Text of UT HB 183 (2026)

01-07 15:16 H.B. 183 1 Sex Designation Amendments 2026 GENERAL SESSION STATE OF UTAH Chief Sponsor: Trevor Lee Senate Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions related to sex and gender. 6 Highlighted Provisions: 7 This bill: 8 ▸ replaces the term gender with sex; 9 ▸ repeals provisions related to gender identity, including provisions related to housing, 10 employment, and crime; 11 ▸ prohibits amendments to the sex designation field of a birth certificate; 12 ▸ amends provisions regarding student access to privacy spaces; 13 ▸ requires agencies when making administrative rules to refer to biological sex using the 14 term sex instead of gender; 15 ▸ prohibits local education agencies and certain providers licensed by the Department of 16 Health and Human Services from assigning an employee who presents while working as 17 a sex that is different from the individual's biological sex duties that would require 18 face-to-face and prolonged contact with a child; and 19 ▸ in child custody proceedings, requires a court to view a parent's nonsupport of a child's 20 gender identity that conflicts with the child's biological sex as a factor to favor awarding 21 custody to that parent. 22 Money Appropriated in this Bill: 23 None 24 Other Special Clauses: 25 None 26 Utah Code Sections Affected: 27 AMENDS: 28 9-20-201 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah 29 2025, Chapter 57 30 10-3-913 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 335 H.B. 183 H.B. 183 01-07 15:16 31 10-3-918 (Effective 05/06/26), as last amended by Laws of Utah 2019, Chapter 472 32 11-46-204 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2011, 33 Chapter 130 34 13-47-103 (Effective 05/06/26), as enacted by Laws of Utah 2010, Chapter 403 35 15A-3-112 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 209 36 17-72-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, 37 First Special Session, Chapter 13 38 17-72-408 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, 39 First Special Session, Chapter 13 40 17-72-503 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, 41 First Special Session, Chapter 13 42 26B-1-426 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 57 43 26B-1-507 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 288 44 26B-2-109 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023, 45 Chapter 305 46 26B-2-119 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023, 47 Chapter 305 48 26B-2-128 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 48 49 26B-3-303 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah 50 2024, Chapter 507 51 26B-4-213 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 392 52 26B-4-214 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 392 53 26B-5-211 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 167 54 26B-5-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special 55 Session, Chapter 16 56 26B-8-107 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 493 and 57 renumbered and amended by Laws of Utah 2023, Chapter 306 58 29-2-103 (Effective 05/06/26), as enacted by Laws of Utah 1995, Chapter 231 59 31A-22-405 (Effective 05/06/26), as last amended by Laws of Utah 2002, Chapter 308 60 31A-22-2004 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 32 61 31A-30-106 (Effective 05/06/26), as last amended by Laws of Utah 2017, Chapter 168 62 31A-30-106.1 (Effective 05/06/26), as last amended by Laws of Utah 2020, Chapter 354 63 32B-1-407 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 471 64 34A-5-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 425 - 2 - 01-07 15:16 H.B. 183 65 34A-5-104 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 32 66 34A-5-106 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 330 67 34A-5-107 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 317 68 34A-5-109 (Effective 05/06/26), as enacted by Laws of Utah 2015, Chapter 13 69 34A-5-110 (Effective 05/06/26), as enacted by Laws of Utah 2015, Chapter 13 70 34A-5-114 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 173, 71 425 72 35A-1-207 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 296 73 41-1a-411 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 251 74 42-2-5 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 341 75 53-1-108 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 21 76 53-6-210.5 (Effective 05/06/26), as enacted by Laws of Utah 2022, Chapter 182 77 53-6-211 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 175 78 53-8-104 (Effective 05/06/26), as last amended by Laws of Utah 2002, Chapter 219 79 53-10-406 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 319 80 53E-9-205 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 13 81 53F-4-207 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 23 82 53G-5-301 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 63 83 53G-6-902 (Effective 05/06/26), as enacted by Laws of Utah 2022, Chapter 478 84 53G-6-1001 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408 85 53G-6-1003 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408 86 53G-6-1004 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 277, 87 408 88 53G-6-1101 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 2 89 01 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408 85 53G-6-1003 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408 86 53G-6-1004 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 277, 87 408 88 53G-6-1101 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 2 89 53G-8-301 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2025, 90 Chapter 327 91 57-3-107 (Effective 05/06/26), as last amended by Laws of Utah 1999, Chapter 163 92 57-21-2 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13 93 57-21-3 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special 94 Session, Chapter 9 95 57-21-5 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13 96 57-21-6 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13 97 57-21-6.1 (Effective 05/06/26), as enacted by Laws of Utah 2021, Chapter 294 98 57-21-7 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13 - 3 - H.B. 183 01-07 15:16 99 58-37f-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 214 100 63G-2-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special 101 Session, Chapter 9 102 63G-12-302 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2011, 103 Chapter 18 104 63G-12-401 (Effective 05/06/26), as last amended by Laws of Utah 2011, Chapter 20 105 and renumbered and amended by Laws of Utah 2011, Chapter 18 106 63G-12-402 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special 107 Session, Chapter 9 108 63G-31-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11 109 63G-31-201 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11 110 63G-31-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11 111 63G-31-303 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 2 112 63N-2-104.2 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapters 159, 113 316 114 63N-4-803 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022, 115 Chapter 362 116 67-1-2.5 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 533 117 67-1-11 (Effective 05/06/26), as enacted by Laws of Utah 1992, Chapter 302 118 76-3-203.14 (Effective 05/06/26), as enacted by Laws of Utah 2019, Chapter 504 119 76-5d-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, 120 Chapters 173, 174 121 77-7-17.5 (Effective 05/06/26), as enacted by Laws of Utah 2019, Chapter 462 122 78A-2-110 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 394 123 78B-6-2401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023, 124 Chapter 80 125 79-2-203 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2009, 126 Chapter 344 127 80-1-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426 128 81-9-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 48 129 81-9-204 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426 130 81-9-402 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426 131 81-12-105 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, 132 Chapter 426 - 4 - 01-07 15:16 H.B. 183 133 81-12-106 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, 134 Chapter 426 135 81-13-203 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, 136 Chapter 426 137 ENACTS: 138 26B-2-710 (Effective 05/06/26), Utah Code Annotated 1953 139 53G-11-210 (Effective 05/06/26), Utah Code Annotated 1953 140 63G-3-306 (Effective 05/06/26), Utah Code Annotated 1953 141 REPEALS: 142 26B-1-239 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 507 143 26B-8-111 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 299 144 53G-6-1005 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11 145 146 Be it enacted by the Legislature of the state of Utah: 147 Section 1. Section 9-20-201 is amended to read: 148 9-20-201 (Effective 05/06/26) (Repealed 07/01/27). Creation -- Members -- 149 Appointment -- Terms -- Vacancies -- Per diem and expenses. 150 (1) There is created the Utah Commission on Service and Volunteerism consisting of 19 151 voting members and one nonvoting member. 152 (2) The 19 voting members of the commission are: 153 (a) the lieutenant governor; 154 (b) the commissioner of higher education or the commissioner's designee; 155 (c) the state superintendent of public instruction or the superintendent's designee; 156 (d) the executive director of the Department of Cultural and Community Engagement or 157 the executive director's designee; 158 (e) nine members appointed by the governor as follows: 159 (i) an individual with expertise in the educational, training, and developmental needs 160 of youth, particularly disadvantaged youth; 161 (ii) an individual with experience in promoting the involvement of older adults in 162 volunteer service; 163 (iii) a representative of a community-based agency or organization within the state; 164 (iv) a representative of local government; 165 (v) a representative of a local labor organization in the state; 166 (vi) a representative of business; - 5 - H.B. 183 01-07 15:16 167 (vii) an individual between the ages of 16 and 25 years old who participates in a 168 volunteer or service program; 169 (viii) a representative of a national service program; and 170 (ix) a representative of the volunteer sector; and 171 (f) six members appointed by the governor from among the following groups: 172 (i) local educators; 173 (ii) experts in the delivery of human, educational, cultural, environmental, or public 174 safety services to communities and individuals; 175 (iii) representatives of Native American tribes; 176 (iv) representatives of organizations that assist out-of-school youth or other at-risk 177 youth; or 178 (v) representatives of entities that receive assistance under the Domestic Volunteer 179 Service Act of 1973, 42 U.S.C. 4950 et seq. 180 (3) The nonvoting member of the commission is the regional representative of the 181 corporation. 182 (4)(a) In appointing persons to serve on the commission, the governor shall ensure that 183 no more than five voting members of the commission are state government 184 employees. 185 (b) In appointing persons to serve on the commission, the governor shall strive for 186 balance on the commission according to race, ethnicity, age, [gender] sex, disability 187 characteristics, and geography. 188 (5)(a) Except as required by Subsection (5)(b), as terms of current commission members 189 expire, the governor shall appoint each new member or reappointed member to a 190 three-year term. 191 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the 192 time of appointment or reappointment, adjust the length of terms to ensure that the 193 terms of commission members are staggered so that approximately one-third of the 194 commission is appointed every year. 195 (6) When a vacancy occurs in the membership, the replacement shall be appointed for the 196 unexpired term. 197 (7) A member appointed by the governor may not serve more than two consecutive terms. 198 (8) A member may not receive compensation or benefits for the member's service, but may 199 receive per diem and travel expenses in accordance with: 200 (a) Section 63A-3-106; - 6 - 01-07 15:16 H.B. 183 201 (b) Section 63A-3-107; and 202 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 203 63A-3-107. 204 Section 2. Section 10-3-913 is amended to read: 205 10-3-913 (Effective 05/06/26). Authority of chief of police -- Oversight. 206 (1) The chief of police has the same authority as the sheriff within the boundaries of the 207 municipality of appointment. The chief has authority to: 208 (a) suppress riots, disturbances, and breaches of the peace; 209 (b) apprehend all persons violating state laws or city ordinances; 210 (c) diligently discharge his duties and enforce all ordinances of the city to preserve the 211 peace, good order, and protection of the rights and property of all persons; 212 (d) attend the municipal justice court located within the city when required, provide 213 security for the court, and obey its orders and directions; and 214 (e) select a representative of law enforcement to serve as a member of a child protection 215 team, as defined in Section 80-1-102. 216 (2) This section is not a limitation of a police chief's statewide authority as otherwise 217 provided by law. 218 (3) The chief of police shall adopt a written policy that prohibits the stopping, detention, or 219 search of any person when the action is solely motivated by considerations of race, 220 color, ethnicity, age, or [gender] sex. 221 (4)(a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not 222 establish a board, committee, or other entity that: 223 (i) has authority independent of the chief of police; and 224 (ii)(A) has authority to overrule a hiring or appointment proposal of the chief of 225 police; 226 (B) is required to review or approve a police department's rules, regulations, 227 policies, or procedures in order for the rules, regulations, policies, or 228 procedures to take effect; 229 (C) has authority to veto a new policy, or strike down an existing policy, 230 established under the authority of the chief of police; 231 (D) is required to review or approve a police department's budget in order for the 232 budget to take effect; or 233 (E) has authority to review or approve a contract the police department makes 234 with a police union or other organization. - 7 - H.B. 183 01-07 15:16 235 (b) Nothing in this Subsection (4): 236 (i) limits the authority the Utah Code provides over the chief of police; 237 (ii) prohibits the municipal council or chief executive officer from taking a lawful 238 action described in Subsection (4)(a)(ii) that is allowed by law; or 239 (iii) limits the authority of a civil service commission established in accordance with 240 Title 10, Chapter 3, Part 10, Civil Service Commission. 241 (5) Subject to Subsection (4), a municipality may establish a board, committee, or other 242 entity that relates to the provision of law enforcement services and that has authority 243 independent of the chief of police if the municipality: 244 (a) directly appoints the board, committee, or other entity's members; and 245 (b) provides direct oversight of the board, committee, or other entity. 246 Section 3. Section 10-3-918 is amended to read: 247 10-3-918 (Effective 05/06/26). Chief of police or marshal in a city of the third, 248 fourth, or fifth class or town. 249 Subject to Subsection 10-3-913(4), the chief of police or marshal in each city of the 250 third, fourth, or fifth class or town: 251 (1) shall: 252 (a) exercise and perform the duties that are prescribed by the legislative body; 253 (b) be under the direction, control, and supervision of the person or body that appointed 254 the chief or marshal; and 255 (c) adopt a written policy that prohibits the stopping, detention, or search of any person 256 when the action is solely motivated by considerations of race, color, ethnicity, age, or [ 257 gender] sex; and 258 (2) may, with the consent of the person or body that appointed the chief or marshal, appoint 259 assistants to the chief of police or marshal. 260 Section 4. Section 11-46-204 is amended to read: 261 11-46-204 (Effective 05/06/26). Sterilization deposit. 262 (1) A sterilization deposit may be: 263 (a) a portion of the adoption fee or purchase price of the animal, which will enable the 264 adopter to take the animal for sterilization to a veterinarian with whom the animal 265 shelter has an agreement that the veterinarian will bill the animal shelter directly for 266 the sterilization; 267 (b) a deposit that is: 268 (i) refundable to the recipient if proof of sterilization of the animal within the - 8 - 01-07 15:16 H.B. 183 269 appropriate time limits under Section 11-46-203 is presented to the animal shelter 270 not more than three months after the date the animal is sterilized; and 271 (ii) forfeited to the animal shelter if proof of sterilization is not presented to the 272 animal shelter in compliance with Subsection (1)(b)(i); or 273 (c) a deposit under Section 11-46-206 required for an owner to claim an unsterilized 274 animal impounded at the animal shelter. 275 (2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a 276 sterilization of an animal, based on the [gender] sex and weight of the animal, that is 277 reasonably available in the area where the animal shelter is located, but the deposit may 278 not be less than $25. 279 (3) If a female animal and her litter are transferred to one person, a sterilization deposit is 280 required only for the female animal. 281 (4) All sterilization deposits forfeited or unclaimed under this section shall be retained by 282 the animal shelter and used by the animal shelter only for: 283 (a) a program to sterilize animals, which may include a sliding scale fee program; 284 (b) a public education program to reduce and prevent overpopulation of animals and the 285 related costs to local governments; 286 (c) a follow-up program to assure that animals transferred by the animal shelter are 287 sterilized in accordance with the agreement executed under Section 11-46-203; and 288 (d) any additional costs incurred by the animal shelter in the administration of the 289 requirements of this chapter. 290 Section 5. Section 13-47-103 is amended to read: 291 13-47-103 (Effective 05/06/26). Scope of chapter. 292 A private employer shall comply with this chapter, and this chapter shall be enforced 293 without regard to race, color, national origin, [gender] sex, religion, age, disability, familial 294 status, or source of income. 295 Section 6. Section 15A-3-112 is amended to read: 296 15A-3-112 (Effective 05/06/26). Amendments to Chapters 29 through 31 of IBC. 297 (1) In IBC [P] Table 2902.1 the following changes are made: 298 (a) In the row for "E" occupancy in the field for "OTHER" a new footnote i is added. 299 (b) In the row for "I-4" occupancy in the field for "OTHER" a new footnote i is added. 300 (c) A new footnote g is added as follows: "FOOTNOTE: g. When provided, subject to 301 footnote i, in public toilet facilities there shall be an equal number of diaper 302 changing facilities in male toilet rooms and female toilet rooms." - 9 - H.B. 183 01-07 15:16 303 (d) A new footnote h is added to the table as follows: "FOOTNOTE h: Non-residential 304 child care facilities shall comply with additional sink requirements of Utah 305 Administrative Code, R381-60-9, Hourly Child Care Centers, R381-70-9, Out of 306 School Time Child Care Programs, and R381-100-9, Child Care Centers." 307 (e) A new footnote i is added to the table as follows: "FOOTNOTE i: A building owned by a 308 state government entity or by a political subdivision of the state that allows access to the public 309 shall provide diaper changing facilities in accordance with footnote g if: 310 1. the building is newly constructed; or 311 2. a bathroom in the building is renovated." 312 (f) Footnote f is deleted and replaced with the following: "FOOTNOTE f: The required 313 number and type of plumbing fixtures for outdoor public swimming pools shall be in 314 accordance with Utah Administrative Code, R392-302, Design, Construction and 315 Operation of Public Pools." 316 (2) In IBC, Section [P] 2902.1.1, Exception 2 is deleted and replaced with the following: 317 "2. Where multiple-user facilities are designed to serve all [genders ] sexes the 318 following shall apply: 319 2.1 The maximum fixture count to serve all [genders ] sexes shall be calculated at 50 320 percent of the total occupant load. The maximum fixture count for the multiple-user all [gender] 321 sex facility shall be calculated at 50 percent female and 50 percent male. 322 2.2 The remaining 50 percent of the required restroom fixtures shall be provided as 323 required by Table 2902.1 in separate toilet facilities." 324 (3) In IBC, Section [P] 2902.2, Exception 6 is deleted and replaced with the following: 325 "6. Separate facilities shall not be required as prescribed in Section 2902.1.1 Exception 326 2. Rooms having both water closets and lavatory fixtures designed for use by all [genders] 327 sexes and privacy for water closets shall be installed in accordance with Section 405.3.4 of the 328 International Plumbing Code and Section 2903.1.4 of this code. Urinals in multiple-user all [ 329 gender] sex toilet facilities shall be located in an area visually separated from the remainder of 330 the facility or each urinal that is provided shall be located in a stall and installed in accordance 331 with Section 405.3.5 of the International Plumbing Code and Section 2903.1.5 of this code." 332 (4) A new IBC, Section [P]2902.8, is added as follows: 333 "[P]2902.8 Toilet Facilities for Workers. 334 Toilet facilities shall be provided for construction workers and such facilities shall be 335 maintained in a sanitary condition. Construction worker toilet facilities of the nonsewer type 336 shall conform to ANSI Z4.3-2016." - 10 - 01-07 15:16 H.B. 183 337 (5) In IBC, Section [P] 2903.1.4, the following sentence is added after the first sentence: 338 "For restroom facilities designed to serve all [genders] sexes, the partitions of the stalls 339 shall extend from the floor to the ceiling." 340 (6) In IBC, Section [P] 2903.1.5, the following sentence is added at the end of the 341 paragraph: "For facilities designed for use by all [genders ] sexes in the same room, 342 urinals shall be located in a separate room or in stalls with partitions that extend from the 343 floor to the ceiling." 344 (7) IBC, Section 3001.2, is deleted. 345 (8) In IBC, Section 3005.5, a new exception is added as follows: "Exception: Hydraulic 346 elevators and roped hydraulic elevators with a rise of 50 feet or less." 347 (9) In IBC, Section 3109.1, the words "the International Swimming Pool and Spa Code" at 348 the end of the section are deleted and replaced with the words "Utah Administrative 349 Code, R392-302, Design, Construction and Operation of Public Pools." 350 Section 7. Section 17-72-301 is amended to read: 351 17-72-301 (Effective 05/06/26). General duties. 352 (1) The sheriff shall: 353 (a) preserve the peace; 354 (b) make all lawful arrests; 355 (c)(i) attend in person or by deputy: 356 (A) the Supreme Court and the Court of Appeals when required; or 357 (B) when the court is held within the sheriff's county, all courts of record, and 358 court commissioner and referee sessions held within the sheriff's county; 359 (ii) obey a court's lawful orders and directions; and 360 (iii) comply with the court security rule, Rule 3-414, of the Utah Code of Judicial 361 Administration; 362 (d) upon request of the juvenile court, aid the court in maintaining order during hearings 363 and transport a minor to and from youth corrections facilities, other institutions, or 364 other designated places; 365 (e) attend county justice courts if the judge finds that the matter before the court requires 366 the sheriff's attendance for security, transportation, and escort of prisoners in the 367 sheriff's custody, or for the custody of jurors; 368 (f) command the aid of as many inhabitants of the sheriff's county as the sheriff 369 considers necessary in the execution of duties described in this section; 370 (g) take charge of and keep the county jail and prisoners in the county jail as described - 11 - H.B. 183 01-07 15:16 371 in Part 4, County Jails, and Part 5, Responsibility for Prisoners; 372 (h)(i) receive and safely keep all prisoners committed to the sheriff's custody; 373 (ii) file and preserve the commitments of prisoners; and 374 (iii) record the name, age, place of birth, and description of each prisoner; 375 (i) release on the record all attachments of real property when the attachment the sheriff 376 receives has been released or discharged; 377 (j) endorse on all process and notices the year, month, day, hour, and minute of 378 reception, and, upon payment of fees, issue a certificate to the individual delivering 379 process or notice showing the names of the parties, title of paper, and the time of 380 receipt; 381 (k) serve all process and notices as prescribed by Part 7, Process Service and Duty to the 382 Court, or any other provision of law; 383 (l)(i) if the sheriff makes service of process or notice, certify on the process or notices 384 the manner, time, and place of service; or 385 (ii) if the sheriff fails to make service, certify the reason upon the process or notice, 386 and return them without delay; 387 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public 388 land within the sheriff's county; 389 (n) perform as required by any contracts between the county and private contractors for 390 management, maintenance, operation, and construction of county jails entered into 391 under the authority of Section 17-65-405; 392 (o) manage and direct search and rescue services in the sheriff's county, including 393 emergency medical responders and other related incident response activities; 394 (p) obtain saliva DNA specimens as required under Section 53-10-404; 395 (q) on or before January 1, 2003, adopt a written policy that prohibits the stopping, 396 detention, or search of any person when the action is solely motivated by 397 considerations of race, color, ethnicity, age, or [gender] sex; 398 (r) as applicable, select a representative of law enforcement to serve as a member of a 399 child protection team, as defined in Section 80-1-102; 400 (s) appoint a county security chief in accordance with Section 53-22-103 and ensure the 401 county security chief fulfills the county security chief's duties; 402 (t) ensure that a prisoner who is awaiting trial, sentencing, or disposition of criminal 403 charges has: 404 (i) a private and confidential space to review discovery and other evidence or - 12 - 01-07 15:16 H.B. 183 405 documents related to the prisoner's criminal case with the prisoner's counsel; and 406 (ii) the means to access and review discovery and other evidence or documents 407 related to the prisoner's criminal case, with or without the prisoner's counsel, 408 including the means to access and review digital, audio, video, or other 409 technological evidence or documents; and 410 (u) perform any other duties that are required by law. 411 (2)(a) Violation of Subsection (1)(j) is a class C misdemeanor. 412 (b) Violation of any other subsection under Subsection (1) is a class A misdemeanor. 413 (3)(a) A prisoner may access or review discovery, evidence, or other documents under 414 Subsection (1)(t) with: 415 (i) technology provided by the jail; or 416 (ii) technology, including a computer, that is approved by the jail and is provided by 417 the prisoner's counsel. 418 (b) If a prisoner's counsel leaves discovery, evidence, or other documents with the 419 prisoner at the jail, the prisoner's counsel shall ensure that the discovery, evidence, or 420 other documents does not include: 421 (i) any visual depiction of an individual who is younger than 18 years old; 422 (ii) any personal identifying information of an individual other than the prisoner; 423 (iii) any financial information of a person other than the prisoner; 424 (iv) any child sexual abuse material as defined in Section 76-5b-103; 425 (v) any intimate image as defined in Section 76-5b-203; or 426 (vi) any visual depiction or information for which possession is prohibited, by policy, 427 at the jail. 428 Section 8. Section 17-72-408 is amended to read: 429 17-72-408 (Effective 05/06/26). County jail reporting requirements. 430 (1) Each county jail shall submit a report to the commission before June 15 of each year 431 that includes, for the preceding calendar year: 432 (a) the average daily prisoner population each month; 433 (b) the number of prisoners in the county jail on the last day of each month who identify 434 as each race or ethnicity included in the Standards for Transmitting Race and 435 Ethnicity published by the United States Federal Bureau of Investigation; 436 (c) the number of prisoners booked into the county jail; 437 (d) the number of prisoners held in the county jail each month on behalf of each of the 438 following entities: - 13 - H.B. 183 01-07 15:16 439 (i) the Bureau of Indian Affairs; 440 (ii) a state prison; 441 (iii) a federal prison; 442 (iv) the United States Immigration and Customs Enforcement; and 443 (v) any other entity with which a county jail has entered a contract to house inmates 444 on the entity's behalf; 445 (e) the number of prisoners that are denied pretrial release and held in the custody of the 446 county jail while the prisoner awaited final disposition of the prisoner's criminal 447 charges; 448 (f) for each prisoner booked into the county jail: 449 (i) the name of the agency that arrested the prisoner; 450 (ii) the date and time the prisoner was booked into and released from the custody of 451 the county jail; 452 (iii) if the prisoner was released from the custody of the county jail, the reason the 453 inmate was released from the custody of the county jail; 454 (iv) if the prisoner was released from the custody of the county jail on a financial 455 condition, whether the financial condition was set by a county sheriff or a court; 456 (v) the number of days the prisoner was held in the custody of the county jail before 457 disposition of the prisoner's criminal charges; 458 (vi) whether the prisoner was released from the custody of the county jail before final 459 disposition of the prisoner's criminal charges; and 460 (vii) the prisoner's state identification number; 461 (g) the number of in-custody deaths that occurred at the county jail; 462 (h) for each in-custody death: 463 (i) the deceased's name, [gender] sex, race, ethnicity, age, and known or suspected 464 medical diagnosis or disability, if any; 465 (ii) the date, time, and location of death; 466 (iii) the law enforcement agency that detained, arrested, or was in the process of 467 arresting the deceased; and 468 (iv) a brief description of the circumstances surrounding the death; 469 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of 470 each of the in-custody deaths described in Subsection (2)(g); 471 (j) the county jail's policy for notifying an inmate's next of kin after the prisoner's 472 in-custody death; - 14 - 01-07 15:16 H.B. 183 473 (k) the county jail policies, procedures, and protocols: 474 (i) for treatment of a prisoner experiencing withdrawal from alcohol or substance use, 475 including use of opiates; 476 (ii) that relate to the county jail's provision, or lack of provision, of medications used 477 to treat, mitigate, or address a prisoner's symptoms of withdrawal, including 478 methadone and all forms of buprenorphine and naltrexone; and 479 (iii) that relate to screening, assessment, and treatment of a prisoner for a substance 480 use or mental health disorder, including the policies, procedures, and protocols 481 that implement the requirements described in Section 17-72-501; 482 (l)(i) the number of prisoners whose screening described in Section 17-72-501 483 indicated the presence of a substance use disorder; and 484 (ii) of the prisoners whose screening indicated the presence of a substance use 485 disorder, the number of prisoners who received medication under a medication 486 assisted treatment plan; and 487 (m) any report the county jail provides or is required to provide under federal law or 488 regulation relating to prisoner deaths. 489 (2)(a) Subsection (1) does not apply to a county jail if the county jail: 490 (i) collects and stores the data described in Subsection (1); and 491 (ii) enters into a memorandum of understanding with the commission that allows the 492 commission to access the data described in Subsection (1). 493 (b) The memorandum of understanding described in Subsection (2)(a)(ii) shall include a 494 provision to protect any information related to an ongoing investigation and comply 495 with all applicable federal and state laws. 496 (c) If the commission accesses data from a county jail in accordance with Subsection 497 (2)(a), the commission may not release a report prepared from that data, unless: 498 (i) the commission provides the report for review to: 499 (A) the county jail; and 500 (B) any arresting agency that is named in the report; and 501 (ii)(A) the county jail approves the report for release; 502 (B) the county jail reviews the report and prepares a response to the report to be 503 published with the report; or 504 (C) the county jail fails to provide a response to the report within four weeks after 505 the day on which the commission provides the report to the county jail. 506 (3) The commission shall: - 15 - H.B. 183 01-07 15:16 507 (a) compile the information from the reports described in Subsection (1); 508 (b) omit or redact any identifying information of an inmate in the compilation to the 509 extent omission or redaction is necessary to comply with state and federal law; 510 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim 511 Committee and the Utah Substance Use and Mental Health Advisory Committee 512 before November 1 of each year; and 513 (d) submit the compilation to the protection and advocacy agency designated by the 514 governor before November 1 of each year. 515 (4) The commission may not provide access to or use a county jail's policies, procedures, or 516 protocols submitted under this section in a manner or for a purpose not described in this 517 section. 518 (5) Upon request, a county jail shall make a report, including only the names and causes of 519 death of deceased inmates and the facility in which the deceased inmates were being 520 held in custody, available to the public. 521 Section 9. Section 17-72-503 is amended to read: 522 17-72-503 (Effective 05/06/26). Sheriff's classification of prisoners -- 523 Classification criteria -- Alternative incarceration programs -- Limitation. 524 (1) As used in this section, "living area" means the same as that term is defined in Section 525 64-13-7. 526 (2)(a) Except as provided in Subsections (5) and (6), the sheriff shall adopt and 527 implement written policies: 528 (i) for admission of prisoners to the county jail; and 529 (ii) for the classification of prisoners that provide for the separation of prisoners by [ 530 gender] sex and by other factors as may reasonably provide for the safety and 531 well-being of prisoners and the community. 532 (b) To the extent authorized by law, any written admission policies adopted and 533 implemented under this Subsection (2) shall be applied equally to all entities using 534 the county correctional facilities. 535 (3) Except as provided in Subsections (5) and (6), each county sheriff shall assign prisoners 536 to a facility or section of a facility based on classification criteria that the sheriff 537 develops and maintains. 538 (4)(a) Except as provided in Subsection (6), a county sheriff may develop and 539 implement alternative incarceration programs that may involve housing a prisoner in 540 a jail facility. - 16 - 01-07 15:16 H.B. 183 541 (b) A prisoner housed under an alternative incarceration program under Subsection (4)(a) 542 shall be considered to be in the full custody and control of the sheriff for purposes of 543 Sections 76-8-309 and 76-8-309.3. 544 (c) A prisoner may not be placed in an alternative incarceration program under 545 Subsection (4)(a) unless: 546 (i) the county jail is at maximum operating capacity, as established under Section 547 17-72-402; or 548 (ii) ordered by the court. 549 (5) A jail facility shall comply with the same requirements as the Department of 550 Corrections described in Subsections 64-13-7(4), (5), and (6) when assigning a prisoner 551 to a living area, including the reporting requirements in Subsections 64-13-45(2)(d) and 552 (e). 553 (6) This section does not authorize a sheriff to modify provisions of a contract with the 554 Department of Corrections to house state inmates in a county jail. 555 Section 10. Section 26B-1-426 is amended to read: 556 26B-1-426 (Effective 05/06/26). Board of Aging and Adult Services -- Members, 557 appointment, terms, vacancies, chairperson, compensation, meetings, quorum. 558 (1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have seven 559 members who are appointed or reappointed by the governor with the advice and consent 560 of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. 561 (2)(a) Except as required by Subsection (2)(b), each member shall be appointed for a 562 term of four years, and is eligible for one reappointment. 563 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the 564 time of appointment or reappointment, adjust the length of terms to ensure that the 565 terms of board members are staggered so that approximately half of the board is 566 appointed every two years. 567 (c) Board members shall continue in office until the expiration of their terms and until 568 their successors are appointed, which may not exceed 90 days after the formal 569 expiration of a term. 570 (d) When a vacancy occurs in the membership for any reason, the governor shall, with 571 the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, 572 Vacancies, appoint a replacement for the unexpired term. 573 (3) The board shall have diversity of [gender] sex, ethnicity, and culture[;] , and members 574 shall be chosen on the basis of their active interest, experience, and demonstrated ability - 17 - H.B. 183 01-07 15:16 575 to deal with issues related to the Board of Aging and Adult Services. 576 (4)(a) The board shall annually elect a chairperson from the board's membership. 577 (b) The board shall hold meetings at least once every three months. 578 (c) Within budgetary constraints, meetings may be held from time to time on the call of 579 the chairperson or of the majority of the members of the board. 580 (d) Four members of the board are necessary to constitute a quorum at any meeting, and, 581 if a quorum exists, the action of the majority of members present shall be the action 582 of the board. 583 (5) A member may not receive compensation or benefits for the member's service, but, at 584 the executive director's discretion, may receive per diem and travel expenses in 585 accordance with: 586 (a) Section 63A-3-106; 587 (b) Section 63A-3-107; and 588 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 589 63A-3-107. 590 (6)(a) The board shall adopt bylaws governing its activities. 591 (b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a 592 board member who is unable or unwilling to fulfill the requirements of the board 593 member's appointment. 594 (7) The board has program policymaking authority for the division over which the board 595 presides. 596 (8) A member of the board shall comply with the conflict of interest provisions described in 597 Title 63G, Chapter 24, Part 3, Conflicts of Interest. 598 Section 11. Section 26B-1-507 is amended to read: 599 26B-1-507 (Effective 05/06/26). Reporting to, and review by, legislative 600 committees. 601 (1) On or before September 1 of each year, the department shall provide, with only 602 identifying information redacted, a copy of the report described in Subsection 26B-1-506 603 (1)(b), and the response described in Subsection 26B-1-506(2) to the Office of 604 Legislative Research and General Counsel and the chairs of: 605 (a) the Health and Human Services Interim Committee; or 606 (b) if the qualified individual who is the subject of the report is an individual described 607 in Subsection 26B-1-501(7)(c), (d), or (h), the Child Welfare Legislative Oversight 608 Panel. - 18 - 01-07 15:16 H.B. 183 609 (2)(a) The Health and Human Services Interim Committee may, in a closed meeting, 610 review a report described in Subsection 26B-1-506(1)(b). 611 (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a 612 report described in Subsection (1)(b). 613 (3)(a) The Health and Human Services Interim Committee and the Child Welfare 614 Legislative Oversight Panel may not interfere with, or make recommendations 615 regarding, the resolution of a particular case. 616 (b) The purpose of a review described in Subsection (2) is to assist a committee or panel 617 described in Subsection (2) in determining whether to recommend a change in the 618 law. 619 (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a 620 change in the law shall be made in an open meeting. 621 (4) On or before September 1 of each year, the department shall provide an executive 622 summary of all formal review reports for the preceding state fiscal year to: 623 (a) the Office of Legislative Research and General Counsel; 624 (b) the Health and Human Services Interim Committee; and 625 (c) the Child Welfare Legislative Oversight Panel. 626 (5) The executive summary described in Subsection (4): 627 (a) may not include any names or identifying information; 628 (b) shall include: 629 (i) all recommendations regarding changes to the law that were made during the 630 preceding fiscal year under Subsection 26B-1-505(6); 631 (ii) all changes made, or in the process of being made, to a law, rule, policy, or 632 procedure in response to a formal review that occurred during the preceding fiscal 633 year; 634 (iii) a description of the training that has been completed in response to a formal 635 review that occurred during the preceding fiscal year; 636 (iv) statistics for the preceding fiscal year regarding: 637 (A) the number of qualified individuals and the type of deaths and near fatalities 638 that are known to the department; 639 (B) the number of formal reviews conducted; 640 (C) the categories described in Subsection 26B-1-501(7) of qualified individuals; 641 (D) the [gender] sex, age, race, and other significant categories of qualified 642 individuals; and - 19 - H.B. 183 01-07 15:16 643 (E) the number of fatalities of qualified individuals known to the department that 644 are identified as suicides; and 645 (v) action taken by the Division of Licensing and Background Checks in response to 646 the near fatality or the death of a qualified individual; and 647 (c) is a public document. 648 (6) The Division of Child and Family Services shall, to the extent required by the federal 649 Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended, 650 allow public disclosure of the findings or information relating to a case of child abuse or 651 neglect that results in a child fatality or a near fatality. 652 Section 12. Section 26B-2-109 is amended to read: 653 26B-2-109 (Effective 05/06/26). Human services program non-discrimination. 654 A human services program: 655 (1) shall perform an individualized assessment when classifying and placing an individual 656 in programs and living environments; and 657 (2) subject to the office's review and approval, shall create policies and procedures that 658 include: 659 (a) a description of what constitutes sex and [gender] sex based abuse, discrimination, 660 and harassment; 661 (b) procedures for preventing and reporting abuse, discrimination, and harassment; and 662 (c) procedures for teaching effective and professional communication with individuals 663 of all sexual orientations and [genders] sexes. 664 Section 13. Section 26B-2-119 is amended to read: 665 26B-2-119 (Effective 05/06/26). Residential support program -- Temporary 666 homeless youth shelter. 667 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 668 office shall make rules that establish age-appropriate and [gender-appropriate] sex-appropriate 669 sleeping quarters in temporary homeless youth shelters, as defined in Section 80-5-102, that 670 provide overnight shelter to minors. 671 Section 14. Section 26B-2-128 is amended to read: 672 26B-2-128 (Effective 05/06/26). Numerical limit of foster children in a foster 673 home -- Limits on bedroom sharing. 674 (1)(a) No more than four foster children may reside in the foster home of a licensed 675 foster parent. 676 (b) No more than three foster children may reside in the foster home of a certified foster - 20 - 01-07 15:16 H.B. 183 677 parent. 678 (2) When placing a child into a foster home, the limits under Subsection (1) may be 679 exceeded: 680 (a) to place a child into a foster home where a sibling of the child currently resides; or 681 (b) to place a child in a foster home where the child previously resided. 682 (3) The limits under Subsection (1) may be exceeded for: 683 (a) placement of a sibling group in a foster home with no more than one other foster 684 child placement; 685 (b) placement of a child or sibling group in a foster home where the child or sibling 686 group previously resided; or 687 (c) placement of a child in a foster home where a sibling currently resides. 688 (4)(a) A foster child may not share a bedroom with a child of the opposite biological sex 689 unless: 690 (i) each child sharing the bedroom is under two years old; 691 (ii)(A) the department's client record identifies [gender-specific] sex-specific 692 rationale for sharing the bedroom; 693 (B) sharing the bedroom is in the best interests of each child sharing the bedroom; 694 and 695 (C) all children sharing the bedroom are relatives; or 696 (iii)(A) there is written caseworker approval for the bedroom assignment; 697 (B) sharing the bedroom is in the best interests of each child sharing the bedroom; 698 and 699 (C) all children sharing the bedroom are relatives. 700 (b) The Division of Child and Family Services shall approve a bedroom assignment by 701 which a child has their own bedroom if: 702 (i) there is a [gender-specific] sex-specific or sexual-orientation specific rationale for 703 the bedroom assignment; and 704 (ii) the bedroom assignment is necessary to promote the child's best interest. 705 (5) A foster parent's bedroom may only be shared with a foster child who is under the age 706 of two years old. 707 (6) A foster parent may not share a bed with any foster child. 708 Section 15. Section 26B-2-710 is enacted to read: 709 26B-2-710 (Effective 05/06/26). Employment practice prohibition. 710 (1) As used in this section, "prolonged contact" means contact that exceeds five minutes. - 21 - H.B. 183 01-07 15:16 711 (2) A provider may not assign an employee, who presents as a sex that is different from the 712 employee's biological sex while actively working for the provider, duties that allow 713 face-to-face and prolonged contact with a child. 714 Section 16. Section 26B-3-303 is amended to read: 715 26B-3-303 (Effective 05/06/26) (Repealed 07/01/27). DUR Board -- 716 Responsibilities. 717 The board shall: 718 (1) develop rules necessary to carry out its responsibilities as defined in this part; 719 (2) oversee the implementation of a Medicaid retrospective and prospective DUR program 720 in accordance with this part, including responsibility for approving provisions of 721 contractual agreements between the Medicaid program and any other entity that will 722 process and review Medicaid drug claims and profiles for the DUR program in 723 accordance with this part; 724 (3) develop and apply predetermined criteria and standards to be used in retrospective and 725 prospective DUR, ensuring that the criteria and standards are based on the compendia, 726 and that they are developed with professional input, in a consensus fashion, with 727 provisions for timely revision and assessment as necessary. The DUR standards 728 developed by the board shall reflect the local practices of physicians in order to monitor: 729 (a) therapeutic appropriateness; 730 (b) overutilization or underutilization; 731 (c) therapeutic duplication; 732 (d) drug-disease contraindications; 733 (e) drug-drug interactions; 734 (f) incorrect drug dosage or duration of drug treatment; and 735 (g) clinical abuse and misuse; 736 (4) develop, select, apply, and assess interventions and remedial strategies for physicians, 737 pharmacists, and recipients that are educational and not punitive in nature, in order to 738 improve the quality of care; 739 (5) disseminate information to physicians and pharmacists to ensure that they are aware of 740 the board's duties and powers; 741 (6) provide written, oral, or electronic reminders of patient-specific or drug-specific 742 information, designed to ensure recipient, physician, and pharmacist confidentiality, and 743 suggest changes in prescribing or dispensing practices designed to improve the quality 744 of care; - 22 - 01-07 15:16 H.B. 183 745 (7) utilize face-to-face discussions between experts in drug therapy and the prescriber or 746 pharmacist who has been targeted for educational intervention; 747 (8) conduct intensified reviews or monitoring of selected prescribers or pharmacists; 748 (9) create an educational program using data provided through DUR to provide active and 749 ongoing educational outreach programs to improve prescribing and dispensing practices, 750 either directly or by contract with other governmental or private entities; 751 (10) provide a timely evaluation of intervention to determine if those interventions have 752 improved the quality of care; 753 (11) publish the annual Drug Utilization Review report required under 42 C.F.R. Sec. 712; 754 (12) develop a working agreement with related boards or agencies, including the State 755 Board of Pharmacy, Medical Licensing Board, and SURS staff within the division, in 756 order to clarify areas of responsibility for each, where those areas may overlap; 757 (13) establish a grievance process for physicians and pharmacists under this part, in 758 accordance with Title 63G, Chapter 4, Administrative Procedures Act; 759 (14) publish and disseminate educational information to physicians and pharmacists 760 concerning the board and the DUR program, including information regarding: 761 (a) identification and reduction of the frequency of patterns of fraud, abuse, gross 762 overuse, inappropriate, or medically unnecessary care among physicians, 763 pharmacists, and recipients; 764 (b) potential or actual severe or adverse reactions to drugs; 765 (c) therapeutic appropriateness; 766 (d) overutilization or underutilization; 767 (e) appropriate use of generics; 768 (f) therapeutic duplication; 769 (g) drug-disease contraindications; 770 (h) drug-drug interactions; 771 (i) incorrect drug dosage and duration of drug treatment; 772 (j) drug allergy interactions; and 773 (k) clinical abuse and misuse; 774 (15) develop and publish, with the input of the State Board of Pharmacy, guidelines and 775 standards to be used by pharmacists in counseling Medicaid recipients in accordance 776 with this part. The guidelines shall ensure that the recipient may refuse counseling and 777 that the refusal is to be documented by the pharmacist. Items to be discussed as part of 778 that counseling include: - 23 - H.B. 183 01-07 15:16 779 (a) the name and description of the medication; 780 (b) administration, form, and duration of therapy; 781 (c) special directions and precautions for use; 782 (d) common severe side effects or interactions, and therapeutic interactions, and how to 783 avoid those occurrences; 784 (e) techniques for self-monitoring drug therapy; 785 (f) proper storage; 786 (g) prescription refill information; and 787 (h) action to be taken in the event of a missed dose; and 788 (16) establish procedures in cooperation with the State Board of Pharmacy for pharmacists 789 to record information to be collected under this part. The recorded information shall 790 include: 791 (a) the name, address, age, and [gender] sex of the recipient; 792 (b) individual history of the recipient where significant, including disease state, known 793 allergies and drug reactions, and a comprehensive list of medications and relevant 794 devices; 795 (c) the pharmacist's comments on the individual's drug therapy; 796 (d) name of prescriber; and 797 (e) name of drug, dose, duration of therapy, and directions for use. 798 Section 17. Section 26B-4-213 is amended to read: 799 26B-4-213 (Effective 05/06/26). Medical cannabis patient card -- Medical 800 cannabis guardian card -- Conditional medical cannabis card -- Application -- Fees -- 801 Studies. 