23)
(24)
"Real estate" includes leaseholds and business opportunities involving real 
property.
(24)
(25)
(a)
"Regular salaried employee" means an individual who performs a service 
for wages or other remuneration, whose employer withholds federal employment 
taxes under a contract of hire, written or oral, express or implied.
(b)
"Regular salaried employee" does not include an individual who performs services 
on a project-by-project basis or on a commission basis.
(25)
(26)
"Reinstatement" means restoring a license that has expired or has been 
suspended.
(26)
(27)
"Reissuance" means the process by which a licensee may obtain a license 
following revocation of the license.
(27)
(28)
"Renewal" means extending a license for an additional licensing period on or 
before the date the license expires.
(28)
(29)
"Sales agent" means an individual who is:
(a)
affiliated with a principal broker, either as an independent contractor or an employee 
as provided in Section 
61-2f-303
, to perform for valuable consideration an act 
described in Subsection 
(20)
(21)
; and
(b)
licensed under this chapter as a sales agent.
(29)
(30)
"Vulnerable adult" means the same as that term is defined in Section 
26B-6-201
.
Section 26, Section 
61-2f-202
 is amended to read:
61-2f-202
. Exempt persons and transactions.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, a license under this chapter is not 
required for:
(i)
a person who as owner or lessor performs an act described in Subsection 
61-2f-102(20)
61-2f-102(21)
 with reference to real estate owned or leased by that 
person;
(ii)
a regular salaried employee of the owner or lessor of real estate who, with 
reference to nonresidential real estate owned or leased by the employer, performs 
an act described in Subsection 
61-2f-102(20)(b)
61-2f-102(21)(b)
 or 
(c)
;
(iii)
a regular salaried employee of the owner of real estate who performs property 
management services with reference to real estate owned by the employer, except 
that the employee may only manage real estate for one employer;
(iv)
an individual who performs property management services for the apartments at 
which that individual resides in exchange for free or reduced rent on that 
individual's apartment;
(v)
a regular salaried employee of a condominium homeowners' association who 
manages real estate subject to the declaration of condominium that established the 
condominium homeowners' association, except that the employee may only 
manage real estate for one condominium homeowners' association;
(vi)
a regular salaried employee of a licensed property management company or real 
estate brokerage who performs support services, as prescribed by rule, for the 
property management company or real estate brokerage; or
(vii)
in the event a principal broker dies, is incapacitated, or is unable to perform the 
duties of a principal broker, an individual qualified and designated as the 
commission determines by rule made in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
, with the concurrence of the division, as an 
acting principal broker:
(A)
in relation to each transaction pending on the day on which the principal 
broker dies, becomes incapacitated, or becomes unable to perform the duties of 
a principal broker, including the distribution of compensation for each 
transaction; and
(B)
until the day on which each transaction described in Subsection 
(1)(a)(vii)(A)
is completed.
(b)
Subsection 
(1)(a)
 does not exempt from licensing:
(i)
an employee engaged in the sale of real estate regulated under:
(A)
Title 57, Chapter 11, Utah Uniform Land Sales Practices Act
; or
(B)
Title 57, Chapter 19, Timeshare and Camp Resort Act
;
(ii)
an employee engaged in the sale of cooperative interests regulated under 
Title 57, 
Chapter 23, Real Estate Cooperative Marketing Act
; or
(iii)
an individual whose interest as an owner or lessor is obtained by that individual 
or transferred to that individual for the purpose of evading the application of this 
chapter, and not for another legitimate business reason.
(2)
A license under this chapter is not required for:
(a)
an isolated transaction or service by an individual holding an unsolicited, duly 
executed power of attorney from a property owner;
(b)
subject to Subsection 
61-2f-401(5)
, services rendered by an attorney admitted to 
practice law in this state in performing the attorney's duties as an attorney;
(c)
a receiver, trustee in bankruptcy, administrator, executor, or an individual acting 
under order of a court;
(d)
a trustee or employee of a trustee under a deed of trust or a will;
(e)
a public utility, officer of a public utility, or regular salaried employee of a public 
utility, unless performance of an act described in Subsection 
61-2f-102(20)
61-2f-102(21)
 is in connection with the sale, purchase, lease, or other disposition of 
real estate or investment in real estate unrelated to the principal business activity of 
that public utility;
(f)
a regular salaried employee or authorized agent working under the oversight of the 
Department of Transportation when performing an act on behalf of the Department of 
Transportation in connection with one or more of the following:
(i)
the acquisition of real estate pursuant to Section 
72-5-103
;
(ii)
the disposal of real estate pursuant to Section 
72-5-111
;
(iii)
services that constitute property management; or
(iv)
the leasing of real estate; and
(g)
a regular salaried employee of a county, city, or town when performing an act on 
behalf of the county, city, or town:
(i)
in accordance with:
(A)
if a regular salaried employee of a city or town:
(I)
Title 10, Utah Municipal Code
; or
(II)
Title 11, Cities, Counties, and Local Taxing Units
; and
(B)
if a regular salaried employee of a county:
(I)
Title 11, Cities, Counties, and Local Taxing Units
; and
(II)
Title 17, Counties
; and
(ii)
in connection with one or more of the following:
(A)
the acquisition of real estate, including by eminent domain;
(B)
the disposal of real estate;
(C)
services that constitute property management; or
(D)
the leasing of real estate.