802 (1)(a) Subject to Section 26B-4-246, within 15 days after the day on which an individual 803 who satisfies the eligibility criteria in this section or Section 26B-4-214 submits an 804 application in accordance with this section or Section 26B-4-214, the department 805 shall: 806 (i) issue a medical cannabis patient card to an individual described in Subsection 807 (2)(a); 808 (ii) issue a medical cannabis guardian card to an individual described in Subsection 809 (2)(b); 810 (iii) issue a provisional patient card to a minor described in Subsection (2)(c); and 811 (iv) issue a medical cannabis caregiver card to an individual described in Subsection 812 26B-4-214(4). - 24 - 01-07 15:16 H.B. 183 813 (b)(i) Upon the entry of a recommending medical provider's medical cannabis 814 recommendation for a patient in the state electronic verification system, either by 815 the provider or the provider's employee or by a medical cannabis pharmacy 816 medical provider or medical cannabis pharmacy in accordance with Subsection 817 4-41a-1101(10)(a), the department shall issue to the patient an electronic 818 conditional medical cannabis card, in accordance with this Subsection (1)(b). 819 (ii) A conditional medical cannabis card is valid for the lesser of: 820 (A) 60 days; or 821 (B) the day on which the department completes the department's review and issues 822 a medical cannabis card under Subsection (1)(a), denies the patient's medical 823 cannabis card application, or revokes the conditional medical cannabis card 824 under Subsection (8). 825 (iii) The department may issue a conditional medical cannabis card to an individual 826 applying for a medical cannabis patient card for which approval of the 827 Compassionate Use Board is not required. 828 (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and 829 obligations under law applicable to a holder of the medical cannabis card for 830 which the individual applies and for which the department issues the conditional 831 medical cannabis card. 832 (2)(a) An individual is eligible for a medical cannabis patient card if: 833 (i)(A) the individual is at least 21 years old; or 834 (B) the individual is 18, 19, or 20 years old, the individual petitions the 835 Compassionate Use Board under Section 26B-1-421, and the Compassionate 836 Use Board recommends department approval of the petition; 837 (ii) the individual is a Utah resident; 838 (iii) the individual's recommending medical provider recommends treatment with 839 medical cannabis in accordance with Subsection (4); 840 (iv) the individual signs an acknowledgment stating that the individual received the 841 information described in Subsection (9); and 842 (v) the individual pays to the department a fee in an amount that, subject to 843 Subsection 26B-1-310(5), the department sets in accordance with Section 844 63J-1-504. 845 (b)(i) An individual is eligible for a medical cannabis guardian card if the individual: 846 (A) is at least 18 years old; - 25 - H.B. 183 01-07 15:16 847 (B) is a Utah resident; 848 (C) is the parent or legal guardian of a minor for whom the minor's recommending 849 medical provider recommends a medical cannabis treatment, the individual 850 petitions the Compassionate Use Board under Section 26B-1-421, and the 851 Compassionate Use Board recommends department approval of the petition; 852 (D) the individual signs an acknowledgment stating that the individual received 853 the information described in Subsection (9); and 854 (E) pays to the department a fee in an amount that, subject to Subsection 855 26B-1-310(5), the department sets in accordance with Section 63J-1-504, plus 856 the cost of the criminal background check described in Section 26B-4-215. 857 (ii) The department shall notify the Department of Public Safety of each individual 858 that the department registers for a medical cannabis guardian card. 859 (c)(i) A minor is eligible for a provisional patient card if: 860 (A) the minor has a qualifying condition; 861 (B) the minor's recommending medical provider recommends a medical cannabis 862 treatment to address the minor's qualifying condition; 863 (C) one of the minor's parents or legal guardians petitions the Compassionate Use 864 Board under Section 26B-1-421, and the Compassionate Use Board 865 recommends department approval of the petition; and 866 (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian 867 card under Subsection (2)(b) or designates a caregiver under Subsection (2)(d) 868 who is eligible for a medical cannabis caregiver card under Section 26B-4-214. 869 (ii) The department shall automatically issue a provisional patient card to the minor 870 described in Subsection (2)(c)(i) at the same time the department issues a medical 871 cannabis guardian card to the minor's parent or legal guardian. 872 (d) If the parent or legal guardian of a minor described in Subsections (2)(c)(i)(A) 873 through (C) does not qualify for a medical cannabis guardian card under Subsection 874 (2)(b), the parent or legal guardian may designate up to two caregivers in accordance 875 with Subsection 26B-4-214(1)(c) to ensure that the minor has adequate and safe 876 access to the recommended medical cannabis treatment. 877 (3)(a) An individual who is eligible for a medical cannabis card described in Subsection 878 (2)(a) or (b) shall submit an application for a medical cannabis card to the department: 879 (i) through an electronic application connected to the state electronic verification 880 system; - 26 - 01-07 15:16 H.B. 183 881 (ii) with the recommending medical provider; and 882 (iii) with information including: 883 (A) the applicant's name, [gender] sex, age, and address; 884 (B) the number of the applicant's government issued photo identification; 885 (C) for a medical cannabis guardian card, the name, [gender] sex, and age of the 886 minor receiving a medical cannabis treatment under the cardholder's medical 887 cannabis guardian card; and 888 (D) for a provisional patient card, the name of the minor's parent or legal guardian 889 who holds the associated medical cannabis guardian card. 890 (b)(i) If a recommending medical provider determines that, because of age, illness, or 891 disability, a medical cannabis patient cardholder requires assistance in 892 administering the medical cannabis treatment that the recommending medical 893 provider recommends, the recommending medical provider may indicate the 894 cardholder's need in the state electronic verification system, either directly or 895 through the order described in Subsections 26B-4-204(1)(b) and (c). 896 (ii) If a recommending medical provider makes the indication described in 897 Subsection (3)(b)(i): 898 (A) the department shall add a label to the relevant medical cannabis patient card 899 indicating the cardholder's need for assistance; 900 (B) any adult who is 18 years old or older and who is physically present with the 901 cardholder at the time the cardholder needs to use the recommended medical 902 cannabis treatment may handle the medical cannabis treatment and any 903 associated medical cannabis device as needed to assist the cardholder in 904 administering the recommended medical cannabis treatment; and 905 (C) an individual of any age who is physically present with the cardholder in the 906 event of an emergency medical condition, as that term is defined in Section 907 31A-1-301, may handle the medical cannabis treatment and any associated 908 medical cannabis device as needed to assist the cardholder in administering the 909 recommended medical cannabis treatment. 910 (iii) A non-cardholding individual acting under Subsection (3)(b)(ii)(B) or (C) may 911 not: 912 (A) ingest or inhale medical cannabis; 913 (B) possess, transport, or handle medical cannabis or a medical cannabis device 914 outside of the immediate area where the cardholder is present or with an intent - 27 - H.B. 183 01-07 15:16 915 other than to provide assistance to the cardholder; or 916 (C) possess, transport, or handle medical cannabis or a medical cannabis device 917 when the cardholder is not in the process of being dosed with medical cannabis. 918 (4)(a) Except as provided in Subsection (4)(b), a recommending medical provider may 919 not recommend medical cannabis to a patient through a virtual visit. 920 (b) A recommending medical provider may recommend medical cannabis to a patient 921 through a virtual visit if the patient: 922 (i) is on hospice or has a terminal illness according to the patient's medical provider; 923 (ii) is a resident of an assisted living facility, as defined in Section 26B-2-201, or a 924 nursing care facility, as defined in Section 26B-2-201; 925 (iii) has previously received a medical cannabis recommendation from the 926 recommending medical provider through a face-to-face visit; or 927 (iv) is a current patient of the recommending medical provider and has met with the 928 recommending medical provider face-to-face previously. 929 (c) A recommending medical provider shall: 930 (i) before recommending or renewing a recommendation for medical cannabis in a 931 medicinal dosage form or a cannabis product in a medicinal dosage form: 932 (A) verify the patient's and, for a minor patient, the minor patient's parent or legal 933 guardian's government issued photo identification described in Subsection 934 (3)(a); 935 (B) review any record related to the patient and, for a minor patient, the patient's 936 parent or legal guardian accessible to the recommending medical provider 937 including in the controlled substance database created in Section 58-37f-201; 938 and 939 (C) consider the recommendation in light of the patient's qualifying condition, 940 history of substance use or opioid use disorder, and history of medical cannabis 941 and controlled substance use during a visit with the patient; and 942 (ii) state in the recommending medical provider's recommendation that the patient: 943 (A) suffers from a qualifying condition, including the type of qualifying condition; 944 and 945 (B) may benefit from treatment with cannabis in a medicinal dosage form or a 946 cannabis product in a medicinal dosage form. 947 (5)(a) Except as provided in Subsection (5)(b) or (c), a medical cannabis card that the 948 department issues under this section is valid for the lesser of: - 28 - 01-07 15:16 H.B. 183 949 (i) an amount of time that the recommending medical provider determines; or 950 (ii) one year from the day the card is issued. 951 (b)(i) A medical cannabis card that the department issues in relation to a terminal 952 illness described in Section 26B-4-203 expires after one year. 953 (ii) The recommending medical provider may revoke a recommendation that the 954 provider made in relation to a terminal illness described in Section 26B-4-203 if 955 the medical cannabis cardholder no longer has the terminal illness. 956 (c) A medical cannabis card that the department issues in relation to acute pain as 957 described in Section 26B-4-203 expires 30 days after the day on which the 958 department first issues a conditional or full medical cannabis card. 959 (6)(a) A medical cannabis patient card or a medical cannabis guardian card is renewable 960 if: 961 (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) 962 or (b); or 963 (ii) the cardholder received the medical cannabis card through the recommendation of 964 the Compassionate Use Board under Section 26B-1-421. 965 (b) The recommending medical provider who made the underlying recommendation for 966 the card of a cardholder described in Subsection (6)(a) may renew the cardholder's 967 card through phone or video conference with the cardholder, at the recommending 968 medical provider's discretion. 969 (c) Before having access to a renewed card, a cardholder under Subsection (2)(a) or (b) 970 shall pay to the department a renewal fee in an amount that: 971 (i) subject to Subsection 26B-1-310(5), the department sets in accordance with 972 Section 63J-1-504; and 973 (ii) may not exceed the cost of the relatively lower administrative burden of renewal 974 in comparison to the original application process. 975 (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional 976 patient card renews automatically at the time the minor's parent or legal guardian 977 renews the parent or legal guardian's associated medical cannabis guardian card. 978 (7)(a) A cardholder under this section shall carry the cardholder's valid medical cannabis 979 card with the patient's name. 980 (b)(i) A medical cannabis patient cardholder or a provisional patient cardholder may 981 purchase, in accordance with this part and the recommendation underlying the 982 card, cannabis in a medicinal dosage form, a cannabis product in a medicinal - 29 - H.B. 183 01-07 15:16 983 dosage form, or a medical cannabis device. 984 (ii) A cardholder under this section may possess or transport, in accordance with this 985 part and the recommendation underlying the card, cannabis in a medicinal dosage 986 form, a cannabis product in a medicinal dosage form, or a medical cannabis 987 device. 988 (iii) To address the qualifying condition underlying the medical cannabis treatment 989 recommendation: 990 (A) a medical cannabis patient cardholder or a provisional patient cardholder may 991 use medical cannabis or a medical cannabis device; and 992 (B) a medical cannabis guardian cardholder may assist the associated provisional 993 patient cardholder with the use of medical cannabis or a medical cannabis 994 device. 995 (8)(a) The department may revoke a medical cannabis card that the department issues 996 under this section if: 997 (i) the recommending medical provider withdraws the medical provider's 998 recommendation for medical cannabis; or 999 (ii) the cardholder: 1000 (A) violates this part; or 1001 (B) is convicted under state or federal law of, after March 17, 2021, a drug 1002 distribution offense. 1003 (b) The department may not refuse to issue a medical cannabis card to a patient solely 1004 based on a prior revocation under Subsection (8)(a)(i). 1005 (9) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah 1006 Administrative Rulemaking Act, a process to provide information regarding the 1007 following to an individual receiving a medical cannabis card: 1008 (a) risks associated with medical cannabis treatment; 1009 (b) the fact that a condition's listing as a qualifying condition does not suggest that 1010 medical cannabis treatment is an effective treatment or cure for that condition, as 1011 described in Subsection 26B-4-203(1); and 1012 (c) other relevant warnings and safety information that the department determines. 1013 (10) The department may establish procedures by rule, in accordance with Title 63G, 1014 Chapter 3, Utah Administrative Rulemaking Act, to implement the application and 1015 issuance provisions of this section. 1016 (11)(a) The department shall establish by rule, in accordance with Title 63G, Chapter 3, - 30 - 01-07 15:16 H.B. 183 1017 Utah Administrative Rulemaking Act, a process to allow an individual from another 1018 state to register with the department in order to purchase medical cannabis or a 1019 medical cannabis device from a medical cannabis pharmacy while the individual is 1020 visiting the state. 1021 (b) The department may only provide the registration process described in Subsection 1022 (11)(a): 1023 (i) to a nonresident patient; and 1024 (ii) for no more than two visitation periods per calendar year of up to 21 calendar 1025 days per visitation period. 1026 (12)(a) A person may submit to the department a request to conduct a research study 1027 using medical cannabis cardholder data that the state electronic verification system 1028 contains. 1029 (b) The department shall review a request described in Subsection (12)(a) to determine 1030 whether an institutional review board, as that term is defined in Section 26B-4-201, 1031 could approve the research study. 1032 (c) At the time an individual applies for a medical cannabis card, the department shall 1033 notify the individual: 1034 (i) of how the individual's information will be used as a cardholder; 1035 (ii) that by applying for a medical cannabis card, unless the individual withdraws 1036 consent under Subsection (12)(d), the individual consents to the use of the 1037 individual's information for external research; and 1038 (iii) that the individual may withdraw consent for the use of the individual's 1039 information for external research at any time, including at the time of application. 1040 (d) An applicant may, through the medical cannabis card application, and a medical 1041 cannabis cardholder may, through the state central patient portal, withdraw the 1042 applicant's or cardholder's consent to participate in external research at any time. 1043 (e) The department may release, for the purposes of a study described in this Subsection 1044 (12), information about a cardholder under this section who consents to participate 1045 under Subsection (12)(c). 1046 (f) If an individual withdraws consent under Subsection (12)(d), the withdrawal of 1047 consent: 1048 (i) applies to external research that is initiated after the withdrawal of consent; and 1049 (ii) does not apply to research that was initiated before the withdrawal of consent. 1050 (g) The department may establish standards for a medical research study's validity, by - 31 - H.B. 183 01-07 15:16 1051 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 1052 Act. 1053 (13) The department shall record the issuance or revocation of a medical cannabis card 1054 under this section in the controlled substance database. 1055 Section 18. Section 26B-4-214 is amended to read: 1056 26B-4-214 (Effective 05/06/26). Medical cannabis caregiver card -- Registration 1057 -- Renewal -- Revocation. 1058 (1)(a) A cardholder described in Section 26B-4-213 may designate up to two 1059 individuals, or an individual and a facility in accordance with Subsection (1)(b), to 1060 serve as a designated caregiver for the cardholder. 1061 (b)(i) A cardholder described in Section 26B-4-213 may designate one of the 1062 following types of facilities as one of the caregivers described in Subsection (1)(a): 1063 (A) for a patient or resident, an assisted living facility, as that term is defined in 1064 Section 26B-2-201; 1065 (B) for a patient or resident, a nursing care facility, as that term is defined in 1066 Section 26B-2-201; or 1067 (C) for a patient, a general acute hospital, as that term is defined in Section 1068 26B-2-201. 1069 (ii) A facility may: 1070 (A) assign one or more employees to assist patients with medical cannabis 1071 treatment under the caregiver designation described in this Subsection (1)(b); 1072 and 1073 (B) receive a medical cannabis shipment from a medical cannabis pharmacy or a 1074 medical cannabis courier on behalf of the medical cannabis cardholder within 1075 the facility who designated the facility as a caregiver. 1076 (iii) The department shall make rules to regulate the practice of facilities and facility 1077 employees serving as designated caregivers under this Subsection (1)(b). 1078 (c) A parent or legal guardian described in Subsection 26B-4-213(2)(d), in consultation 1079 with the minor and the minor's recommending medical provider, may designate up to 1080 two individuals to serve as a designated caregiver for the minor, if the department 1081 determines that the parent or legal guardian is not eligible for a medical cannabis 1082 guardian card under Section 26B-4-213. 1083 (d)(i) Upon the entry of a caregiver designation under Subsection (1)(c) by a patient 1084 with a terminal illness described in Section 26B-4-203, the department shall issue - 32 - 01-07 15:16 H.B. 183 1085 to the designated caregiver an electronic conditional medical cannabis caregiver 1086 card, in accordance with this Subsection (1)(d). 1087 (ii) A conditional medical cannabis caregiver card is valid for the lesser of: 1088 (A) 60 days; or 1089 (B) the day on which the department completes the department's review and issues 1090 a medical cannabis caregiver card under Subsection (1)(a), denies the patient's 1091 medical cannabis caregiver card application, or revokes the conditional 1092 medical cannabis caregiver card under Section 26B-4-246. 1093 (iii) The department may issue a conditional medical cannabis card to an individual 1094 applying for a medical cannabis patient card for which approval of the 1095 Compassionate Use Board is not required. 1096 (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and 1097 obligations under law applicable to a holder of the medical cannabis card for 1098 which the individual applies and for which the department issues the conditional 1099 medical cannabis card. 1100 (2) An individual that the department registers as a designated caregiver under this section 1101 and a facility described in Subsection (1)(b): 1102 (a) for an individual designated caregiver, may carry a valid medical cannabis caregiver 1103 card; 1104 (b) in accordance with this part, may purchase, possess, transport, or assist the patient in 1105 the use of medical cannabis or a medical cannabis device on behalf of the designating 1106 medical cannabis cardholder; 1107 (c) may not charge a fee to an individual to act as the individual's designated caregiver 1108 or for a service that the designated caregiver provides in relation to the role as a 1109 designated caregiver; and 1110 (d) may accept reimbursement from the designating medical cannabis cardholder for 1111 direct costs the designated caregiver incurs for assisting with the designating 1112 cardholder's medicinal use of cannabis. 1113 (3)(a) The department shall: 1114 (i) within 15 days after the day on which an individual submits an application in 1115 compliance with this section, issue a medical cannabis card to the applicant if the 1116 applicant: 1117 (A) is designated as a caregiver under Subsection (1); 1118 (B) is eligible for a medical cannabis caregiver card under Subsection (4); and - 33 - H.B. 183 01-07 15:16 1119 (C) complies with this section; and 1120 (ii) notify the Department of Public Safety of each individual that the department 1121 registers as a designated caregiver. 1122 (b) The department shall ensure that a medical cannabis caregiver card contains the 1123 information described in Subsections (5)(b) and (3)(c)(i). 1124 (c) If a cardholder described in Section 26B-4-213 designates an individual as a 1125 caregiver who already holds a medical cannabis caregiver card, the individual with 1126 the medical cannabis caregiver card: 1127 (i) shall report to the department the information required of applicants under 1128 Subsection (5)(b) regarding the new designation; 1129 (ii) if the individual makes the report described in Subsection (3)(c)(i), is not required 1130 to file an application for another medical cannabis caregiver card; 1131 (iii) may receive an additional medical cannabis caregiver card in relation to each 1132 additional medical cannabis patient who designates the caregiver; and 1133 (iv) is not subject to an additional background check. 1134 (4) An individual is eligible for a medical cannabis caregiver card if the individual: 1135 (a) is at least 21 years old; 1136 (b) is a Utah resident; 1137 (c) pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5), 1138 the department sets in accordance with Section 63J-1-504, plus the cost of the 1139 criminal background check described in Section 26B-4-215; and 1140 (d) signs an acknowledgment stating that the applicant received the information 1141 described in Subsection 26B-4-213(9). 1142 (5) An eligible applicant for a medical cannabis caregiver card shall: 1143 (a) submit an application for a medical cannabis caregiver card to the department 1144 through an electronic application connected to the state electronic verification 1145 system; and 1146 (b) submit the following information in the application described in Subsection (5)(a): 1147 (i) the applicant's name, [gender] sex, age, and address; 1148 (ii) the name, [gender] sex, age, and address of the cardholder described in Section 1149 26B-4-213 who designated the applicant; 1150 (iii) if a medical cannabis guardian cardholder designated the caregiver, the name, [ 1151 gender] sex, and age of the minor receiving a medical cannabis treatment in 1152 relation to the medical cannabis guardian cardholder; and - 34 - 01-07 15:16 H.B. 183 1153 (iv) any additional information that the department requests to assist in matching the 1154 application with the designating medical cannabis patient. 1155 (6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the 1156 department issues under this section is valid for the lesser of: 1157 (a) an amount of time that the cardholder described in Section 26B-4-213 who 1158 designated the caregiver determines; or 1159 (b) the amount of time remaining before the card of the cardholder described in Section 1160 26B-4-213 expires. 1161 (7)(a) If a designated caregiver meets the requirements of Subsection (4), the designated 1162 caregiver's medical cannabis caregiver card renews automatically at the time the 1163 cardholder described in Section 26B-4-213 who designated the caregiver: 1164 (i) renews the cardholder's card; and 1165 (ii) renews the caregiver's designation, in accordance with Subsection (7)(b). 1166 (b) The department shall provide a method in the card renewal process to allow a 1167 cardholder described in Section 26B-4-213 who has designated a caregiver to: 1168 (i) signify that the cardholder renews the caregiver's designation; 1169 (ii) remove a caregiver's designation; or 1170 (iii) designate a new caregiver. 1171 (8) The department shall record the issuance or revocation of a medical cannabis card under 1172 this section in the controlled substance database. 1173 Section 19. Section 26B-5-211 is amended to read: 1174 26B-5-211 (Effective 05/06/26). Administration of opioid litigation proceeds -- 1175 Requirements for governmental entities receiving opioid funds -- Reporting. 1176 (1) As used in this section: 1177 (a) "Fund" means the Opioid Litigation Proceeds Fund created in Section 51-9-801. 1178 (b) "Office" means the Office of Substance Use and Mental Health within the 1179 department. 1180 (c) "Opioid funds" means money received by the state or a political subdivision of the 1181 state as a result of any judgment, settlement, or compromise of claims pertaining to 1182 alleged violations of law related to the manufacture, marketing, distribution, or sale 1183 of opioids. 1184 (2) Opioid funds may not be used to: 1185 (a) reimburse expenditures that were incurred before the opioid funds were received by 1186 the governmental entity; or - 35 - H.B. 183 01-07 15:16 1187 (b) supplant or take the place of any funds that would otherwise have been expended for 1188 that purpose. 1189 (3) The office shall serve as the reporting entity to receive, compile, and submit any reports 1190 related to opioid funds that are required by law, contract, or other agreement. 1191 (4) The requirement described in Subsection (5) applies to: 1192 (a) a recipient of opioid funds from the fund, in any year that opioid funds are received; 1193 and 1194 (b) a political subdivision that received opioid funds. 1195 (5) A person described in Subsection (4) shall provide an annual report to the office, in a 1196 form and by a date established by the office, that includes: 1197 (a) an accounting of all opioid funds that were received by the person in the year; 1198 (b) the number of individuals served through programs funded by the opioid funds, 1199 including the individuals' age, [gender] sex, and other demographic factors reported in 1200 a de-identified manner; 1201 (c) the measures that were used to determine whether the program funded by the opioid 1202 funds achieved the intended outcomes; 1203 (d) if applicable, any information required to be submitted to the reporting entity under 1204 applicable law, contract, or other agreement; and 1205 (e) the percentage of total funds received by the person in the year that the person used 1206 to promote the items under Subsections (6)(d)(i) through (vi). 1207 (6) On or before October 1 of each year, the office shall provide a written report that 1208 includes: 1209 (a) the opening and closing balance of the fund for the previous fiscal year; 1210 (b) the name of and amount received by each recipient of funds from the fund; 1211 (c) a description of the intended use of each award, including the specific program, 1212 service, or resource funded, population served, and measures that the recipient used 1213 or will use to assess the impact of the award; 1214 (d) the amount of funds expended to address each of the following items and the degree 1215 to which the department administered the program or subcontracted with a private 1216 entity: 1217 (i) treatment services; 1218 (ii) recovery support services; 1219 (iii) prevention; 1220 (iv) criminal justice; - 36 - 01-07 15:16 H.B. 183 1221 (v) harm reduction; and 1222 (vi) expanding any of the following services: 1223 (A) housing; 1224 (B) legal support; 1225 (C) education; and 1226 (D) job training; 1227 (e) a description of any finding or concern as to whether all opioid funds disbursed from 1228 the fund violated the prohibitions in Subsection (2) and, if applicable, complied with 1229 the requirements of a settlement agreement; 1230 (f) the performance indicators and progress toward improving outcomes and reducing 1231 mortality and other harms related to substance use disorders; and 1232 (g) administrative costs including indirect rates and direct service costs. 1233 (7) The office shall provide the information that is received, compiled, and submitted under 1234 this section: 1235 (a) to the Health and Human Services Interim Committee; 1236 (b) to the Social Services Appropriations Subcommittee; 1237 (c) if required under the terms of a settlement agreement under which opioid funds are 1238 received, to the administrator of the settlement agreement in accordance with the 1239 terms of the settlement agreement; and 1240 (d) in a publicly accessible location on the department's website. 1241 (8) The office may make rules in accordance with Title 63G, Chapter 3, Utah 1242 Administrative Rulemaking Act, to implement this section. 1243 Section 20. Section 26B-5-301 is amended to read: 1244 26B-5-301 (Effective 05/06/26). Definitions. 1245 As used in this part, Part 4, Commitment of Persons Under Age 18, and Part 5, Essential 1246 Treatment and Intervention: 1247 (1) "Adult" means an individual 18 years old or older. 1248 (2) "Approved treatment facility or program" means a mental health or substance use 1249 treatment provider that meets the goals and measurements described in Subsection 1250 26B-5-102(2)(ii). 1251 (3) "Assisted outpatient treatment" means involuntary outpatient mental health treatment 1252 ordered under Section 26B-5-351. 1253 (4) "Attending physician" means a physician licensed to practice medicine in this state who 1254 has primary responsibility for the care and treatment of the declarant. - 37 - H.B. 183 01-07 15:16 1255 (5) "Attorney-in-fact" means an adult properly appointed under this part to make mental 1256 health treatment decisions for a declarant under a declaration for mental health treatment. 1257 (6) "Commitment to the custody of a local mental health authority" means that an adult is 1258 committed to the custody of the local mental health authority that governs the mental 1259 health catchment area where the adult resides or is found. 1260 (7) "Community mental health center" means an entity that provides treatment and services 1261 to a resident of a designated geographical area, that operates by or under contract with a 1262 local mental health authority, and that complies with state standards for community 1263 mental health centers. 1264 (8) "Designated examiner" means: 1265 (a) a licensed physician, preferably a psychiatrist, who is designated by the division as 1266 specially qualified by training or experience in the diagnosis of mental or related 1267 illness; or 1268 (b) a licensed mental health professional designated by the division as specially qualified 1269 by training and who has at least five years' continual experience in the treatment of 1270 mental illness. 1271 (9) "Designee" means a physician who has responsibility for medical functions including 1272 admission and discharge, an employee of a local mental health authority, or an employee 1273 of a person that has contracted with a local mental health authority to provide mental 1274 health services under Section 17-77-304. 1275 (10) "Essential treatment" and "essential treatment and intervention" mean court-ordered 1276 treatment at a local substance abuse authority or an approved treatment facility or 1277 program for the treatment of an adult's substance use disorder. 1278 (11) "Harmful sexual conduct" means the following conduct upon an individual without the 1279 individual's consent, including the nonconsensual circumstances described in 1280 Subsections 76-5-406(2)(a) through (l): 1281 (a) sexual intercourse; 1282 (b) penetration, however slight, of the genital or anal opening of the individual; 1283 (c) any sexual act involving the genitals or anus of the actor or the individual and the 1284 mouth or anus of either individual, regardless of the [gender] sex of either participant; 1285 or 1286 (d) any sexual act causing substantial emotional injury or bodily pain. 1287 (12) "Informed waiver" means the patient was informed of a right and, after being informed 1288 of that right and the patient's right to waive the right, expressly communicated his or her - 38 - 01-07 15:16 H.B. 183 1289 intention to waive that right. 1290 (13) "Incapable" means that, in the opinion of the court in a guardianship proceeding under 1291 Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's 1292 ability to receive and evaluate information effectively or communicate decisions is 1293 impaired to such an extent that the person currently lacks the capacity to make mental 1294 health treatment decisions. 1295 (14) "Institution" means a hospital or a health facility licensed under Section 26B-2-206. 1296 (15) "Lay person" means an individual identified and authorized by a patient to participate 1297 in activities related to the patient's commitment, including court appearances, discharge 1298 planning, and grievances, except that a patient may revoke a lay person's authorization at 1299 any time. 1300 (16) "Local substance abuse authority" means the same as that term is defined in Section 1301 26B-5-101 and described in Section 17-77-201. 1302 (17) "Mental health facility" means the Utah State Hospital or other facility that provides 1303 mental health services under contract with the division, a local mental health authority, a 1304 person that contracts with a local mental health authority, or a person that provides acute 1305 inpatient psychiatric services to a patient. 1306 (18) "Mental health officer" means an individual who is designated by a local mental health 1307 authority as qualified by training and experience in the recognition and identification of 1308 mental illness, to: 1309 (a) apply for and provide certification for a temporary commitment; or 1310 (b) assist in the arrangement of transportation to a designated mental health facility. 1311 (19) "Mental illness" means: 1312 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, 1313 behavioral, or related functioning; or 1314 (b) the same as that term is defined in: 1315 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders 1316 published by the American Psychiatric Association; or 1317 (ii) the current edition of the International Statistical Classification of Diseases and 1318 Related Health Problems. 1319 (20) "Mental health treatment" means convulsive treatment, treatment with psychoactive 1320 medication, or admission to and retention in a facility for a period not to exceed 17 days. 1321 (21) "Patient" means an individual who is: 1322 (a) under commitment to the custody or to the treatment services of a local mental health - 39 - H.B. 183 01-07 15:16 1323 authority; or 1324 (b) undergoing essential treatment and intervention. 1325 (22) "Physician" means an individual who is: 1326 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or 1327 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical 1328 Practice Act. 1329 (23) "Serious bodily injury" means bodily injury that involves a substantial risk of death, 1330 unconsciousness, extreme physical pain, protracted and obvious disfigurement, or 1331 protracted loss or impairment of the function of a bodily member, organ, or mental 1332 faculty. 1333 (24) "State hospital" means the Utah State Hospital established in Section 26B-5-302. 1334 (25) "Substantial danger" means that due to mental illness, an individual is at serious risk of: 1335 (a) suicide; 1336 (b) serious bodily self-injury; 1337 (c) serious bodily injury because the individual is incapable of providing the basic 1338 necessities of life, including food, clothing, or shelter; 1339 (d) causing or attempting to cause serious bodily injury to another individual; 1340 (e) engaging in harmful sexual conduct; or 1341 (f) if not treated, suffering severe and abnormal mental, emotional, or physical distress 1342 that: 1343 (i) is associated with significant impairment of judgment, reason, or behavior; and 1344 (ii) causes a substantial deterioration of the individual's previous ability to function 1345 independently. 1346 (26) "Treatment" means psychotherapy, medication, including the administration of 1347 psychotropic medication, or other medical treatments that are generally accepted 1348 medical or psychosocial interventions for the purpose of restoring the patient to an 1349 optimal level of functioning in the least restrictive environment. 1350 Section 21. Section 26B-8-107 is amended to read: 1351 26B-8-107 (Effective 05/06/26). Correction of errors or omissions in vital records 1352 -- Conflicting birth and foundling certificates -- Rulemaking. 1353 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 1354 department may make rules: 1355 (a) governing applications to correct alleged errors or omissions on any vital record; 1356 (b) establishing procedures to resolve conflicting birth and foundling certificates; - 40 - 01-07 15:16 H.B. 183 1357 (c) allowing for the correction and reissuance of a vital record that was originally created 1358 omitting a diacritical mark; and 1359 (d) notwithstanding any other provision of law, allowing for the change of a child's 1360 name on the child's birth certificate within one year from the day the child is born. 1361 (2) For a birth certificate, the department may correct an error or omission under Subsection 1362 (1)(a) if: 1363 (a) the error or omission is a result of a scrivener's error or a data entry error; and 1364 (b) the department receives: 1365 (i)(A) an affidavit from the applicant attesting that there is an error on the birth 1366 certificate; 1367 (B) supporting documentation from the health care facility or attending health care 1368 provider; and 1369 (C) an affidavit from the health care facility or health care provider described in 1370 Subsection (2)(b)(i)(B) attesting to the accuracy of the supporting 1371 documentation; or 1372 (ii) documentation deemed sufficient by the state registrar to establish the facts of the 1373 error or omission. 1374 (3) The department may amend a birth certificate's sex designation for an intersex 1375 individual at the request of the individual or the guardian of the individual if: 1376 (a) the sex designation indicating the biological sex at birth of the individual was 1377 misidentified on the original certificate due to the individual's condition; and 1378 (b) the department receives: 1379 (i) a correction affidavit attesting the individual is intersex; 1380 (ii) chromosomal, molecular, karyotypic, DNA, or genetic testing results that confirm 1381 the individual is intersex; and 1382 (iii) an affidavit from the health care facility, health care professional, or laboratory 1383 testing facility that conducted the test or analyzed the test results, attesting to the 1384 test results and accuracy. 1385 (4)(a) A court may not issue an order to change an individual's sex designation on the 1386 individual's birth certificate unless the order is made to compel compliance with 1387 Subsection (2) or (3). 1388 (b) The department may only amend an individual's sex designation on a birth certificate 1389 if done in accordance with Subsection (2) or (3). 1390 (5) The department shall retain a record of all amendments to a vital record, including any - 41 - H.B. 183 01-07 15:16 1391 amendment history issued by the department. 1392 Section 22. Section 29-2-103 is amended to read: 1393 29-2-103 (Effective 05/06/26). Innkeeper's rights -- Liability -- Prohibition on 1394 discrimination. 1395 (1) An innkeeper may: 1396 (a) refuse or deny accommodations, facilities, or privileges of a lodging establishment to 1397 any person who is: 1398 (i) unwilling or unable to pay for the accommodations and services of the lodging 1399 establishment; 1400 (ii) visibly intoxicated; 1401 (iii) creating a public nuisance; 1402 (iv) in the reasonable belief of the innkeeper, seeking accommodations for any 1403 unlawful purpose, including: 1404 (A) the unlawful possession or use of controlled substances in violation of federal 1405 or state law; or 1406 (B) use of the premises for the consumption of alcoholic beverages by any person 1407 under 21 years [of age] old in violation of federal or state law; or 1408 (v) in the reasonable belief of the innkeeper, bringing in property that may be 1409 dangerous to other persons, including firearms or explosives; 1410 (b) require a prospective guest prior to check-in to demonstrate the guest's ability to pay 1411 either in cash, by credit card, or with a validated check; 1412 (c) require a parent or legal guardian of a minor to: 1413 (i) promise in writing to pay all guest room costs, taxes, and charges incurred by the 1414 minor at a lodging establishment and any damages to the lodging establishment 1415 and its furnishings caused by the minor while a guest at the lodging establishment; 1416 (ii) provide an innkeeper with a valid credit card number to cover potential charges 1417 and any potential damages to the lodging establishment and its furnishings caused 1418 by the minor; or 1419 (iii) if a valid credit card is not an option, provide an innkeeper with: 1420 (A) an advance cash payment to cover the guest room costs and taxes for the 1421 anticipated stay of the minor; and 1422 (B) a deposit, not to exceed $500, towards the payment of any charges by the 1423 minor or any damages to the lodging establishment or its furnishings, which 1424 deposit shall be refunded to the extent not used to cover any damages as - 42 - 01-07 15:16 H.B. 183 1425 determined by the innkeeper following room inspection at check-out; 1426 (d) require a guest to produce a valid driver's license, or other identification satisfactory 1427 to the innkeeper, containing a photograph and the name and address of the guest; 1428 (e) if the guest is a minor, require a parent or guardian of the guest to register and 1429 produce the same identification required in Subsection (1)(d); 1430 (f) limit the number of persons who may occupy a guest room in the lodging 1431 establishment; or 1432 (g) eject a person from a lodging establishment for any of the following reasons: 1433 (i) nonpayment of the lodging establishment's charges for accommodations or 1434 services; 1435 (ii) visible intoxication of the guest; 1436 (iii) disorderly conduct of the guest resulting in a public nuisance; or 1437 (iv) the innkeeper reasonably believes that the person has violated: 1438 (A) this chapter or any federal, state, or local law or regulation relating to the 1439 lodging establishment; or 1440 (B) any rule of the lodging establishment posted in a conspicuous place and 1441 manner in the lodging establishment. 1442 (2) An innkeeper may not refuse or deny use of or eject a person from a lodging 1443 establishment's facilities or privileges based upon the person's race, creed, color, 1444 national origin, [gender] sex, disability, or marital status. 1445 Section 23. Section 31A-22-405 is amended to read: 1446 31A-22-405 (Effective 05/06/26). Misstated age or sex. 1447 (1) Subject to Subsection (2), if the age or [gender] sex of the person whose life is at risk is 1448 misstated in an application for a policy of life insurance, and the error is not adjusted 1449 during the person's lifetime, the amount payable under the policy is what the premium 1450 paid would have purchased if the age or [gender] sex had been stated correctly. 1451 (2) If the person whose life is at risk was, at the time the insurance was applied for, beyond 1452 the maximum age limit designated by the insurer, the insurer shall refund at least the 1453 amount of the premiums collected under the policy. 1454 Section 24. Section 31A-22-2004 is amended to read: 1455 31A-22-2004 (Effective 05/06/26). Disclosure and performance standards for 1456 limited long-term care insurance. 1457 (1) A limited long-term care insurance policy may not: 1458 (a) be cancelled, nonrenewed, or otherwise terminated because of the age, [gender] sex, - 43 - H.B. 183 01-07 15:16 1459 or the deterioration of the mental or physical health of the insured individual or 1460 certificate holder; 1461 (b) contain a provision establishing a new waiting period if existing coverage is 1462 converted to or replaced by a new or other form within the same insurer, or the 1463 insurer's affiliates, except with respect to an increase in benefits voluntarily selected 1464 by the insured individual or group policyholder; or 1465 (c) provide coverage for skilled nursing care only or provide significantly more coverage 1466 for skilled care in a facility than coverage for lower levels of care. 1467 (2)(a) A limited long-term care insurance policy or certificate may not: 1468 (i) use a definition of "preexisting condition" that is more restrictive than the 1469 definition under this part; or 1470 (ii) exclude coverage for a loss or confinement that is the result of a preexisting 1471 condition, unless the loss or confinement begins within six months after the day 1472 on which the coverage of the insured person becomes effective. 1473 (b) A preexisting condition does not prohibit an insurer from: 1474 (i) using an application form designed to elicit the complete health history of an 1475 applicant; or 1476 (ii) on the basis of the answers on the application described in Subsection (2)(b)(i), 1477 underwriting in accordance with the insurer's established underwriting standards. 1478 (c)(i) Unless otherwise provided in the policy or certificate, an insurer may exclude 1479 coverage of a preexisting condition: 1480 (A) for a time period of six months, beginning the day on which the coverage of 1481 the insured person becomes effective; and 1482 (B) regardless of whether the preexisting condition is disclosed on the application. 1483 (ii) A limited long-term care insurance policy or certificate may not exclude or use 1484 waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for 1485 specifically named or described preexisting diseases or physical conditions for 1486 more than a time period of six months, beginning the day on which the coverage 1487 of the insured person becomes effective. 1488 (3)(a) An insurer may not deliver or issue for delivery a limited long-term care insurance 1489 policy that conditions eligibility for any benefits: 1490 (i) on a prior hospitalization requirement; 1491 (ii) provided in an institutional care setting, on the receipt of a higher level of 1492 institutional care; or - 44 - 01-07 15:16 H.B. 183 1493 (iii) other than waiver of premium, post-confinement, post-acute care, or recuperative 1494 benefits, on a prior institutionalization requirement. 1495 (b) A limited long-term care insurance policy or rider may not condition eligibility for 1496 noninstitutional benefits on the prior or continuing receipt of skilled care services. 1497 (4)(a) If, after examination of a policy, certificate, or rider, a limited long-term care 1498 insurance applicant is not satisfied for any reason, the applicant has the right to: 1499 (i) within 30 days after the day on which the applicant receives the policy, certificate, 1500 endorsement, or rider, return the policy, certificate, endorsement, or rider to the 1501 company or a producer of the company; and 1502 (ii) have the premium refunded. 1503 (b)(i) Each limited long-term care insurance policy, certificate, endorsement, and 1504 rider shall: 1505 (A) have a notice prominently printed on the first page or attached thereto 1506 detailing specific instructions to accomplish a return; and 1507 (B) include the following free-look statement or language substantially similar: 1508 "You have 30 days from the day on which you receive this policy certificate, 1509 endorsement, or rider to review it and return it to the company if you decide 1510 not to keep it. You do not have to tell the company why you are returning it. If 1511 you decide not to keep it, simply return it to the company at its administrative 1512 office. Or you may return it to the producer that you bought it from. You must 1513 return it within 30 days of the day you first received it. The company will 1514 refund the full amount of any premium paid within 30 days after it receives the 1515 returned policy, certificate, or rider. The premium refund will be sent directly 1516 to the person who paid it. The policy certificate or rider will be void as if it had 1517 never been issued." 1518 (ii) The requirements described in Subsection (4)(b)(i) do not apply to a certificate 1519 issued to an employee under an employer group limited long-term care insurance 1520 policy. 1521 (5)(a)(i) An insurer shall deliver an outline of coverage to a prospective applicant for 1522 limited long-term care insurance at the time of initial solicitation through means 1523 that prominently direct the attention of the recipient to the document and the 1524 document's purpose. 1525 (ii) In the case of an agent solicitation, the agent shall deliver the outline of coverage 1526 before the presentation of an application or enrollment form. - 45 - H.B. 183 01-07 15:16 1527 (iii) In the case of a direct response solicitation, the outline of coverage shall be 1528 presented in conjunction with any application or enrollment form. 1529 (iv)(A) In the case of a policy issued to a group, the outline of coverage is not 1530 required to be delivered if the information described in Subsections (5)(b)(i) 1531 through (iii) is contained in other materials relating to enrollment, including the 1532 certificate. 1533 (B) Upon request, an insurer shall make the other materials described in this 1534 Subsection (5)(a)(iv) available to the commissioner. 1535 (b) An outline of coverage shall include: 1536 (i) a description of the principal benefits and coverage provided in the policy; 1537 (ii) a description of the eligibility triggers for benefits and how the eligibility triggers 1538 are met; 1539 (iii) a statement of the principal exclusions, reductions, and limitations contained in 1540 the policy; 1541 (iv) a statement of the terms under which the policy or certificate, or both, may be 1542 continued in force or discontinued, including any reservation in the policy of a 1543 right to change premium[.] ; 1544 (v) a specific description of each continuation or conversion provision of group 1545 coverage; 1546 (vi) a statement that the outline of coverage is a summary only, not a contract of 1547 insurance, and that the policy or group master policy contains governing 1548 contractual provisions; 1549 (vii) a description of the terms under which a person may return the policy or 1550 certificate and have the premium refunded; 1551 (viii) a brief description of the relationship of cost of care and benefits; and 1552 (ix) a statement that discloses to the policyholder or certificate holder that the policy 1553 is not long-term care insurance. 1554 (6) A certificate pursuant to a group limited long-term care insurance policy that is 1555 delivered or issued for delivery in this state shall include: 1556 (a) a description of the principal benefits and coverage provided in the policy; 1557 (b) a statement of the principal exclusions, reductions, and limitations contained in the 1558 policy; and 1559 (c) a statement that the group master policy determines governing contractual provisions. 1560 (7) If an application for a limited long-term care insurance contract or certificate is - 46 - 01-07 15:16 H.B. 183 1561 approved, the issuer shall deliver the contract or certificate of insurance to the applicant 1562 no later that 30 days after the day on which the application is approved. 1563 Section 25. Section 31A-30-106 is amended to read: 1564 31A-30-106 (Effective 05/06/26). Individual premiums -- Rating restrictions -- 1565 Disclosure. 1566 (1) Premium rates for health benefit plans for individuals under this chapter are subject to 1567 this section. 1568 (a) The index rate for a rating period for any class of business may not exceed the index 1569 rate for any other class of business by more than 20%. 1570 (b)(i) For a class of business, the premium rates charged during a rating period to 1571 covered insureds with similar case characteristics for the same or similar 1572 coverage, or the rates that could be charged to the individual under the rating 1573 system for that class of business, may not vary from the index rate by more than 1574 30% of the index rate except as provided under Subsection (1)(b)(ii). 1575 (ii) A carrier that offers individual and small employer health benefit plans may use 1576 the small employer index rates to establish the rate limitations for individual 1577 policies, even if some individual policies are rated below the small employer base 1578 rate. 1579 (c) The percentage increase in the premium rate charged to a covered insured for a new 1580 rating period, adjusted pro rata for rating periods less than a year, may not exceed the 1581 sum of the following: 1582 (i) the percentage change in the new business premium rate measured from the first 1583 day of the prior rating period to the first day of the new rating period; 1584 (ii) any adjustment, not to exceed 15% annually and adjusted pro rata for rating 1585 periods of less than one year, due to the claim experience, health status, or 1586 duration of coverage of the covered individuals as determined from the rate 1587 manual for the class of business of the carrier offering an individual health benefit 1588 plan; and 1589 (iii) any adjustment due to change in coverage or change in the case characteristics of 1590 the covered insured as determined from the rate manual for the class of business 1591 of the carrier offering an individual health benefit plan. 1592 (d)(i) A carrier offering an individual health benefit plan shall apply rating factors, 1593 including case characteristics, consistently with respect to all covered insureds in a 1594 class of business. - 47 - H.B. 183 01-07 15:16 1595 (ii) Rating factors shall produce premiums for identical individuals that: 1596 (A) differ only by the amounts attributable to plan design; and 1597 (B) do not reflect differences due to the nature of the individuals assumed to select 1598 particular health benefit plans. 1599 (iii) A carrier offering an individual health benefit plan shall treat all health benefit 1600 plans issued or renewed in the same calendar month as having the same rating 1601 period. 1602 (e) For the purposes of this Subsection (1), a health benefit plan that uses a restricted 1603 network provision may not be considered similar coverage to a health benefit plan 1604 that does not use a restricted network provision, provided that use of the restricted 1605 network provision results in substantial difference in claims costs. 1606 (f) A carrier offering a health benefit plan to an individual may not, without prior 1607 approval of the commissioner, use case characteristics other than: 1608 (i) age; 1609 (ii) [gender] sex; 1610 (iii) geographic area; and 1611 (iv) family composition. 1612 (g)(i) The commissioner shall establish rules in accordance with Title 63G, Chapter 1613 3, Utah Administrative Rulemaking Act, to: 1614 (A) implement this chapter; 1615 (B) assure that rating practices used by carriers who offer health benefit plans to 1616 individuals are consistent with the purposes of this chapter; and 1617 (C) promote transparency of rating practices of health benefit plans, except that a 1618 carrier may not be required to disclose proprietary information. 1619 (ii) The rules described in Subsection (1)(g)(i) may include rules that: 1620 (A) assure that differences in rates charged for health benefit plans by carriers who 1621 offer health benefit plans to individuals are reasonable and reflect objective 1622 differences in plan design, not including differences due to the nature of the 1623 individuals assumed to select particular health benefit plans; and 1624 (B) prescribe the manner in which case characteristics may be used by carriers 1625 who offer health benefit plans to individuals. 1626 (h) The commissioner shall revise rules issued for Sections 31A-22-602 and 31A-22-605 1627 regarding individual accident and health policy rates to allow rating in accordance 1628 with this section. - 48 - 01-07 15:16 H.B. 183 1629 (2) For purposes of Subsection (1)(c)(i), if a health benefit plan is a health benefit plan into 1630 which the covered carrier is no longer enrolling new covered insureds, the covered 1631 carrier shall use the percentage change in the base premium rate, provided that the 1632 change does not exceed, on a percentage basis, the change in the new business premium 1633 rate for the most similar health benefit product into which the covered carrier is actively 1634 enrolling new covered insureds. 1635 (3)(a) A covered carrier may not transfer a covered insured involuntarily into or out of a 1636 class of business. 1637 (b) A covered carrier may not offer to transfer a covered insured into or out of a class of 1638 business unless the offer is made to transfer all covered insureds in the class of 1639 business without regard to: 1640 (i) case characteristics; 1641 (ii) claim experience; 1642 (iii) health status; or 1643 (iv) duration of coverage since issue. 1644 (4)(a) A carrier who offers a health benefit plan to an individual shall maintain at the 1645 carrier's principal place of business a complete and detailed description of its rating 1646 practices and renewal underwriting practices, including information and 1647 documentation that demonstrate that the carrier's rating methods and practices are: 1648 (i) based upon commonly accepted actuarial assumptions; and 1649 (ii) in accordance with sound actuarial principles. 1650 (b)(i) A carrier subject to this section shall file with the commissioner, on or before 1651 April 1 of each year, in a form, manner, and containing such information as 1652 prescribed by the commissioner, an actuarial certification certifying that: 1653 (A) the carrier is in compliance with this chapter; and 1654 (B) the rating methods of the carrier are actuarially sound. 1655 (ii) A copy of the certification required by Subsection (4)(b)(i) shall be retained by 1656 the carrier at the carrier's principal place of business. 1657 (c) A carrier shall make the information and documentation described in this Subsection 1658 (4) available to the commissioner upon request. 1659 (d) Except as provided in Subsection (1)(g) or required by PPACA, a record submitted 1660 to the commissioner under this section shall be maintained by the commissioner as a 1661 protected record under Title 63G, Chapter 2, Government Records Access and 1662 Management Act. - 49 - H.B. 183 01-07 15:16 1663 Section 26. Section 31A-30-106.1 is amended to read: 1664 31A-30-106.1 (Effective 05/06/26). Small employer premiums -- Rating 1665 restrictions -- Disclosure. 1666 (1) Premium rates for small employer health benefit plans under this chapter are subject to 1667 this section. 1668 (2)(a) The index rate for a rating period for any class of business may not exceed the 1669 index rate for any other class of business by more than 20%. 1670 (b) For a class of business, the premium rates charged during a rating period to covered 1671 insureds with similar case characteristics for the same or similar coverage, or the 1672 rates that could be charged to an employer group under the rating system for that 1673 class of business, may not vary from the index rate by more than 30% of the index 1674 rate, except when catastrophic mental health coverage is selected as provided in 1675 Subsection 31A-22-625(2)(d). 1676 (3) The percentage increase in the premium rate charged to a covered insured for a new 1677 rating period, adjusted pro rata for rating periods less than a year, may not exceed the 1678 sum of the following: 1679 (a) the percentage change in the new business premium rate measured from the first day 1680 of the prior rating period to the first day of the new rating period; 1681 (b) any adjustment, not to exceed 15% annually and adjusted pro rata for rating periods 1682 of less than one year, due to the claim experience, health status, or duration of 1683 coverage of the covered individuals as determined from the small employer carrier's 1684 rate manual for the class of business, except when catastrophic mental health 1685 coverage is selected as provided in Subsection 31A-22-625(2)(d); and 1686 (c) any adjustment due to change in coverage or change in the case characteristics of the 1687 covered insured as determined for the class of business from the small employer 1688 carrier's rate manual. 1689 (4)(a) Adjustments in rates for claims experience, health status, and duration from issue 1690 may not be charged to individual employees or dependents. 1691 (b) Rating adjustments and factors, including case characteristics, shall be applied 1692 uniformly and consistently to the rates charged for all employees and dependents of 1693 the small employer. 1694 (c) Rating factors shall produce premiums for identical groups that: 1695 (i) differ only by the amounts attributable to plan design; and 1696 (ii) do not reflect differences due to the nature of the groups assumed to select - 50 - 01-07 15:16 H.B. 183 1697 particular health benefit plans. 1698 (d) A small employer carrier shall treat all health benefit plans issued or renewed in the 1699 same calendar month as having the same rating period. 1700 (5) A health benefit plan that uses a restricted network provision may not be considered 1701 similar coverage to a health benefit plan that does not use a restricted network provision, 1702 provided that use of the restricted network provision results in substantial difference in 1703 claims costs. 1704 (6) The small employer carrier may not use case characteristics other than the following: 1705 (a) age of the employee, in accordance with Subsection (7); 1706 (b) geographic area; 1707 (c) family composition in accordance with Subsection (9); 1708 (d) for plans renewed or effective on or after July 1, 2011, [gender] sex of the employee 1709 and spouse; 1710 (e) for an individual age 65 and older, whether the employer policy is primary or 1711 secondary to Medicare; and 1712 (f) a wellness program, in accordance with Subsection (12). 1713 (7) Age limited to: 1714 (a) the following age bands: 1715 (i) less than 20; 1716 (ii) 20-24; 1717 (iii) 25-29; 1718 (iv) 30-34; 1719 (v) 35-39; 1720 (vi) 40-44; 1721 (vii) 45-49; 1722 (viii) 50-54; 1723 (ix) 55-59; 1724 (x) 60-64; and 1725 (xi) 65 and above; and 1726 (b) a standard slope ratio range for each age band, applied to each family composition 1727 tier rating structure under Subsection (9)(b): 1728 (i) as developed by the commissioner by administrative rule; and 1729 (ii) not to exceed an overall ratio as provided in Subsection (8). 1730 (8)(a) The overall ratio permitted in Subsection (7)(b)(ii) may not exceed: - 51 - H.B. 183 01-07 15:16 1731 (i) 5:1 for plans renewed or effective before January 1, 2012; and 1732 (ii) 6:1 for plans renewed or effective on or after January 1, 2012; and 1733 (b) the age slope ratios for each age band may not overlap. 1734 (9) Family composition is limited to: 1735 (a) an overall ratio of: 1736 (i) 5:1 or less for plans renewed or effective before January 1, 2012; and 1737 (ii) 6:1 or less for plans renewed or effective on or after January 1, 2012; and 1738 (b) a tier rating structure that includes: 1739 (i) four tiers that include: 1740 (A) employee only; 1741 (B) employee plus spouse; 1742 (C) employee plus a child or children; and 1743 (D) a family, consisting of an employee plus spouse, and a child or children; 1744 (ii) for plans renewed or effective on or after January 1, 2012, five tiers that include: 1745 (A) employee only; 1746 (B) employee plus spouse; 1747 (C) employee plus one child; 1748 (D) employee plus two or more children; and 1749 (E) employee plus spouse plus one or more children; or 1750 (iii) for plans renewed or effective on or after January 1, 2012, six tiers that include: 1751 (A) employee only; 1752 (B) employee plus spouse; 1753 (C) employee plus one child; 1754 (D) employee plus two or more children; 1755 (E) employee plus spouse plus one child; and 1756 (F) employee plus spouse plus two or more children. 1757 (10) If a health benefit plan is a health benefit plan into which the small employer carrier is 1758 no longer enrolling new covered insureds, the small employer carrier shall use the 1759 percentage change in the base premium rate, provided that the change does not exceed, 1760 on a percentage basis, the change in the new business premium rate for the most similar 1761 health benefit plan into which the small employer carrier is actively enrolling new 1762 covered insureds. 1763 (11)(a) A covered carrier may not transfer a covered insured involuntarily into or out of 1764 a class of business. - 52 - 01-07 15:16 H.B. 183 1765 (b) A covered carrier may not offer to transfer a covered insured into or out of a class of 1766 business unless the offer is made to transfer all covered insureds in the class of 1767 business without regard to: 1768 (i) case characteristics; 1769 (ii) claim experience; 1770 (iii) health status; or 1771 (iv) duration of coverage since issue. 1772 (12) Notwithstanding Subsection (4)(b), a small employer carrier may: 1773 (a) offer a wellness program to a small employer group if: 1774 (i) the premium discount to the employer for the wellness program does not exceed 1775 20% of the premium for the small employer group; and 1776 (ii) the carrier offers the wellness program discount uniformly across all small 1777 employer groups; 1778 (b) offer a premium discount as part of a wellness program to individual employees in a 1779 small employer group: 1780 (i) to the extent allowed by federal law; and 1781 (ii) if the employee discount based on the wellness program is offered uniformly 1782 across all small employer groups; and 1783 (c) offer a combination of premium discounts for the employer and the employee, based 1784 on a wellness program, if: 1785 (i) the employer discount complies with Subsection (12)(a); and 1786 (ii) the employee discount complies with Subsection (12)(b). 1787 (13)(a) A small employer carrier shall maintain at the small employer carrier's principal 1788 place of business a complete and detailed description of its rating practices and 1789 renewal underwriting practices, including information and documentation that 1790 demonstrate that the small employer carrier's rating methods and practices are: 1791 (i) based upon commonly accepted actuarial assumptions; and 1792 (ii) in accordance with sound actuarial principles. 1793 (b)(i) A small employer carrier shall file with the commissioner on or before April 1 1794 of each year, in a form and manner and containing information as prescribed by 1795 the commissioner, an actuarial certification certifying that: 1796 (A) the small employer carrier is in compliance with this chapter; and 1797 (B) the rating methods of the small employer carrier are actuarially sound. 1798 (ii) A copy of the certification required by Subsection (13)(b)(i) shall be retained by - 53 - H.B. 183 01-07 15:16 1799 the small employer carrier at the small employer carrier's principal place of 1800 business. 1801 (c) A small employer carrier shall make the information and documentation described in 1802 this Subsection (13) available to the commissioner upon request. 1803 (14)(a) The commissioner shall establish rules in accordance with Title 63G, Chapter 3, 1804 Utah Administrative Rulemaking Act, to: 1805 (i) implement this chapter; and 1806 (ii) assure that rating practices used by small employer carriers under this section and 1807 carriers for individual plans under Section 31A-30-106 are consistent with the 1808 purposes of this chapter. 1809 (b) The rules may: 1810 (i) assure that differences in rates charged for health benefit plans by carriers are 1811 reasonable and reflect objective differences in plan design, not including 1812 differences due to the nature of the groups or individuals assumed to select 1813 particular health benefit plans; and 1814 (ii) prescribe the manner in which case characteristics may be used by small 1815 employer and individual carriers. 1816 (15) Records submitted to the commissioner under this section shall be maintained by the 1817 commissioner as protected records under Title 63G, Chapter 2, Government Records 1818 Access and Management Act. 1819 Section 27. Section 32B-1-407 is amended to read: 1820 32B-1-407 (Effective 05/06/26). Verification of proof of age by applicable 1821 licensees. 1822 (1) As used in this section, "applicable licensee" means: 1823 (a) a dining club; 1824 (b) a bar; 1825 (c) a tavern; 1826 (d) a full-service restaurant; 1827 (e) a limited-service restaurant; 1828 (f) a beer-only restaurant; or 1829 (g) an off-premise beer retailer selling, offering for sale, or furnishing beer as described 1830 in Subsection 32B-7-202(8). 1831 (2) Notwithstanding any other provision of this part, an applicable licensee shall require 1832 that an authorized person for the applicable licensee verify proof of age as provided in - 54 - 01-07 15:16 H.B. 183 1833 this section. 1834 (3) An authorized person is required to verify proof of age under this section before an 1835 individual: 1836 (a) gains admittance to the premises of a bar licensee or tavern; 1837 (b) procures an alcoholic product on the premises of a dining club licensee; or 1838 (c) procures an alcoholic product in a dispensing area in the premises of a full-service 1839 restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant 1840 licensee. 1841 (4) To comply with Subsection (3), an authorized person shall: 1842 (a) request the individual present proof of age; and 1843 (b)(i) verify the validity of the proof of age electronically under the verification 1844 program created in Subsection (5); or 1845 (ii) if the proof of age cannot be electronically verified as provided in Subsection 1846 (4)(b)(i), request that the individual comply with a process established by the 1847 commission by rule. 1848 (5)(a) The commission shall establish by rule an electronic verification program that 1849 includes the following: 1850 (i) the specifications for the technology used by the applicable licensee to 1851 electronically verify proof of age, including that the technology display to the 1852 person described in Subsection (2) no more than the following for the individual 1853 who presents the proof of age: 1854 (A) the name; 1855 (B) the age; 1856 (C) the number assigned to the individual's proof of age by the issuing authority; 1857 (D) the birth date; 1858 (E) the [gender] sex; and 1859 (F) the status and expiration date of the individual's proof of age; and 1860 (ii) the security measures that shall be used by an applicable licensee to ensure that 1861 information obtained under this section is: 1862 (A) used by the applicable licensee only for purposes of verifying proof of age in 1863 accordance with this section; and 1864 (B) retained by the applicable licensee for seven days after the day on which the 1865 applicable licensee obtains the information. 1866 (b) The commission shall ensure that the electronic verification program described in - 55 - H.B. 183 01-07 15:16 1867 Subsection (5)(a) includes technology that recognizes every state's unique hidden 1868 security features located on state issued identification cards to determine the validity 1869 of that particular card. 1870 (6)(a) An applicable licensee may not disclose information obtained under this section 1871 except as provided under this title. 1872 (b) Information obtained under this section is considered a record for any purpose under 1873 Chapter 5, Part 3, Retail Licensee Operational Requirements. 1874 Section 28. Section 34A-5-102 is amended to read: 1875 34A-5-102 (Effective 05/06/26). Definitions -- Unincorporated entities -- Joint 1876 employers -- Franchisors. 1877 (1) As used in this chapter: 1878 (a) "Affiliate" means the same as that term is defined in Section 16-6a-102. 1879 (b) "Apprenticeship" means a program for the training of apprentices including a 1880 program providing the training of those persons defined as apprentices by Section 1881 35A-6-102. 1882 (c) "Bona fide occupational qualification" means a characteristic applying to an 1883 employee that: 1884 (i) is necessary to the operation; or 1885 (ii) is the essence of the employee's employer's business. 1886 (d) "Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial 1887 Administration. 1888 (e) "Director" means the director of the division. 1889 (f) "Disability" means a physical or mental disability as defined and covered by the 1890 Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102. 1891 (g) "Division" means the Division of Antidiscrimination and Labor. 1892 (h) "Employee" means a person applying with or employed by an employer. 1893 (i)(i) "Employer" means: 1894 (A) the state; 1895 (B) a political subdivision; 1896 (C) a board, commission, department, institution, school district, trust, or agent of 1897 the state or a political subdivision of the state; or 1898 (D) a person employing 15 or more employees within the state for each working 1899 day in each of 20 calendar weeks or more in the current or preceding calendar 1900 year. - 56 - 01-07 15:16 H.B. 183 1901 (ii) "Employer" does not include: 1902 (A) a religious organization, a religious corporation sole, a religious association, a 1903 religious society, a religious educational institution, or a religious leader, when 1904 that individual is acting in the capacity of a religious leader; 1905 (B) any corporation or association constituting an affiliate, a wholly owned 1906 subsidiary, or an agency of any religious organization, religious corporation 1907 sole, religious association, or religious society; or 1908 (C) the Boy Scouts of America or its councils, chapters, or subsidiaries. 1909 (j) "Employment agency" means a person: 1910 (i) undertaking to procure employees or opportunities to work for any other person; or 1911 (ii) holding the person out to be equipped to take an action described in Subsection 1912 (1)(j)(i). 1913 (k) "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 1914 105, of the federal government. 1915 (l) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1. 1916 (m) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1. 1917 (n) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1. 1918 [(o) "Gender identity" has the meaning provided in the Diagnostic and Statistical 1919 Manual (DSM-5). A person's gender identity can be shown by providing evidence, 1920 including, but not limited to, medical history, care or treatment of the gender identity, 1921 consistent and uniform assertion of the gender identity, or other evidence that the 1922 gender identity is sincerely held, part of a person's core identity, and not being 1923 asserted for an improper purpose.] 1924 [(p)] (o) "Joint apprenticeship committee" means an association of representatives of a 1925 labor organization and an employer providing, coordinating, or controlling an 1926 apprentice training program. 1927 [(q)] (p) "Labor organization" means an organization that exists for the purpose in whole 1928 or in part of: 1929 (i) collective bargaining; 1930 (ii) dealing with employers concerning grievances, terms or conditions of 1931 employment; or 1932 (iii) other mutual aid or protection in connection with employment. 1933 [(r)] (q) "National origin" means the place of birth, domicile, or residence of an 1934 individual or of an individual's ancestors. - 57 - H.B. 183 01-07 15:16 1935 [(s)] (r) "On-the-job-training" means a program designed to instruct a person who, while 1936 learning the particular job for which the person is receiving instruction: 1937 (i) is also employed at that job; or 1938 (ii) may be employed by the employer conducting the program during the course of 1939 the program, or when the program is completed. 1940 [(t)] (s) "Person" means: 1941 (i) one or more individuals, partnerships, associations, corporations, legal 1942 representatives, trusts or trustees, or receivers; 1943 (ii) the state; and 1944 (iii) a political subdivision of the state. 1945 [(u)] (t) "Pregnancy, childbirth, or pregnancy-related conditions" includes breastfeeding 1946 or medical conditions related to breastfeeding. 1947 [(v)] (u) "Presiding officer" means the same as that term is defined in Section 63G-4-103. 1948 [(w)] (v) "Prohibited employment practice" means a practice specified as discriminatory, 1949 and therefore unlawful, in Section 34A-5-106. 1950 [(x)] (w) "Religious leader" means an individual who is associated with, and is an 1951 authorized representative of, a religious organization or association or a religious 1952 corporation sole, including a member of clergy, a minister, a pastor, a priest, a rabbi, 1953 an imam, or a spiritual advisor. 1954 [(y)] (x) "Retaliate" means the taking of adverse action by an employer, employment 1955 agency, labor organization, apprenticeship program, on-the-job training program, or 1956 vocational school against one of its employees, applicants, or members because the 1957 employee, applicant, or member: 1958 (i) opposes an employment practice prohibited under this chapter; or 1959 (ii) files charges, testifies, assists, or participates in any way in a proceeding, 1960 investigation, or hearing under this chapter. 1961 [(z)] (y) "Sexual orientation" means an individual's actual or perceived orientation as 1962 heterosexual, homosexual, or bisexual. 1963 [(aa)] (z) "Undue hardship" means an action that requires significant difficulty or 1964 expense when considered in relation to factors such as the size of the entity, the 1965 entity's financial resources, and the nature and structure of the entity's operation. 1966 [(bb)] (aa) "Unincorporated entity" means an entity organized or doing business in the 1967 state that is not: 1968 (i) an individual; - 58 - 01-07 15:16 H.B. 183 1969 (ii) a corporation; or 1970 (iii) publicly traded. 1971 [(cc)] (bb) "Vocational school" means a school or institution conducting a course of 1972 instruction, training, or retraining to prepare individuals to follow an occupation or 1973 trade, or to pursue a manual, technical, industrial, business, commercial, office, 1974 personal services, or other nonprofessional occupations. 1975 (2)(a) For purposes of this chapter, an unincorporated entity that is required to be 1976 licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is 1977 presumed to be the employer of each individual who, directly or indirectly, holds an 1978 ownership interest in the unincorporated entity. 1979 (b) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3, 1980 Utah Administrative Rulemaking Act, an unincorporated entity may rebut the 1981 presumption under Subsection (2)(a) for an individual by establishing by clear and 1982 convincing evidence that the individual: 1983 (i) is an active manager of the unincorporated entity; 1984 (ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated 1985 entity; or 1986 (iii) is not subject to supervision or control in the performance of work by: 1987 (A) the unincorporated entity; or 1988 (B) a person with whom the unincorporated entity contracts. 1989 (c) As part of the rules made under Subsection (2)(b), the commission may define: 1990 (i) "active manager"; 1991 (ii) "directly or indirectly holds at least an 8% ownership interest"; and 1992 (iii) "subject to supervision or control in the performance of work." 1993 (3) For purposes of determining whether two or more persons are considered joint 1994 employers under this chapter, an administrative ruling of a federal executive agency may 1995 not be considered a generally applicable law unless that administrative ruling is 1996 determined to be generally applicable by a court of law, or adopted by statute or rule. 1997 (4)(a) For purposes of this chapter, a franchisor is not considered to be an employer of: 1998 (i) a franchisee; or 1999 (ii) a franchisee's employee. 2000 (b) With respect to a specific claim for relief under this chapter made by a franchisee or 2001 a franchisee's employee, this Subsection (4) does not apply to a franchisor under a 2002 franchise that exercises a type or degree of control over the franchisee or the - 59 - H.B. 183 01-07 15:16 2003 franchisee's employee not customarily exercised by a franchisor for the purpose of 2004 protecting the franchisor's trademarks and brand. 2005 (5) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an 2006 action under this chapter in the judicial district in which the asserted unfair employment 2007 practice occurs if the action is brought in the district court. 2008 Section 29. Section 34A-5-104 is amended to read: 2009 34A-5-104 (Effective 05/06/26). Powers. 2010 (1)(a) The commission has jurisdiction over the subject of employment practices and 2011 discrimination made unlawful by this chapter. 2012 (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and 2013 for the enforcement of this chapter. 2014 (2) The division may: 2015 (a) appoint and prescribe the duties of an investigator, other employee, or agent of the 2016 commission that the commission considers necessary for the enforcement of this 2017 chapter; 2018 (b) receive, reject, investigate, and pass upon complaints alleging: 2019 (i) discrimination in: 2020 (A) employment; 2021 (B) an apprenticeship program; 2022 (C) an on-the-job training program; or 2023 (D) a vocational school; or 2024 (ii) the existence of a discriminatory or prohibited employment practice by: 2025 (A) a person; 2026 (B) an employer; 2027 (C) an employment agency; 2028 (D) a labor organization; 2029 (E) an employee or member of an employment agency or labor organization; 2030 (F) a joint apprenticeship committee; and 2031 (G) a vocational school; 2032 (c) investigate and study the existence, character, causes, and extent of discrimination in 2033 employment, apprenticeship programs, on-the-job training programs, and vocational 2034 schools in this state by: 2035 (i) employers; 2036 (ii) employment agencies; - 60 - 01-07 15:16 H.B. 183 2037 (iii) labor organizations; 2038 (iv) joint apprenticeship committees; and 2039 (v) vocational schools; 2040 (d) formulate plans for the elimination of discrimination by educational or other means; 2041 (e) issue publications and reports of investigations and research that: 2042 (i) promote good will among the various racial, religious, and ethnic groups of the 2043 state; and 2044 (ii) minimize or eliminate discrimination in employment because of race, color, sex, 2045 religion, national origin, age, disability, or sexual orientation[, or gender identity]; 2046 (f) prepare and transmit to the governor, at least once each year, reports describing: 2047 (i) division proceedings and investigations; 2048 (ii) decisions the division renders; and 2049 (iii) other work performed by the division; 2050 (g) recommend policies to the governor, and submit recommendation to employers, 2051 employment agencies, and labor organizations to implement those policies; 2052 (h) recommend legislation to the governor that the division considers necessary 2053 concerning discrimination because of: 2054 (i) race; 2055 (ii) sex; 2056 (iii) color; 2057 (iv) national origin; 2058 (v) religion; 2059 (vi) age; 2060 (vii) disability; or 2061 (viii) sexual orientation[; or] ; and 2062 [(ix) gender identity; and] 2063 (i) within the limits of appropriations made for the division's operation, cooperate with 2064 other agencies or organizations, both public and private, in the planning and 2065 conducting of educational programs designed to eliminate discriminatory practices 2066 prohibited under this chapter. 2067 (3) In addition to processing complaints made in accordance with this chapter, the division 2068 shall investigate an alleged discriminatory practice involving an officer or employee of 2069 state government when requested by the Career Service Review Office. 2070 (4)(a) In an investigation held under this chapter, the division may subpoena a person to - 61 - H.B. 183 01-07 15:16 2071 compel the person to: 2072 (i) cooperate and participate in an interview; or 2073 (ii) produce for examination a book, paper, or other information relating to the 2074 matters raised by the complaint. 2075 (b) If a person fails or refuses to obey a subpoena issued by the division, the division 2076 may petition the district court to enforce the subpoena. 2077 (c) If a person asserts a privilege against self-incrimination, testimony and evidence 2078 from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of 2079 Immunity. 2080 Section 30. Section 34A-5-106 is amended to read: 2081 34A-5-106 (Effective 05/06/26). Discriminatory or prohibited employment 2082 practices -- Permitted practices. 2083 (1) It is a discriminatory or prohibited employment practice to take an action described in 2084 Subsections (1)(a) through (g). 2085 (a)(i) An employer may not refuse to hire, promote, discharge, demote, or terminate a 2086 person, or to retaliate against, harass, or discriminate in matters of compensation 2087 or in terms, privileges, and conditions of employment against a person otherwise 2088 qualified, because of: 2089 (A) race; 2090 (B) color; 2091 (C) sex; 2092 (D) pregnancy, childbirth, or pregnancy-related conditions; 2093 (E) age, if the individual is 40 years [of age] old or older; 2094 (F) religion; 2095 (G) national origin; 2096 (H) disability; or 2097 (I) sexual orientation[; or] . 2098 [(J) gender identity.] 2099 (ii) A person may not be considered "otherwise qualified," unless that person 2100 possesses the following required by an employer for any particular job, job 2101 classification, or position: 2102 (A) education; 2103 (B) training; 2104 (C) ability, with or without reasonable accommodation; - 62 - 01-07 15:16 H.B. 183 2105 (D) moral character; 2106 (E) integrity; 2107 (F) disposition to work; 2108 (G) adherence to reasonable rules and regulations; and 2109 (H) other job related qualifications required by an employer. 2110 (iii)(A) As used in this chapter, "to discriminate in matters of compensation" 2111 means the payment of differing wages or salaries to employees having 2112 substantially equal experience, responsibilities, and skill for the particular job. 2113 (B) Notwithstanding Subsection (1)(a)(iii)(A): 2114 (I) nothing in this chapter prevents an increase in pay as a result of longevity 2115 with the employer, if the salary increase is uniformly applied and available 2116 to all employees on a substantially proportional basis; and 2117 (II) nothing in this section prohibits an employer and employee from agreeing 2118 to a rate of pay or work schedule designed to protect the employee from loss 2119 of [Social Security] social security payment or benefits if the employee is 2120 eligible for those payments. 2121 (b) An employment agency may not: 2122 (i) refuse to list and properly classify for employment, or refuse to refer an individual 2123 for employment, in a known available job for which the individual is otherwise 2124 qualified, because of: 2125 (A) race; 2126 (B) color; 2127 (C) sex; 2128 (D) pregnancy, childbirth, or pregnancy-related conditions; 2129 (E) religion; 2130 (F) national origin; 2131 (G) age, if the individual is 40 years[ of age ] old or older; 2132 (H) disability; or 2133 (I) sexual orientation; or 2134 [(J) gender identity; or] 2135 (ii) comply with a request from an employer for referral of an applicant for 2136 employment if the request indicates either directly or indirectly that the employer 2137 discriminates in employment on account of: 2138 (A) race; - 63 - H.B. 183 01-07 15:16 2139 (B) color; 2140 (C) sex; 2141 (D) pregnancy, childbirth, or pregnancy-related conditions; 2142 (E) religion; 2143 (F) national origin; 2144 (G) age, if the individual is 40 [years of age] years old or older; 2145 (H) disability; or 2146 (I) sexual orientation[; or] . 2147 [(J) gender identity.] 2148 (c)(i) A labor organization may not for a reason listed in Subsection (1)(c)(ii): 2149 (A) exclude an individual otherwise qualified from full membership rights in the 2150 labor organization; 2151 (B) expel the individual from membership in the labor organization; or 2152 (C) otherwise discriminate against or harass a member of the labor organization in 2153 full employment of work opportunity, or representation. 2154 (ii) A labor organization may not take an action listed in this Subsection (1)(c) 2155 because of: 2156 (A) race; 2157 (B) sex; 2158 (C) pregnancy, childbirth, or pregnancy-related conditions; 2159 (D) religion; 2160 (E) national origin; 2161 (F) age, if the individual is 40 [years of age] years old or older; 2162 (G) disability; or 2163 (H) sexual orientation[; or] . 2164 [(I) gender identity.] 2165 (d)(i) Unless based upon a bona fide occupational qualification, or required by and 2166 given to an agency of government for a security reason, an employer, employment 2167 agency, or labor organization may not do the following if the statement, 2168 advertisement, publication, form, or inquiry violates Subsection (1)(d)(ii): 2169 (A) print, circulate, or cause to be printed or circulated a statement, advertisement, 2170 or publication; 2171 (B) use a form of application for employment or membership; or 2172 (C) make any inquiry in connection with prospective employment or membership. - 64 - 01-07 15:16 H.B. 183 2173 (ii) This Subsection (1)(d) applies to a statement, advertisement, publication, form, or 2174 inquiry that directly expresses a limitation, specification, or discrimination as to: 2175 (A) race; 2176 (B) color; 2177 (C) religion; 2178 (D) sex; 2179 (E) pregnancy, childbirth, or pregnancy-related conditions; 2180 (F) national origin; 2181 (G) age, if the individual is 40 [years of age] years old or older; 2182 (H) disability; or 2183 (I) sexual orientation[; or] . 2184 [(J) gender identity.] 2185 (e) A person, whether or not an employer, an employment agency, a labor organization, 2186 or an employee or member of an employer, employment agency, or labor 2187 organization, may not: 2188 (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a 2189 discriminatory or prohibited employment practice; 2190 (ii) obstruct or prevent a person from complying with this chapter, or any order 2191 issued under this chapter; or 2192 (iii) attempt, either directly or indirectly, to commit an act prohibited in this section. 2193 (f)(i) An employer, labor organization, joint apprenticeship committee, or vocational 2194 school providing, coordinating, or controlling an apprenticeship program or 2195 providing, coordinating, or controlling an on-the-job-training program, 2196 instruction, training, or retraining program may not: 2197 (A) deny to, or withhold from, any qualified person the right to be admitted to or 2198 participate in an apprenticeship training program, on-the-job-training program, 2199 or other occupational instruction, training, or retraining program because of: 2200 (I) race; 2201 (II) color; 2202 (III) sex; 2203 (IV) pregnancy, childbirth, or pregnancy-related conditions; 2204 (V) religion; 2205 (VI) national origin; 2206 (VII) age, if the individual is 40 [years of age] years old or older; - 65 - H.B. 183 01-07 15:16 2207 (VIII) disability; or 2208 (IX) sexual orientation;[ or] 2209 [(X) gender identity;] 2210 (B) discriminate against or harass a qualified person in that person's pursuit of a 2211 program described in Subsection (1)(f)(i)(A) because of: 2212 (I) race; 2213 (II) color; 2214 (III) sex; 2215 (IV) pregnancy, childbirth, or pregnancy-related conditions; 2216 (V) religion; 2217 (VI) national origin; 2218 (VII) age, if the individual is 40 [years of age] years old or older; 2219 (VIII) disability; or 2220 (IX) sexual orientation;[ or] 2221 [(X) gender identity;] 2222 (C) discriminate against a qualified person in the terms, conditions, or privileges 2223 of a program described in Subsection (1)(f)(i)(A), because of: 2224 (I) race; 2225 (II) color; 2226 (III) sex; 2227 (IV) pregnancy, childbirth, or pregnancy-related conditions; 2228 (V) religion; 2229 (VI) national origin; 2230 (VII) age, if the individual is 40 [years of age] years old or older; 2231 (VIII) disability; or 2232 (IX) sexual orientation; or 2233 [(X) gender identity; or] 2234 (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be 2235 printed or published, a notice or advertisement relating to employment by the 2236 employer, or membership in or a classification or referral for employment by a 2237 labor organization, or relating to a classification or referral for employment by 2238 an employment agency, indicating a preference, limitation, specification, or 2239 discrimination based on: 2240 (I) race; - 66 - 01-07 15:16 H.B. 183 2241 (II) color; 2242 (III) sex; 2243 (IV) pregnancy, childbirth, or pregnancy-related conditions; 2244 (V) religion; 2245 (VI) national origin; 2246 (VII) age, if the individual is 40 [years of age] years old or older; 2247 (VIII) disability; or 2248 (IX) sexual orientation[; or] . 2249 [(X) gender identity.] 2250 (ii) Notwithstanding Subsection (1)(f)(i)(D), if the following is a bona fide 2251 occupational qualification for employment, a notice or advertisement described in 2252 Subsection (1)(f)(i)(D) may indicate a preference, limitation, specification, or 2253 discrimination based on: 2254 (A) race; 2255 (B) color; 2256 (C) religion; 2257 (D) sex; 2258 (E) pregnancy, childbirth, or pregnancy-related conditions; 2259 (F) age; 2260 (G) national origin; 2261 (H) disability; or 2262 (I) sexual orientation[; or] . 2263 [(J) gender identity.] 2264 (g) Subject to Subsection (7), an employer may not: 2265 (i) refuse to provide reasonable accommodations for an employee related to 2266 pregnancy, childbirth, breastfeeding, or related conditions: 2267 (A) if the employee requests a reasonable accommodation; and 2268 (B) unless the employer demonstrates that the accommodation would create an 2269 undue hardship on the operations of the employer; 2270 (ii) require an employee to terminate employment if another reasonable 2271 accommodation can be provided for the employee's pregnancy, childbirth, 2272 breastfeeding, or related conditions unless the employer demonstrates that the 2273 accommodation would create an undue hardship on the operations of the 2274 employer; or - 67 - H.B. 183 01-07 15:16 2275 (iii) deny employment opportunities to an employee, if the denial is based on the 2276 need of the employer to make reasonable accommodations related to the 2277 pregnancy, childbirth, breastfeeding, or related conditions of an employee unless 2278 the employer demonstrates that the accommodation would create an undue 2279 hardship on the operations of the employer. 2280 (2) Subsections (1)(a) through (1)(g) may not be construed to prevent: 2281 (a) the termination of employment of an individual who, with or without reasonable 2282 accommodation, is physically, mentally, or emotionally unable to perform the duties 2283 required by that individual's employment; 2284 (b) the variance of insurance premiums or coverage on account of age; or 2285 (c) a restriction on the activities of a person licensed in accordance with Title 32B, 2286 Alcoholic Beverage Control Act, with respect to an individual who is under 21 [years 2287 of age] years old. 2288 (3)(a) It is not a discriminatory or prohibited employment practice: 2289 (i) for an employer to hire and employ an employee, for an employment agency to 2290 classify or refer for employment an individual, for a labor organization to classify 2291 its membership or to classify or refer for employment an individual, or for an 2292 employer, labor organization, or joint labor-management committee controlling an 2293 apprenticeship or other training or retraining program to admit or employ an 2294 individual in the program on the basis of religion, sex, pregnancy, childbirth, or 2295 pregnancy-related conditions, age, national origin, disability, or sexual orientation[, 2296 or gender identity] in those certain instances when religion, sex, pregnancy, 2297 childbirth, or pregnancy-related conditions, age, if the individual is 40 [years of 2298 age] years old or older, national origin, disability, or sexual orientation[, or gender 2299 identity] is a bona fide occupational qualification reasonably necessary to the 2300 normal operation of that particular business or enterprise; 2301 (ii) for a school, college, university, or other educational institution to hire and 2302 employ an employee of a particular religion if: 2303 (A) the school, college, university, or other educational institution is, in whole or 2304 in substantial part, owned, supported, controlled, or managed by a particular 2305 religious corporation, association, or society; or 2306 (B) the curriculum of the school, college, university, or other educational 2307 institution is directed toward the propagation of a particular religion; or 2308 (iii) for an employer to give preference in employment to: - 68 - 01-07 15:16 H.B. 183 2309 (A) the employer's: 2310 (I) spouse; 2311 (II) child; or 2312 (III) son-in-law or daughter-in-law; 2313 (B) a person for whom the employer is or would be liable to furnish financial 2314 support if the person were unemployed; 2315 (C) a person to whom the employer during the preceding six months furnishes 2316 more than one-half of total financial support regardless of whether or not the 2317 employer was or is legally obligated to furnish support; or 2318 (D) a person whose education or training is substantially financed by the employer 2319 for a period of two years or more. 2320 (b) Nothing in this chapter applies to a business or enterprise on or near an Indian 2321 reservation with respect to a publicly announced employment practice of the business 2322 or enterprise under which preferential treatment is given to an individual because that 2323 individual is a native American Indian living on or near an Indian reservation. 2324 (c) Nothing in this chapter may be interpreted to require an employer, employment 2325 agency, labor organization, vocational school, joint labor-management committee, or 2326 apprenticeship program subject to this chapter to grant preferential treatment to an 2327 individual or to a group because of the race, color, religion, sex, age, national origin, 2328 disability, or sexual orientation[, or gender identity] of the individual or group on 2329 account of an imbalance that may exist with respect to the total number or percentage 2330 of persons of a race, color, religion, sex, age, national origin, disability, or sexual 2331 orientation[, or gender identity] employed by an employer, referred or classified for 2332 employment by an employment agency or labor organization, admitted to 2333 membership or classified by a labor organization, or admitted to or employed in, any 2334 apprenticeship or other training program, in comparison with the total number or 2335 percentage of persons of that race, color, religion, sex, age, national origin, disability, 2336 or sexual orientation[, or gender identity] in any community or county or in the 2337 available work force in any community or county. 2338 (4) It is not a discriminatory or prohibited practice with respect to age to observe the terms 2339 of a bona fide seniority system or any bona fide employment benefit plan such as a 2340 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of 2341 this chapter, except that an employee benefit plan may not excuse the failure to hire an 2342 individual. - 69 - H.B. 183 01-07 15:16 2343 (5) Notwithstanding Subsection (4), or another statute to the contrary, a person may not be 2344 subject to involuntary termination or retirement from employment on the basis of age 2345 alone, if the individual is 40 [years of age] years old or older, except: 2346 (a) under Subsection (6); and 2347 (b) when age is a bona fide occupational qualification. 2348 (6) Nothing in this section prohibits compulsory retirement of an employee who has 2349 attained at least 65 [years of age] years old, and who, for the two-year period 2350 immediately before retirement, is employed in a bona fide executive or a high 2351 policymaking position, if: 2352 (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit 2353 from the employee's employer's pension, profit-sharing, savings, or deferred 2354 compensation plan, or any combination of those plans; and 2355 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000. 2356 (7)(a) For purposes of Subsection (1)(g), an employer may require an employee to 2357 provide a certification from the employee's health care provider concerning the 2358 medical advisability of a reasonable accommodation. 2359 (b) A certification under Subsection (7)(a) shall include: 2360 (i) the date the reasonable accommodation becomes medically advisable; 2361 (ii) the probable duration of the reasonable accommodation; and 2362 (iii) an explanatory statement as to the medical advisability of the reasonable 2363 accommodation. 2364 (c) Notwithstanding Subsections (1)(g) and (7)(a), an employer may not require an 2365 employee to obtain a certification from the employee's health care provider for more 2366 frequent restroom, food, or water breaks. 2367 (d) An employer is not required under Subsection (1)(g) or this Subsection (7) to permit 2368 an employee to have the employee's child at the workplace for purposes of 2369 accommodating pregnancy, childbirth, breastfeeding, or related conditions. 2370 (e) An employer shall include in an employee handbook, or post in a conspicuous place 2371 in the employer's place of business, written notice concerning an employee's rights to 2372 reasonable accommodations for pregnancy, childbirth, breastfeeding, or related 2373 conditions. 2374 Section 31. Section 34A-5-107 is amended to read: 2375 34A-5-107 (Effective 05/06/26). Procedure for aggrieved person to file claim -- 2376 Investigations -- Adjudicative proceedings -- Settlement -- Reconsideration -- - 70 - 01-07 15:16 H.B. 183 2377 Determination. 2378 (1)(a) A person claiming to be aggrieved by a discriminatory or prohibited employment 2379 practice may, or that person's attorney or agent may, make, sign, and file with the 2380 division a request for agency action. 2381 (b) A request for agency action shall be verified under oath or affirmation. 2382 (c) A request for agency action made under this section shall be filed within 180 days 2383 after the alleged discriminatory or prohibited employment practice occurs. 2384 (d) The division may transfer a request for agency action filed with the division pursuant 2385 to this section to the federal Equal Employment Opportunity Commission in 2386 accordance with a work-share agreement that is: 2387 (i) between the division and the federal Equal Employment Opportunity 2388 Commission; and 2389 (ii) in effect on the day on which the request for agency action is transferred. 