(3)
A license under this chapter is not required for an individual registered to act as a 
broker-dealer, agent, or investment adviser under the Utah and federal securities laws in 
the sale or the offer for sale of real estate if:
(a)
(i)
the real estate is a necessary element of a "security" as that term is defined by 
the Securities Act of 1933 and the Securities Exchange Act of 1934; and
(ii)
the security is registered for sale in accordance with:
(A)
the Securities Act of 1933; or
(B)
Title 61, Chapter 1, Utah Uniform Securities Act
; or
(b)
(i)
it is a transaction in a security for which a Form D, described in 17 C.F.R. Sec. 
239.500, has been filed with the Securities and Exchange Commission pursuant to 
Regulation D, Rule 506, 17 C.F.R. Sec. 230.506; and
(ii)
the selling agent and the purchaser are not residents of this state.
(4)
Except as otherwise provided by statute or rule, the following individuals may engage in 
the practice of an occupation or profession regulated by this chapter, subject to the stated 
circumstances and limitations, without being licensed under this chapter:
(a)
an individual licensed under the laws of this state, other than under this chapter, to 
practice or engage in an occupation or profession, while engaged in the lawful, 
professional, and competent practice of that occupation or profession;
(b)
an individual serving in the armed forces of the United States, the United States 
Public Health Service, the United States Department of Veterans Affairs, or any other 
federal agency while engaged in activities regulated under this title as a part of 
employment with that federal agency if the individual holds a valid license to practice 
the regulated occupation or profession issued by any other state or jurisdiction 
recognized by the department; and
(c)
the spouse of an individual serving in the armed forces of the United States
 or the 
spouse of a DOD civilian
 while the individual
 or DOD civilian
 is stationed within 
this state, if:
(i)
the spouse holds a valid license to practice the regulated occupation or profession 
issued by any other state or jurisdiction recognized by the department; and
(ii)
the license is current and the spouse is in good standing in the state or jurisdiction 
of licensure.
(5)
As used in this section, "owner" does not include:
(a)
a person who holds an option to purchase real property;
(b)
a mortgagee;
(c)
a beneficiary under a deed of trust;
(d)
a trustee under a deed of trust; or
(e)
a person who owns or holds a claim that encumbers any real property or an 
improvement to the real property.
(6)
The commission, with the concurrence of the division, may provide, by rule made in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
circumstances under which a person or transaction qualifies for an exemption that is 
described in this section.
Section 27. 
Effective date.
This bill takes effect on 
May 7, 2025
.
Section 28. 
Coordinating S.B. 17 with H.B. 142.
If S.B. 17, Services for Department of Defense Civilian Employees, and H.B. 142, 
Service Member and Veteran Amendments, both pass and become law, the Legislature intends 
that, on May 7, 2025, Subsection 53
B-8-102(9)
(a) in S.B. 17 and H.B. 142 be amended to read:
"
(9)(a) The evidence described in Subsection 
(8)(a)(ii)(B) or (8)(b)(ii)(B) 
(8)(j)(ii)(B) 
or (8)(k)(ii)(B) 
includes:
(i) a current Utah voter registration card;
(ii) a valid Utah driver license or identification card;
(iii) a current Utah vehicle registration;
(iv) a copy of a Utah income tax return, in the 
military service member's or 
military service member's spouse's name
name of the DOD civilian or DOD civilian's spouse
, 
filed as a resident in accordance with Section 
59-10-502
; or
(v) proof that the 
military service member or military service member's spouse
DOD civilian or DOD civilian's spouse
 owns a home in Utah, including a property tax notice 
for property owned in Utah.
".
3-6-25 3:34 PM