2390 (2) An employer, labor organization, joint apprenticeship committee, or vocational school 2391 who has an employee or member who refuses or threatens to refuse to comply with this 2392 chapter may file with the division a request for agency action asking the division for 2393 assistance to obtain the employee's or member's compliance by conciliation or other 2394 remedial action. 2395 (3)(a) Before an investigation begins into allegations of discriminatory or prohibited 2396 employment practice, the division shall promptly assign a mediator to offer 2397 mediation services between the parties by conference. 2398 (b)(i) If mediation services are refused or no settlement is reached, the division shall 2399 promptly assign an investigator. 2400 (ii) The investigator shall make a prompt impartial investigation of all allegations 2401 made in the request for agency action. 2402 (c) The division and the division's staff, agents, and employees shall conduct every 2403 investigation in fairness to all parties and agencies involved. 2404 (d) An aggrieved party may withdraw the request for agency action prior to the issuance 2405 of a final order. 2406 (4)(a) If the initial attempts at settlement are unsuccessful, and the investigator uncovers 2407 insufficient evidence during the investigation to support the allegations of a 2408 discriminatory or prohibited employment practice set out in the request for agency 2409 action, the investigator shall formally report these findings to the director or the 2410 director's designee. - 71 - H.B. 183 01-07 15:16 2411 (b)(i) Upon receipt of the investigator's report described in Subsection (4)(a), the 2412 director or the director's designee may issue a determination and order for 2413 dismissal of the adjudicative proceeding. 2414 (ii) A determination and order issued under this Subsection (4)(b) shall include a 2415 notice: 2416 (A) of the right to request an evidentiary hearing under Subsection (4)(c); and 2417 (B) that failure to request an evidentiary hearing under Subsection (4)(c) will 2418 result in the determination and order becoming final, in accordance with 2419 Subsection (4)(d). 2420 (c) A party may make a written request to the Division of Adjudication for an 2421 evidentiary hearing to review de novo the director's or the director's designee's 2422 determination and order within 30 days from the day on which the determination and 2423 order for dismissal is issued. 2424 (d) If the director or the director's designee receives no timely request for a hearing, the 2425 determination and order issued by the director or the director's designee becomes the 2426 final order of the commission. 2427 (5)(a) If the initial attempts at settlement are unsuccessful and the investigator uncovers 2428 sufficient evidence during the investigation to support the allegations of a 2429 discriminatory or prohibited employment practice set out in the request for agency 2430 action, the investigator shall formally report these findings to the director or the 2431 director's designee. 2432 (b)(i) Upon receipt of the investigator's report described in Subsection (5)(a), the 2433 director or the director's designee may issue a determination and order based on 2434 the investigator's report. 2435 (ii) A determination and order issued under this Subsection (5)(b) shall: 2436 (A) direct the respondent to cease any discriminatory or prohibited employment 2437 practice; 2438 (B) provide relief to the aggrieved party as the director or the director's designee 2439 determines is appropriate; 2440 (C) include a notice of the right to request an evidentiary hearing under 2441 Subsection (5)(c); and 2442 (D) include a notice that failure to request an evidentiary hearing under Subsection 2443 (5)(c) will result in the determination and order becoming final, in accordance 2444 with Subsection (5)(d). - 72 - 01-07 15:16 H.B. 183 2445 (c) A party may file a written request to the Division of Adjudication for an evidentiary 2446 hearing to review de novo the director's or the director's designee's determination and 2447 order within 30 days after the day on which the determination and order is issued. 2448 (d) If the director or the director's designee receives no timely request for a hearing, the 2449 determination and order issued by the director or the director's designee in 2450 accordance with Subsection (5)(b) becomes the final order of the commission. 2451 (6) In an adjudicative proceeding to review the director's or the director's designee's 2452 determination that a prohibited employment practice has occurred, the division shall 2453 present the factual and legal basis of the determination and order issued under 2454 Subsection (5). 2455 (7)(a) If, upon reviewing all the evidence at a hearing, the presiding officer finds that a 2456 respondent has not engaged in a discriminatory or prohibited employment practice, 2457 the presiding officer shall issue an order dismissing the request for agency action 2458 containing the allegation of a discriminatory or prohibited employment practice. 2459 (b) The presiding officer may order that the respondent be reimbursed by the 2460 complaining party for the respondent's attorney fees and costs. 2461 (8) If, upon reviewing all the evidence at the hearing, the presiding officer finds that a 2462 respondent has engaged in a discriminatory or prohibited employment practice, the 2463 presiding officer shall issue an order requiring the respondent to: 2464 (a) cease any discriminatory or prohibited employment practice; and 2465 (b) provide relief to the complaining party, including: 2466 (i) reinstatement; 2467 (ii) back pay and benefits; 2468 (iii) attorney fees; and 2469 (iv) costs. 2470 (9) If a discriminatory practice described in Subsection (8) includes discrimination in 2471 matters of compensation, the presiding officer may provide, to the complaining party, in 2472 addition to the amount available to the complaining party under Subsection (8)(b), an 2473 additional amount equal to the amount of back pay available to the complaining party 2474 under Subsection (8)(b)(ii) unless a respondent shows that: 2475 (a) the act or omission that gave rise to the order was in good faith; and 2476 (b) the respondent had reasonable grounds to believe that the act or omission was not 2477 discrimination in matters of compensation under this chapter. 2478 (10) Conciliation between the parties is to be urged and facilitated at all stages of the - 73 - H.B. 183 01-07 15:16 2479 adjudicative process. 2480 (11)(a) Either party may file with the Division of Adjudication a written request for 2481 review before the commissioner or Appeals Board of the order issued by the 2482 presiding officer in accordance with: 2483 (i) Section 63G-4-301; and 2484 (ii) Chapter 1, Part 3, Adjudicative Proceedings. 2485 (b) If there is no timely request for review, the order issued by the presiding officer 2486 becomes the final order of the commission. 2487 (12) An order of the commission under Subsection (11)(a) is subject to judicial review as 2488 provided in: 2489 (a) Section 63G-4-403; and 2490 (b) Chapter 1, Part 3, Adjudicative Proceedings. 2491 (13) The commission may make rules concerning procedures under this chapter in 2492 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 2493 (14) The commission and [its] the commission's staff may not divulge or make public 2494 information gained from an investigation, settlement negotiation, or proceeding before 2495 the commission except as provided in Subsections (14)(a) through (d). 2496 (a) Information used by the director or the director's designee in making a determination 2497 may be provided to all interested parties for the purpose of preparation for and 2498 participation in proceedings before the commission. 2499 (b) General statistical information may be disclosed provided the identities of the 2500 individuals or parties are not disclosed. 2501 (c) Information may be disclosed for inspection by the attorney general or other legal 2502 representatives of the state or the commission. 2503 (d) Information may be disclosed for information and reporting requirements of the 2504 federal government. 2505 (15) The procedures contained in this section are the exclusive remedy under state law for 2506 employment discrimination based upon: 2507 (a) race; 2508 (b) color; 2509 (c) sex; 2510 (d) retaliation; 2511 (e) pregnancy, childbirth, or pregnancy-related conditions; 2512 (f) age; - 74 - 01-07 15:16 H.B. 183 2513 (g) religion; 2514 (h) national origin; 2515 (i) disability; or 2516 (j) sexual orientation[; or] . 2517 [(k) gender identity.] 2518 (16)(a) The commencement of an action under federal law for relief based upon an act 2519 prohibited by this chapter bars the commencement or continuation of an adjudicative 2520 proceeding before the commission in connection with the same claim under this 2521 chapter. 2522 (b) The transfer of a request for agency action to the federal Equal Employment 2523 Opportunity Commission in accordance with Subsection (1)(d) is considered the 2524 commencement of an action under federal law for purposes of Subsection (16)(a). 2525 (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the 2526 exclusive remedy provision set forth in Subsection (15). 2527 Section 32. Section 34A-5-109 is amended to read: 2528 34A-5-109 (Effective 05/06/26). Application to employee dress and grooming 2529 standards. 2530 This chapter may not be interpreted to prohibit an employer from adopting reasonable 2531 dress and grooming standards not prohibited by other provisions of federal or state law[, 2532 provided that the employer's dress and grooming standards afford reasonable accommodations 2533 based on gender identity to all employees]. 2534 Section 33. Section 34A-5-110 is amended to read: 2535 34A-5-110 (Effective 05/06/26). Application to sex-specific facilities. 2536 This chapter may not be interpreted to prohibit an employer from adopting reasonable 2537 rules and policies that designate sex-specific facilities, including restrooms, shower facilities, 2538 and dressing facilities[, provided that the employer's rules and policies adopted under this 2539 section afford reasonable accommodations based on gender identity to all employees]. 2540 Section 34. Section 34A-5-114 is amended to read: 2541 34A-5-114 (Effective 05/06/26). Limitations on enforceability of nondisclosure 2542 and non-disparagement clauses -- Retaliation prohibited. 2543 (1) As used in this section: 2544 (a) "Confidentiality clause" means a nondisclosure clause or a non-disparagement clause. 2545 (b) "Employee" means a current or a former employee. 2546 (c) "Nondisclosure clause" means an agreement between an employee and employer that - 75 - H.B. 183 01-07 15:16 2547 prevents, or has the effect of preventing, an employee from disclosing or discussing: 2548 (i) sexual assault; 2549 (ii) allegations of sexual assault; 2550 (iii) sexual harassment; or 2551 (iv) allegations of sexual harassment. 2552 (d) "Non-disparagement clause" means an agreement between an employee and 2553 employer that prohibits, or has the effect of prohibiting, an employee from making a 2554 negative statement that is: 2555 (i) about the employer; and 2556 (ii) related to: 2557 (A) a claim of sexual assault or sexual harassment; 2558 (B) a sexual assault dispute; or 2559 (C) a sexual harassment dispute. 2560 (e) "Post-employment restrictive covenant" means the same as that term is defined in 2561 Section 34-51-102. 2562 (f) "Proprietary information" means an employer's business plan or customer 2563 information. 2564 (g) "Retaliate" means taking an adverse action against an employee because the 2565 employee made an allegation of sexual harassment or assault, including: 2566 (i) discharge; 2567 (ii) suspension; 2568 (iii) demotion; or 2569 (iv) discrimination in the terms, conditions, or privileges of employment. 2570 (h)(i) "Sexual assault" means: 2571 (A) conduct that would constitute a violation of 18 U.S.C. Secs. 2241 through 2572 2244; or 2573 (B) criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses. 2574 (ii) "Sexual assault" does not include criminal conduct described in: 2575 (A) Section 76-5-417, enticing a minor; 2576 (B) Section 76-5-418, sexual battery; 2577 (C) Section 76-5-419, lewdness; or 2578 (D) Section 76-5-420, lewdness involving a child. 2579 (i) "Sexual assault dispute" means a dispute between an employer and the employer's 2580 employee relating to alleged sexual assault. - 76 - 01-07 15:16 H.B. 183 2581 (j) "Sexual harassment" means harassment on the basis of sex[,] or sexual orientation[, 2582 or gender], as prohibited in: 2583 (i) Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or 2584 (ii) Subsection 34A-5-106(1)(a)(i). 2585 (k) "Sexual harassment dispute" means a dispute between an employer and the 2586 employer's employee relating to alleged sexual harassment. 2587 (2)(a) A confidentiality clause regarding sexual misconduct, as a condition of 2588 employment, is against public policy and is void and unenforceable. 2589 (b) After an employee makes an allegation of sexual harassment or sexual assault, an 2590 employer of any sized business, regardless of Subsection 34-5-102(1)(i)(D): 2591 (i) may not retaliate against the employee because the employee made an allegation 2592 of sexual harassment or assault; or 2593 (ii) may not retaliate based on an employee's refusal to enter into a confidentiality 2594 clause or an employment contract that, as a condition of employment, contains a 2595 confidentiality clause. 2596 (c) An employee may, within three business days after the day on which the employee 2597 agrees to a settlement agreement that includes a confidentiality clause regarding 2598 sexual misconduct, withdraw from the settlement agreement. 2599 (3) An employer who attempts to enforce a confidentiality clause in violation of this section: 2600 (a) is liable for all costs, including reasonable attorney fees, resulting from legal action 2601 to enforce the confidentiality clause; and 2602 (b) is not entitled to monetary damages resulting from a breach of a confidentiality 2603 clause. 2604 (4) This section does not: 2605 (a) prohibit an agreement between an employee who alleges sexual assault or sexual 2606 harassment and an employer from containing a nondisclosure clause, a 2607 non-disparagement clause, or any other clause prohibiting disclosure of: 2608 (i) the amount of a monetary settlement; or 2609 (ii) at the request of the employee, facts that could reasonably lead to the 2610 identification of the employee; 2611 (b) prohibit an employer from requiring an employee to: 2612 (i) sign a post-employment restrictive covenant; or 2613 (ii) agree not to disclose an employer's non-public trade secrets, proprietary 2614 information, or confidential information that does not involve illegal acts; - 77 - H.B. 183 01-07 15:16 2615 (c) authorize an employee to: 2616 (i) disclose data otherwise protected by law or legal privilege; or 2617 (ii) knowingly make statements or disclosures that are false or made with reckless 2618 disregard of the truth; 2619 (d) prohibit an employee from discussing sexual misconduct or allegations of sexual 2620 misconduct in a civil or criminal case when subpoenaed if the sexual misconduct or 2621 allegations of sexual misconduct are against the individual whom the employee 2622 alleged engaged in sexual misconduct; 2623 (e) permit a disclosure that would violate state or federal law; or 2624 (f) limit other grounds that may exist at law or in equity for the unenforceability of a 2625 confidentiality clause. 2626 Section 35. Section 35A-1-207 is amended to read: 2627 35A-1-207 (Effective 05/06/26). State workforce services plan -- Economic 2628 service area plans. 2629 The State Workforce Development Board shall annually maintain and update a state 2630 workforce services plan that includes: 2631 (1) a four-year strategy, as described in 29 U.S.C. Sec. 3112, for the following core 2632 programs: 2633 (a) youth services; 2634 (b) adult employment and training services; 2635 (c) dislocated worker employment and training services; 2636 (d) adult education and literacy activities; 2637 (e) employment services; and 2638 (f) vocational rehabilitation services; 2639 (2) a strategy for aligning and coordinating the core programs; 2640 (3) a strategy for coordinating the workforce needs of job seekers and employers in the 2641 various regions of the state; 2642 (4) planning to ensure that employment centers address the requirements of the special 2643 employment needs population, including: 2644 (a) individuals who have special employment needs based on factors such as race, [ 2645 gender] sex, age, disability, economic status, education, language skills, or work 2646 history; and 2647 (b) an "individual with a barrier to employment" as that term is defined in 29 U.S.C. 2648 Sec. 3102; - 78 - 01-07 15:16 H.B. 183 2649 (5) a mechanism for getting consumer and public feedback on department programs; 2650 (6) projected analysis of the workforce needs of employers and clients; 2651 (7) state outcome-based standards for measuring program performance to ensure equitable 2652 service to all clients; 2653 (8) strategies to ensure program responsiveness, universal access, and unified case 2654 management; 2655 (9) strategies to eliminate unnecessary barriers to access services; and 2656 (10) strategies to provide assistance to employees facing employment dislocation and their 2657 employers. 2658 Section 36. Section 41-1a-411 is amended to read: 2659 41-1a-411 (Effective 05/06/26). Application for personalized plates -- Refusal 2660 authorized. 2661 (1) An applicant for a personalized license plate or renewal of the plate shall file an 2662 application for the plate in the form and by the date the division requires, indicating the 2663 combination of letters, numbers, or both requested as a registration number. 2664 (2)(a) Except as provided in Subsection (3), the division may refuse to issue any 2665 combination of letters, numbers, or both that: 2666 (i) may carry connotations offensive to good taste and decency or that would be 2667 misleading; or 2668 (ii) disparages a group based on: 2669 (A) race; 2670 (B) color; 2671 (C) national origin; 2672 (D) religion; 2673 (E) age; 2674 (F) sex; 2675 [(G) gender identity;] 2676 [(H)] (G) sexual orientation; 2677 [(I)] (H) citizenship status; or 2678 [(J)] (I) physical or mental disability. 2679 (b) The division may refuse to issue a combination of letters, numbers, or both as a 2680 registration number if that same combination is already in use as a registration 2681 number on an existing license plate. 2682 (3)(a) Except as provided in Subsection (2) or (3)(b), the division may not refuse a - 79 - H.B. 183 01-07 15:16 2683 combination of letters, numbers, or both as a registration number if: 2684 (i) the license plate is an honor special group license plate as described in Section 2685 41-1a-421, and the combination of letters, numbers, or both refers to: 2686 (A) a year related to military service; 2687 (B) a military branch; or 2688 (C) an official achievement, badge, or honor received for military service; or 2689 (ii) the combination of letters, numbers, or both as a registration number refers to an 2690 official state symbol described in Section 63G-1-601. 2691 (b) If an applicant requests a combination containing only numbers, the division may 2692 refuse the combination if the combination includes less than four numerical digits. 2693 Section 37. Section 42-2-5 is amended to read: 2694 42-2-5 (Effective 05/06/26). Certificate of assumed and of true name -- Contents 2695 -- Execution -- Filing -- Notice. 2696 (1) For purposes of this section, "filed" means the Division of Corporations and 2697 Commercial Code has: 2698 (a) received and approved, as to form, a document submitted under this chapter; and 2699 (b) marked on the face of the document a stamp or seal indicating: 2700 (i) the time of day and date of approval; 2701 (ii) the name of the division; and 2702 (iii) the division director's signature and division seal, or facsimiles of the signature 2703 or seal. 2704 (2) A person who carries on, conducts, or transacts business in this state under an assumed 2705 name, whether that business is carried on, conducted, or transacted as an individual, 2706 association, partnership, corporation, or otherwise, shall: 2707 (a) file with the Division of Corporations and Commercial Code a certificate setting 2708 forth: 2709 (i) the name under which the business is, or is to be carried on, conducted, or 2710 transacted; 2711 (ii) the full true name, or names, of the person owning, and the person carrying on, 2712 conducting, or transacting the business; and 2713 (iii) the location of the principal place of business, and the street address of the 2714 person; and 2715 (b) designate, in accordance with Subsection 16-17-203(1), and maintain a registered 2716 agent in this state. - 80 - 01-07 15:16 H.B. 183 2717 (3) A certificate filed under this section shall be: 2718 (a) executed by the person owning, and the person carrying on, conducting, or 2719 transacting the business; 2720 (b) filed not later than 30 days after the time of commencing to carry on, conduct, or 2721 transact the business; and 2722 (c) submitted in a machine printed format. 2723 (4) A certificate filed with the Division of Corporations and Commercial Code under this 2724 chapter shall include the following notice in a conspicuous place on the face thereof: 2725 NOTICE - THE FILING OF THIS APPLICATION AND ITS APPROVAL BY THE 2726 DIVISION OF CORPORATIONS AND COMMERCIAL CODE DOES NOT AUTHORIZE 2727 THE USE IN THE STATE OF UTAH OF AN ASSUMED NAME IN VIOLATION OF THE 2728 RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE UTAH 2729 CODE ANN. SECTIONS 42-2-5 ET SEQ.). 2730 (5)(a) A certificate filed under this section shall include a portion that allows the person 2731 filing the form to voluntarily disclose the [gender] sex and race of one or more owners 2732 of the entity for which the filing is made. 2733 (b) Race shall be indicated under Subsection (5)(a) by selecting from the categories of 2734 race listed in 15 U.S.C. Sec. 631(f). 2735 (c) A person is not required to provide information under Subsection (5)(a) concerning 2736 the [gender] sex or race of one or more owners of the entity for which the filing is 2737 made. 2738 (d)(i) The Division of Corporations and Commercial Code shall compile information 2739 concerning the [gender] sex or race included on certificates filed with the Division 2740 of Corporations and Commercial Code. 2741 (ii) Information compiled by the Division of Corporations and Commercial Code 2742 under Subsection (5)(d)(i) may be compiled in a manner determined by the 2743 Division of Corporations and Commercial Code by rules made pursuant to Title 2744 63G, Chapter 3, Utah Administrative Rulemaking Act. 2745 (6) A person who carries on, conducts, or transacts business in this state under an assumed 2746 name, whether that business is carried on, conducted, or transacted as an individual, 2747 association, partnership, corporation, or otherwise, may change its registered agent or 2748 the address of its registered agent by filing with the division a statement of change in 2749 accordance with Section 16-17-206. 2750 Section 38. Section 53-1-108 is amended to read: - 81 - H.B. 183 01-07 15:16 2751 53-1-108 (Effective 05/06/26). Commissioner's powers and duties. 2752 (1) In addition to the responsibilities contained in this title, the commissioner shall: 2753 (a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility 2754 of Motor Vehicle Owners and Operators Act; 2755 (b) appoint deputies, inspectors, examiners, clerical workers, and other employees as 2756 required to properly discharge the duties of the department; 2757 (c) make rules: 2758 (i) governing emergency use of signal lights on private vehicles; and 2759 (ii) allowing privately owned vehicles to be designated for part-time emergency use, 2760 as provided in Section 41-6a-310; 2761 (d) set standards for safety belt systems, as required by Section 41-6a-1803; 2762 (e) serve as the cochair of the Emergency Management Administration Council, as 2763 required by Section 53-2a-105; 2764 (f) designate vehicles as "authorized emergency vehicles," as required by Section 2765 41-6a-102; and 2766 (g) on or before January 1, 2003, adopt a written policy that prohibits the stopping, 2767 detention, or search of any person when the action is solely motivated by 2768 considerations of race, color, ethnicity, age, or [gender] sex. 2769 (2) The commissioner may: 2770 (a) subject to the approval of the governor, establish division headquarters at various 2771 places in the state; 2772 (b) issue to a special agent a certificate of authority to act as a peace officer and revoke 2773 that authority for cause, as authorized in Section 56-1-21.5; 2774 (c) create specialized units within the commissioner's office for conducting internal 2775 affairs and aircraft operations as necessary to protect the public safety; 2776 (d) cooperate with any recognized agency in the education of the public in safety and 2777 crime prevention and participate in public or private partnerships, subject to 2778 Subsection (3); 2779 (e) cooperate in applying for and distributing highway safety program funds; 2780 (f) receive and distribute federal funding to further the objectives of highway safety in 2781 compliance with Title 63J, Chapter 5, Federal Funds Procedures Act; 2782 (g) authorize off-duty personal use of Department of Public Safety emergency vehicles; 2783 and 2784 (h) deny or revoke a public or private school's occupancy permit based on the - 82 - 01-07 15:16 H.B. 183 2785 recommendations of the state security chief as described in Section 53-22-102. 2786 (3)(a) Money may not be expended under Subsection (2)(d) for public safety education 2787 unless it is specifically appropriated by the Legislature for that purpose. 2788 (b) Any recognized agency receiving state money for public safety shall file with the 2789 auditor of the state an itemized statement of all its receipts and expenditures. 2790 Section 39. Section 53-6-210.5 is amended to read: 2791 53-6-210.5 (Effective 05/06/26). Duty to intervene or report officer misconduct. 2792 (1) As used in this section: 2793 (a) "Adverse action" means to discharge, threaten, or discriminate against an employee 2794 in a manner that affects the employee's employment, including compensation, terms, 2795 conditions, location, rights, immunities, promotions, or privileges. 2796 (b) "Law enforcement agency" means an agency that is part of or administered by the 2797 state or any of the state's political subdivisions and whose primary and principal role 2798 is the prevention and detection of crime and the enforcement of criminal statutes or 2799 ordinances of this state or any of the state's political subdivisions. 2800 (c) "Officer" means the same as peace officer as defined in Section 53-13-102. 2801 (d) "Police misconduct" means conduct by an officer in the course of the officer's 2802 official duties that constitutes: 2803 (i) force that is clearly excessive in type or duration, clearly beyond what is 2804 objectively reasonable under the circumstances, or clearly not subject to legal 2805 justification under Title 76, Chapter 2, Part 4, Justification Excluding Criminal 2806 Responsibility; 2807 (ii) a search or seizure without a warrant where it is clear, under the circumstances, 2808 that the search or seizure would not fit within an exception to the warrant 2809 requirement; or 2810 (iii) conduct that an objectively reasonable person would consider biased or 2811 discriminatory conduct against one or more individuals based on race, color, sex, 2812 pregnancy, age, religion, national origin, disability, or sexual orientation[, or 2813 gender identity]. 2814 (e)(i) "Retaliatory action" means any adverse action, formal or informal, taken by a 2815 law enforcement agency or any of the law enforcement agency's employees, or by 2816 any individual with authority to oversee or direct a law enforcement agency, 2817 solely as a result of a law enforcement officer's or law enforcement agency 2818 employee's good faith actions in conformance with this section. - 83 - H.B. 183 01-07 15:16 2819 (ii) "Retaliatory action" does not mean education, training, or administrative 2820 discussion requested or required by a law enforcement agency or any of the law 2821 enforcement agency's employees, or by any individual with authority to oversee or 2822 direct a law enforcement agency, following or in connection with a law 2823 enforcement officer's or law enforcement agency employee's good faith actions 2824 taken in conformance with this section. 2825 (2)(a) Notwithstanding any provisions of law to the contrary, an officer who is present 2826 and knowingly observes another officer engage in police misconduct as described in 2827 Subsection (1)(d)(i) or (ii) shall, if in a position to do so safely and without 2828 unreasonable risk to the safety of the officer or another individual, intervene to 2829 prevent the misconduct from continuing to occur. 2830 (b) An officer who in good faith intervenes to prevent police misconduct from 2831 continuing to occur under Subsection (2)(a) is not liable in any civil or criminal 2832 action that might otherwise result due solely to the intervening officer's actions. 2833 (c) Notwithstanding Subsection (2)(b), an officer is not immune from otherwise lawful 2834 disciplinary action undertaken by the officer's employing agency in connection with 2835 the incident so long as the disciplinary action is not undertaken due solely to the 2836 officer's good faith decision to intervene. 2837 (3)(a)(i) When a law enforcement agency employee is present and knowingly 2838 observes an officer engage in police misconduct as described in Subsection [(1)] (2), 2839 the observing employee shall promptly report the misconduct and, if the observing 2840 employee is an officer, the observing officer's intervention, if any, to the 2841 employee's direct supervisor, the chief executive of the employee's employing law 2842 enforcement agency, or the chief executive's designee for internal affairs. 2843 (ii) Notwithstanding Subsection (3)(a)(i), if the police misconduct to be reported by 2844 the observing employee directly involves the chief executive of the employee's 2845 employing law enforcement agency, or the chief executive's designee for internal 2846 affairs, the observing employee may report the misconduct to: 2847 (A) the city attorney's office, if the observing employee works for a municipal law 2848 enforcement agency; 2849 (B) the county attorney's office, if the observing employee works for a county law 2850 enforcement agency; or 2851 (C) the attorney general, if the observing employee works for a state law 2852 enforcement agency. - 84 - 01-07 15:16 H.B. 183 2853 (b) If the police misconduct reported under Subsection (3)(a) involves an officer from a 2854 law enforcement agency other than the reporting employee's employing agency, the 2855 chief executive of the reporting employee's employing agency shall promptly notify 2856 and communicate the report to the chief executive of the law enforcement agency 2857 whose officer's conduct is the subject of the report. 2858 (c) A law enforcement agency employee who in good faith reports police misconduct 2859 under Subsection (3)(a) is not liable in any civil or criminal action that might 2860 otherwise result due solely to the reporting employee's actions. 2861 (d) Notwithstanding Subsection (3)(c), a law enforcement agency employee is not 2862 immune from otherwise lawful disciplinary action undertaken by the employee's 2863 employing agency in connection with the incident so long as the disciplinary action is 2864 not undertaken due solely to the employee's good faith report of police misconduct. 2865 (e) A law enforcement agency employee's failure to comply with Subsection (3)(a) may 2866 be cause for discipline in accordance with the policies and procedures of the 2867 employee's employing agency. 2868 (4)(a) A law enforcement agency may not take retaliatory action against a law 2869 enforcement agency employee due solely to an employee's good faith action under 2870 Subsection (2)(a) or (3)(a) to prevent or report police misconduct. 2871 (b) Any retaliatory action by a law enforcement employee against another employee 2872 because that employee acted under Subsection (2)(a) or (3)(a) to prevent or report 2873 police misconduct shall be cause for discipline in accordance with the policies and 2874 procedures of the retaliating employee's employing agency. 2875 (c) An employee who complains that retaliatory action has occurred has the burden to 2876 prove that retaliatory action or conduct in violation of this section has occurred. 2877 (5)(a) Not later than July 1, 2022, each law enforcement agency in the state shall adopt 2878 written policies that conform with the minimum standards set forth in this section. 2879 (b) The threshold standards in this section do not preclude a law enforcement agency 2880 from adopting policies or establishing standards higher than the standards contained 2881 in this section. 2882 Section 40. Section 53-6-211 is amended to read: 2883 53-6-211 (Effective 05/06/26). Suspension or revocation of certification -- Right 2884 to a hearing -- Grounds -- Notice to employer -- Reporting -- Judicial appeal. 2885 (1) The council has the authority to issue a Letter of Caution, or suspend or revoke the 2886 certification of a peace officer, if the peace officer: - 85 - H.B. 183 01-07 15:16 2887 (a) willfully falsifies any information to obtain certification; 2888 (b) has any physical or mental disability affecting the peace officer's ability to perform 2889 duties; 2890 (c) engages in, or is convicted of, conduct constituting a state or federal criminal 2891 offense, but not including a traffic offense that is a class C misdemeanor or infraction; 2892 (d) refuses to respond, or fails to respond truthfully, to questions after having been 2893 issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967); 2894 (e) engages in sexual conduct while on duty; 2895 (f) is certified as a law enforcement peace officer, as defined in Section 53-13-102, and 2896 is unable to possess a firearm under state or federal law; 2897 (g) is found by a court or by a law enforcement agency to have knowingly engaged in 2898 conduct that involves dishonesty or deception in violation of a policy of the peace 2899 officer's employer or in violation of a state or federal law; 2900 (h) is found by a court or by a law enforcement agency to have knowingly engaged in 2901 biased or prejudicial conduct against one or more individuals based on the 2902 individual's race, color, sex, pregnancy, age, religion, national origin, disability, or 2903 sexual orientation[, or gender identity]; or 2904 (i) is a chief, sheriff, or administrative officer of a law enforcement agency and fails to 2905 comply with Subsection (6). 2906 (2) The council may not issue a Letter of Caution or suspend or revoke the certification of a 2907 peace officer for a violation of state or federal law or a violation of a law enforcement 2908 agency's policies, general orders, or guidelines of operation that do not amount to a 2909 cause of action under Subsection (1). 2910 (3)(a) The division is responsible for investigating officers who are alleged to have 2911 engaged in conduct in violation of Subsection (1). 2912 (b) The division shall initiate all adjudicative proceedings under this section by 2913 providing to the peace officer involved notice and an opportunity for a hearing before 2914 an administrative law judge. 2915 (c) All adjudicative proceedings under this section are civil actions, notwithstanding 2916 whether the issue in the adjudicative proceeding is a violation of statute that may be 2917 prosecuted criminally. 2918 (d)(i) The burden of proof on the division in an adjudicative proceeding under this 2919 section is by clear and convincing evidence. 2920 (ii) If a peace officer asserts an affirmative defense, the peace officer has the burden - 86 - 01-07 15:16 H.B. 183 2921 of proof to establish the affirmative defense by a preponderance of the evidence. 2922 (e) If the administrative law judge issues findings of fact and conclusions of law stating 2923 there is sufficient evidence to demonstrate that the officer engaged in conduct that is 2924 in violation of Subsection (1), the division shall present the finding and conclusions 2925 issued by the administrative law judge to the council. 2926 (f) The division shall notify the chief, sheriff, or administrative officer of the police 2927 agency which employs the involved peace officer of the investigation and shall 2928 provide any information or comments concerning the peace officer received from that 2929 agency regarding the peace officer to the council before a Letter of Caution is issued, 2930 or a peace officer's certification may be suspended or revoked. 2931 (g) If the administrative law judge finds that there is insufficient evidence to 2932 demonstrate that the officer is in violation of Subsection (1), the administrative law 2933 judge shall dismiss the adjudicative proceeding. 2934 (4)(a) The council shall: 2935 (i) accept the administrative law judge's findings of fact and conclusions of law, and 2936 the information concerning the peace officer provided by the officer's employing 2937 agency; and 2938 (ii) choose whether to issue a Letter of Caution, or suspend or revoke the officer's 2939 certification. 2940 (b) Before making a decision, the council may consider aggravating and mitigating 2941 circumstances. 2942 (c) A member of the council shall recuse him or herself from consideration of an issue 2943 that is before the council if the council member: 2944 (i) has a personal bias for or against the officer; 2945 (ii) has a substantial pecuniary interest in the outcome of the proceeding and may 2946 gain or lose some benefit from the outcome; or 2947 (iii) employs, supervises, or works for the same law enforcement agency as the 2948 officer whose case is before the council. 2949 (5)(a) Termination of a peace officer, whether voluntary or involuntary, does not 2950 preclude suspension or revocation of a peace officer's certification by the council if 2951 the peace officer was terminated for any of the reasons under Subsection (1). 2952 (b) Employment by another agency, or reinstatement of a peace officer by the original 2953 employing agency after termination by that agency, whether the termination was 2954 voluntary or involuntary, does not preclude suspension or revocation of a peace - 87 - H.B. 183 01-07 15:16 2955 officer's certification by the council if the peace officer was terminated for any of the 2956 reasons under Subsection (1). 2957 (6)(a) A chief, sheriff, or administrative officer of a law enforcement agency who is 2958 made aware of an allegation against a peace officer employed by that agency that 2959 involves conduct in violation of Subsections (1)(a) through (h) shall conduct an 2960 administrative or internal investigation into the allegation and report the findings of 2961 the investigation to the division if the allegation is substantiated. 2962 (b) If a peace officer who is the subject of an internal or administrative investigation into 2963 allegations that include any of the conditions or circumstances outlined in 2964 Subsections (1)(a) through (h) resigns, retires, or otherwise separates from the 2965 investigating law enforcement agency before the conclusion of the investigation, the 2966 chief, sheriff, or administrative officer of that law enforcement agency shall complete 2967 the investigation and report the findings to the division. 2968 (7) The council's issuance of a Letter of Caution, or suspension or revocation of an officer's 2969 certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4, 2970 Judicial Review. 2971 Section 41. Section 53-8-104 is amended to read: 2972 53-8-104 (Effective 05/06/26). Superintendent's duties. 2973 The superintendent shall: 2974 (1) divide the state highways into sections for the purpose of patrolling and policing; 2975 (2) employ peace officers known as highway patrol troopers to patrol or police the 2976 highways within this state and to enforce the state statutes as required; 2977 (3) establish ranks, grades, and positions in the Highway Patrol and designate the authority 2978 and responsibility in each rank, grade, and position; 2979 (4) establish for the Highway Patrol standards and qualifications and fix prerequisites of 2980 training, education, and experience for each rank, grade, and position; 2981 (5) appoint personnel to each rank, grade, and position necessary for the efficient operation 2982 and administration of the Highway Patrol; 2983 (6) devise and administer examinations designed to test applicants for positions with the 2984 Highway Patrol; 2985 (7) make rules governing the Highway Patrol as appear to the superintendent advisable; 2986 (8) discharge, demote, or temporarily suspend any employee in the Highway Patrol for 2987 cause; 2988 (9) prescribe the uniforms to be worn and the equipment to be used by employees of the - 88 - 01-07 15:16 H.B. 183 2989 Highway Patrol; 2990 (10) charge against each employee of the Highway Patrol the value of any property of the 2991 state lost or destroyed through the carelessness of the employee; 2992 (11) establish, with the approval of the Division of Finance, the terms and conditions under 2993 which expense allowance should be paid to any employee of the Highway Patrol while 2994 away from his station; 2995 (12) station the Highway Patrol in localities as he finds advisable for the enforcement of the 2996 laws of this state; 2997 (13) conduct in conjunction with the State Board of Education in and through all state 2998 schools an educational campaign in highway safety and work in conjunction with civic 2999 organizations, churches, local units of government, and other organizations that may 3000 function in accomplishing the purposes of reducing highway accidents; 3001 (14) provide the initial mandatory uniform items for each new trooper hired after July 1, 3002 1998; 3003 (15) determine by rule a basic uniform allowance system which includes the manner in 3004 which troopers may receive maintenance services and vouchers for basic uniforms and 3005 administer any funds appropriated by the Legislature to the division for that purpose; and 3006 (16) on or before January 1, 2003, adopt a written policy that prohibits the stopping, 3007 detention, or search of any person when the action is solely motivated by considerations 3008 of race, color, ethnicity, age, or [gender] sex. 3009 Section 42. Section 53-10-406 is amended to read: 3010 53-10-406 (Effective 05/06/26). DNA specimen analysis -- Bureau responsibilities. 3011 (1) The bureau shall: 3012 (a) administer and oversee the DNA specimen collection process; 3013 (b) store each DNA specimen and associated records received; 3014 (c) analyze each specimen, or contract with a qualified public or private laboratory to 3015 analyze the specimen, to establish the genetic profile of the donor or to otherwise 3016 determine the identity of the person; 3017 (d) maintain a criminal identification database containing information derived from 3018 DNA analysis; 3019 (e) ensure that the DNA identification system does not provide information allowing 3020 prediction of genetic disease or predisposition to illness; 3021 (f) ensure that only DNA markers routinely used or accepted in the field of forensic 3022 science are used to establish the [gender] sex and unique individual identification of - 89 - H.B. 183 01-07 15:16 3023 the donor; 3024 (g) utilize only those DNA analysis procedures that are consistent with, and do not 3025 exceed, procedures established and used by the Federal Bureau of Investigation for 3026 the forensic analysis of DNA; 3027 (h) destroy a DNA specimen obtained under this part if criminal charges have not been 3028 filed within 90 days after booking for an alleged offense under Subsection 53-10-403 3029 (2)(c); and 3030 (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative 3031 Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing 3032 DNA specimens and for storing and destroying DNA specimens and associated 3033 records, and criminal identification information obtained from the analysis. 3034 (2) Procedures for DNA analysis may include all techniques which the department 3035 determines are accurate and reliable in establishing identity. 3036 (3)(a) In accordance with Section 63G-2-305, each DNA specimen and associated 3037 record is classified as protected. 3038 (b) The department may not transfer or disclose any DNA specimen, associated record, 3039 or criminal identification information obtained, stored, or maintained under this 3040 section, except under the provisions of this section. 3041 (4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if the 3042 department determines that there is a reasonable likelihood that the inspection would 3043 prejudice a pending criminal investigation. 3044 (5) The department shall adopt procedures governing the inspection of records, DNA 3045 specimens, and challenges to the accuracy of records. The procedures shall 3046 accommodate the need to preserve the materials from contamination and destruction. 3047 (6) A person whose DNA specimen is obtained under this part may, personally or through a 3048 legal representative, submit: 3049 (a) to the court a motion for a court order requiring the destruction of the person's DNA 3050 specimen, associated record, and any criminal identification record created in 3051 connection with that specimen, and removal of the person's DNA record from the 3052 database described in Subsection (1)(d) if: 3053 (i) a final judgment reverses the conviction, judgment, or order that created an 3054 obligation to provide a DNA specimen; or 3055 (ii) all charges arising from the same criminal episode for which the DNA specimen 3056 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final - 90 - 01-07 15:16 H.B. 183 3057 judgment of dismissal with prejudice or acquittal; or 3058 (b) to the department a request for the destruction of the person's DNA specimen, and 3059 associated record, and removal of the person's DNA record from the database 3060 described in Subsection (1)(d) if: 3061 (i) no charge arising from the same criminal episode for which the DNA specimen 3062 was obtained under Subsection 53-10-404.5(1)(a) is filed against the person 3063 within one year after the day on which the person is booked; or 3064 (ii) all charges arising from the same criminal episode for which the DNA specimen 3065 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final 3066 judgment of dismissal with prejudice or acquittal. 3067 (7) If charges have been filed against a person whose DNA specimen is obtained under this 3068 part and the charges have later been resolved by a final judgment of dismissal with 3069 prejudice or acquittal, or a final judgment is issued reversing a conviction, judgment, or 3070 other order arising from the charges that created an obligation to provide a DNA 3071 specimen, the prosecutor who filed the charges against the person shall notify the person 3072 of the process described in Subsection (6) to request destruction of the DNA specimen 3073 and removal of the person's DNA record from the database described in Subsection 3074 (1)(d). 3075 (8) A court order issued under Subsection (6)(a) may be accompanied by a written notice to 3076 the person advising that state law provides for expungement of criminal charges if the 3077 charge is resolved by a final judgment of dismissal or acquittal. 3078 (9) The department shall destroy the person's DNA specimen, and associated record, and 3079 remove the person's DNA record from the database described in Subsection (1)(d), if: 3080 (a) the person provides the department with: 3081 (i) a court order for destruction described in Subsection (6)(a), and a certified copy of: 3082 (A) the court order reversing the conviction, judgment, or order; 3083 (B) a court order to set aside the conviction; or 3084 (C) the dismissal or acquittal of the charge regarding which the person was 3085 arrested; or 3086 (ii) a written request for destruction of the DNA specimen, and associated record, and 3087 removal of the DNA record from the database described in Subsection (6)(b), and 3088 a certified copy of: 3089 (A) a declination to prosecute from the prosecutor; or 3090 (B) a court document that indicates all charges have been resolved by a final - 91 - H.B. 183 01-07 15:16 3091 judgment of dismissal with prejudice or acquittal; and 3092 (b) the department determines that the person is not obligated to submit a DNA 3093 specimen as a result of a separate conviction or adjudication for an offense listed in 3094 Subsection 53-10-403(2). 3095 (10) The department may not destroy a person's DNA specimen or remove a person's DNA 3096 record from the database described in Subsection (1)(d) if the person has a prior 3097 conviction or a pending charge for which collection of a sample is authorized in 3098 accordance with Section 53-10-404. 3099 (11) A DNA specimen, associated record, or criminal identification record created in 3100 connection with that specimen may not be affected by an order to set aside a conviction, 3101 except under the provisions of this section. 3102 (12) If funding is not available for analysis of any of the DNA specimens collected under 3103 this part, the bureau shall store the collected specimens until funding is made available 3104 for analysis through state or federal funds. 3105 (13)(a)(i) A person who, due to the person's employment or authority, has possession 3106 of or access to individually identifiable DNA information contained in the state 3107 criminal identification database or the state DNA specimen repository may not 3108 willfully disclose the information in any manner to any individual, agency, or 3109 entity that is not entitled under this part to receive the information. 3110 (ii) A person may not willfully obtain individually identifiable DNA information 3111 from the state criminal identification database or the state DNA repository other 3112 than as authorized by this part. 3113 (iii) A person may not willfully analyze a DNA specimen for any purpose, or to 3114 obtain any information other than as required under this part. 3115 (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a 3116 DNA specimen when destruction is required by this part or by court order. 3117 (b)(i) A person who violates Subsection (13)(a)(i), (ii), or (iii) is guilty of a third 3118 degree felony. 3119 (ii) A person who violates Subsection (13)(a)(iv) is guilty of a class B misdemeanor. 3120 Section 43. Section 53E-9-205 is amended to read: 3121 53E-9-205 (Effective 05/06/26). Parental right to student information. 3122 (1) As used in this section: 3123 (a) "Education record" means the same as that term is defined in Section 53E-9-204. 3124 (b) "Gender identity" [means the same as that term is defined in Section 34A-5-102] has - 92 - 01-07 15:16 H.B. 183 3125 the meaning provided in the Diagnostic and Statistical Manual (DSM-5). 3126 (c) "Parent" means a parent or legal guardian with legal custody of the child in question. 3127 (d) "Sex" means the biological, physical condition of being male or female, determined 3128 by an individual's genetics and anatomy at birth. 3129 (2) In accordance with Section 53E-2-201, each school and each local governing board 3130 shall ensure that no policy or action of the school or LEA: 3131 (a) except as provided in Subsection 53E-9-203(6), operates to shield a student's 3132 education record from the student's parent; and 3133 (b) interferes with a parent's: 3134 (i) fundamental parental right and primary responsibility to direct the education of the 3135 parent's child; and 3136 (ii) freedom of access to information regarding the parent's child. 3137 (3) Notwithstanding any other provision of law, a school or LEA may not: 3138 (a) prohibit a parent of a child from accessing the child's education record; or 3139 (b) without written parental consent make changes to a student's education record 3140 regarding a student's gender identity that does not conform with the student's sex. 3141 Section 44. Section 53F-4-207 is amended to read: 3142 53F-4-207 (Effective 05/06/26). Student intervention early warning program. 3143 (1) As used in this section: 3144 (a) "Digital program" means a program that provides information for student early 3145 intervention as described in this section. 3146 (b) "Online data reporting tool" means a system described in Section 53E-4-311. 3147 (2)(a) The state board shall, subject to legislative appropriations: 3148 (i) subject to Subsection (2)(c), enhance the online data reporting tool and provide 3149 additional formative actionable data on student outcomes; and 3150 (ii) select through a competitive contract process a provider to provide to an LEA a 3151 digital program as described in this section. 3152 (b) Information collected or used by the state board for purposes of enhancing the online 3153 data reporting tool in accordance with this section may not identify a student 3154 individually. 3155 (c) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah 3156 Administrative Rulemaking Act, to define the primary exceptionalities described in 3157 Subsection (3)(e)(ii). 3158 (3) The enhancement to the online data reporting tool and the digital program shall: - 93 - H.B. 183 01-07 15:16 3159 (a) be designed with a user-appropriate interface for use by teachers, school 3160 administrators, and parents; 3161 (b) provide reports on a student's results at the student level on: 3162 (i) a national assessment; 3163 (ii) a local assessment; and 3164 (iii) a standards assessment described in Section 53E-4-303; 3165 (c) have the ability to provide data from aggregate student reports based on a student's: 3166 (i) teacher; 3167 (ii) school; 3168 (iii) school district, if applicable; or 3169 (iv) ethnicity; 3170 (d) provide a viewer with the ability to view the data described in Subsection [(2)(c)] 3171 (3)(c) on a single computer screen; 3172 (e) have the ability to compare the performance of students, for each teacher, based on a 3173 student's: 3174 (i) [gender] sex; 3175 (ii) special needs, including primary exceptionality as defined by state board rule; 3176 (iii) English proficiency; 3177 (iv) economic status; 3178 (v) migrant status; 3179 (vi) ethnicity; 3180 (vii) response to tiered intervention; 3181 (viii) response to tiered intervention enrollment date; 3182 (ix) absence rate; 3183 (x) feeder school; 3184 (xi) type of school, including primary or secondary, public or private, Title I, or other 3185 general school-type category; 3186 (xii) course failures; and 3187 (xiii) other criteria, as determined by the state board; and 3188 (f) have the ability to load data from a local, national, or other assessment in the data's 3189 original format within a reasonable time. 3190 (4) Subject to legislative appropriations, the online data reporting tool and digital program 3191 shall: 3192 (a) integrate criteria for early warning indicators, including the following criteria: - 94 - 01-07 15:16 H.B. 183 3193 (i) discipline, including school safety violations; 3194 (ii) attendance; 3195 (iii) behavior; 3196 (iv) course failures; and 3197 (v) other criteria as determined by a local school board or charter school governing 3198 board; 3199 (b) provide a teacher or administrator the ability to view the early warning indicators 3200 described in Subsection (4)(a) with a student's assessment results described in 3201 Subsection (3)(b); 3202 (c) provide data on response to intervention using existing assessments or measures that 3203 are manually added, including assessment and nonacademic measures; 3204 (d) provide a user the ability to share interventions within a reporting environment and 3205 add comments to inform other teachers, administrators, and parents; 3206 (e) save and share reports among different teachers and school administrators, subject to 3207 the student population information a teacher or administrator has the rights to access; 3208 (f) automatically flag a student profile when early warning thresholds, that the state 3209 board defines, are met so that a teacher can easily identify a student who may be in 3210 need of intervention; 3211 (g) incorporate a variety of algorithms to support student learning outcomes and provide 3212 student growth reporting by teacher; 3213 (h) integrate response to intervention tiers and activities as filters for the reporting of 3214 individual student data and aggregated data, including by ethnicity, school, or teacher; 3215 (i) have the ability to generate parent communication to alert the parent of plans or 3216 interventions; and 3217 (j) configure alerts based upon student academic results, including a student's 3218 performance on the previous year's standards assessment described in Section 3219 53E-4-303 or results to appropriate behavior interventions. 3220 (5)(a) The state board shall ensure that each LEA receives access to a digital program 3221 through a provider described in Subsection (2)(a)(ii). 3222 (b) An LEA shall: 3223 (i) pay for 50% of the cost of providing access to the digital program to the LEA; and 3224 (ii) no later than one school year after accessing a digital program, report to the state 3225 board in a format required by the state board on: 3226 (A) the effectiveness of the digital program; - 95 - H.B. 183 01-07 15:16 3227 (B) positive and negative attributes of the digital program; 3228 (C) recommendations for improving the online data reporting tool; and 3229 (D) any other information regarding a digital program requested by the state board. 3230 (c) The state board shall consider recommendations from an LEA for changes to the 3231 online data reporting tool. 3232 (6) A person shall provide or use information described in this section in accordance with : 3233 (a) Title 53E, Chapter 9, Student Privacy and Data Protection; 3234 (b) Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and 3235 (c) the parental consent requirements in Section 53E-9-203. 3236 (7)(a) A parent or guardian may opt the parent's or guardian's student into participating 3237 in a survey prepared by an LEA's online data reporting tool described in this section. 3238 (b) An LEA shall provide notice to a parent of: 3239 (i) the administration of a survey described in Subsection (7)(a); 3240 (ii) if applicable, that the survey may request information from students that is non- 3241 academic in nature; 3242 (iii) where the parent may access the survey described in Subsection (7)(a) to be 3243 administered; and 3244 (iv) the opportunity to opt a student out of participating in a survey as described in 3245 Subsection (7)(a). 3246 (c) An LEA shall annually provide notice to parents and guardians on how the LEA 3247 uses student data through the online data reporting tool to provide instruction and 3248 intervention to students. 3249 (8) An LEA may use a different platform from the platform described in Subsection 3250 (2)(a)(ii) if the different platform accomplishes the requirements of this section. 3251 Section 45. Section 53G-5-301 is amended to read: 3252 53G-5-301 (Effective 05/06/26). Charter school authorizer to request 3253 applications for certain types of charter schools. 3254 (1) To meet the unique learning styles and needs of students, a charter school authorizer 3255 shall seek to expand the types of instructional methods and programs offered by schools, 3256 as provided in this section. 3257 (2)(a) A charter school authorizer shall request individuals, groups of individuals, or 3258 nonprofit legal entities to submit an application to a charter school authorizer to 3259 establish a charter school that employs new and creative methods to meet the unique 3260 learning styles and needs of students, such as: - 96 - 01-07 15:16 H.B. 183 3261 (i) a military charter school; 3262 (ii) a charter school that focuses on learning opportunities for students at risk of 3263 academic failure; 3264 (iii) a charter school that focuses on career and technical education; 3265 (iv) a single [gender] sex charter school; 3266 (v) a charter school with an international focus that provides opportunities for the 3267 exchange of students or teachers; 3268 (vi) a charter school that focuses on serving underserved students; or 3269 (vii) an alternative charter school offering programs for nontraditional students. 3270 (b) In addition to a charter school identified in Subsection (2)(a), a charter school 3271 authorizer shall request applications for other types of charter schools that meet the 3272 unique learning styles and needs of students. 3273 (3) A charter school authorizer shall publicize a request for applications to establish a 3274 charter school specified in Subsection (2). 3275 (4) A charter school application submitted pursuant to Subsection (2) shall be subject to the 3276 application and approval procedures in accordance with Section 53G-5-304. 3277 (5) A charter school authorizer and the state board may approve one or more applications 3278 for each charter school described in Subsection (2), subject to the Legislature 3279 appropriating funds for, or authorizing, an increase in charter school enrollment capacity 3280 as described in Section 53G-6-504. 3281 (6) The state board shall submit a request to the Legislature to appropriate funds for, or 3282 authorize, the enrollment of students in charter schools tentatively approved under this 3283 section. 3284 Section 46. Section 53G-6-902 is amended to read: 3285 53G-6-902 (Effective 05/06/26). Participation in school athletic activities. 3286 (1) Notwithstanding any state board rule: 3287 (a) a public school or LEA, or a private school that competes against a public school or 3288 LEA, shall expressly designate school athletic activities and teams as one of the 3289 following, based on sex: 3290 (i) designated for students of the male sex; 3291 (ii) designated for students of the female sex; or 3292 (iii) "coed" or "mixed"; 3293 (b) a student of the male sex may not compete, and a public school or LEA may not 3294 allow a student of the male sex to compete, with a team designated for students of the - 97 - H.B. 183 01-07 15:16 3295 female sex in an interscholastic athletic activity; and 3296 (c) a government entity or licensing or accrediting organization may not entertain a 3297 complaint, open an investigation, or take any other adverse action against a school or 3298 LEA described in Subsection (1)(a) for maintaining separate school athletic activities 3299 for students of the female sex. 3300 (2) Nothing in this section prohibits an LEA or school from allowing a student of either [ 3301 gender] sex from participating with a team designated for students of the female sex, 3302 consistent with school policy, outside of competition in an interscholastic athletic 3303 activity, in accordance with Subsection (1)(b). 3304 Section 47. Section 53G-6-1001 is amended to read: 3305 53G-6-1001 (Effective 05/06/26). Definitions. 3306 As used in this part: 3307 (1) "Athletic association" means an association, as that term is defined in Section 3308 53G-7-1101. 3309 (2) "Birth certificate" means an official record of an individual's date of birth, place of birth, 3310 sex, and parentage, including a supplementary certificate of birth or birth certificate 3311 amendment and amendment history as provided in [Sections] Section 26B-8-110[ and 3312 26B-8-111]. 3313 (3) "Commission" means the School Activity Eligibility Commission created in Section 3314 53G-6-1003. 3315 (4) "Does not correspond with the sex designation" means that a student's sex designation 3316 for an interscholastic activity in which a student seeks participation does not correspond 3317 with the sex designation on the student's birth certificate or an amendment, including the 3318 amendment history, to the student's birth certificate that the Division of Vital Records 3319 and Statistics provides. 3320 (5) "Female-designated" means that an interscholastic activity is designated specifically for 3321 female students. 3322 [(6) "Gender-designated" means that an interscholastic activity or facility is designated 3323 specifically for female or male students.] 3324 [(7)] (6) "Gender identity" means the same as that term is defined in Section [34A-5-102] 3325 53E-9-205. 3326 [(8)] (7) "Interscholastic activity" means an activity in which a student represents the 3327 student's school in the activity in competition against another school. 3328 [(9)] (8) "Male-designated" means that an interscholastic activity is designated specifically - 98 - 01-07 15:16 H.B. 183 3329 for male students. 3330 (9) "Sex-designated" means that an interscholastic activity or facility is designated 3331 specifically for female or male students. 3332 (10) "Student" means a student who is enrolled in a public school that participates in 3333 interscholastic activities. 3334 (11) "Unamended birth certificate" means a birth certificate: 3335 (a) with no amendment history; or 3336 (b) with an amendment history that: 3337 (i) does not include [gender-related ] sex-related amendments; or 3338 (ii) includes [gender-related ] sex-related amendments that only: 3339 (A) correct an error or omission resulting from a scrivener's error under 3340 Subsection 26B-8-107(2); or 3341 (B) correct a misidentification of birth sex for an intersex individual under 3342 Subsection 26B-8-107(2). 3343 Section 48. Section 53G-6-1003 is amended to read: 3344 53G-6-1003 (Effective 05/06/26). School Activity Eligibility Commission -- 3345 Baseline range. 3346 (1) There is created the School Activity Eligibility Commission. 3347 (2)(a) The commission shall consist of the following members: 3348 (i) the following two members whom the president of the Senate appoints: 3349 (A) a mental health professional; and 3350 (B) a statistician with expertise in the analysis of medical data; 3351 (ii) the following two members whom the speaker of the House of Representatives 3352 appoints: 3353 (A) a physician with expertise in gender identity healthcare, including an 3354 endocrinologist, a family medicine physician, or a pediatrician; and 3355 (B) a sports physiologist, an exercise physiologist, a sports medicine physician, a 3356 pediatrician with experience in youth sports, or an orthopedist or orthopedic 3357 surgeon; 3358 (iii) the following two members whom the governor appoints: 3359 (A) a representative of an athletic association; and 3360 (B) an athletic trainer who serves student athletes on the collegiate level; and 3361 (iv) one ad hoc member, serving on a case-by-case basis, who is: 3362 (A) appointed by the athletic association in which the relevant student's school - 99 - H.B. 183 01-07 15:16 3363 competes; and 3364 (B) a certified high school coach or official who coaches or officiates in a separate 3365 region or classification from the relevant student's school and in the sport in 3366 which the relevant student seeks eligibility. 3367 (b) An athletic association may prepare and communicate the association's sport-specific 3368 appointments described in Subsection (2)(a)(iv) in preparation for student requests in 3369 a given sport. 3370 (3)(a) A member of the commission described in Subsections (2)(a)(i) through (iii) shall 3371 serve an initial term of one year, subject to reappointment for subsequent terms of 3372 two years. 3373 (b) If a vacancy occurs in the membership of the commission, the individual responsible 3374 for the appointment of the vacant seat as described in Subsection (2) shall fill the 3375 vacancy in the same manner as the original appointment. 3376 (4)(a)(i) Except as provided in Subsection (4)(a)(ii): 3377 (A) all members of the commission constitute a quorum of the commission for a 3378 meeting to determine the eligibility of a student; and 3379 (B) all members of the commission described in Subsections (2)(a)(i) through (iii) 3380 constitute a quorum for any meeting other than the meeting described in 3381 Subsection (4)(a)(i). 3382 (ii) The commission satisfies the quorum requirements described in Subsection 3383 (4)(a)(i) if no more than one of the commission positions described in Subsections 3384 (2)(a)(i) through (iii) is vacant. 3385 (b) An action of a majority of a quorum constitutes an action of the commission. 3386 (5) A majority of the commission members described in Subsections (2)(a)(i) through (iii) 3387 shall elect a chair from among the members described in Subsections (2)(a)(i) through 3388 (iii) to: 3389 (a) schedule meetings of the commission; 3390 (b) set the agenda of commission meetings; and 3391 (c) facilitate discussion among the commission's members. 3392 (6) A commission member: 3393 (a) may not receive compensation or benefits for the member's service on the 3394 commission; and 3395 (b) may receive per diem and reimbursement for travel expenses that the commission 3396 member incurs as a commission member at the rates that the Division of Finance - 100 - 01-07 15:16 H.B. 183 3397 establishes under: 3398 (i) Sections 63A-3-106 and 63A-3-107; and 3399 (ii) rules that the Division of Finance makes under Sections 63A-3-106 and 3400 63A-3-107. 3401 (7) The Department of Government Operations shall provide administrative staff support to 3402 the commission. 3403 (8)(a) The commission shall, to the extent possible based on the available evidence, 3404 establish a baseline range of physical characteristics for students participating in a 3405 specific [gender-designated] sex-designated activity at a specific age to provide the 3406 context for the evaluation of an individual student's eligibility for a given [ 3407 gender-designated] sex-designated interscholastic activity under Section 53G-6-1004. 3408 (b) In creating the baseline ranges described in Subsection (8)(a), the commission shall 3409 include the physical characteristics for the age and [gender] sex group in a given [ 3410 gender-designated] sex-designated interscholastic activity that are relevant to the 3411 specific interscholastic activity. 3412 (c) The physical characteristics described in Subsection (8)(b) may include height, 3413 weight, physical characteristics relevant to the application of the standard described 3414 in Subsection 53G-6-1004(3), or the extent of physical characteristics affected by 3415 puberty, giving consideration to the practicability of considering the physical 3416 characteristic when making an assessment of an individual student's eligibility under 3417 Section 53G-6-1004. 3418 (9) The following records that relate to the application or analysis of or determination under 3419 this part regarding the eligibility of a specific student shall be classified as a protected 3420 record under Title 63G, Chapter 2, Government Records Access and Management Act: 3421 (a) any record of the commission, including any communication between an athletic 3422 association and the commission; and 3423 (b) any record that a school or LEA possesses. 3424 (10) Members of the commission are immune from suit with respect to all acts done and 3425 actions taken in good faith in carrying out the purposes of this part. 3426 (11) The commission has no authority in relation to eligibility questions other than 3427 participation in a [gender-designated] sex-designated interscholastic activity under this 3428 part. 3429 Section 49. Section 53G-6-1004 is amended to read: 3430 53G-6-1004 (Effective 05/06/26). Eligibility for interscholastic activities. - 101 - H.B. 183 01-07 15:16 3431 (1)(a) Notwithstanding any state board rule or policy of an athletic association, and 3432 except as provided in Subsections (1)(b) and (c): 3433 (i) once a student has obtained the eligibility approval of the commission under 3434 Subsection (2), unless otherwise prohibited by federal law or a policy of an LEA, 3435 school, or athletic association that governs the relevant interscholastic athletic 3436 activity, the student is eligible under this part to participate in a [gender-designated] 3437 sex-designated interscholastic activity that does not correspond with the sex 3438 designation on the student's unamended birth certificate for the given school year; 3439 and 3440 (ii) if a student does not obtain the eligibility approval of the commission under 3441 Subsection (2), the student may not participate in a [gender-designated] 3442 sex-designated interscholastic activity that does not correspond with the sex 3443 designation on the student's unamended birth certificate. 3444 (b) A student may only participate in a [gender-designated] sex-designated 3445 interscholastic activity that does not correspond with the student's sex, as defined in 3446 Section 68-3-12.5, if the student obtains the eligibility approval of the commission 3447 under Subsection (2). 3448 (c) Nothing in this part prohibits a student from participating in a [gender-designated] 3449 sex-designated interscholastic activity in accordance with 34 C.F.R. Sec. 106.41(b). 3450 (2)(a) When a student registers with an athletic association to participate in a [ 3451 gender-designated] sex-designated interscholastic activity: 3452 (i) a student who has undergone or is undergoing a [gender] sex transition shall notify 3453 the athletic association of the student's transition and the need for the 3454 commission's eligibility approval as described in Subsection (1)(b); 3455 (ii) the athletic association shall notify the commission of: 3456 (A) a student for whom an eligibility determination of the commission is required 3457 due to the sex designation on the student's unamended birth certificate not 3458 corresponding with the [gender] sex designation of the [gender-designated] 3459 sex-designated interscholastic activity in which the student seeks to participate 3460 or the student's notice of a [gender] sex transition under Subsection (1)(b); and 3461 (B) the association's ad hoc appointment to the commission described in 3462 Subsection 53G-6-1003(2)(a)(iv); and 3463 (iii) the athletic association shall notify the student described in this Subsection (2)(a) 3464 regarding the process for determining the student's eligibility for the activity under - 102 - 01-07 15:16 H.B. 183 3465 this section. 3466 (b) The commission shall: 3467 (i)(A) schedule at least three non-public meetings throughout the school year to 3468 consider any student eligibility notifications described in Subsection (2)(a) the 3469 commission has received at least 14 days before the date of each meeting; and 3470 (B) give notice of each scheduled meeting and the associated 14-day deadline to 3471 the relevant athletic association; and 3472 (ii)(A) if the commission receives a notification described in Subsection (2)(a) 3473 after the 14-day deadline described in Subsection (2)(b)(i), schedule an ad hoc 3474 non-public meeting to consider the given student's eligibility, occurring within 3475 60 days after the day on which the commission receives the notification; and 3476 (B) give notice of the ad hoc meeting to the relevant athletic association and the 3477 parents of each student seeking an eligibility determination. 3478 (c) Before the meeting described in Subsection (2)(b): 3479 (i) the student for whom the commission has scheduled the meeting or the student's 3480 parent or guardian is not required but may submit to the commission any 3481 information the student wishes to disclose to the commission that may be relevant 3482 to the commission's eligibility determination, including information regarding: 3483 (A) the [gender-designated] sex-designated interscholastic activities for which the 3484 student seeks eligibility; 3485 (B) the [gender-designated] sex-designated interscholastic activities in which the 3486 student has previously participated; and 3487 (C) the student's physical characteristics or medical treatments that support the 3488 student's eligibility for the specific [gender-designated] sex-designated 3489 interscholastic activity; 3490 (ii) the commission may request additional evidence from the student that is: 3491 (A) limited to the extent possible to protect the student's privacy; and 3492 (B) only directly relevant to the commission's eligibility determination; and 3493 (iii) the commission may offer the student a voucher to cover the cost of a diagnostic 3494 assessment if the commission makes a request for medical information under 3495 Subsection (2)(c)(ii) for which the student's insurance does not provide coverage 3496 or reimbursement for the diagnostic that: 3497 (A) would provide the requested information; and 3498 (B) is not free or otherwise readily available to the student. - 103 - H.B. 183 01-07 15:16 3499 (d) During the meeting described in Subsection (2)(b): 3500 (i) only the following individuals may be present or participate electronically: 3501 (A) the student for whom the commission is meeting to make an eligibility 3502 determination; 3503 (B) the student's parents or guardians; 3504 (C) the members and necessary staff of the commission; and 3505 (D) any medical professionals or other witnesses the student chooses to include to 3506 support the student's eligibility; 3507 (ii) attendees may participate in person or electronically; and 3508 (iii) the commission shall: 3509 (A) hear the information that supports the student's eligibility; 3510 (B) deliberate the facts relevant to the student's physical characteristics and 3511 eligibility in camera or otherwise after temporarily excusing from the meeting 3512 the student, the student's parents or legal guardians, and any medical 3513 professionals or other witnesses whom the student includes; and 3514 (C) render the commission's eligibility determination in accordance with 3515 Subsection (3) or request additional information and schedule an additional 3516 commission meeting to be held within 30 days of the meeting and in 3517 accordance with this Subsection (2)(d) to discuss the additional information 3518 and render the commission's eligibility determination. 3519 (e) The commission may not address the commission's application or analysis of or 3520 determination under this part regarding the eligibility of a specific student in a public 3521 meeting or public communication. 3522 (3)(a) In making an eligibility determination, the commission, after considering whether 3523 the student's assertion of a gender identity is consistent with the statutory definition 3524 of gender identity[ as that term is defined in Section 34A-5-102], including the 3525 implications for the student's mental health of participating in the [gender-designated] 3526 sex-designated interscholastic activity, shall: 3527 (i) make a determination based on a preponderance of the evidence regarding 3528 whether, when measured against the relevant baseline range described in 3529 Subsection 53G-6-1003(8), granting the student's eligibility would: 3530 (A) present a substantial safety risk to the student or others that is significantly 3531 greater than the inherent risks of the given activity; or 3532 (B) likely give the student a material competitive advantage, as the commission - 104 - 01-07 15:16 H.B. 183 3533 defines, when compared to students of the same age competing in the relevant [ 3534 gender-designated] sex-designated activity, including consideration of the 3535 student's previous history of participation in [gender-designated] sex-designated 3536 interscholastic activities; and 3537 (ii) record the commission's decision and rationale in writing and provide the written 3538 decision to the athletic association within 30 days after the day on which the 3539 commission renders an eligibility decision under this Subsection (3)(a) in a 3540 meeting described in Subsection (2)(b). 3541 (b) Upon receipt of the commission's determination and rationale under Subsection (3)(a), 3542 the athletic association shall notify the student and the relevant school or LEA of the 3543 commission's determination and rationale. 3544 (c) A school or LEA shall comply with the commission's determination under this 3545 Subsection (3). 3546 (d) An eligibility determination of the commission only applies for the relevant school 3547 year. 3548 (4)(a) Notwithstanding any other provision of law and except as provided in Subsections 3549 (3)(b) and (4)(b), the commission may not disclose: 3550 (i) the name of a student whose eligibility the commission will consider, is 3551 considering, or has considered; or 3552 (ii) the commission's determination regarding a student's eligibility. 3553 (b) The commission shall disclose the commission's determination of a student's 3554 eligibility for a given [gender-designated] sex-designated interscholastic activity to 3555 the relevant athletic association, only for the purpose of confirming whether the 3556 student is eligible for the interscholastic activity. 3557 (c)(i) Notwithstanding any other provision of law, an athletic association may not 3558 disclose the information described in Subsections (4)(a)(i) and (ii). 3559 (ii) Nothing in this Subsection (4) prohibits an athletic association from affirming 3560 that a student is eligible if the eligibility of a student is questioned. 3561 Section 50. Section 53G-6-1101 is amended to read: 3562 53G-6-1101 (Effective 05/06/26). Report -- Action plan. 3563 (1) As used in this section: 3564 [(a) "Gender-designated interscholastic sport" means a sport that is specifically 3565 designated for female or male students.] 3566 [(b)] (a) "Interscholastic sport" means an activity in which a student represents the - 105 - H.B. 183 01-07 15:16 3567 student's school in the sport in competition against another school. 3568 [(c)] (b) "School" means a public school that sponsors or offers an interscholastic sport in 3569 which students enrolled at the school may participate. 3570 (c) "Sex-designated interscholastic sport" means a sport that is specifically designated 3571 for female or male students. 3572 (d) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 3573 1681 et seq. 3574 (2) Before the beginning of each academic year, the athletic director or another 3575 administrator of each school shall report to the school's local governing board regarding: 3576 (a) the number and type of interscholastic sports available at the school, categorized by [ 3577 gender] sex designation; 3578 (b) the number of students competing in a [gender-designated] sex-designated 3579 interscholastic sport at the school, categorized by [gender] sex; 3580 (c) the amount of spending that the school devotes to each [gender-designated] 3581 sex-designated sport, reported in total amount and on a per-student basis; 3582 (d) a comparison and evaluation of designated practice and game locations in [ 3583 gender-designated] sex-designated interscholastic sports; 3584 (e) any information regarding the school's efforts in compliance with Title 63G, Chapter 3585 31, Part 2, Distinctions on the Basis of Sex, and Title IX; and 3586 (f) if there is a discrepancy between male-designated and female-designated sports of 3587 10% or greater, an action plan that the school develops to address the discrepancy. 3588 (3) An LEA governing board that receives the report described in Subsection (2) shall 3589 review the report in a public board meeting. 3590 Section 51. Section 53G-8-301 is amended to read: 3591 53G-8-301 (Effective 05/06/26). Emergency safety interventions -- Appropriate 3592 uses -- Penalties. 3593 (1) As used in this section: 3594 (a) "Corporal punishment" means the intentional infliction of physical pain upon the 3595 body of a student as a disciplinary measure. 3596 (b) "Emergency safety intervention" means the use of seclusion or physical restraint 3597 when a student presents an immediate danger to self or others. 3598 (c) "Physical escort" means a temporary touching or holding of the hand, wrist, arm, 3599 shoulder, or back for the purpose of guiding a student to another location. 3600 (d) "Physical restraint" means a personal restriction that immobilizes or significantly - 106 - 01-07 15:16 H.B. 183 3601 reduces the ability of a student to move the student's arms, legs, body, or head freely. 3602 (e) "School" means a public or private elementary school, secondary school, or 3603 preschool. 3604 (f) "Seclusion" means seclusionary time out that is the involuntary confinement of a 3605 student alone in a room or area from which the student is physically prevented from 3606 leaving, including: 3607 (i) placing a student in a locked room; or 3608 (ii) placing a student in a room where the door is blocked by furniture or held closed 3609 by staff. 3610 (g) "Student" means an individual who is: 3611 (i) under [the age of ]19 years old and receiving educational services; or 3612 (ii) under [the age of ]23 years old and receiving educational services as an individual 3613 with a disability. 3614 (2)(a) A school employee shall first use the least restrictive intervention available to the 3615 school employee, including a physical escort, to address circumstances described in 3616 Subsection (4). 3617 (b) Nothing in this section prohibits a school employee from subsequently using less 3618 restrictive interventions to address circumstances described in Subsection (4). 3619 (3)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 3620 the state board shall make rules to: 3621 (i) establish guidelines and best practices that consider individual student needs 3622 related to emergency safety interventions described in Subsection (10)(b); 3623 (ii) establish intervention reporting requirements; 3624 (iii) create school staff training standards that may be included in an existing training; 3625 (iv) develop parental notification procedures; 3626 (v) implement data collection and review processes; 3627 (vi) establish investigation protocols; and 3628 (vii) establish data collection and reporting requirements for an LEA regarding: 3629 (A) incidents of seclusion; 3630 (B) alternative interventions used; 3631 (C) student demographic information, including sex,[ gender,] age, grade in 3632 school, and applicable disability status; and 3633 (D) incident outcomes. 3634 (b) The state board shall include the information described in Subsection (3)(a) in the - 107 - H.B. 183 01-07 15:16 3635 State Superintendent's Annual Report described in Section 53E-1-203. 3636 (4) A school employee may use reasonable and necessary physical restraint only: 3637 (a) in self defense; 3638 (b) to obtain possession of a weapon or other dangerous object in the possession or 3639 under the control of a student; 3640 (c) to protect a student or another individual from physical injury; 3641 (d) to remove from a situation a student who is violent; or 3642 (e) to protect property from being damaged, when physical safety is at risk. 3643 (5)(a) A school employee may not inflict or cause the infliction of corporal punishment 3644 upon a student. 3645 (b) The reporting and investigation requirements of Title 80, Chapter 2, Part 6, Child 3646 Abuse and Neglect Reports, apply to complaints on corporal punishment. 3647 (c) Evidence of corporal punishment that would qualify as reasonable discipline under 3648 Section 76-2-401 is insufficient to establish liability in a civil or criminal action. 3649 (d) Subject to the Rules of Evidence, evidence of corporal punishment that exceeds 3650 reasonable discipline under Section 76-2-401 may be used by a court to establish 3651 civil or criminal liability. 3652 (6) School authorities shall take prompt and appropriate action, including in-service 3653 training and other administrative action, upon confirming a violation of this section. 3654 (7) The Division of Child and Family Services shall maintain all violation reports made in 3655 accordance with this section under the confidentiality requirements of Section 80-2-1005. 3656 (8) A school or individual who makes a good faith report or cooperates in an investigation 3657 shall receive immunity from civil or criminal liability. 3658 (9) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, may 3659 take appropriate action against any employing entity if the court finds that the 3660 employing entity has not taken reasonable steps to enforce the provisions of this part. 3661 (10) A school: 3662 (a) may not: 3663 (i) enforce any rule, policy, or directive that permits acts prohibited by this section; 3664 (ii) sanction an employee who refuses to commit a prohibited act; or 3665 (iii) except as provided in Subsection (10)(b), use seclusion: 3666 (A) as an intervention or disciplinary practice; 3667 (B) for coercion, retaliation, or humiliation; or 3668 (C) due to inadequate staffing or for the staff member's convenience; - 108 - 01-07 15:16 H.B. 183 3669 (b) for a student in grade 1 or higher, may use seclusion as an emergency safety 3670 intervention only when: 3671 (i) the LEA has developed and implemented written policies and procedures that: 3672 (A) describe the circumstances under which a staff member may use seclusion; 3673 (B) describe which staff members are authorized to use seclusion; 3674 (C) describe procedures for monitoring a student that is in seclusion; 3675 (D) describe time limitations on the use of seclusion; 3676 (E) require immediate and continuous review of the decision to use seclusion; 3677 (F) require documenting the use of seclusion; 3678 (G) describe record keeping requirements for records related to the use of 3679 seclusion; and 3680 (H) require debriefing of all witnesses, involved staff members, the student who 3681 was secluded, and the parent of the student who was secluded; 3682 (ii) a student poses an immediate and significant threat to the student or others; 3683 (iii) less restrictive interventions have failed; 3684 (iv) a staff member who is familiar to the student is actively supervising the student 3685 for the duration of the seclusion; and 3686 (v) the use is time-limited to a maximum time of 30 minutes and monitored; 3687 (c) if seclusion was used, shall document the reason for its use, duration, and any 3688 alternative strategies attempted; and 3689 (d) shall notify parents immediately, and not to exceed 15 minutes after the use, of any 3690 emergency safety intervention used on the parent's child, including seclusion or 3691 physical restraint. 3692 (11) An LEA shall collect and report data to the state board annually regarding: 3693 (a) an incident; and 3694 (b) for each incident, the: 3695 (i) duration of an intervention used to respond to the incident; 3696 (ii) stated purpose for any intervention used; 3697 (iii) alternative interventions attempted; 3698 (iv) student demographic information, including sex,[ gender,] age, grade in school, 3699 and applicable disability status; and 3700 (v) relevant training offered to staff and if the staff involved received the relevant 3701 training without revealing the identity of the staff member. 3702 (12) This section does not apply to: - 109 - H.B. 183 01-07 15:16 3703 (a) a law enforcement officer as defined in Section 53-13-103; 3704 (b) a parochial or private school that: 3705 (i) does not receive state funds; 3706 (ii) adopts a policy of exemption from this section; and 3707 (iii) notifies the parents of students in the school of the exemption; or 3708 (c) behavior support intervention which is in compliance with: 3709 (i) Section 76-2-401; and 3710 (ii) state and local rules adopted under Section 53E-7-204. 3711 (13) Any violations of this section, including violations of any standards for seclusion or 3712 physical restraint established by the state board pursuant to this section, shall: 3713 (a) constitute an act of unlawful detention and is subject to the penalty described in 3714 Section 76-5-304; and 3715 (b) result in a referral to: 3716 (i) local law enforcement; and 3717 (ii) the Utah Professional Practices Advisory Commission established in Section 3718 53E-6-501. 3719 Section 52. Section 53G-11-210 is enacted to read: 3720 53G-11-210 (Effective 05/06/26). Employment practice prohibition. 3721 (1) As used in this section, "prolonged contact" means the same as that term is defined in 3722 Section 26B-2-710. 3723 (2) An LEA may not assign an employee, who presents as a sex that is different from the 3724 employee's biological sex while actively working for the LEA, duties that allow 3725 face-to-face and prolonged contact with a child. 3726 Section 53. Section 57-3-107 is amended to read: 3727 57-3-107 (Effective 05/06/26). Unenforceable covenants -- Definition -- Inclusion 3728 in recorded document. 3729 (1) As used in this chapter, "unenforceable covenant" means a restriction on alienation of 3730 real property, whether recited in a document to be recorded under this chapter, or recited 3731 in a document of record under this chapter, which is based on race, [gender] sex, national 3732 origin, marital status, or a similar classification determined to be unenforceable under 3733 state or federal law. 3734 (2) A document which recites an unenforceable covenant may be recorded as provided in 3735 this chapter. 3736 (3) Any unenforceable covenant recited in a document to be recorded under this chapter or - 110 - 01-07 15:16 H.B. 183 3737 recited in a document of record is considered void, but does not invalidate the remainder 3738 of the document. 3739 Section 54. Section 57-21-2 is amended to read: 3740 57-21-2 (Effective 05/06/26). Definitions. 3741 As used in this chapter: 3742 (1) "Affiliate" means the same as that term is defined in Section 16-6a-102. 3743 (2) "Aggrieved person" includes a person who: 3744 (a) claims to have been injured by a discriminatory housing practice; or 3745 (b) believes that the person will be injured by a discriminatory housing practice that is 3746 about to occur. 3747 (3) "Commission" means the Labor Commission. 3748 (4) "Complainant" means an aggrieved person, including the director, who has commenced 3749 a complaint with the division. 3750 (5) "Conciliation" means the attempted resolution of an issue raised in a complaint of 3751 discriminatory housing practices by the investigation of the complaint through informal 3752 negotiations involving the complainant, the respondent, and the division. 3753 (6) "Conciliation agreement" means a written agreement setting forth the resolution of the 3754 issues in conciliation. 3755 (7) "Conciliation conference" means the attempted resolution of an issue raised in a 3756 complaint or by the investigation of a complaint through informal negotiations involving 3757 the complainant, the respondent, and the division. The conciliation conference is not 3758 subject to Title 63G, Chapter 4, Administrative Procedures Act. 3759 (8) "Covered multifamily dwelling" means: 3760 (a) a building consisting of four or more dwelling units if the building has one or more 3761 elevators; and 3762 (b) the ground floor units in other buildings consisting of four or more dwelling units. 3763 (9) "Director" means the director of the division or a designee. 3764 (10)(a) "Disability" means a physical or mental impairment that substantially limits one 3765 or more of a person's major life activities, including a person having a record of such 3766 an impairment or being regarded as having such an impairment. 3767 (b) "Disability" does not include current illegal use of, or addiction to, any federally 3768 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 3769 U.S.C. Sec. 802. 3770 (11) "Discriminate" includes segregate or separate. - 111 - H.B. 183 01-07 15:16 3771 (12) "Discriminatory housing practice" means an act that is unlawful under this chapter. 3772 (13) "Division" means the Division of Antidiscrimination and Labor established under the 3773 commission. 3774 (14) "Dwelling" means: 3775 (a) a building or structure, or a portion of a building or structure, occupied as, designed 3776 as, or intended for occupancy as a residence of one or more families; or 3777 (b) vacant land that is offered for sale or lease for the construction or location of a 3778 dwelling as described in Subsection (14)(a). 3779 (15)(a) "Familial status" means one or more individuals who have not attained the age of 3780 18 years old being domiciled with: 3781 (i) a parent or another person having legal custody of the one or more individuals; or 3782 (ii) the designee of the parent or other person having custody, with the written 3783 permission of the parent or other person. 3784 (b) The protections afforded against discrimination on the basis of familial status apply 3785 to a person who: 3786 (i) is pregnant; 3787 (ii) is in the process of securing legal custody of any individual who has not attained 3788 the age of 18 years old; or 3789 (iii) is a single individual. 3790 (16) "Gender identity" has the meaning provided in the Diagnostic and Statistical Manual 3791 (DSM-5). A person's gender identity can be shown by providing evidence, including, 3792 but not limited to, medical history, care or treatment of the gender identity, consistent 3793 and uniform assertion of the gender identity, or other evidence that the gender identity is 3794 sincerely held, part of a person's core identity, and not being asserted for an improper 3795 purpose. 3796 (17) "National origin" means the place of birth of an individual or of any lineal ancestors. 3797 (18) "Person" includes one or more individuals, corporations, limited liability companies, 3798 partnerships, associations, labor organizations, legal representatives, mutual companies, 3799 joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases 3800 under the United States Bankruptcy Code, receivers, and fiduciaries. 3801 (19) "Presiding officer" has the same meaning as provided in Section 63G-4-103. 3802 (20) "Real estate broker" or "salesperson" means a principal broker, an associate broker, or 3803 a sales agent as those terms are defined in Section 61-2f-102. 3804 (21) "Respondent" means a person against whom a complaint of housing discrimination has - 112 - 01-07 15:16 H.B. 183 3805 been initiated. 3806 (22) "Sex" means [gender] biological sex and includes pregnancy, childbirth, and disabilities 3807 related to pregnancy or childbirth. 3808 (23) "Sexual orientation" means an individual's actual or perceived orientation as 3809 heterosexual, homosexual, or bisexual. 3810 (24) "Source of income" means the verifiable condition of being a recipient of federal, state, 3811 or local assistance, including medical assistance, or of being a tenant receiving federal, 3812 state, or local subsidies, including rental assistance or rent supplements. 3813 Section 55. Section 57-21-3 is amended to read: 3814 57-21-3 (Effective 05/06/26). Exemptions -- Sale by private individuals -- 3815 Nonprofit organizations -- Noncommercial transactions. 3816 (1) This chapter does not apply to a single-family dwelling unit sold or rented by [its] the 3817 unit's owner if: 3818 (a) the owner does not own an interest in four or more single-family dwelling units held 3819 for sale or lease at the same time; 3820 (b) during a 24-month period, the owner does not sell two or more single-family 3821 dwelling units in which the owner was not residing or was not the most recent 3822 resident at the time of sale; 3823 (c) the owner does not retain or use the facilities or services of a real estate broker or 3824 salesperson; and 3825 (d) the owner does not use a discriminatory housing practice under Subsection 57-21-5 3826 (2) in the sale or rental of the dwelling. 3827 (2) This chapter does not apply to a dwelling or a temporary or permanent residence facility 3828 if: 3829 (a) the discrimination is by sex, as defined in Section 68-3-12.5, sexual orientation,[ 3830 gender identity,] or familial status for reasons of personal modesty or privacy, or in 3831 the furtherance of a religious institution's free exercise of religious rights under the 3832 First Amendment of the United States Constitution or the Utah Constitution; and 3833 (b) the dwelling or the temporary or permanent residence facility is: 3834 (i) operated by a nonprofit or charitable organization; 3835 (ii) owned by, operated by, or under contract with a religious organization, a religious 3836 association, a religious educational institution, or a religious society; 3837 (iii) owned by, operated by, or under contract with an affiliate of an entity described 3838 in Subsection (2)(b)(ii); or - 113 - H.B. 183 01-07 15:16 3839 (iv) owned by or operated by a person under contract with an entity described in 3840 Subsection (2)(b)(ii). 3841 (3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a room in 3842 a single-family dwelling by an owner-occupant of the single-family dwelling to another 3843 person if: 3844 (a) the dwelling is designed for occupancy by four or fewer families; and 3845 (b) the owner-occupant resides in one of the units. 3846 (4)(a)(i) Unless membership in a religion is restricted by race, color, sex, or national 3847 origin, this chapter does not prohibit an entity described in Subsection (4)(a)(ii) 3848 from: 3849 (A) limiting the sale, rental, or occupancy of a dwelling or temporary or 3850 permanent residence facility the entity owns or operates for primarily 3851 noncommercial purposes to persons of the same religion; or 3852 (B) giving preference to persons of the same religion when selling, renting, or 3853 selecting occupants for a dwelling, or a temporary or permanent residence 3854 facility, the entity owns or operates for primarily noncommercial purposes. 3855 (ii) The following entities are entitled to the exemptions described in Subsection 3856 (4)(a)(i): 3857 (A) a religious organization, association, or society; or 3858 (B) a nonprofit institution or organization operated, supervised, or controlled by or 3859 in conjunction with a religious organization, association, or society. 3860 (b)(i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) from: 3861 (A) limiting the sale, rental, or occupancy of a dwelling, or a temporary or 3862 permanent residence facility, the entity owns or operates to persons of a 3863 particular religion, sex, or sexual orientation[, or gender identity]; or 3864 (B) giving preference to persons of a particular religion, sex, or sexual orientation[, 3865 or gender identity] when selling, renting, or selecting occupants for a dwelling, 3866 or a temporary or permanent residence facility, the entity owns or operates. 3867 (ii) The following entities are entitled to the exemptions described in Subsection 3868 (4)(b)(i): 3869 (A) an entity described in Subsection (4)(a)(ii); and 3870 (B) a person who owns a dwelling, or a temporary or permanent residence facility, 3871 that is under contract with an entity described in Subsection (4)(a)(ii). 3872 (5)(a) If the conditions of Subsection (5)(b) are met, this chapter does not prohibit a - 114 - 01-07 15:16 H.B. 183 3873 private club not open to the public, including a fraternity or sorority associated with 3874 an institution of higher education, from: 3875 (i) limiting the rental or occupancy of lodgings to members; or 3876 (ii) giving preference to its members. 3877 (b) This Subsection (5) applies only if the private club owns or operates the lodgings as 3878 an incident to [its] the private club's primary purpose and not for a commercial 3879 purpose. 3880 (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and 3881 conditions, including financial obligations, of a lease, rental agreement, contract of 3882 purchase or sale, mortgage, trust deed, or other financing agreement. 3883 (7) This chapter does not prohibit a nonprofit educational institution, including a 3884 degree-granting institution of higher education listed in Subsection 53H-1-102(1)(a), 3885 from: 3886 (a) requiring its single students to live in a dwelling, or a temporary or permanent 3887 residence facility, that is owned by, operated by, or under contract with the nonprofit 3888 educational institution; 3889 (b) segregating a dwelling, or a temporary or permanent residence facility, that is owned 3890 by, operated by, or under contract with the nonprofit educational institution on the 3891 basis of sex, as defined in Section 68-3-12.5, regardless of gender identity, or familial 3892 status or both: 3893 (i) for reasons of personal modesty or privacy; or 3894 (ii) in the furtherance of a religious institution's free exercise of religious rights under 3895 the First Amendment of the United States Constitution or the Utah Constitution; or 3896 (c) otherwise assisting another person in making a dwelling, or a temporary or 3897 permanent residence facility, available to students on a sex-segregated basis as may 3898 be permitted by: 3899 (i) regulations implementing the federal Fair Housing Amendments Act of 1988; 3900 (ii) Title IX of the Education Amendments of 1972; or 3901 (iii) other applicable law. 3902 (8) This chapter does not prohibit any reasonable local, state, or federal restriction 3903 regarding the maximum number of occupants permitted to occupy a dwelling. 3904 (9) A provision of this chapter that pertains to familial status does not apply to the 3905 existence, development, sale, rental, advertisement, or financing of an apartment 3906 complex, condominium, or other housing development designated as housing for older - 115 - H.B. 183 01-07 15:16 3907 persons, as defined by Title VIII of the Civil Rights Act of 1968, as amended. 3908 Section 56. Section 57-21-5 is amended to read: 3909 57-21-5 (Effective 05/06/26). Discriminatory practices enumerated -- Protected 3910 persons, classes enumerated. 3911 (1) It is a discriminatory housing practice to do any of the following because of a person's 3912 race, color, religion, sex, national origin, familial status, source of income, disability, or 3913 sexual orientation[, or gender identity]: 3914 (a)(i) refuse to sell or rent after the making of a bona fide offer; 3915 (ii) refuse to negotiate for the sale or rental; or 3916 (iii) otherwise deny or make unavailable a dwelling from any person; 3917 (b) discriminate against a person in the terms, conditions, or privileges: 3918 (i) of the sale or rental of a dwelling; or 3919 (ii) in providing facilities or services in connection with the dwelling; or 3920 (c) represent to a person that a dwelling is not available for inspection, sale, or rental 3921 when the dwelling is available. 3922 (2) It is a discriminatory housing practice to make a representation orally or in writing or 3923 make, print, circulate, publish, post, or cause to be made, printed, circulated, published, 3924 or posted any notice, statement, or advertisement, or to use any application form for the 3925 sale or rental of a dwelling, that directly or indirectly expresses any preference, 3926 limitation, or discrimination based on race, color, religion, sex, national origin, familial 3927 status, source of income, disability, or sexual orientation, [or gender identity,] or 3928 expresses any intent to make any such preference, limitation, or discrimination. 3929 (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a person 3930 to buy, sell, or rent a dwelling by making a representation about the entry or prospective 3931 entry into the neighborhood of persons of a particular race, color, religion, sex, national 3932 origin, familial status, source of income, disability, or sexual orientation[, or gender 3933 identity]. 3934 (4) A discriminatory housing practice includes: 3935 (a) a refusal to permit, at the expense of the person with a disability, reasonable 3936 modifications of existing premises occupied or to be occupied by the person if the 3937 modifications are necessary to afford that person full enjoyment of the premises, 3938 except that in the case of a rental, the landlord, where it is reasonable to do so, may 3939 condition permission for a modification on the renter agreeing to restore the interior 3940 of the premises, when reasonable, to the condition that existed before the - 116 - 01-07 15:16 H.B. 183 3941 modification, reasonable wear and tear excepted; 3942 (b) a refusal to make a reasonable accommodation in a rule, policy, practice, or service 3943 when the accommodation may be necessary to afford the person equal opportunity to 3944 use and enjoy a dwelling; and 3945 (c) in connection with the design and construction of covered multifamily dwellings for 3946 first occupancy after March 13, 1991, a failure to design and construct the covered 3947 multifamily dwellings in a manner that: 3948 (i) the covered multifamily dwellings have at least one building entrance on an 3949 accessible route, unless it is impracticable to have one because of the terrain or 3950 unusual characteristics of the site; and 3951 (ii) with respect to covered multifamily dwellings with a building entrance on an 3952 accessible route: 3953 (A) the public use and common use portions of the covered multifamily dwelling 3954 are readily accessible to and usable by a person with a disability; 3955 (B) all the doors designed to allow passage into and within the covered 3956 multifamily dwellings are sufficiently wide to allow passage by a person with a 3957 disability who is in a wheelchair; and 3958 (C) all premises within the covered multifamily dwellings contain the following 3959 features of adaptive design: 3960 (I) an accessible route into and through the covered multifamily dwelling; 3961 (II) light switches, electrical outlets, thermostats, and other environmental 3962 controls in accessible locations; 3963 (III) reinforcements in the bathroom walls to allow later installation of grab 3964 bars; and 3965 (IV) kitchens and bathrooms such that an individual in a wheelchair can 3966 maneuver about and use the space. 3967 (5) This section also applies to discriminatory housing practices because of race, color, 3968 religion, sex, national origin, familial status, source of income, disability, or sexual 3969 orientation[, or gender identity] based upon a person's association with another person. 3970 Section 57. Section 57-21-6 is amended to read: 3971 57-21-6 (Effective 05/06/26). Discriminatory housing practices regarding 3972 residential real estate-related transactions -- Discriminatory housing practices regarding 3973 the provisions of brokerage services. 3974 (1)(a) It is a discriminatory housing practice for a person whose business includes - 117 - H.B. 183 01-07 15:16 3975 engaging in residential real estate-related transactions to discriminate against a 3976 person in making available a residential real estate-related transaction, or in the terms 3977 or conditions of the residential real estate-related transaction, because of race, color, 3978 religion, sex, disability, familial status, source of income, national origin, or sexual 3979 orientation[, or gender identity]. 3980 (b) Residential real estate-related transactions include: 3981 (i) making or purchasing loans or providing other financial assistance: 3982 (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; 3983 or 3984 (B) secured by residential real estate; or 3985 (ii) selling, brokering, or appraising residential real property. 3986 (2) It is a discriminatory housing practice to, because of race, color, religion, sex, disability, 3987 familial status, source of income, national origin, or sexual orientation[, or gender 3988 identity]: 3989 (a) deny a person access to, or membership or participation in, a multiple-listing service, 3990 real estate brokers' organization, or other service, organization, or facility relating to 3991 the business of selling or renting dwellings; or 3992 (b) discriminate against a person in the terms or conditions of access, membership, or 3993 participation in the organization, service, or facility. 3994 (3) This section also applies to a discriminatory housing practice because of race, color, 3995 religion, sex, national origin, familial status, source of income, disability, or sexual 3996 orientation[, or gender identity] based upon a person's association with another 3997 person. 3998 Section 58. Section 57-21-6.1 is amended to read: 3999 57-21-6.1 (Effective 05/06/26). Discriminatory housing practices regarding real 4000 estate -- Existing real property contract provisions. 4001 (1) As used in this section: 4002 (a) "Association" means the same as that term is defined in Section 57-8-3 or 57-8a-102. 4003 (b) "Board" means: 4004 (i) a management committee as defined in Section 57-8-3; or 4005 (ii) the same as that term is defined in Section 57-8a-102. 4006 (c) "Governing documents" means the same as that term is defined in Section 57-8-3 or 4007 57-8a-102. 4008 (2) Any provision in a previously recorded written instrument relating to real property that - 118 - 01-07 15:16 H.B. 183 4009 expresses any preference, limitation, or discrimination based on race, color, religion, 4010 sex, national origin, familial status, source of income, disability, or sexual orientation[, 4011 or gender identity] is void. 4012 (3) It is a discriminatory housing practice to enforce a provision described in Subsection (2). 4013 (4) Except as provided in Subsection (5), a person with a fee simple interest in the real 4014 property that is subject to the recorded written instrument described in Subsection (2) may 4015 record with the county recorder a modification document on the real property in the following 4016 form: 4017 "Any provision in a previously recorded written instrument that expresses any 4018 preference, limitation, or discrimination based on race, color, religion, sex, national origin, 4019 familial status, source of income, disability, or sexual orientation[, or gender identity] is 4020 void under Utah Code Section 57-21-6.1.". 4021 (5)(a) If a written instrument described in Subsection (2) is a governing document, an 4022 association may, in accordance with this section, amend the association's governing 4023 documents to remove a provision described in Subsection (2). 4024 (b)(i) If an owner believes an association's governing documents include a provision 4025 described in Subsection (2), the owner may submit a written request to remove the 4026 provision. 4027 (ii) Within 90 days after the day on which the board receives a written request, the 4028 board: 4029 (A) shall investigate a claim that the association's governing documents include a 4030 provision described in Subsection (2); and 4031 (B) if the board determines the association's governing documents include a 4032 provision described in Subsection (2), may remove the provision from the 4033 governing documents by amending the association's governing documents 4034 through a majority vote of the board, regardless of any contrary provision in 4035 the association's governing documents. 4036 (c) Any association officer may execute the amendment to remove the provision 4037 described in Subsection (2) from the governing documents. 4038 (d) Notwithstanding any contrary provision in the association's governing documents, an 4039 amendment under this subsection does not require approval of the association's 4040 members. 4041 (6) A provision in a recorded written instrument that is void under this section does not 4042 affect the validity of the remainder of the previously recorded written instrument. - 119 - H.B. 183 01-07 15:16 4043 (7) An owner who records or causes to be recorded a modification document under 4044 Subsection (4) that contains modifications not authorized by this section is solely liable 4045 for the recordation. 4046 (8) A county recorder may not charge a fee for recording a modification document under 4047 this section. 4048 Section 59. Section 57-21-7 is amended to read: 4049 57-21-7 (Effective 05/06/26). Prohibited conduct -- Aiding or abetting in 4050 discriminatory actions -- Obstruction of division investigation -- Reprisals. 4051 (1) It is a discriminatory housing practice to do any of the following: 4052 (a) coerce, intimidate, threaten, or interfere with a person: 4053 (i) in the exercise or enjoyment of a right granted or protected under this chapter; 4054 (ii) because that person exercised a right granted or protected under this chapter; or 4055 (iii) because that person aided or encouraged any other person in the exercise or 4056 enjoyment of a right granted or protected under this chapter; 4057 (b) aid, abet, incite, compel, or coerce a person to engage in a practice prohibited by this 4058 chapter; 4059 (c) attempt to aid, abet, incite, compel, or coerce a person to engage in a practice 4060 prohibited by this chapter; 4061 (d) obstruct or prevent a person from complying with this chapter, or any order issued 4062 under this chapter; 4063 (e) resist, prevent, impede, or interfere with the director or a division employee or 4064 representative in the performance of duty under this chapter; or 4065 (f) engage in a reprisal against a person because that person: 4066 (i) opposed a practice prohibited under this chapter; or 4067 (ii) filed a complaint, testified, assisted, or participated in any manner in an 4068 investigation, proceeding, or hearing under this chapter. 4069 (2) This section also applies to discriminatory housing practices because of race, color, 4070 religion, sex, national origin, familial status, source of income, disability, or sexual 4071 orientation[, or gender identity] based upon a person's association with another 4072 person. 4073 Section 60. Section 58-37f-301 is amended to read: 4074 58-37f-301 (Effective 05/06/26). Access to database. 4075 (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah 4076 Administrative Rulemaking Act, to: - 120 - 01-07 15:16 H.B. 183 4077 (a) effectively enforce the limitations on access to the database as described in this part; 4078 and 4079 (b) establish standards and procedures to ensure accurate identification of individuals 4080 requesting information or receiving information without request from the database. 4081 (2) The division shall make information in the database and information obtained from 4082 other state or federal prescription monitoring programs by means of the database 4083 available only to the following individuals, in accordance with the requirements of this 4084 chapter and division rules: 4085 (a)(i) personnel of the division specifically assigned to conduct investigations related 4086 to controlled substance laws under the jurisdiction of the division; and 4087 (ii) the following law enforcement officers, but the division may only provide 4088 nonidentifying information, limited to [gender] sex, year of birth, and postal ZIP 4089 code, regarding individuals for whom a controlled substance has been prescribed 4090 or to whom a controlled substance has been dispensed: 4091 (A) a law enforcement agency officer who is engaged in a joint investigation with 4092 the division; and 4093 (B) a law enforcement agency officer to whom the division has referred a 4094 suspected criminal violation of controlled substance laws; 4095 (b) authorized division personnel engaged in analysis of controlled substance 4096 prescription information as a part of the assigned duties and responsibilities of their 4097 employment; 4098 (c) a board member if: 4099 (i) the board member is assigned to monitor a licensee on probation; and 4100 (ii) the board member is limited to obtaining information from the database regarding 4101 the specific licensee on probation; 4102 (d) a person the division authorizes to obtain that information on behalf of the Utah 4103 Professionals Health Program established in Subsection 58-4a-103(1) if: 4104 (i) the person the division authorizes is limited to obtaining information from the 4105 database regarding the person whose conduct is the subject of the division's 4106 consideration; and 4107 (ii) the conduct that is the subject of the division's consideration includes a violation 4108 or a potential violation of Chapter 37, Utah Controlled Substances Act, or another 4109 relevant violation or potential violation under this title; 4110 (e) in accordance with a written agreement entered into with the department, employees - 121 - H.B. 183 01-07 15:16 4111 of the Department of Health and Human Services: 4112 (i) whom the director of the Department of Health and Human Services assigns to 4113 conduct scientific studies regarding the use or abuse of controlled substances, if 4114 the identity of the individuals and pharmacies in the database are confidential and 4115 are not disclosed in any manner to any individual who is not directly involved in 4116 the scientific studies; 4117 (ii) when the information is requested by the Department of Health and Human 4118 Services in relation to a person or provider whom the Department of Health and 4119 Human Services suspects may be improperly obtaining or providing a controlled 4120 substance; or 4121 (iii) in the medical examiner's office; 4122 (f) in accordance with a written agreement entered into with the department, a designee 4123 of the director of the Department of Health and Human Services, who is not an 4124 employee of the Department of Health and Human Services, whom the director of the 4125 Department of Health and Human Services assigns to conduct scientific studies 4126 regarding the use or abuse of controlled substances pursuant to an application process 4127 established in rule by the Department of Health and Human Services, if: 4128 (i) the designee provides explicit information to the Department of Health and 4129 Human Services regarding the purpose of the scientific studies; 4130 (ii) the scientific studies to be conducted by the designee: 4131 (A) fit within the responsibilities of the Department of Health and Human 4132 Services for health and welfare; 4133 (B) are reviewed and approved by an Institutional Review Board that is approved 4134 for human subject research by the United States Department of Health and 4135 Human Services; 4136 (C) are not conducted for profit or commercial gain; and 4137 (D) are conducted in a research facility, as defined by division rule, that is 4138 associated with a university or college accredited by one or more regional or 4139 national accrediting agencies recognized by the United States Department of 4140 Education; 4141 (iii) the designee protects the information as a business associate of the Department 4142 of Health and Human Services; and 4143 (iv) the identity of the prescribers, patients, and pharmacies in the database are 4144 de-identified, confidential, and not disclosed in any manner to the designee or to - 122 - 01-07 15:16 H.B. 183 4145 any individual who is not directly involved in the scientific studies; 4146 (g) in accordance with a written agreement entered into with the department and the 4147 Department of Health and Human Services, authorized employees of a managed care 4148 organization, as defined in 42 C.F.R. Sec. 438, if: 4149 (i) the managed care organization contracts with the Department of Health and 4150 Human Services under the provisions of Section 26B-3-202 and the contract 4151 includes provisions that: 4152 (A) require a managed care organization employee who will have access to 4153 information from the database to submit to a criminal background check; and 4154 (B) limit the authorized employee of the managed care organization to requesting 4155 either the division or the Department of Health and Human Services to conduct 4156 a search of the database regarding a specific Medicaid enrollee and to report 4157 the results of the search to the authorized employee; and 4158 (ii) the information is requested by an authorized employee of the managed care 4159 organization in relation to a person who is enrolled in the Medicaid program with 4160 the managed care organization, and the managed care organization suspects the 4161 person may be improperly obtaining or providing a controlled substance; 4162 (h) a licensed practitioner having authority to prescribe controlled substances, to the 4163 extent the information: 4164 (i)(A) relates specifically to a current or prospective patient of the practitioner; and 4165 (B) is provided to or sought by the practitioner for the purpose of: 4166 (I) prescribing or considering prescribing any controlled substance to the 4167 current or prospective patient; 4168 (II) diagnosing the current or prospective patient; 4169 (III) providing medical treatment or medical advice to the current or 4170 prospective patient; or 4171 (IV) determining whether the current or prospective patient: 4172 (Aa) is attempting to fraudulently obtain a controlled substance from the 4173 practitioner; or 4174 (Bb) has fraudulently obtained, or attempted to fraudulently obtain, a 4175 controlled substance from the practitioner; 4176 (ii)(A) relates specifically to a former patient of the practitioner; and 4177 (B) is provided to or sought by the practitioner for the purpose of determining 4178 whether the former patient has fraudulently obtained, or has attempted to - 123 - H.B. 183 01-07 15:16 4179 fraudulently obtain, a controlled substance from the practitioner; 4180 (iii) relates specifically to an individual who has access to the practitioner's Drug 4181 Enforcement Administration identification number, and the practitioner suspects 4182 that the individual may have used the practitioner's Drug Enforcement 4183 Administration identification number to fraudulently acquire or prescribe a 4184 controlled substance; 4185 (iv) relates to the practitioner's own prescribing practices, except when specifically 4186 prohibited by the division by administrative rule; 4187 (v) relates to the use of the controlled substance database by an employee of the 4188 practitioner, described in Subsection (2)(i); or 4189 (vi) relates to any use of the practitioner's Drug Enforcement Administration 4190 identification number to obtain, attempt to obtain, prescribe, or attempt to 4191 prescribe, a controlled substance; 4192 (i) in accordance with Subsection (3)(a), an employee of a practitioner described in 4193 Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if: 4194 (i) the employee is designated by the practitioner as an individual authorized to 4195 access the information on behalf of the practitioner; 4196 (ii) the practitioner provides written notice to the division of the identity of the 4197 employee; and 4198 (iii) the division: 4199 (A) grants the employee access to the database; and 4200 (B) provides the employee with a password that is unique to that employee to 4201 access the database in order to permit the division to comply with the 4202 requirements of Subsection 58-37f-203(7) with respect to the employee; 4203 (j) an employee of the same business that employs a licensed practitioner under 4204 Subsection (2)(h) if: 4205 (i) the employee is designated by the practitioner as an individual authorized to 4206 access the information on behalf of the practitioner; 4207 (ii) the practitioner and the employing business provide written notice to the division 4208 of the identity of the designated employee; and 4209 (iii) the division: 4210 (A) grants the employee access to the database; and 4211 (B) provides the employee with a password that is unique to that employee to 4212 access the database in order to permit the division to comply with the - 124 - 01-07 15:16 H.B. 183 4213 requirements of Subsection 58-37f-203(7) with respect to the employee; 4214 (k) a licensed pharmacist having authority to dispense a controlled substance, or a 4215 licensed pharmacy intern or pharmacy technician working under the general 4216 supervision of a licensed pharmacist, to the extent the information is provided or 4217 sought for the purpose of: 4218 (i) dispensing or considering dispensing any controlled substance; 4219 (ii) determining whether a person: 4220 (A) is attempting to fraudulently obtain a controlled substance from the pharmacy, 4221 practitioner, or health care facility; or 4222 (B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled 4223 substance from the pharmacy, practitioner, or health care facility; 4224 (iii) reporting to the controlled substance database; or 4225 (iv) verifying the accuracy of the data submitted to the controlled substance database 4226 on behalf of a pharmacy where the licensed pharmacist, pharmacy intern, or 4227 pharmacy technician is employed; 4228 (l) pursuant to a valid search warrant, federal, state, and local law enforcement officers 4229 and state and local prosecutors who are engaged in an investigation related to: 4230 (i) one or more controlled substances; and 4231 (ii) a specific person who is a subject of the investigation; 4232 (m) subject to Subsection (7), a probation or parole officer, employed by the Division of 4233 Adult Probation and Parole created in Section 64-14-202 or by a political 4234 subdivision, to gain access to database information necessary for the officer's 4235 supervision of a specific probationer or parolee who is under the officer's direct 4236 supervision; 4237 (n) employees of the Office of Internal Audit within the Department of Health and 4238 Human Services who are engaged in their specified duty of ensuring Medicaid 4239 program integrity under Section 26B-3-104; 4240 (o) a mental health therapist, if: 4241 (i) the information relates to a patient who is: 4242 (A) enrolled in a licensed substance abuse treatment program; and 4243 (B) receiving treatment from, or under the direction of, the mental health therapist 4244 as part of the patient's participation in the licensed substance abuse treatment 4245 program described in Subsection (2)(o)(i)(A); 4246 (ii) the information is sought for the purpose of determining whether the patient is - 125 - H.B. 183 01-07 15:16 4247 using a controlled substance while the patient is enrolled in the licensed substance 4248 abuse treatment program described in Subsection (2)(o)(i)(A); and 4249 (iii) the licensed substance abuse treatment program described in Subsection 4250 (2)(o)(i)(A) is associated with a practitioner who: 4251 (A) is a physician, a physician assistant, an advance practice registered nurse, or a 4252 pharmacist; and 4253 (B) is available to consult with the mental health therapist regarding the 4254 information obtained by the mental health therapist, under this Subsection 4255 (2)(o), from the database; 4256 (p) an individual who is the recipient of a controlled substance prescription entered into 4257 the database, upon providing evidence satisfactory to the division that the individual 4258 requesting the information is in fact the individual about whom the data entry was 4259 made; 4260 (q) an individual under Subsection (2)(p) for the purpose of obtaining a list of the 4261 persons and entities that have requested or received any information from the 4262 database regarding the individual, except if the individual's record is subject to a 4263 pending or current investigation as authorized under this Subsection (2); 4264 (r) the inspector general, or a designee of the inspector general, of the Office of 4265 Inspector General of Medicaid Services, for the purpose of fulfilling the duties 4266 described in Title 63A, Chapter 13, Part 2, Office and Powers; 4267 (s) the following licensed physicians for the purpose of reviewing and offering an 4268 opinion on an individual's request for workers' compensation benefits under Title 4269 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah 4270 Occupational Disease Act: 4271 (i) a member of the medical panel described in Section 34A-2-601; 4272 (ii) a physician employed as medical director for a licensed workers' compensation 4273 insurer or an approved self-insured employer; or 4274 (iii) a physician offering a second opinion regarding treatment; 4275 (t) members of Utah's Opioid Fatality Review Committee, for the purpose of reviewing a 4276 specific fatality due to opioid use and recommending policies to reduce the frequency 4277 of opioid use fatalities; 4278 (u) a licensed pharmacist who is authorized by a managed care organization as defined 4279 in Section 31A-1-301 to access the information on behalf of the managed care 4280 organization, if: - 126 - 01-07 15:16 H.B. 183 4281 (i) the managed care organization believes that an enrollee of the managed care 4282 organization has obtained or provided a controlled substance in violation of a 4283 medication management program contract between the enrollee and the managed 4284 care organization; and 4285 (ii) the managed care organization included a description of the medication 4286 management program in the enrollee's outline of coverage described in Subsection 4287 31A-22-605(7); and 4288 (v) the Utah Medicaid Fraud Control Unit of the attorney general's office for the purpose 4289 of investigating active cases, in exercising the unit's authority to investigate and 4290 prosecute Medicaid fraud, abuse, neglect, or exploitation under 42 U.S.C. Sec. 4291 1396b(q). 4292 (3)(a) A practitioner described in Subsection (2)(h) may designate one or more 4293 employees to access information from the database under Subsection (2)(i), (2)(j), or 4294 (4)(c). 4295 (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah 4296 Administrative Rulemaking Act, to: 4297 (i) establish background check procedures to determine whether an employee 4298 designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the 4299 database; 4300 (ii) establish the information to be provided by an emergency department employee 4301 under Subsection (4); and 4302 (iii) facilitate providing controlled substance prescription information to a third party 4303 under Subsection (5). 4304 (c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or 4305 (4)(c) access to the database, unless the division determines, based on a background 4306 check, that the employee poses a security risk to the information contained in the 4307 database. 4308 (4)(a) An individual who is employed in the emergency department of a hospital may 4309 exercise access to the database under this Subsection (4) on behalf of a licensed 4310 practitioner if the individual is designated under Subsection (4)(c) and the licensed 4311 practitioner: 4312 (i) is employed or privileged to work in the emergency department; 4313 (ii) is treating an emergency department patient for an emergency medical condition; 4314 and - 127 - H.B. 183 01-07 15:16 4315 (iii) requests that an individual employed in the emergency department and 4316 designated under Subsection (4)(c) obtain information regarding the patient from 4317 the database as needed in the course of treatment. 4318 (b) The emergency department employee obtaining information from the database shall, 4319 when gaining access to the database, provide to the database the name and any 4320 additional identifiers regarding the requesting practitioner as required by division 4321 administrative rule established under Subsection (3)(b). 4322 (c) An individual employed in the emergency department under this Subsection (4) may 4323 obtain information from the database as provided in Subsection (4)(a) if: 4324 (i) the employee is designated by the hospital as an individual authorized to access 4325 the information on behalf of the emergency department practitioner; 4326 (ii) the hospital operating the emergency department provide written notice to the 4327 division of the identity of the designated employee; and 4328 (iii) the division: 4329 (A) grants the employee access to the database; and 4330 (B) provides the employee with a password that is unique to that employee to 4331 access the database. 4332 (d) The division may impose a fee, in accordance with Section 63J-1-504, on a 4333 practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to 4334 pay for the costs incurred by the division to conduct the background check and make 4335 the determination described in Subsection (3)(b). 4336 (5)(a)(i) An individual may request that the division provide the information under 4337 Subsection (5)(b) to a third party who is designated by the individual each time a 4338 controlled substance prescription for the individual is dispensed. 4339 (ii) The division shall upon receipt of the request under this Subsection (5)(a) advise 4340 the individual in writing that the individual may direct the division to discontinue 4341 providing the information to a third party and that notice of the individual's 4342 direction to discontinue will be provided to the third party. 4343 (b) The information the division shall provide under Subsection (5)(a) is: 4344 (i) the fact a controlled substance has been dispensed to the individual, but without 4345 identifying the controlled substance; and 4346 (ii) the date the controlled substance was dispensed. 4347 (c)(i) An individual who has made a request under Subsection (5)(a) may direct that 4348 the division discontinue providing information to the third party. - 128 - 01-07 15:16 H.B. 183 4349 (ii) The division shall: 4350 (A) notify the third party that the individual has directed the division to no longer 4351 provide information to the third party; and 4352 (B) discontinue providing information to the third party. 4353 (6)(a) An individual who is granted access to the database based on the fact that the 4354 individual is a licensed practitioner or a mental health therapist shall be denied access 4355 to the database when the individual is no longer licensed. 4356 (b) An individual who is granted access to the database based on the fact that the 4357 individual is a designated employee of a licensed practitioner shall be denied access 4358 to the database when the practitioner is no longer licensed. 4359 (7) A probation or parole officer is not required to obtain a search warrant to access the 4360 database in accordance with Subsection (2)(m). 4361 (8) The division shall review and adjust the database programming which automatically 4362 logs off an individual who is granted access to the database under Subsections (2)(h), 4363 (2)(i), (2)(j), and (4)(c) to maximize the following objectives: 4364 (a) to protect patient privacy; 4365 (b) to reduce inappropriate access; and 4366 (c) to make the database more useful and helpful to a person accessing the database 4367 under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations 4368 such as an emergency department. 4369 (9) Any person who knowingly and intentionally accesses the database without express 4370 authorization under this section is guilty of a class A misdemeanor. 4371 Section 61. Section 63G-2-301 is amended to read: 4372 63G-2-301 (Effective 05/06/26). Public records. 4373 (1) As used in this section: 4374 (a) "Business address" means a single address of a governmental agency designated for 4375 the public to contact an employee or officer of the governmental agency. 4376 (b) "Business email address" means a single email address of a governmental agency 4377 designated for the public to contact an employee or officer of the governmental 4378 agency. 4379 (c) "Business telephone number" means a single telephone number of a governmental 4380 agency designated for the public to contact an employee or officer of the 4381 governmental agency. 4382 (d) "Correctional facility" means the same as that term is defined in Section 77-16b-102. - 129 - H.B. 183 01-07 15:16 4383 (2) The following records are public except to the extent they contain information expressly 4384 permitted to be treated confidentially under the provisions of Subsections 4385 63G-2-201(3)(b) and (6)(a): 4386 (a) laws; 4387 (b) the name, [gender] sex, gross compensation, job title, job description, business 4388 address, business email address, business telephone number, number of hours worked 4389 per pay period, dates of employment, and relevant education, previous employment, 4390 and similar job qualifications of a current or former employee or officer of the 4391 governmental entity, excluding: 4392 (i) undercover law enforcement personnel; and 4393 (ii) investigative personnel if disclosure could reasonably be expected to impair the 4394 effectiveness of investigations or endanger any individual's safety; 4395 (c) final opinions, including concurring and dissenting opinions, and orders that are 4396 made by a governmental entity in an administrative, adjudicative, or judicial 4397 proceeding except that if the proceedings were properly closed to the public, the 4398 opinion and order may be withheld to the extent that they contain information that is 4399 private, controlled, or protected; 4400 (d) final interpretations of statutes or rules by a governmental entity unless classified as 4401 protected as provided in Subsection 63G-2-305(17) or (18); 4402 (e) information contained in or compiled from a transcript, minutes, or report of the open 4403 portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, 4404 Open and Public Meetings Act, including the records of all votes of each member of 4405 the governmental entity; 4406 (f) judicial records unless a court orders the records to be restricted under the rules of 4407 civil or criminal procedure or unless the records are private under this chapter; 4408 (g) unless otherwise classified as private under Section 63G-2-303, records or parts of 4409 records filed with or maintained by county recorders, clerks, treasurers, surveyors, 4410 zoning commissions, the Division of Forestry, Fire, and State Lands, the School and 4411 Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the 4412 Division of Water Rights, or other governmental entities that give public notice of: 4413 (i) titles or encumbrances to real property; 4414 (ii) restrictions on the use of real property; 4415 (iii) the capacity of persons to take or convey title to real property; or 4416 (iv) tax status for real and personal property; - 130 - 01-07 15:16 H.B. 183 4417 (h) records of the Department of Commerce that evidence incorporations, mergers, name 4418 changes, and uniform commercial code filings; 4419 (i) data on individuals that would otherwise be private under this chapter if the 4420 individual who is the subject of the record has given the governmental entity written 4421 permission to make the records available to the public; 4422 (j) documentation of the compensation that a governmental entity pays to a contractor or 4423 private provider; 4424 (k) summary data; 4425 (l) voter registration records, including an individual's voting history, except for a voter 4426 registration record or those parts of a voter registration record that are classified as 4427 private under Subsections 63G-2-302(1)(j) through (n) or withheld under Subsection 4428 20A-2-104(7); 4429 (m) for an elected official, as defined in Section 11-47-102, a telephone number, if 4430 available, and email address, if available, where that elected official may be reached 4431 as required in Title 11, Chapter 47, Access to Elected Officials; 4432 (n) for a school community council member, a telephone number, if available, and email 4433 address, if available, where that elected official may be reached directly as required 4434 in Section 53G-7-1203; 4435 (o) annual audited financial statements of the Utah Educational Savings Plan described 4436 in Section 53H-10-210; and 4437 (p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as 4438 defined in Section 20A-7-101, after the packet is submitted to a county clerk. 4439 (3) The following records are normally public, but to the extent that a record is expressly 4440 exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b), 4441 Section 63G-2-302, 63G-2-304, or 63G-2-305: 4442 (a) administrative staff manuals, instructions to staff, and statements of policy; 4443 (b) records documenting a contractor's or private provider's compliance with the terms 4444 of a contract with a governmental entity; 4445 (c) records documenting the services provided by a contractor or a private provider to 4446 the extent the records would be public if prepared by the governmental entity; 4447 (d) contracts entered into by a governmental entity; 4448 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds 4449 by a governmental entity; 4450 (f) records relating to government assistance or incentives publicly disclosed, contracted - 131 - H.B. 183 01-07 15:16 4451 for, or given by a governmental entity, encouraging a person to expand or relocate a 4452 business in Utah, except as provided in Subsection 63G-2-305(35); 4453 (g) chronological logs and initial contact reports; 4454 (h) correspondence by and with a governmental entity in which the governmental entity 4455 determines or states an opinion upon the rights of the state, a political subdivision, 4456 the public, or any person; 4457 (i) empirical data contained in drafts if: 4458 (i) the empirical data is not reasonably available to the requester elsewhere in similar 4459 form; and 4460 (ii) the governmental entity is given a reasonable opportunity to correct any errors or 4461 make nonsubstantive changes before release; 4462 (j) drafts that are circulated to anyone other than: 4463 (i) a governmental entity; 4464 (ii) a political subdivision; 4465 (iii) a federal agency if the governmental entity and the federal agency are jointly 4466 responsible for implementation of a program or project that has been legislatively 4467 approved; 4468 (iv) a government-managed corporation; or 4469 (v) a contractor or private provider; 4470 (k) drafts that have never been finalized but were relied upon by the governmental entity 4471 in carrying out action or policy; 4472 (l) original data in a computer program if the governmental entity chooses not to 4473 disclose the program; 4474 (m) arrest warrants after issuance, except that, for good cause, a court may order 4475 restricted access to arrest warrants prior to service; 4476 (n) search warrants after execution and filing of the return, except that a court, for good 4477 cause, may order restricted access to search warrants prior to trial; 4478 (o) records that would disclose information relating to formal charges or disciplinary 4479 actions against a past or present governmental entity employee if: 4480 (i) the disciplinary action has been completed and all time periods for administrative 4481 appeal have expired; and 4482 (ii) the charges on which the disciplinary action was based were sustained; 4483 (p) records maintained by the Division of Forestry, Fire, and State Lands, the School and 4484 Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that - 132 - 01-07 15:16 H.B. 183 4485 evidence mineral production on government lands; 4486 (q) final audit reports; 4487 (r) occupational and professional licenses; 4488 (s) business licenses; 4489 (t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar 4490 records used to initiate proceedings for discipline or sanctions against persons 4491 regulated by a governmental entity, but not including records that initiate employee 4492 discipline; and 4493 (u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding 4494 the operation of a correctional facility or the care and control of inmates 4495 committed to the custody of a correctional facility; and 4496 (ii) records that disclose the results of an audit or other inspection assessing a 4497 correctional facility's compliance with a standard, regulation, policy, guideline, or 4498 rule described in Subsection (3)(u)(i). 4499 (4) The list of public records in this section is not exhaustive and should not be used to limit 4500 access to records. 4501 Section 62. Section 63G-3-306 is enacted to read: 4502 63G-3-306 (Effective 05/06/26). Referencing biological sex. 4503 A state agency when referencing biological sex in a rule: 4504 (1) shall use the term sex; and 4505 (2) may not use the term gender. 4506 Section 63. Section 63G-12-302 is amended to read: 4507 63G-12-302 (Effective 05/06/26). Status verification system -- Registration and 4508 use -- Performance of services -- Unlawful practice. 4509 (1) As used in this section: 4510 (a) "Contract" means an agreement for the procurement of goods or services that is 4511 awarded through a request for proposals process with a public employer and includes 4512 a sole source contract. 4513 (b) "Contractor" means a subcontractor, contract employee, staffing agency, or any 4514 contractor regardless of its tier. 4515 (2)(a) Subject to Subsection (5), a public employer shall register with and use a Status 4516 Verification System to verify the federal employment authorization status of a new 4517 employee. 4518 (b) This section shall be enforced without regard to race, religion, [gender] sex, ethnicity, - 133 - H.B. 183 01-07 15:16 4519 or national origin. 4520 (3)(a) Subject to Subsection (5), beginning July 1, 2009: 4521 (i) a public employer may not enter into a contract for the physical performance of 4522 services within the state with a contractor unless the contractor registers and 4523 participates in the Status Verification System to verify the work eligibility status 4524 of the contractor's new employees that are employed in the state; and 4525 (ii) a contractor shall register and participate in the Status Verification System in 4526 order to enter into a contract with a public employer. 4527 (b)(i) For purposes of compliance with Subsection (3)(a), a contractor is individually 4528 responsible for verifying the employment status of only new employees who work 4529 under the contractor's supervision or direction and not those who work for another 4530 contractor or subcontractor, except as otherwise provided in Subsection (3)(b)(ii). 4531 (ii) Each contractor or subcontractor who works under or for another contractor shall 4532 certify to the main contractor by affidavit that the contractor or subcontractor has 4533 verified through the Status Verification System the employment status of each 4534 new employee of the respective contractor or subcontractor. 4535 (c) Subsection (3)(a) does not apply to a contract: 4536 (i) entered into by the entities referred to in Subsection (3)(a) prior to July 1, 2009, 4537 even though the contract may involve the physical performance of services within 4538 the state on or after July 1, 2009; or 4539 (ii) that involves underwriting, remarketing, broker-dealer activities, securities 4540 placement, investment advisory, financial advisory, or other financial or 4541 investment banking services. 4542 (4)(a) It is unlawful for an employing entity in the state to discharge an employee 4543 working in Utah who is a United States citizen or permanent resident alien and 4544 replace the employee with, or have the employee's duties assumed by, an employee 4545 who: 4546 (i) the employing entity knows, or reasonably should have known, is an unauthorized 4547 alien hired on or after July 1, 2009; and 4548 (ii) is working in the state in a job category: 4549 (A) that requires equal skill, effort, and responsibility; and 4550 (B) which is performed under similar working conditions, as defined in 29 U.S.C., 4551 Sec. 206 (d)(1), as the job category held by the discharged employee. 4552 (b) An employing entity, which on the date of a discharge in question referred to in - 134 - 01-07 15:16 H.B. 183 4553 Subsection (4)(a) is enrolled in and using the Status Verification System to verify the 4554 employment eligibility of its employees in Utah who are hired on or after July 1, 4555 2009, is exempt from liability, investigation, or lawsuit arising from an action under 4556 this section. 4557 (c) A cause of action for a violation of this Subsection (4) arises exclusively from the 4558 provisions of this Subsection (4). 4559 (5) On and after the program start date: 4560 (a) a public employer, after hiring an employee, shall verify the employment eligibility 4561 of the new employee: 4562 (i) through the status verification system if the individual does not hold a permit; and 4563 (ii) through the u-verify program if the individual holds a permit; and 4564 (b) a contractor is considered to be in compliance with this section if, after hiring an 4565 employee, the contractor verifies the employment eligibility of the new employee: 4566 (i) through the status verification system if the individual does not hold a permit; and 4567 (ii) through the u-verify program if the individual holds a permit. 4568 Section 64. Section 63G-12-401 is amended to read: 4569 63G-12-401 (Effective 05/06/26). Creation of identity documents -- Issuance to 4570 citizens, nationals, and legal permanent resident aliens -- Exceptions. 4571 (1) The following entities may create, publish, or otherwise manufacture an identification 4572 document, identification card, or identification certificate and possess an engraved plate 4573 or other device for the printing of an identification document: 4574 (a) a federal, state, or local government agency for employee identification, which is 4575 designed to identify the bearer as an employee; 4576 (b) a federal, state, or local government agency for purposes authorized or required by 4577 law or a legitimate purpose consistent with the duties of the agency, including such 4578 documents as voter identification cards, identification cards, passports, birth 4579 certificates, and Social Security cards; and 4580 (c) a public school or state or private educational institution to identify the bearer as an 4581 administrator, faculty member, student, or employee. 4582 (2) The name of the issuing entity shall be clearly printed upon the face of the identification 4583 document. 4584 (3) Except as otherwise provided in Subsections (4) and (5) or by federal law, an entity 4585 providing an identity document, card, or certificate under Subsection (1)(b) or (c) shall 4586 issue the document, card, or certificate only to: - 135 - H.B. 183 01-07 15:16 4587 (a) a United States citizen; 4588 (b) a national; or 4589 (c) a legal permanent resident alien. 4590 (4)(a) Subsection (3) does not apply to an applicant for an identification document who 4591 presents, in person, valid documentary evidence of the applicant's: 4592 (i) unexpired immigrant or nonimmigrant visa status for admission into the United 4593 States; 4594 (ii) pending or approved application for asylum in the United States; 4595 (iii) admission into the United States as a refugee; 4596 (iv) pending or approved application for temporary protected status in the United 4597 States; 4598 (v) approved deferred action status; or 4599 (vi) pending application for adjustment of status to legal permanent resident or 4600 conditional resident. 4601 (b)(i) An entity listed in Subsection (1)(b) or (c) may issue a Subsection (1)(b) or (c) 4602 identification document to an applicant who satisfies the requirements of 4603 Subsection (4)(a). 4604 (ii) Except as otherwise provided by federal law, the document is valid only: 4605 (A) during the period of time of the individual's authorized stay in the United 4606 States; or 4607 (B) for one year from the date of issuance if there is no definite end to the 4608 individual's period of authorized stay. 4609 (iii) An entity issuing an identification document under this Subsection (4) shall 4610 clearly indicate on the document: 4611 (A) that it is temporary; and 4612 (B) its expiration date. 4613 (c) An individual may renew a document issued under this Subsection (4) only upon 4614 presentation of valid documentary evidence that the status by which the individual 4615 originally qualified for the identification document has been extended by the United 4616 States Citizenship and Immigration Services or other authorized agency of the United 4617 States Department of Homeland Security. 4618 (5)(a) Subsection (3) does not apply to an identification document issued under 4619 Subsection (1)(c) that: 4620 (i) is only valid for use on the educational institution's campus or facility; and - 136 - 01-07 15:16 H.B. 183 4621 (ii) includes a statement of the restricted use conspicuously printed upon the face of 4622 the identification document. 4623 (b) Subsection (3) does not apply to a license certificate, driving privilege card, or 4624 identification card issued or renewed under Title 53, Chapter 3, Uniform Driver 4625 License Act. 4626 (c) Subsection (3) does not apply to a public transit pass issued by a public transit 4627 district as defined in Title 17B, Chapter 2a, Part 8, Public Transit District Act, that: 4628 (i) is only valid for use on the public transit system; and 4629 (ii) includes a statement of the restricted use conspicuously printed on the face of the 4630 public transit pass. 4631 (d) Subsection (3) does not apply to a permit issued under Section 63G-12-207. 4632 (e) Subsection (3) does not apply to a permit issued under Chapter 14, Utah Pilot 4633 Sponsored Resident Immigrant Program Act. 4634 (6) This section shall be enforced without regard to race, religion, [gender] sex, ethnicity, or 4635 national origin. 4636 Section 65. Section 63G-12-402 is amended to read: 4637 63G-12-402 (Effective 05/06/26). Receipt of state, local, or federal public benefits 4638 -- Verification -- Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- 4639 Annual report. 4640 (1)(a) Except as provided in Subsection (3) or when exempted by federal law, an agency 4641 or political subdivision of the state shall verify the lawful presence in the United 4642 States of an individual at least 18 years old who applies for: 4643 (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or 4644 (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by 4645 an agency or political subdivision of this state. 4646 (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction Trades 4647 Licensing Act, to an applicant that is an unincorporated entity, the Department of 4648 Commerce shall verify in accordance with this Subsection (1) the lawful presence in 4649 the United States of each individual who: 4650 (i) owns an interest in the contractor that is an unincorporated entity; and 4651 (ii) engages, or will engage, in a construction trade in Utah as an owner of the 4652 contractor described in Subsection (1)(b)(i). 4653 (2) This section shall be enforced without regard to race, religion, [gender] sex, ethnicity, or 4654 national origin. - 137 - H.B. 183 01-07 15:16 4655 (3) Verification of lawful presence under this section is not required for: 4656 (a) any purpose for which lawful presence in the United States is not restricted by law, 4657 ordinance, or regulation; 4658 (b) assistance for health care items and services that: 4659 (i) are necessary for the treatment of an emergency medical condition, as defined in 4660 42 U.S.C. Sec. 1396b(v)(3), of the individual involved; and 4661 (ii) are not related to an organ transplant procedure; 4662 (c) short-term, noncash, in-kind emergency disaster relief; 4663 (d) public health assistance for immunizations with respect to immunizable diseases and 4664 for testing and treatment of symptoms of communicable diseases whether or not the 4665 symptoms are caused by the communicable disease; 4666 (e) programs, services, or assistance such as soup kitchens, crisis counseling and 4667 intervention, and short-term shelter, specified by the United States Attorney General, 4668 in the sole and unreviewable discretion of the United States Attorney General after 4669 consultation with appropriate federal agencies and departments, that: 4670 (i) deliver in-kind services at the community level, including through public or 4671 private nonprofit agencies; 4672 (ii) do not condition the provision of assistance, the amount of assistance provided, or 4673 the cost of assistance provided on the income or resources of the individual 4674 recipient; and 4675 (iii) are necessary for the protection of life or safety; 4676 (f) the exemption for paying the nonresident portion of total tuition as set forth in 4677 Section 53H-11-203; 4678 (g) an applicant for a license under Section 61-1-4, if the applicant: 4679 (i) is registered with the Financial Industry Regulatory Authority; and 4680 (ii) files an application with the state Division of Securities through the Central 4681 Registration Depository; 4682 (h) a state public benefit to be given to an individual under Title 49, Utah State 4683 Retirement and Insurance Benefit Act; 4684 (i) a home loan that will be insured, guaranteed, or purchased by: 4685 (i) the Federal Housing Administration, the Veterans Administration, or any other 4686 federal agency; or 4687 (ii) an enterprise as defined in 12 U.S.C. Sec. 4502; 4688 (j) a subordinate loan or a grant that will be made to an applicant in connection with a - 138 - 01-07 15:16 H.B. 183 4689 home loan that does not require verification under Subsection (3)(i); 4690 (k) an applicant for a license issued by the Department of Commerce or individual 4691 described in Subsection (1)(b), if the applicant or individual provides the Department 4692 of Commerce: 4693 (i) certification, under penalty of perjury, that the applicant or individual is: 4694 (A) a United States citizen; 4695 (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or 4696 (C) lawfully present in the United States; and 4697 (ii)(A) the number assigned to a driver license or identification card issued under 4698 Title 53, Chapter 3, Uniform Driver License Act; or 4699 (B) the number assigned to a driver license or identification card issued by a state 4700 other than Utah if, as part of issuing the driver license or identification card, 4701 the state verifies an individual's lawful presence in the United States; and 4702 (l) an applicant for: 4703 (i) an Opportunity scholarship described in Section 53H-11-402; 4704 (ii) a New Century scholarship described in Section 53H-11-407; 4705 (iii) a promise grant described in Section 53H-11-414; or 4706 (iv) a scholarship: 4707 (A) for an individual who is a graduate of a high school located within Utah; and 4708 (B) administered by an institution of higher education as defined in Section 4709 53H-1-101. 4710 (4)(a) An agency or political subdivision required to verify the lawful presence in the 4711 United States of an applicant under this section shall require the applicant to certify 4712 under penalty of perjury that: 4713 (i) the applicant is a United States citizen; or 4714 (ii) the applicant is: 4715 (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and 4716 (B) lawfully present in the United States. 4717 (b) The certificate required under this Subsection (4) shall include a statement advising 4718 the signer that providing false information subjects the signer to penalties for perjury. 4719 (5) An agency or political subdivision shall verify a certification required under Subsection 4720 (4)(a)(ii) through the federal SAVE program. 4721 (6)(a) An individual who knowingly and willfully makes a false, fictitious, or fraudulent 4722 statement or representation in a certification under Subsection (3)(k) or (4) is subject - 139 - H.B. 183 01-07 15:16 4723 to the criminal penalties applicable in this state for: 4724 (i) making a written false statement under Section 76-8-504; and 4725 (ii) fraudulently obtaining: 4726 (A) public assistance program benefits under Section 76-8-1203.1; or 4727 (B) unemployment compensation under Section 76-8-1301, 76-8-1302, 76-8-1303, 4728 or 76-8-1304. 4729 (b) If the certification constitutes a false claim of United States citizenship under 18 4730 U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the 4731 United States Attorney General for the applicable district based upon the venue in 4732 which the application was made. 4733 (c) If an agency or political subdivision receives verification that a person making an 4734 application for a benefit, service, or license is not a qualified alien, the agency or 4735 political subdivision shall provide the information to the Office of the Attorney 4736 General unless prohibited by federal mandate. 4737 (7) An agency or political subdivision may adopt variations to the requirements of this 4738 section that: 4739 (a) clearly improve the efficiency of or reduce delay in the verification process; or 4740 (b) provide for adjudication of unique individual circumstances where the verification 4741 procedures in this section would impose an unusual hardship on a legal resident of 4742 Utah. 4743 (8) It is unlawful for an agency or a political subdivision of this state to provide a state, 4744 local, or federal benefit, as defined in 8 U.S.C. [Sec.] Secs. 1611 and 1621, in violation 4745 of this section. 4746 (9) A state agency or department that administers a program of state or local public benefits 4747 shall: 4748 (a) provide an annual report to the governor, the president of the Senate, and the speaker 4749 of the House regarding its compliance with this section; and 4750 (b)(i) monitor the federal SAVE program for application verification errors and 4751 significant delays; 4752 (ii) provide an annual report on the errors and delays to ensure that the application of 4753 the federal SAVE program is not erroneously denying a state or local benefit to a 4754 legal resident of the state; and 4755 (iii) report delays and errors in the federal SAVE program to the United States 4756 Department of Homeland Security. - 140 - 01-07 15:16 H.B. 183 4757 Section 66. Section 63G-31-101 is amended to read: 4758 63G-31-101 (Effective 05/06/26). Definitions. 4759 As used in this chapter: 4760 (1)(a) "Changing room" means a space designated for multiple individuals to dress or 4761 undress within the same space. 4762 (b) "Changing room" includes: 4763 (i) a dressing room, fitting room, locker room, or shower room; and 4764 (ii) a restroom when a changing room contains or is attached to the restroom. 4765 (2)(a) "Facility" means a publicly owned or controlled building, structure, or other 4766 improvement. 4767 (b) "Facility" includes a subset of a publicly owned or controlled building, structure, or 4768 other improvement, including a restroom or locker room. 4769 (3) "Government entity" means the same as that term is defined in Section 63G-2-103. 4770 (4) "Intersex individual" means the same as that term is defined in Section 26B-8-101. 4771 (5) "Men's restroom" means a restroom that is designated for the exclusive use of males and 4772 not females. 4773 (6)(a) "Open to the general public" means that a privacy space is: 4774 (i) freely accessible to a member of the general public; 4775 (ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a 4776 membership fee, or otherwise paid to access the facility containing the relevant 4777 privacy space; or 4778 (iii) accessible to a student of an institution of higher education described in Section 4779 52B-2-101: 4780 (A) either freely or as described in Subsection (6)(a)(ii); or 4781 (B) within student housing as defined in Section 63G-31-305. 4782 (b) "Open to the general public" does not include a privacy space that is: 4783 (i) only accessible to employees of a government entity; or 4784 (ii) any area that is not normally accessible to the public. 4785 (7) "Privacy space" means a restroom or changing room within a publicly owned or 4786 controlled facility, where an individual has a reasonable expectation of privacy. 4787 (8) "Publicly owned or controlled" means that a government entity has at least a partial 4788 ownership interest in or has control of a facility, program, or event. 4789 (9)(a) "Restroom" means any space that includes a toilet. 4790 (b) "Restroom" includes: - 141 - H.B. 183 01-07 15:16 4791 (i) sex-designated men's restrooms; 4792 (ii) sex-designated women's restrooms; 4793 (iii) unisex restrooms; and 4794 (iv) single-occupant restrooms. 4795 (10) "Sex-designated" means that a facility, program, or event is designated specifically for 4796 males or females and not the opposite sex. 4797 (11) "Single-occupant" means, in relation to a single-occupant facility or privacy space, that 4798 the facility or privacy space: 4799 (a) has floor-to-ceiling walls; 4800 (b) has an entirely encased and locking door; and 4801 (c) is designated for single occupancy. 4802 (12) "Unamended birth certificate" means a birth certificate: 4803 (a) with no amendment history; or 4804 (b) with an amendment history that: 4805 (i) does not include [gender-related] sex-related amendments; or 4806 (ii) includes [gender-related] sex-related amendments that only: 4807 (A) correct an error or omission resulting from a scrivener's error under 4808 Subsection 26B-8-107(2); or 4809 (B) correct a misidentification of birth sex for an intersex individual under 4810 Subsection 26B-8-107(3). 4811 (13) "Unisex" means, in relation to a unisex facility or privacy space, that the facility or 4812 privacy space: 4813 (a) is designated for the use of both sexes; or 4814 (b) is not sex-designated. 4815 (14) "Women's restroom" means a restroom that is designated for the exclusive use of 4816 females and not males. 4817 Section 67. Section 63G-31-201 is amended to read: 4818 63G-31-201 (Effective 05/06/26). Distinctions on the basis of sex. 4819 (1) A government entity may not, on the basis of sex, exclude an individual from 4820 participation in, deny an individual from the benefits of, or subject an individual to a 4821 sex-based distinction in or under any government or otherwise publicly owned or 4822 controlled facility, program, or event, unless the distinction is substantially related to an 4823 important government objective. 4824 (2) Each government entity shall ensure the preservation of distinctions on the basis of sex - 142 - 01-07 15:16 H.B. 183 4825 that protect individual privacy and competitive opportunity, as described in this chapter. 4826 (3)(a) As used in this Subsection (3), "athletic facility" does not include a privacy space. 4827 (b) To preserve the individual privacy and competitive opportunity of females, an 4828 individual is not entitled to and may not access, use, or benefit from a government 4829 entity's athletic facility, program, or event if: 4830 (i) the facility, program, or event is designated for females; and 4831 (ii) the individual is not female. 4832 (c) To preserve the individual privacy and competitive opportunity of males, an 4833 individual is not entitled to and may not access, use, or benefit from a government 4834 entity's athletic facility, program, or event if: 4835 (i) the facility, program, or event is designated for males; and 4836 (ii) the individual is not male. 4837 (4) Subsections (1) through (3) and Subsection 63G-31-204(4) do not apply to: 4838 (a) a determination of the School Activity Eligibility Commission, created in Section 4839 53G-6-1003, regarding a student's athletic eligibility; or 4840 (b) the participation of a student, if the student has obtained the eligibility approval of 4841 the commission under Subsection 53G-6-1004(2), in a [gender-designated] 4842 sex-designated interscholastic activity that does not correspond with the sex 4843 designation on the student's birth certificate, as those terms are defined in Section 4844 53G-6-1001. 4845 Section 68. Section 63G-31-301 is amended to read: 4846 63G-31-301 (Effective 05/06/26). Sex-designated privacy spaces in public schools. 4847 (1) To preserve the individual privacy of male and female students in the public education 4848 system, a student may only access an operational sex-designated privacy space within a 4849 public school that is designated for student use if the student's sex corresponds with the 4850 sex designation of the privacy space. 4851 (2) For a student who makes a request to use a privacy space other than the sex-designated 4852 privacy space that corresponds with the student's sex because of the student's gender 4853 identity, as defined in Section [34A-5-102] 53E-9-205, or reasonable fear of bullying, the 4854 local education agency, as defined in Section 53E-1-102, shall coordinate with the 4855 student's parent or legal guardian to develop a privacy plan that provides the student 4856 with: 4857 (a)(i) reasonable access to a unisex or single-occupant facility; or 4858 (ii) reasonable access to a faculty or staff restroom that matches the student's sex; or - 143 - H.B. 183 01-07 15:16 4859 (b) if the access described in Subsection (2)(a) is unavailable, reasonable access to 4860 private use of an otherwise sex-designated privacy space that matches the student's 4861 sex through staggered scheduling or another policy provision that provides for 4862 temporary private access. 4863 (3) An LEA satisfies the LEA's duties regarding student use of a privacy space under this 4864 chapter if the LEA: 4865 (a) gives notice to students of the provisions of this section; 4866 (b) takes administrative action to address violations of and promote compliance with this 4867 section; and 4868 (c) develops a privacy plan in accordance with Subsection (2). 4869 (4) An individual may use, as a defense to an allegation that the student is not eligible to 4870 access and use a sex-designated privacy space under Subsection (1), the student's 4871 unamended birth certificate that corresponds with the sex designation of privacy space, 4872 which may be supported with a review of any amendment history obtained under 4873 Section 26B-8-125. 4874 (5) Subsection (1) does not apply to: 4875 (a) a unisex or single-occupant facility; or 4876 (b) an intersex individual. 4877 Section 69. Section 63G-31-303 is amended to read: 4878 63G-31-303 (Effective 05/06/26). Unisex or single-occupant facilities. 4879 The availability of a unisex facility or single-occupant facility satisfies a government 4880 entity's obligations regarding an individual who, because of the individual's gender identity, as 4881 defined in Section [34A-5-102] 53E-9-205, or reasonable fear of bullying, is uncomfortable 4882 using: 4883 (1) for a student, a privacy space in accordance with Section 63G-31-301; or 4884 (2) a changing room in accordance with Section 63G-31-302. 4885 Section 70. Section 63N-2-104.2 is amended to read: 4886 63N-2-104.2 (Effective 05/06/26). Written agreement -- Contents -- Grounds for 4887 amendment or termination. 4888 (1) If the office determines that a business entity is eligible for a tax credit under Section 4889 63N-2-104.1, the office may enter into a written agreement with the business entity that: 4890 (a) establishes performance benchmarks for the business entity to claim a tax credit, 4891 including any minimum wage requirements; 4892 (b) specifies the maximum amount of tax credit that the business entity may be - 144 - 01-07 15:16 H.B. 183 4893 authorized for a taxable year and over the life of the new commercial project, subject 4894 to the limitations in Section 63N-2-104.3; 4895 (c) establishes the length of time the business entity may claim a tax credit; 4896 (d) requires the business entity to retain records supporting a claim for a tax credit for at 4897 least four years after the business entity claims the tax credit; 4898 (e) requires the business entity to submit to audits for verification of any tax credit 4899 claimed; and 4900 (f) requires the business entity, in order to claim a tax credit, to meet the requirements of 4901 Section 63N-2-105. 4902 (2) In establishing the terms of a written agreement, including the duration and amount of 4903 tax credit that the business entity may be authorized to receive, the office shall: 4904 (a) authorize the tax credit in a manner that provides the most effective incentive for the 4905 new commercial project; 4906 (b) consider the following factors: 4907 (i) whether the new commercial project provides vital or specialized support to 4908 supply chains; 4909 (ii) whether the new commercial project provides an innovative product, technology, 4910 or service; 4911 (iii) the number and wages of new incremental jobs associated with the new 4912 commercial project; 4913 (iv) the amount of financial support provided by local government entities for the 4914 new commercial project; 4915 (v) the amount of capital expenditures associated with the new commercial project; 4916 (vi) whether the new commercial project returns jobs transferred overseas; 4917 (vii) the rate of unemployment in the county in which the new commercial project is 4918 located; 4919 (viii) whether the new commercial project creates a remote work opportunity; 4920 (ix) whether the new commercial project is located in a development zone created by 4921 a local government entity as described in Subsection 63N-2-104(2); 4922 (x) whether the business entity commits to hiring Utah workers for the new 4923 commercial project; 4924 (xi) whether the business entity adopts a corporate citizenry plan or supports 4925 initiatives in the state that advance education, [gender] sex equality, diversity and 4926 inclusion, work-life balance, environmental or social good, or other similar causes; - 145 - H.B. 183 01-07 15:16 4927 (xii) whether the business entity's headquarters are located within the state; 4928 (xiii) the likelihood of other business entities relocating to another state as a result of 4929 the new commercial project; 4930 (xiv) the necessity of the tax credit for the business entity's expansion in the state or 4931 relocation from another state; 4932 (xv) whether the proposed new commercial project might reasonably be expected to 4933 occur in the foreseeable future without the tax credit; and 4934 (xvi) the location and impact of the new commercial project on existing and planned 4935 transportation facilities, existing and planned housing, including affordable 4936 housing, and public infrastructure; and 4937 (c) consult with the GOEO board. 4938 (3) In determining the amount of tax credit that a business entity may be authorized to 4939 receive under a written agreement, the office may: 4940 (a) authorize a higher or optimized amount of tax credit for a new commercial project 4941 located within a development zone created by a local government entity as described 4942 in Subsection 63N-2-104(2); and 4943 (b) establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative 4944 Rulemaking Act, a process by which the office closely approximates the amount of 4945 taxes the business entity paid under Title 59, Chapter 12, Sales and Use Tax Act, for 4946 a capital project. 4947 (4) If the office identifies any of the following events after entering into a written 4948 agreement with a business entity, the office and the business entity shall amend, or the 4949 office may terminate, the written agreement: 4950 (a) a change in the business entity's organization resulting from a merger with or 4951 acquisition of another entity located in the state; 4952 (b) a material increase in the business entity's retail operations that results in new state 4953 revenue not subject to the incentive; or 4954 (c) an increase in the business entity's operations that: 4955 (i) is outside the scope of the written agreement or outside the boundaries of a 4956 development zone; and 4957 (ii) results in new state revenue not subject to the incentive. 4958 Section 71. Section 63N-4-803 is amended to read: 4959 63N-4-803 (Effective 05/06/26). County Economic Opportunity Advisory Board. 4960 (1)(a) Each rural county that seeks to obtain a grant from the office under Subsection - 146 - 01-07 15:16 H.B. 183 4961 63N-4-802(4)(a), shall create a CEO board composed of at least the following 4962 members appointed by the county legislative body: 4963 (i) a county representative; 4964 (ii) a representative of a municipality in the county; 4965 (iii) a workforce development representative; 4966 (iv) a private-sector representative; and 4967 (v) a member of the public who lives in the county. 4968 (b) The county legislative body may also appoint additional members with experience or 4969 expertise in economic development matters. 4970 (c) In appointing members of the CEO board, the county legislative body may consider [ 4971 gender] sex and socioeconomic diversity. 4972 (2) Each CEO board shall assist and advise the county legislative body on: 4973 (a) applying for a grant under Subsection 63N-4-802(4)(a); 4974 (b) what projects should be funded by grant money provided to a rural county under 4975 Subsection 63N-4-802(4)(a); and 4976 (c) preparing reporting requirements for grant money received by a rural county under 4977 Subsection 63N-4-802(4)(a). 4978 Section 72. Section 67-1-2.5 is amended to read: 4979 67-1-2.5 (Effective 05/06/26). Executive boards -- Database -- Governor's review 4980 of new boards -- Creation of boards and commissions -- Inactive boards. 4981 (1) As used in this section: 4982 (a) "Administrator" means the boards and commissions administrator designated under 4983 Subsection (3). 4984 (b) "Executive board" means an executive branch board, commission, council, 4985 committee, working group, task force, study group, advisory group, or other body: 4986 (i) with a defined limited membership; 4987 (ii) that is created by the constitution, by statute, by executive order, by the governor, 4988 lieutenant governor, attorney general, state auditor, or state treasurer or by the 4989 head of a department, division, or other administrative subunit of the executive 4990 branch of state government; and 4991 (iii) that is created to operate for more than six months. 4992 (c) "Inactive board" means a board that does not need to function at the present time, but 4993 may need to function in the future. 4994 (d) "Interim committee" means the same as that term is defined in Legislative Joint - 147 - H.B. 183 01-07 15:16 4995 Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative 4996 Committees. 4997 (2)(a) Except as provided in Subsection (2)(c), before August 1 of the calendar year 4998 following the year in which a new executive board is created in statute, the governor 4999 shall: 5000 (i) review the executive board to evaluate: 5001 (A) whether the executive board accomplishes a substantial governmental interest; 5002 and 5003 (B) whether it is necessary for the executive board to continue to exist; 5004 (ii) in the governor's review described in Subsection (2)(a)(i), consider: 5005 (A) the funding required for the executive board; 5006 (B) the staffing resources required for the executive board; 5007 (C) the time members of the executive board are required to commit to serve on 5008 the executive board; and 5009 (D) whether the responsibilities of the executive board could reasonably be 5010 accomplished through an existing entity or without statutory direction; and 5011 (iii) submit a report to the Government Operations Interim Committee recommending 5012 that the Legislature: 5013 (A) repeal the executive board; 5014 (B) add a sunset provision or future repeal date to the executive board; 5015 (C) make other changes to make the executive board more efficient; or 5016 (D) make no changes to the executive board. 5017 (b) In conducting the evaluation described in Subsection (2)(a), the governor shall give 5018 deference to: 5019 (i) reducing the size of government; and 5020 (ii) making governmental programs more efficient and effective. 5021 (c) The governor is not required to conduct the review or submit the report described in 5022 Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, 5023 Chapter 1, Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal 5024 Dates by Title Act. 5025 (3)(a) The governor shall designate a board and commissions administrator from the 5026 governor's staff to maintain a computerized database containing information about all 5027 executive boards. 5028 (b) The administrator shall ensure that the database contains: - 148 - 01-07 15:16 H.B. 183 5029 (i) the name of each executive board; 5030 (ii) the current statutory or constitutional authority for the creation of the executive 5031 board; 5032 (iii) the sunset date on which each executive board's statutory authority expires; 5033 (iv) the state officer or department and division of state government under whose 5034 jurisdiction the executive board operates or with which the executive board is 5035 affiliated, if any; 5036 (v) the name, address, [gender] sex, telephone number, and county of each individual 5037 currently serving on the executive board, along with a notation of all vacant or 5038 unfilled positions; 5039 (vi) the title of the position held by the person who appointed each member of the 5040 executive board; 5041 (vii) the length of the term to which each member of the executive board was 5042 appointed and the month and year that each executive board member's term 5043 expires; 5044 (viii) whether members appointed to the executive board require the advice and 5045 consent of the Senate; 5046 (ix) the organization, interest group, profession, local government entity, or 5047 geographic area that an individual appointed to an executive board represents, if 5048 any; 5049 (x) the party affiliation of an individual appointed to an executive board, if the statute 5050 or executive order creating the position requires representation from political 5051 parties; 5052 (xi) whether each executive board is a policy board or an advisory board; 5053 (xii) whether the executive board has or exercises rulemaking authority, or is a 5054 rulemaking board as defined in Section 63G-24-102; and 5055 (xiii) any compensation and expense reimbursement that members of the executive 5056 board are authorized to receive. 5057 (4) The administrator shall ensure the governor's website includes: 5058 (a) the information contained in the database, except for an individual's: 5059 (i) physical address; 5060 (ii) email address; and 5061 (iii) telephone number; 5062 (b) a portal, accessible on each executive board's web page within the governor's - 149 - H.B. 183 01-07 15:16 5063 website, through which a member of the public may provide input on: 5064 (i) an individual appointed to serve on the executive board; or 5065 (ii) a sitting member of the executive board; 5066 (c) each report the administrator receives under Subsection (5); and 5067 (d) the summary report described in Subsection (6). 5068 (5)(a) Before August 1, in each even-numbered year, each executive board shall prepare 5069 and submit to the administrator a report that includes: 5070 (i) the name of the executive board; 5071 (ii) a description of the executive board's official function and purpose; 5072 (iii) a description of the actions taken by the executive board since the last report the 5073 executive board submitted to the administrator under this Subsection (5); 5074 (iv) recommendations on whether any statutory, rule, or other changes are needed to 5075 make the executive board more effective; and 5076 (v) an indication of whether the executive board should continue to exist. 5077 (b) The administrator shall compile and post the reports described in Subsection (5)(a) to 5078 the governor's website before September 1 of a calendar year in which the 5079 administrator receives a report described in Subsection (5)(a). 5080 (6)(a) Before September 1 of a calendar year in which the administrator receives a report 5081 described in Subsection (5)(a), the administrator shall prepare a report that includes: 5082 (i) as of July 1 of that year, the total number of executive boards that exist; 5083 (ii) a summary of the reports submitted to the administrator under Subsection (5), 5084 including: 5085 (A) a list of each executive board that submitted a report under Subsection (5); 5086 (B) a list of each executive board that failed to timely submit a report under 5087 Subsection (5); 5088 (C) an indication of any recommendations made under Subsection (5)(a)(iv); 5089 (D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the 5090 executive board should no longer exist; and 5091 (E) a recommendation regarding whether the administrator recommends the 5092 executive board should continue to exist; and 5093 (iii) a list of each executive board, identified and reported by the Division of 5094 Archives and Record Services under Section 63A-16-601, that did not post a 5095 notice of a public meeting on the Utah Public Notice Website during the previous 5096 fiscal year. - 150 - 01-07 15:16 H.B. 183 5097 (b) On or before September 1 of a calendar year in which the administrator prepares a 5098 report described in Subsection (6)(a), in accordance with Section 68-3-14, the 5099 administrator shall submit the report to: 5100 (i) the president of the Senate; 5101 (ii) the speaker of the House of Representatives; and 5102 (iii) the Government Operations Interim Committee. 5103 (c)(i) Within 60 days after the day on which an executive board fails to timely submit 5104 a report under Subsection (5), a legislative interim committee shall conduct a 5105 review to determine whether to recommend repeal of the executive board. 5106 (ii) The Office of Legislative Research and General Counsel shall notify the chairs of 5107 an interim committee whose subject area most closely relates to an executive 5108 board described in Subsection (6)(c)(i) of: 5109 (A) the name of the board; 5110 (B) information regarding the function of the board; and 5111 (C) the deadline by which the interim committee is required to conduct a review 5112 described in Subsection (6)(c)(i). 5113 (iii) If there is not an interim committee with a subject area relating to the executive 5114 board, or if the interim committee described in Subsection (6)(c)(ii) is unable to 5115 timely conduct the review described in Subsection (6)(c), the Government 5116 Operations Interim Committee shall conduct the review. 5117 (iv) If an interim committee recommends that an executive board described in 5118 Subsection (6)(c)(i) be repealed, the Office of Legislative Research and General 5119 Counsel shall draft a bill repealing the executive board. 5120 (7) The Legislature may not create an executive board except through a bill that receives a 5121 favorable recommendation by unanimous vote of an interim committee. 5122 (8) Except for an executive board created by the Utah Constitution, an interim committee 5123 may determine that an executive board is an inactive board and recommend that the 5124 governor deactivate the executive board. 5125 (9) Except for an executive board created by the Utah Constitution, an interim committee 5126 may recommend that the governor reactivate a deactivated executive board. 5127 (10) If an interim committee recommends that the governor deactivate or reactivate an 5128 executive board, the chairs of the interim committee shall submit a written notice 5129 identifying the name of the executive board and the reason for the recommendation to: 5130 (a) the governor; - 151 - H.B. 183 01-07 15:16 5131 (b) the chairs of the Legislative Management Committee; 5132 (c) the administrator, as defined in Section 67-1-2.5; and 5133 (d) the executive branch agency that oversees the board. 5134 (11) Except for an executive board created by the Utah Constitution, the Legislature may 5135 deactivate or reactivate an executive board by concurrent resolution. 5136 (12)(a) Except as provided in Subsection (12)(c), the governor may determine that an 5137 executive board is an inactive board: 5138 (i) in response to the recommendation of an interim committee; or 5139 (ii) based on the governor's own determination. 5140 (b) Except as provided in Subsection (12)(c), if the governor determines that an 5141 executive board is an inactive board, the governor may deactivate the executive board. 5142 (c) The governor may not deactivate an executive board if: 5143 (i) the executive board is created by the Utah Constitution; 5144 (ii) within the previous one-year period, the Legislature created the executive board, 5145 reauthorized the executive board, or, by concurrent resolution, reactivated the 5146 executive board; or 5147 (iii) the board is created by a statute that expressly prohibits the governor from 5148 deactivating the executive board. 5149 (d) An executive board that the governor deactivates under Subsection (12)(b), or that 5150 the Legislature deactivates by concurrent resolution, may not take an action or fulfill 5151 a duty that the executive board is otherwise statutorily authorized to take or fulfill. 5152 (13)(a) Except as provided in Subsection (13)(c), the governor may determine that a 5153 deactivated executive board should be reactivated. 5154 (b) Except as provided in Subsection (13)(c), if the governor determines that a 5155 deactivated executive board should be reactivated, the governor may reactivate the 5156 executive board. 5157 (c) The governor may not reactivate an executive board if: 5158 (i) within the previous one-year period, the Legislature deactivated the executive 5159 board by concurrent resolution; or 5160 (ii) the board is created by a statute that expressly prohibits the governor from 5161 reactivating the executive board. 5162 (d) An executive board that the governor reactivates under Subsection (13)(b), or that 5163 the Legislature reactivates by concurrent resolution, may take an action or fulfill a 5164 duty that the executive board is statutorily authorized to take or fulfill. - 152 - 01-07 15:16 H.B. 183 5165 (14) Before the governor deactivates or reactivates an executive board under this section, 5166 the governor shall submit a written notice identifying the name of the board and the 5167 reason the governor has determined to deactivate or reactivate the executive board to: 5168 (a) the chairs of the Legislative Management Committee; 5169 (b) the chairs of the Government Operations Interim Committee; 5170 (c) the administrator, as defined in Section 67-1-2.5; and 5171 (d) the executive branch agency that oversees the board. 5172 Section 73. Section 67-1-11 is amended to read: 5173 67-1-11 (Effective 05/06/26). Sex balance in appointing board members. 5174 (1) As used in this section, "appointing authority" means the speaker of the House, the 5175 president of the Senate, the governor, the governor's designee, nominating committee, or 5176 executive branch officer or other body empowered by statute or rule to make any 5177 appointment or nomination for appointment to any board, committee, bureau, 5178 commission, council, panel, or other entity. 5179 (2) In making a nomination, appointment, or reappointment to fill a vacancy on any board, 5180 committee, bureau, commission, council, or other entity, the appointing authority shall 5181 strongly consider nominating, appointing, or reappointing a qualified individual whose [ 5182 gender] sex is in the minority on that entity. 5183 Section 74. Section 76-3-203.14 is amended to read: 5184 76-3-203.14 (Effective 05/06/26). Victim targeting penalty enhancement -- 5185 Penalties. 5186 (1) As used in this section, "personal attribute" means: 5187 (a) age; 5188 (b) ancestry; 5189 (c) disability; 5190 (d) ethnicity; 5191 (e) familial status; 5192 [(f) gender identity;] 5193 [(g)] (f) homelessness; 5194 [(h)] (g) marital status; 5195 [(i)] (h) matriculation; 5196 [(j)] (i) national origin; 5197 [(k)] (j) political expression; 5198 [(l)] (k) race; - 153 - H.B. 183 01-07 15:16 5199 [(m)] (l) religion; 5200 [(n)] (m) sex; 5201 [(o)] (n) sexual orientation; 5202 [(p)] (o) service in the U.S. Armed Forces; 5203 [(q)] (p) status as an emergency responder, as defined in Section 53-2b-102; or 5204 [(r)] (q) status as a law enforcement officer, correctional officer, special function officer, 5205 or any other peace officer, as defined in Title 53, Chapter 13, Peace Officer 5206 Classifications. 5207 (2) A defendant is subject to enhanced penalties under Subsection (3) if the defendant 5208 intentionally selects: 5209 (a) the victim of the criminal offense because of the defendant's belief or perception 5210 regarding the victim's personal attribute or a personal attribute of another individual 5211 or group of individuals with whom the victim has a relationship; or 5212 (b) the property damaged or otherwise affected by the criminal offense because of the 5213 defendant's belief or perception regarding the property owner's, possessor's, or 5214 occupant's personal attribute or a personal attribute of another individual or group of 5215 individuals with whom the property owner, possessor, or occupant has a relationship. 5216 (3)(a) If the trier of fact finds beyond a reasonable doubt that a defendant committed a 5217 criminal offense and selected the victim or property damaged or otherwise affected 5218 by the criminal offense in the manner described in Subsection (2), the defendant is 5219 subject to an enhanced penalty for the criminal offense as follows: 5220 (i) a class C misdemeanor is a class B misdemeanor; 5221 (ii) a class B misdemeanor is a class A misdemeanor; 5222 (iii) a class A misdemeanor is a third degree felony; 5223 (iv) a third degree felony is a third degree felony punishable by an indeterminate term 5224 of imprisonment for not less than one year nor more than five years; and 5225 (v) a second degree felony is a second degree felony punishable by an indeterminate 5226 term of imprisonment for not less than two years nor more than 15 years. 5227 (b) If the trier of fact finds beyond a reasonable doubt that a defendant committed a 5228 criminal offense that is a first degree felony and selected the victim or property 5229 damaged or otherwise affected by the criminal offense in the manner described in 5230 Subsection (2), the sentencing judge or the Board of Pardons and Parole shall 5231 consider the defendant's selection of the victim or property as an aggravating factor. 5232 (4) This section does not: - 154 - 01-07 15:16 H.B. 183 5233 (a) apply if: 5234 (i) the penalty for the criminal offense is increased or enhanced under another 5235 provision of state law; or 5236 (ii) the personal attribute of the victim or property owner, possessor, or occupant is 5237 an element of a criminal offense under another provision of state law; 5238 (b) prevent the court from imposing alternative sanctions as the court finds appropriate; 5239 (c) affect or limit any individual's constitutional right to the lawful expression of free 5240 speech or other recognized rights secured by the Utah Constitution or the laws of the 5241 state, or by the United States Constitution or the laws of the United States; or 5242 (d) create a special or protected class for any purpose other than a criminal penalty 5243 enhancement under this section. 5244 (5)(a) If a final decision of a court of competent jurisdiction holds invalid any provision 5245 of this section or the application of any provision of this section to any person or 5246 circumstance, the remaining provisions of this section remain effective without the 5247 invalidated provision or application. 5248 (b) The provisions of this section are severable. 5249 Section 75. Section 76-5d-101 is amended to read: 5250 76-5d-101 (Effective 05/06/26). Definitions. 5251 As used in this chapter: 5252 (1) "Adult" is an individual who is 18 years old or older. 5253 (2) "Child" is an individual younger than 18 years old. 5254 (3) "Female breast" means the undeveloped, partially developed, or developed breast of a 5255 female individual. 5256 (4) "HIV infection" means an indication of a Human Immunodeficiency Virus (HIV) 5257 infection determined by current medical standards and detected by any of the following: 5258 (a) presence of antibodies to HIV, verified by a positive confirmatory test, such as 5259 Western blot with an interpretation based on criteria currently recommended by the 5260 Association of State and Territorial Public Health Laboratory Directors or another 5261 confirmatory test approved by the Utah State Health Laboratory; 5262 (b) presence of HIV antigen; 5263 (c) isolation of HIV; or 5264 (d) demonstration of HIV proviral DNA. 5265 (5) "HIV positive individual" means an individual who has an HIV infection. 5266 (6) "Local law enforcement agency" means an agency responsible for investigating - 155 - H.B. 183 01-07 15:16 5267 violations of offenses in Part 2, General Offenses, the filing of charges that may lead to 5268 convictions, and the conducting of, or obtaining the results of, tests for HIV infection. 5269 (7) "Positive" means an indication of HIV infection. 5270 (8) "Prostituted individual" means an individual engaged in prostitution or sexual 5271 solicitation. 5272 (9) "Prostitution" means engaging in sexual activity with another individual in exchange for 5273 a fee or the functional equivalent of a fee. 5274 (10) "Public place" means a place to which the public or any substantial group of the public 5275 has access. 5276 (11) "Sexual activity" means, regardless of the [gender] sex of either participant: 5277 (a) an act of masturbation, sexual intercourse, or any sexual act involving the genitals of 5278 one individual and the mouth or anus of another individual; or 5279 (b) the touching of the genitals, female breast, or anus of one individual with any other 5280 body part of another individual with the intent to sexually arouse or gratify either 5281 individual. 5282 (12) "Sexual solicitation" means the conduct described in Section 76-5d-209, sexual 5283 solicitation by an actor offering to engage in sexual activity for compensation. 5284 (13) "Test" means a test for HIV infection in accordance with standards recommended by 5285 the Department of Health and Human Services. 5286 Section 76. Section 77-7-17.5 is amended to read: 5287 77-7-17.5 (Effective 05/06/26). Physical body cavity search policy -- 5288 Requirements. 5289 (1) As used in this section: 5290 (a) "Arrestee" means an individual who is in the custody of law enforcement for an 5291 offense for which the individual has not been convicted. 5292 (b)(i) "Body cavity" includes the anus, rectum, vagina, esophagus, or stomach. 5293 (ii) "Body cavity" does not include the mouth, ear canal, or nasal passages. 5294 (c)(i) "Physical body cavity search" means a search of a body cavity of an individual 5295 that involves touching the individual with: 5296 (A) any part of another individual's body; or 5297 (B) an instrument or other item. 5298 (ii) "Physical body cavity search" does not include a clothed, pat down search. 5299 (2) Each county jail shall adopt and implement a policy that meets the minimum standards 5300 contained in a model policy established by the Commission on Criminal and Juvenile - 156 - 01-07 15:16 H.B. 183 5301 Justice. 5302 (3) The model policy shall specify the minimum standards and procedures to be followed 5303 by the county jail when a body cavity search is performed on an arrestee within the 5304 county jail's jurisdiction, including: 5305 (a) stating with specificity the circumstances under which a body cavity search may be 5306 performed on an arrestee; 5307 (b) designating who may authorize the performance of a body cavity search; 5308 (c) designating specific jail staff or medical personnel who may perform a body cavity 5309 search; 5310 (d) requiring any nonmedically trained jail staff who may perform a body cavity search 5311 to be trained on safe practices for conducting a body cavity search; 5312 (e) requiring documentation of each body cavity search performed at the correctional 5313 facility, including: 5314 (i) the identity of the arrestee searched; 5315 (ii) the date, time, and location of the search; 5316 (iii) the identity of the individual performing the search; 5317 (iv) the identity of the individual authorizing the search; 5318 (v) a description of the body areas searched and the procedures followed in 5319 performing the search; and 5320 (vi) the circumstances necessitating the body cavity search; and 5321 (f) designating rules and procedures to be followed, by authorized staff, when 5322 performing a body cavity search that account for the health and privacy interests of 5323 the arrestee, including: 5324 (i) the location where a body cavity search must be performed; 5325 (ii) the [gender] sex requirements of the individuals who perform or observe the 5326 search in relation to the [gender] sex of the arrestee being searched; and 5327 (iii) methods to ensure the body cavity search is conducted with the minimal amount 5328 of touching necessary to effectuate the purposes of the search. 5329 (4) A county jail's body cavity search policy is a public record. 5330 Section 77. Section 78A-2-110 is amended to read: 5331 78A-2-110 (Effective 05/06/26). Databases for judicial boards. 5332 (1) As used in this section, "judicial board" means any judicial branch board, commission, 5333 council, committee, working group, task force, study group, advisory group, or other 5334 body with a defined limited membership that is created to operate for more than six - 157 - H.B. 183 01-07 15:16 5335 months by: 5336 (a) the constitution; 5337 (b) statute; 5338 (c) judicial order; 5339 (d) any justice or judge; 5340 (e) the Judicial Council; 5341 (f) the state court administrator, a district court administrator, trial court executive, or a 5342 business and chancery court administrator; or 5343 (g) any clerk or administrator in the judicial branch of state government. 5344 (2) The Judicial Council shall designate an individual from the Judicial Council's staff to 5345 maintain a computerized database containing information about all judicial boards. 5346 (3) The individual designated to maintain the database shall: 5347 (a) ensure that the database contains: 5348 (i) the name of the judicial board; 5349 (ii) the statutory or constitutional authority for the creation of the judicial board; 5350 (iii) the court or other judicial entity under whose jurisdiction the judicial board 5351 operates or with which the judicial board is affiliated, if any; 5352 (iv) the name, address, [gender] sex, telephone number, and county of each individual 5353 currently serving on the judicial board, along with a notation of all vacant or 5354 unfilled positions; 5355 (v) the title of the position held by the individual who appointed each member of the 5356 judicial board; 5357 (vi) the length of the term to which each member of the judicial board was appointed 5358 and the month and year that each judicial board member's term expires; 5359 (vii) the organization, interest group, profession, local government entity, or 5360 geographic area that the member of the judicial board represents, if any; 5361 (viii) whether or not the judicial board allocates state or federal funds and the amount 5362 of those funds allocated during the last fiscal year; 5363 (ix) whether the judicial board is a policy board or an advisory board; 5364 (x) whether or not the judicial board has or exercises rulemaking authority; and 5365 (xi) any compensation and expense reimbursement that members of the executive 5366 board are authorized to receive; 5367 (b) make the information contained in the database available to the public upon request; 5368 (c) cooperate with other entities of state government to publish the data or useful - 158 - 01-07 15:16 H.B. 183 5369 summaries of the data; 5370 (d) prepare, publish, and distribute an annual report by April 1 of each year that 5371 includes, as of March 1 of that year: 5372 (i) the total number of judicial boards; 5373 (ii) the name of each of those judicial boards and the court, council, administrator, 5374 executive, or clerk under whose jurisdiction the executive board operates or with 5375 which the judicial board is affiliated, if any; 5376 (iii) for each court, council, administrator, executive, or clerk, the total number of 5377 judicial boards under the jurisdiction of or affiliated with that court, council, 5378 administrator, executive, or clerk; 5379 (iv) the total number of members for each of those judicial boards; 5380 (v) whether each board is a policymaking board or an advisory board and the total 5381 number of policy boards and the total number of advisory boards; and 5382 (vi) the compensation, if any, paid to the members of each of those judicial boards; 5383 and 5384 (e) distribute copies of the report described in Subsection (3)(d) to: 5385 (i) the chief justice of the Utah Supreme Court; 5386 (ii) the state court administrator; 5387 (iii) the governor; 5388 (iv) the president of the Utah Senate; 5389 (v) the speaker of the Utah House; 5390 (vi) the Office of Legislative Research and General Counsel; and 5391 (vii) any other persons who request a copy of the annual report. 5392 Section 78. Section 78B-6-2401 is amended to read: 5393 78B-6-2401 (Effective 05/06/26). Definitions. 5394 As used in this part: 5395 (1) "AMA guides" means the edition of the American Medical Association's Guides to the 5396 Evaluation of Permanent Impairment in effect at the time of the performance of an 5397 examination or test on an exposed individual. 5398 (2) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite 5399 asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform 5400 amphibole minerals, and any of these minerals that have been chemically treated or 5401 altered, including all minerals defined as asbestos in 29 C.F.R. Sec. 1910 at the time the 5402 asbestos action is filed. - 159 - H.B. 183 01-07 15:16 5403 (3) "Asbestosis" means bilateral diffuse interstitial fibrosis of the lungs caused by the 5404 inhalation of asbestos fibers. 5405 (4)(a) "Asbestos action" means a claim for damages or other civil or equitable relief 5406 presented in a civil action resulting from, based on, or related to: 5407 (i) the health effects of exposure to asbestos, including: 5408 (A) loss of consortium; 5409 (B) wrongful death; 5410 (C) mental or emotional injury; 5411 (D) risk or fear of disease or other injury; and 5412 (E) costs of medical monitoring or surveillance; and 5413 (ii) any other derivative claim made by or on behalf of an individual exposed to 5414 asbestos or a representative, spouse, parent, child, or other relative of that 5415 individual. 5416 (b) "Asbestos action" does not include a claim for workers' compensation or veterans 5417 benefits. 5418 (5) "Asbestos trust" means a: 5419 (a) government-approved or court-approved trust that is intended to provide 5420 compensation to claimants arising out of, based on, or related to the health effects of 5421 exposure to asbestos or asbestos-containing products; 5422 (b) qualified settlement fund that is intended to provide compensation to claimants 5423 arising out of, based on, or related to the health effects of exposure to asbestos or 5424 asbestos-containing products; 5425 (c) compensation fund or claims facility created as a result of an administrative or legal 5426 action that is intended to provide compensation to claimants arising out of, based on, 5427 or related to the health effects of exposure to asbestos or asbestos-containing 5428 products; 5429 (d) court-approved bankruptcy that is intended to provide compensation to claimants 5430 arising out of, based on, or related to the health effects of exposure to asbestos or 5431 asbestos-containing products; or 5432 (e) plan of reorganization or trust pursuant to 11 U.S.C. Sec. 524(g) or 11 U.S.C. Sec. 5433 1121(a) or other applicable provision of law that is intended to provide compensation 5434 to claimants arising out of, based on, or related to the health effects of exposure to 5435 asbestos or asbestos-containing products. 5436 (6) "ATS testing standards" means the official technical statements from the American - 160 - 01-07 15:16 H.B. 183 5437 Thoracic Society for pulmonary function testing in effect at the time of the performance 5438 of an examination or test on an exposed individual. 5439 (7) "Board-certified physician in internal medicine" means a licensed physician who is 5440 certified by the American Board of Internal Medicine or the American Osteopathic 5441 Board of Internal Medicine. 5442 (8) "Board-certified physician in occupational medicine" means a licensed physician who is 5443 certified in the specialty of: 5444 (a) occupational medicine by the American Board of Preventative Medicine; or 5445 (b) occupational and environmental medicine by the American Osteopathic Board of 5446 Preventative Medicine. 5447 (9) "Board-certified physician in pathology" means a licensed physician: 5448 (a) who holds primary certification in anatomic pathology or clinical pathology from the 5449 American Board of Pathology or the American Osteopathic Board of Pathology; and 5450 (b) whose professional practice is principally in the field of pathology involving regular 5451 evaluation of pathology materials obtained from surgical or postmortem specimens. 5452 (10) "Board-certified physician in pulmonary medicine" means a licensed physician who is 5453 certified in the specialty of pulmonary medicine by the American Board of Internal 5454 Medicine or the American Osteopathic Board of Internal Medicine. 5455 (11) "Certified B reader" means a physician who is certified as a B reader by the National 5456 Institute for Occupational Safety and Health. 5457 (12) "Chest x-ray" means a chest film taken in accordance with applicable state and federal 5458 laws and taken in the posterior-anterior view. 5459 (13) "Exposed individual" means an individual whose exposure to asbestos is the basis for 5460 the asbestos action. 5461 (14) "FEV1" means the maximal volume of air expelled in the first second during 5462 performance of spirometry. 5463 (15) "FEV1/FVC ratio" means the ratio that is calculated from FEV1 divided by FVC. 5464 (16) "FVC" means the maximal volume of air expired with maximum effort from a position 5465 of full inspiration. 5466 (17) "ILO system" means the system for the classification of chest x-rays provided in the 5467 International Labour Office's Guidelines for the Use of ILO International Classification 5468 of Radiographs of Pneumoconioses in effect at the time of the performance of an 5469 examination or test on an exposed individual. 5470 (18) "Law firm" means a person that employs a lawyer. - 161 - H.B. 183 01-07 15:16 5471 (19) "Lawyer" means an individual who is authorized to provide legal services in any state 5472 or territory of the United States. 5473 (20)(a) "Nonmalignant condition" means a condition that may be caused by asbestos 5474 other than a diagnosed cancer. 5475 (b) "Nonmalignant condition" does not include asbestos-related lung cancer 5476 accompanied by asbestosis. 5477 (21) "Pathological evidence of asbestosis" means a statement by a board-certified physician 5478 in pathology that more than one representative section of lung tissue demonstrates a 5479 pattern of peribronchiolar or parenchymal scarring in the presence of characteristic 5480 asbestos bodies and there is no other more likely explanation for the presence of the 5481 fibrosis. 5482 (22) "Plaintiff" means: 5483 (a) the person bringing the asbestos action, including a personal representative if the 5484 asbestos action is brought by an estate; or 5485 (b) a conservator or next friend if the asbestos action is brought on behalf of a minor or 5486 legally incapacitated individual. 5487 (23) "Plethysmography" means the test for determining lung volume in which the exposed 5488 individual is enclosed in a chamber equipped to measure pressure, flow, or volume 5489 change. 5490 (24) "Predicted lower limit of normal" means the fifth percentile of healthy populations 5491 based on age, height, and [gender] sex as referenced in the AMA guides. 5492 (25) "Pulmonary function testing" means spirometry, lung volume testing, and diffusion 5493 capacity testing, including appropriate measurements, quality control data, and graphs, 5494 that are performed in accordance with the methods of calibration and techniques 5495 provided in the AMA guides and the ATS testing standards in effect at the time of the 5496 performance of a test on an exposed individual. 5497 (26) "Qualified physician" means a licensed physician who: 5498 (a) is a board-certified physician in internal medicine, a board-certified physician in 5499 occupational medicine, a board-certified physician in pathology, or a board-certified 5500 physician in pulmonary medicine, as is appropriate to the diagnostic specialty in 5501 question; 5502 (b)(i) conducted a physical examination of the exposed individual and took a detailed 5503 occupational, exposure, medical, smoking, and social history from the exposed 5504 individual; or - 162 - 01-07 15:16 H.B. 183 5505 (ii) if the exposed individual is deceased, reviewed the pathology material and took a 5506 detailed history from the individual most knowledgeable about the information 5507 forming the basis of the asbestos action; 5508 (c)(i) treated the exposed individual and had a physician-patient relationship with the 5509 exposed individual at the time of the physical examination; or 5510 (ii) if the licensed physician is a board-certified physician in pathology, examined 5511 tissue samples or pathological slides of the exposed individual; 5512 (d) prepared or directly supervised the preparation and final review of a medical report 5513 under this part; and 5514 (e) has not relied on any examinations, tests, radiographs, reports, or opinions of a 5515 doctor, clinic, laboratory, or testing company that performed an examination, test, 5516 radiograph, or screening of the exposed individual in violation of a law, regulation, 5517 licensing requirement, or medical ethics requirement of the state in which the 5518 examination, test, radiograph, or screening of the exposed individual was conducted. 5519 (27) "Radiological evidence of asbestosis" means a quality 1 or 2 chest x-ray showing 5520 bilateral small, irregular opacities, classified by width as s, t, or u, that occur primarily in 5521 the lower lung zones graded by a certified B reader as at least 1/0 on the ILO system. 5522 (28) "Radiological evidence of diffuse bilateral pleural thickening" means a quality 1 or 2 5523 chest x-ray showing diffuse bilateral pleural thickening of at least b2 on the ILO system 5524 and blunting of at least one costophrenic angle as classified by a certified B reader. 5525 (29) "Spirometry" means a test of air capacity of the lung through a spirometer that 5526 measures the volume of air inspired and expired. 5527 (30) "Supporting test results" means a report by a certified B reader, x-ray examinations, 5528 diagnostic imaging of the chest, pathology reports, pulmonary function testing, and other 5529 tests, which are reviewed by the diagnosing physician or qualified physician in reaching 5530 the physician's conclusions. 5531 (31) "Sworn declaration" means the same as that term is defined in Section 78B-18a-102. 5532 (32) "Timed gas dilution" means a method for measuring total lung capacity in which the 5533 individual breaths into a spirometer containing a known concentration of an inert and 5534 insoluble gas for a specific time and the concentration of that inert and insoluble gas in 5535 the lung is compared to the concentration of that type of gas in the spirometer. 5536 (33) "Total lung capacity" means the volume of gas contained in the lungs at the end of the 5537 maximal inspiration. 5538 (34) "Trust claims materials" means a final executed proof of claim and all other documents - 163 - H.B. 183 01-07 15:16 5539 and information related to a claim against an asbestos trust, including: 5540 (a) claims forms and supplementary materials; 5541 (b) affidavits; 5542 (c) depositions and trial testimony; 5543 (d) work history; 5544 (e) medical and health records; 5545 (f) documents reflecting the status of a claim against an asbestos trust; and 5546 (g) all documents relating to the settlement of the trust claim if the trust claim has settled. 5547 (35) "Trust governance documents" means all documents that relate to eligibility and 5548 payment levels, including: 5549 (a) claims payment matrices; and 5550 (b) trust distribution procedures or plans for reorganization for an asbestos trust. 5551 (36) " Veterans benefits" means a program for benefits in connection with military service 5552 administered by the United States Department of Veterans Affairs under United States 5553 Code, Title 38, Veterans Benefits. 5554 (37)(a) "Workers' compensation" means a program administered by the United States or 5555 a state to provide benefits, funded by a responsible employer or the employer's 5556 insurance carrier, for occupational diseases or injuries or for disability or death 5557 caused by occupational diseases or injuries. 5558 (b) "Workers' compensation" includes the Longshore and Harbor Workers' 5559 Compensation Act, 33 U.S.C. Sec. 901 et seq., and Federal Employees' 5560 Compensation Act, 5 U.S.C. Sec. 8101 et seq. 5561 (c) "Workers' compensation" does not include the Federal Employers' Liability Act, 45 5562 U.S.C. Sec. 51 et seq. 5563 Section 79. Section 79-2-203 is amended to read: 5564 79-2-203 (Effective 05/06/26). Policy board members. 5565 (1) Members of a policy board within the department shall be appointed consistent with the 5566 following criteria: 5567 (a) geographical distribution; 5568 (b) expertise or personal experience with subject matter; 5569 (c) diversity of opinion and political preference; and 5570 (d) [gender] sex, cultural, and ethnic representation. 5571 (2) The governor may remove a member at any time for official misconduct, habitual or 5572 willful neglect of duty, or for other good and sufficient cause. - 164 - 01-07 15:16 H.B. 183 5573 (3) No member of the Legislature may serve as a member of a division policy board. 5574 (4)(a) In addition to the disclosures required by Section 67-16-7, a board member shall 5575 disclose any conflict of interest to the board. 5576 (b) Notwithstanding Section 67-16-9, a board member with a substantial conflict may 5577 serve on the board if the member refrains from voting on a board action when the 5578 conflict involves: 5579 (i) a direct financial interest in the subject under consideration; or 5580 (ii) an entity or asset that could be substantially affected by the outcome of board 5581 action. 5582 Section 80. Section 80-1-102 is amended to read: 5583 80-1-102 (Effective 05/06/26). Juvenile Code definitions. 5584 Except as provided in Section 80-6-1103, as used in this title: 5585 (1)(a) "Abuse" means: 5586 (i)(A) nonaccidental harm of a child; 5587 (B) threatened harm of a child; 5588 (C) sexual exploitation; 5589 (D) sexual abuse; or 5590 (E) human trafficking of a child in violation of Section 76-5-308.5; or 5591 (ii) that a child's parent: 5592 (A) intentionally, knowingly, or recklessly causes the death of another parent of 5593 the child; 5594 (B) is identified by a law enforcement agency as the primary suspect in an 5595 investigation for intentionally, knowingly, or recklessly causing the death of 5596 another parent of the child; or 5597 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or 5598 recklessly causing the death of another parent of the child. 5599 (b) "Abuse" does not include: 5600 (i) reasonable discipline or management of a child, including withholding privileges; 5601 (ii) conduct described in Section 76-2-401; or 5602 (iii) the use of reasonable and necessary physical restraint or force on a child: 5603 (A) in self-defense; 5604 (B) in defense of others; 5605 (C) to protect the child; or 5606 (D) to remove a weapon in the possession of a child for any of the reasons - 165 - H.B. 183 01-07 15:16 5607 described in Subsections (1)(b)(iii)(A) through (C). 5608 (2) "Abused child" means a child who has been subjected to abuse. 5609 (3)(a) "Adjudication" means, except as provided in Subsection (3)(b): 5610 (i) for a delinquency petition or criminal information under Chapter 6, Juvenile 5611 Justice: 5612 (A) a finding by the juvenile court that the facts alleged in a delinquency petition 5613 or criminal information alleging that a minor committed an offense have been 5614 proved; 5615 (B) an admission by a minor in the juvenile court as described in Section 80-6-306; 5616 or 5617 (C) a plea of no contest by minor in the juvenile court; or 5618 (ii) for all other proceedings under this title, a finding by the juvenile court that the 5619 facts alleged in the petition have been proved. 5620 (b) "Adjudication" does not include: 5621 (i) an admission by a minor described in Section 80-6-306 until the juvenile court 5622 enters the minor's admission; or 5623 (ii) a finding of not competent to proceed in accordance with Section 80-6-402. 5624 (4)(a) "Adult" means an individual who is 18 years old or older. 5625 (b) "Adult" does not include an individual: 5626 (i) who is 18 years old or older; and 5627 (ii) who is a minor. 5628 (5) "Attorney guardian ad litem" means the same as that term is defined in Section 5629 78A-2-801. 5630 (6) "Board" means the Board of Juvenile Court Judges. 5631 (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18 5632 years old. 5633 (8) "Child and family plan" means a written agreement between a child's parents or 5634 guardian and the Division of Child and Family Services as described in Section 80-3-307. 5635 (9) "Child placing" means the same as that term is defined in Section 26B-2-101. 5636 (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101. 5637 (11) "Child protection team" means a team consisting of: 5638 (a) the child welfare caseworker assigned to the case; 5639 (b) if applicable, the child welfare caseworker who made the decision to remove the 5640 child; - 166 - 01-07 15:16 H.B. 183 5641 (c) a representative of the school or school district where the child attends school; 5642 (d) if applicable, the law enforcement officer who removed the child from the home; 5643 (e) a representative of the appropriate Children's Justice Center, if one is established 5644 within the county where the child resides; 5645 (f) if appropriate, and known to the division, a therapist or counselor who is familiar 5646 with the child's circumstances; 5647 (g) if appropriate, a representative of law enforcement selected by the chief of police or 5648 sheriff in the city or county where the child resides; and 5649 (h) any other individuals determined appropriate and necessary by the team coordinator 5650 and chair. 5651 (12)(a) "Chronic abuse" means repeated or patterned abuse. 5652 (b) "Chronic abuse" does not mean an isolated incident of abuse. 5653 (13)(a) "Chronic neglect" means repeated or patterned neglect. 5654 (b) "Chronic neglect" does not mean an isolated incident of neglect. 5655 (14) "Clandestine laboratory operation" means the same as that term is defined in Section 5656 58-37d-3. 5657 (15) "Commit" or "committed" means, unless specified otherwise: 5658 (a) with respect to a child, to transfer legal custody; and 5659 (b) with respect to a minor who is at least 18 years old, to transfer custody. 5660 (16) "Community-based program" means a nonsecure residential or nonresidential program, 5661 designated to supervise and rehabilitate juvenile offenders, that prioritizes the least 5662 restrictive setting, consistent with public safety, and operated by or under contract with 5663 the Division of Juvenile Justice and Youth Services. 5664 (17) "Community placement" means placement of a minor in a community-based program 5665 described in Section 80-5-402. 5666 (18) "Correctional facility" means: 5667 (a) a county jail; or 5668 (b) a secure correctional facility as defined in Section 64-13-1. 5669 (19) "Criminogenic risk factors" means evidence-based factors that are associated with a 5670 minor's likelihood of reoffending. 5671 (20) "Department" means the Department of Health and Human Services created in Section 5672 26B-1-201. 5673 (21) "Dependent child" or "dependency" means a child who is without proper care through 5674 no fault of the child's parent, guardian, or custodian. - 167 - H.B. 183 01-07 15:16 5675 (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a 5676 parent or a previous custodian to another person, agency, or institution. 5677 (23) "Detention" means home detention or secure detention. 5678 (24) "Detention facility" means a facility, established by the Division of Juvenile Justice 5679 and Youth Services in accordance with Section 80-5-501, for minors held in detention. 5680 (25) "Detention risk assessment tool" means an evidence-based tool established under 5681 Section 80-5-203 that: 5682 (a) assesses a minor's risk of failing to appear in court or reoffending before 5683 adjudication; and 5684 (b) is designed to assist in making a determination of whether a minor shall be held in 5685 detention. 5686 (26) "Developmental immaturity" means incomplete development in one or more domains 5687 that manifests as a functional limitation in the minor's present ability to: 5688 (a) consult with counsel with a reasonable degree of rational understanding; and 5689 (b) have a rational as well as factual understanding of the proceedings. 5690 (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor, 5691 under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. 5692 (28) "Educational neglect" means that, after receiving a notice of compulsory education 5693 violation under Section 53G-6-202, the parent or guardian fails to make a good faith 5694 effort to ensure that the child receives an appropriate education. 5695 (29) "Educational series" means an evidence-based instructional series: 5696 (a) obtained at a substance abuse program that is approved by the Division of Integrated 5697 Healthcare in accordance with Section 26B-5-104; and 5698 (b) designed to prevent substance use or the onset of a mental health disorder. 5699 (30) "Emancipated" means the same as that term is defined in Section 80-7-102. 5700 (31) "Evidence-based" means a program or practice that has had multiple randomized 5701 control studies or a meta-analysis demonstrating that the program or practice is effective 5702 for a specific population or has been rated as effective by a standardized program 5703 evaluation tool. 5704 (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2. 5705 (33) "Formal probation" means a minor is: 5706 (a) supervised in the community by, and reports to, a juvenile probation officer or an 5707 agency designated by the juvenile court; and 5708 (b) subject to return to the juvenile court in accordance with Section 80-6-607. - 168 - 01-07 15:16 H.B. 183 5709 (34) "Gender identity" means the same as that term is defined in Section [34A-5-102] 5710 53E-9-205. 5711 (35) "Group rehabilitation therapy" means psychological and social counseling of one or 5712 more individuals in the group, depending upon the recommendation of the therapist. 5713 (36) "Guardian" means a person appointed by a court to make decisions regarding a minor, 5714 including the authority to consent to: 5715 (a) marriage; 5716 (b) enlistment in the armed forces; 5717 (c) major medical, surgical, or psychiatric treatment; or 5718 (d) legal custody, if legal custody is not vested in another individual, agency, or 5719 institution. 5720 (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801. 5721 (38) "Harm" means: 5722 (a) physical or developmental injury or damage; 5723 (b) emotional damage that results in a serious impairment in the child's growth, 5724 development, behavior, or psychological functioning; 5725 (c) sexual abuse; or 5726 (d) sexual exploitation. 5727 (39) "Home detention" means placement of a minor: 5728 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent 5729 of the minor's parent, guardian, or custodian, under terms and conditions established 5730 by the Division of Juvenile Justice and Youth Services or the juvenile court; or 5731 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the 5732 minor's home, or in a surrogate home with the consent of the minor's parent, 5733 guardian, or custodian, under terms and conditions established by the Division of 5734 Juvenile Justice and Youth Services or the juvenile court. 5735 (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the 5736 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, 5737 aunt, nephew, niece, or first cousin. 5738 (b) "Incest" includes: 5739 (i) blood relationships of the whole or half blood, regardless of whether the 5740 relationship is legally recognized; 5741 (ii) relationships of parent and child by adoption; and 5742 (iii) relationships of stepparent and stepchild while the marriage creating the - 169 - H.B. 183 01-07 15:16 5743 relationship of a stepparent and stepchild exists. 5744 (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903. 5745 (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903. 5746 (43) "Indigent defense service provider" means the same as that term is defined in Section 5747 78B-22-102. 5748 (44) "Indigent defense services" means the same as that term is defined in Section 5749 78B-22-102. 5750 (45) "Indigent individual" means the same as that term is defined in Section 78B-22-102. 5751 (46)(a) "Intake probation" means a minor is: 5752 (i) monitored by a juvenile probation officer; and 5753 (ii) subject to return to the juvenile court in accordance with Section 80-6-607. 5754 (b) "Intake probation" does not include formal probation. 5755 (47) "Intellectual disability" means a significant subaverage general intellectual functioning 5756 existing concurrently with deficits in adaptive behavior that constitutes a substantial 5757 limitation to the individual's ability to function in society. 5758 (48) "Juvenile offender" means: 5759 (a) a serious youth offender; or 5760 (b) a youth offender. 5761 (49) "Juvenile probation officer" means a probation officer appointed under Section 5762 78A-6-205. 5763 (50) "Juvenile receiving center" means a nonsecure, nonresidential program established by 5764 the Division of Juvenile Justice and Youth Services, or under contract with the Division 5765 of Juvenile Justice and Youth Services, that is responsible for minors taken into 5766 temporary custody under Section 80-6-201. 5767 (51) "Legal custody" means a relationship embodying: 5768 (a) the right to physical custody of the minor; 5769 (b) the right and duty to protect, train, and discipline the minor; 5770 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary 5771 medical care; 5772 (d) the right to determine where and with whom the minor shall live; and 5773 (e) the right, in an emergency, to authorize surgery or other extraordinary[ ] care. 5774 (52) "Licensing Information System" means the Licensing Information System maintained 5775 by the Division of Child and Family Services under Section 80-2-1002. 5776 (53) "Management Information System" means the Management Information System - 170 - 01-07 15:16 H.B. 183 5777 developed by the Division of Child and Family Services under Section 80-2-1001. 5778 (54) "Mental illness" means: 5779 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, 5780 behavioral, or related functioning; or 5781 (b) the same as that term is defined in: 5782 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders 5783 published by the American Psychiatric Association; or 5784 (ii) the current edition of the International Statistical Classification of Diseases and 5785 Related Health Problems. 5786 (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: 5787 (a) a child; or 5788 (b) an individual: 5789 (i)(A) who is at least 18 years old and younger than 21 years old; and 5790 (B) for whom the Division of Child and Family Services has been specifically 5791 ordered by the juvenile court to provide services because the individual was an 5792 abused, neglected, or dependent child or because the individual was 5793 adjudicated for an offense; 5794 (ii)(A) who is at least 18 years old and younger than 25 years old; and 5795 (B) whose case is under the jurisdiction of the juvenile court in accordance with 5796 Subsection 78A-6-103(1)(b); or 5797 (iii)(A) who is at least 18 years old and younger than 21 years old; and 5798 (B) whose case is under the jurisdiction of the juvenile court in accordance with 5799 Subsection 78A-6-103(1)(c). 5800 (56) "Mobile crisis outreach team" means the same as that term is defined in Section 5801 26B-5-101. 5802 (57) "Molestation" means that an individual, with the intent to arouse or gratify the sexual 5803 desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, 5804 or the breast of a female child, or takes indecent liberties with a child as defined in 5805 Section 76-5-401.1. 5806 (58)(a) "Neglect" means action or inaction causing: 5807 (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe 5808 Relinquishment of a Newborn Child; 5809 (ii) lack of proper parental care of a child by reason of the fault or habits of the 5810 parent, guardian, or custodian; - 171 - H.B. 183 01-07 15:16 5811 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or 5812 necessary subsistence or medical care, or any other care necessary for the child's 5813 health, safety, morals, or well-being; 5814 (iv) a child to be at risk of being neglected or abused because another child in the 5815 same home is neglected or abused; 5816 (v) abandonment of a child through an unregulated child custody transfer under 5817 Section 81-14-203; or 5818 (vi) educational neglect. 5819 (b) "Neglect" does not include: 5820 (i) a parent or guardian legitimately practicing religious beliefs and who, for that 5821 reason, does not provide specified medical treatment for a child; 5822 (ii) a health care decision made for a child by the child's parent or guardian, unless 5823 the state or other party to a proceeding shows, by clear and convincing evidence, 5824 that the health care decision is not reasonable and informed; 5825 (iii) a parent or guardian exercising the right described in Section 80-3-304; or 5826 (iv) permitting a child, whose basic needs are met and who is of sufficient age and 5827 maturity to avoid harm or unreasonable risk of harm, to engage in independent 5828 activities, including: 5829 (A) traveling to and from school, including by walking, running, or bicycling; 5830 (B) traveling to and from nearby commercial or recreational facilities; 5831 (C) engaging in outdoor play; 5832 (D) remaining in a vehicle unattended, except under the conditions described in 5833 Subsection 76-5-115(2); 5834 (E) remaining at home unattended; or 5835 (F) engaging in a similar independent activity. 5836 (59) "Neglected child" means a child who has been subjected to neglect. 5837 (60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation 5838 officer, without an adjudication of the minor's case under Section 80-6-701, upon the 5839 consent in writing of: 5840 (a) the assigned juvenile probation officer; and 5841 (b)(i) the minor; or 5842 (ii) the minor and the minor's parent, guardian, or custodian. 5843 (61) "Not competent to proceed" means that a minor, due to a mental illness, intellectual 5844 disability or related condition, or developmental immaturity, lacks the ability to: - 172 - 01-07 15:16 H.B. 183 5845 (a) understand the nature of the proceedings against the minor or of the potential 5846 disposition for the offense charged; or 5847 (b) consult with counsel and participate in the proceedings against the minor with a 5848 reasonable degree of rational understanding. 5849 (62)(a) "Parent" means, except as provided in Section 80-3-302, an individual with a 5850 parent-child relationship to a minor under Section 81-5-201. 5851 (b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101. 5852 (63) "Parole" means a conditional release of a juvenile offender from residency in secure 5853 care to live outside of secure care under the supervision of the Division of Juvenile 5854 Justice and Youth Services, or another person designated by the Division of Juvenile 5855 Justice and Youth Services. 5856 (64) "Physical abuse" means abuse that results in physical injury or damage to a child. 5857 (65)(a) "Probation" means a legal status created by court order, following an 5858 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the 5859 minor's home under prescribed conditions. 5860 (b) "Probation" includes intake probation or formal probation. 5861 (66) "Prosecuting attorney" means: 5862 (a) the attorney general and any assistant attorney general; 5863 (b) any district attorney or deputy district attorney; 5864 (c) any county attorney or assistant county attorney; and 5865 (d) any other attorney authorized to commence an action on behalf of the state. 5866 (67) "Protective custody" means the shelter of a child by the Division of Child and Family 5867 Services from the time the child is removed from the home until the earlier of: 5868 (a) the day on which the shelter hearing is held under Section 80-3-301; or 5869 (b) the day on which the child is returned home. 5870 (68) "Protective services" means expedited services that are provided: 5871 (a) in response to evidence of neglect, abuse, or dependency of a child; 5872 (b) to a cohabitant who is neglecting or abusing a child, in order to: 5873 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the 5874 causes of neglect or abuse; and 5875 (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and 5876 (c) in cases where the child's welfare is endangered: 5877 (i) to bring the situation to the attention of the appropriate juvenile court and law 5878 enforcement agency; - 173 - H.B. 183 01-07 15:16 5879 (ii) to cause a protective order to be issued for the protection of the child, when 5880 appropriate; and 5881 (iii) to protect the child from the circumstances that endanger the child's welfare 5882 including, when appropriate: 5883 (A) removal from the child's home; 5884 (B) placement in substitute care; and 5885 (C) petitioning the court for termination of parental rights. 5886 (69) "Protective supervision" means a legal status created by court order, following an 5887 adjudication on the ground of abuse, neglect, or dependency, whereby: 5888 (a) the minor is permitted to remain in the minor's home; and 5889 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided 5890 by an agency designated by the juvenile court. 5891 (70)(a) "Related condition" means a condition that: 5892 (i) is found to be closely related to intellectual disability; 5893 (ii) results in impairment of general intellectual functioning or adaptive behavior 5894 similar to that of an intellectually disabled individual; 5895 (iii) is likely to continue indefinitely; and 5896 (iv) constitutes a substantial limitation to the individual's ability to function in society. 5897 (b) "Related condition" does not include mental illness, psychiatric impairment, or 5898 serious emotional or behavioral disturbance. 5899 (71)(a) "Residual parental rights and duties" means the rights and duties remaining with 5900 a parent after legal custody or guardianship, or both, have been vested in another 5901 person or agency, including: 5902 (i) the responsibility for support; 5903 (ii) the right to consent to adoption; 5904 (iii) the right to determine the child's religious affiliation; and 5905 (iv) the right to reasonable parent-time unless restricted by the court. 5906 (b) If no guardian has been appointed, "residual parental rights and duties" includes the 5907 right to consent to: 5908 (i) marriage; 5909 (ii) enlistment; and 5910 (iii) major medical, surgical, or psychiatric treatment. 5911 (72) "Runaway" means a child, other than an emancipated child, who willfully leaves the 5912 home of the child's parent or guardian, or the lawfully prescribed residence of the child, - 174 - 01-07 15:16 H.B. 183 5913 without permission. 5914 (73) "Secure care" means placement of a minor, who is committed to the Division of 5915 Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under 5916 contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour 5917 supervision and confinement of the minor. 5918 (74) "Secure care facility" means a facility, established in accordance with Section 80-5-503, 5919 for juvenile offenders in secure care. 5920 (75) "Secure detention" means temporary care of a minor who requires secure custody in a 5921 physically restricting facility operated by, or under contract with, the Division of 5922 Juvenile Justice and Youth Services: 5923 (a) before disposition of an offense that is alleged to have been committed by the minor; 5924 or 5925 (b) under Section 80-6-704. 5926 (76) "Serious youth offender" means an individual who: 5927 (a) is at least 14 years old, but under 25 years old; 5928 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction 5929 of the juvenile court was extended over the individual's case until the individual was 5930 25 years old in accordance with Section 80-6-605; and 5931 (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth 5932 Services for secure care under Sections 80-6-703 and 80-6-705. 5933 (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child. 5934 (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to a 5935 child. 5936 (79)(a) "Severe type of child abuse or neglect" means, except as provided in Subsection 5937 (79)(b): 5938 (i) if committed by an individual who is 18 years old or older: 5939 (A) chronic abuse; 5940 (B) severe abuse; 5941 (C) sexual abuse; 5942 (D) sexual exploitation; 5943 (E) abandonment; 5944 (F) chronic neglect; or 5945 (G) severe neglect; or 5946 (ii) if committed by an individual who is under 18 years old: - 175 - H.B. 183 01-07 15:16 5947 (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child 5948 that indicates a significant risk to other children; or 5949 (B) sexual behavior with or upon another child that indicates a significant risk to 5950 other children. 5951 (b) "Severe type of child abuse or neglect" does not include: 5952 (i) the use of reasonable and necessary physical restraint by an educator in 5953 accordance with Section 53G-8-301 or Section 76-2-401; 5954 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the 5955 use of reasonable and necessary physical restraint or force in self-defense or 5956 otherwise appropriate to the circumstances to obtain possession of a weapon or 5957 other dangerous object in the possession or under the control of a child or to 5958 protect the child or another individual from physical injury; or 5959 (iii) a health care decision made for a child by a child's parent or guardian, unless, 5960 subject to Subsection (79)(c), the state or other party to the proceeding shows, by 5961 clear and convincing evidence, that the health care decision is not reasonable and 5962 informed. 5963 (c) Subsection (79)(b)(iii) does not prohibit a parent or guardian from exercising the 5964 right to obtain a second health care opinion. 5965 (80)(a) "Sexual abuse" means: 5966 (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an 5967 adult directed towards a child; 5968 (ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation 5969 committed by a child towards another child if: 5970 (A) there is an indication of force or coercion; 5971 (B) the children are related, as described in Subsection (40), including siblings by 5972 marriage while the marriage exists or by adoption; or 5973 (C) the act or attempted act constitutes unlawful sexual activity as described in 5974 Section 76-5-401.3. 5975 (iii) engaging in any conduct with a child that would constitute an offense under any 5976 of the following, regardless of whether the individual who engages in the conduct 5977 is actually charged with, or convicted of, the offense: 5978 (A) Title 76, Chapter 5, Part 4, Sexual Offenses; 5979 (B) child bigamy, Section 76-7-101.5; 5980 (C) incest, Section 76-7-102; - 176 - 01-07 15:16 H.B. 183 5981 (D) voyeurism, Section 76-12-306; 5982 (E) recorded or photographed voyeurism, Section 76-12-307; or 5983 (F) distribution of images obtained through voyeurism, Section 76-12-308; or 5984 (iv) subjecting a child to participate in or threatening to subject a child to participate 5985 in a sexual relationship, regardless of whether that sexual relationship is part of a 5986 legal or cultural marriage. 5987 (b) "Sexual abuse" does not include engaging in any conduct with a child that would 5988 constitute an offense described in: 5989 (i) Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator 5990 of the offense is a minor; or 5991 (ii) Section 76-5-417, enticing a minor. 5992 (81) "Sexual exploitation" means knowingly: 5993 (a) employing, using, persuading, inducing, enticing, or coercing any child to: 5994 (i) pose in the nude for the purpose of sexual arousal of any individual; or 5995 (ii) engage in any sexual or simulated sexual conduct for the purpose of 5996 photographing, filming, recording, or displaying in any way the sexual or 5997 simulated sexual conduct; 5998 (b) displaying, distributing, possessing for the purpose of distribution, or selling material 5999 depicting a child: 6000 (i) in the nude, for the purpose of sexual arousal of any individual; or 6001 (ii) engaging in sexual or simulated sexual conduct; or 6002 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201, 6003 sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual 6004 exploitation of a minor, regardless of whether the individual who engages in the 6005 conduct is actually charged with, or convicted of, the offense. 6006 (82) "Shelter" means the temporary care of a child in a physically unrestricted facility 6007 pending a disposition or transfer to another jurisdiction. 6008 (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor. 6009 (84) "Significant risk" means a risk of harm that is determined to be significant in 6010 accordance with risk assessment tools and rules established by the Division of Child and 6011 Family Services in accordance with Title 63G, Chapter 3, Utah Administrative 6012 Rulemaking Act, that focus on: 6013 (a) age; 6014 (b) social factors; - 177 - H.B. 183 01-07 15:16 6015 (c) emotional factors; 6016 (d) sexual factors; 6017 (e) intellectual factors; 6018 (f) family risk factors; and 6019 (g) other related considerations. 6020 (85) "Single criminal episode" means the same as that term is defined in Section 76-1-401. 6021 (86) "Status offense" means an offense that would not be an offense but for the age of the 6022 offender. 6023 (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or 6024 excessive use of alcohol or other drugs or substances. 6025 (88) "Substantiated" or "substantiation" means a judicial finding based on a preponderance 6026 of the evidence, and separate consideration of each allegation made or identified in the 6027 case, that abuse, neglect, or dependency occurred. 6028 (89) "Substitute care" means: 6029 (a) the placement of a minor in a family home, group care facility, or other placement 6030 outside the minor's own home, either at the request of a parent or other responsible 6031 relative, or upon court order, when it is determined that continuation of care in the 6032 minor's own home would be contrary to the minor's welfare; 6033 (b) services provided for a minor in the protective custody of the Division of Child and 6034 Family Services, or a minor in the temporary custody or custody of the Division of 6035 Child and Family Services, as those terms are defined in Section 80-2-102; or 6036 (c) the licensing and supervision of a substitute care facility. 6037 (90) "Supported" means a finding by the Division of Child and Family Services based on 6038 the evidence available at the completion of an investigation, and separate consideration 6039 of each allegation made or identified during the investigation, that there is a reasonable 6040 basis to conclude that abuse, neglect, or dependency occurred. 6041 (91) "Termination of parental rights" means the permanent elimination of all parental rights 6042 and duties, including residual parental rights and duties, by court order. 6043 (92) "Therapist" means: 6044 (a) an individual employed by a state division or agency for the purpose of conducting 6045 psychological treatment and counseling of a minor in the division's or agency's 6046 custody; or 6047 (b) any other individual licensed or approved by the state for the purpose of conducting 6048 psychological treatment and counseling. - 178 - 01-07 15:16 H.B. 183 6049 (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that 6050 the child is at an unreasonable risk of harm or neglect. 6051 (94) "Torture" means: 6052 (a) the infliction of a serious injury upon a child in an exceptionally cruel or 6053 exceptionally depraved manner that causes the child to experience extreme physical 6054 or psychological pain or anguish; or 6055 (b) the infliction of a serious injury, or more than one serious injury, upon a child as part 6056 of a course of conduct or over a prolonged period of time. 6057 (95) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict: 6058 (a) results in behavior that is beyond the control or ability of the child, or the parent or 6059 guardian, to manage effectively; 6060 (b) poses a threat to the safety or well-being of the child, the child's family, or others; or 6061 (c) results in the situations described in Subsections (95)(a) and (b). 6062 (96) "Unsubstantiated" means a judicial finding that there is insufficient evidence to 6063 conclude that abuse, neglect, or dependency occurred. 6064 (97) "Unsupported" means a finding by the Division of Child and Family Services at the 6065 completion of an investigation, after the day on which the Division of Child and Family 6066 Services concludes the alleged abuse, neglect, or dependency is not without merit, that 6067 there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. 6068 (98) "Validated risk and needs assessment" means an evidence-based tool that assesses a 6069 minor's risk of reoffending and a minor's criminogenic needs. 6070 (99) "Without merit" means a finding at the completion of an investigation by the Division 6071 of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or 6072 dependency did not occur, or that the alleged perpetrator was not responsible for the 6073 abuse, neglect, or dependency. 6074 (100) "Youth offender" means an individual who is: 6075 (a) at least 12 years old, but under 21 years old; and 6076 (b) committed by the juvenile court to the Division of Juvenile Justice and Youth 6077 Services for secure care under Sections 80-6-703 and 80-6-705. 6078 Section 81. Section 81-9-101 is amended to read: 6079 81-9-101 (Effective 05/06/26). Definitions for chapter. 6080 As used in this chapter: 6081 (1) "Abuse" means the same as that term is defined in Section 80-1-102. 6082 (2)(a) "Custodial responsibility" means all powers and duties relating to caretaking - 179 - H.B. 183 01-07 15:16 6083 authority and decision-making authority for a minor child. 6084 (b) "Custodial responsibility" includes physical custody, legal custody, parenting time, 6085 right to access, parent-time, and authority to grant limited contact with a minor child. 6086 (3) "Domestic violence" means the same as that term is defined in Section 77-36-1. 6087 (4) "Gender identity" means the same as that term is defined in Section [34A-5-102] 6088 53E-9-205. 6089 (5) "Joint legal custody" means the sharing of the rights, privileges, duties, and powers of a 6090 parent by both parents, where specified. 6091 (6) "Joint physical custody" means the minor child stays with each parent overnight for 6092 more than 30% of the year and both parents contribute to the expenses of the minor child 6093 in addition to paying child support. 6094 (7)(a) "Parenting functions" means those aspects of the parent-child relationship in 6095 which the parent makes decisions and performs functions necessary for the care and 6096 growth of the minor child. 6097 (b) "Parenting functions" include: 6098 (i) maintaining a loving, stable, consistent, and nurturing relationship with the minor 6099 child; 6100 (ii) attending to the daily needs of the minor child, such as feeding, clothing, physical 6101 care, grooming, supervision, health care, day care, and engaging in other activities 6102 which are appropriate to the developmental level of the minor child and that are 6103 within the social and economic circumstances of the particular family; 6104 (iii) attending to adequate education for the minor child, including remedial or other 6105 education essential to the best interest of the minor child; 6106 (iv) assisting the minor child in developing and maintaining appropriate interpersonal 6107 relationships; 6108 (v) exercising appropriate judgment regarding the minor child's welfare, consistent 6109 with the minor child's developmental level and family social and economic 6110 circumstances; and 6111 (vi) providing for the financial support of the minor child. 6112 (8)(a) "Parenting plan" means a plan for parenting a minor child. 6113 (b) "Parenting plan" includes the allocation of parenting functions that are incorporated 6114 in any final decree or decree of modification including an action for dissolution of 6115 marriage, annulment, legal separation, or paternity. 6116 (9) "Protective order" means: - 180 - 01-07 15:16 H.B. 183 6117 (a) a civil protective order, as that term is defined in Section 78B-7-102; 6118 (b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or 6119 (c) a foreign protection order, as that term is defined in Section 78B-7-302. 6120 (10) "Psychological maltreatment" means a repeated pattern or extreme incident of 6121 caretaker behavior that: 6122 (a) intentionally thwarts a minor child's basic psychological needs, including physical 6123 and psychological safety, cognitive stimulation, and respect; 6124 (b) conveys that a minor child is worthless, defective, or expendable; and 6125 (c) may terrorize a minor child. 6126 (11) "[ ]Service member" means a member of a uniformed service. 6127 (12) "Sexual abuse" means the same as that term is defined in Section 80-1-102. 6128 (13) "Supervised parent-time" means parent-time that requires the noncustodial parent to be 6129 accompanied during parent-time by an individual approved by the court. 6130 (14) "Surrogate care" means care by any individual other than the parent of the minor child. 6131 (15) "Uniformed service" means: 6132 (a) active and reserve components of the United States Armed Forces; 6133 (b) the United States Merchant Marine; 6134 (c) the commissioned corps of the United States Public Health Service; 6135 (d) the commissioned corps of the National Oceanic and Atmospheric Administration of 6136 the United States; or 6137 (e) the National Guard of a state. 6138 (16) "Uninterrupted time" means parent-time exercised by one parent without interruption 6139 at any time by the presence of the other parent. 6140 (17) "Virtual parent-time" means parent-time facilitated by tools such as telephone, email, 6141 instant messaging, video conferencing, and other wired or wireless technologies over the 6142 Internet or other communication media, to supplement in-person visits between a 6143 noncustodial parent and a minor child or between a minor child and the custodial parent 6144 when the minor child is staying with the noncustodial parent. 6145 Section 82. Section 81-9-204 is amended to read: 6146 81-9-204 (Effective 05/06/26). Custody and parent-time of a minor child -- 6147 Custody factors -- Preferences. 6148 (1) In a proceeding between parents in which the custody and parent-time of a minor child 6149 is at issue, the court shall consider the best interests of the minor child in determining 6150 any form of custody and parent-time. - 181 - H.B. 183 01-07 15:16 6151 (2) The court shall determine whether an order for custody or parent-time is in the best 6152 interests of the minor child by a preponderance of the evidence. 6153 (3) In determining any form of custody and parent-time under Subsection (1), the court 6154 shall consider: 6155 (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic 6156 violence, physical abuse, or sexual abuse involving the minor child, the parent, or a 6157 household member of the parent; 6158 (b) whether the parent has intentionally exposed the minor child to: 6159 (i) pornography; or 6160 (ii) material harmful to minors, as "material" and "harmful to minors" are defined in 6161 Section 76-5c-101; and 6162 (c) whether custody and parent-time would endanger the minor child's health or physical 6163 or psychological safety. 6164 (4) In determining the form of custody and parent-time that is in the best interests of the 6165 minor child, the court may consider, among other factors the court finds relevant, the 6166 following for each parent: 6167 (a) evidence of psychological maltreatment; 6168 (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the 6169 developmental needs of the minor child, including the minor child's: 6170 (i) physical needs; 6171 (ii) emotional needs; 6172 (iii) educational needs; 6173 (iv) medical needs; and 6174 (v) any special needs; 6175 (c) the parent's capacity and willingness to function as a parent, including: 6176 (i) parenting skills; 6177 (ii) co-parenting skills, including: 6178 (A) ability to appropriately communicate with the other parent; 6179 (B) ability to encourage the sharing of love and affection; and 6180 (C) willingness to allow frequent and continuous contact between the minor child 6181 and the other parent, except that, if the court determines that the parent is 6182 acting to protect the minor child from domestic violence, neglect, or abuse, the 6183 parent's protective actions may be taken into consideration; and 6184 (iii) ability to provide personal care rather than surrogate care; - 182 - 01-07 15:16 H.B. 183 6185 (d) the past conduct and demonstrated moral character of the parent as described in 6186 Subsection (9); 6187 (e) the emotional stability of the parent; 6188 (f) the parent's inability to function as a parent because of drug abuse, excessive 6189 drinking, or other causes; 6190 (g) the parent's reason for having relinquished custody or parent-time in the past; 6191 (h) duration and depth of desire for custody or parent-time; 6192 (i) the parent's religious compatibility with the minor child; 6193 (j) the parent's financial responsibility; 6194 (k) the child's interaction and relationship with step-parents, extended family members 6195 of other individuals who may significantly affect the minor child's best interests; 6196 (l) who has been the primary caretaker of the minor child; 6197 (m) previous parenting arrangements in which the minor child has been happy and 6198 well-adjusted in the home, school, and community; 6199 (n) the relative benefit of keeping siblings together; 6200 (o) the stated wishes and concerns of the minor child, taking into consideration the 6201 minor child's cognitive ability and emotional maturity; 6202 (p) the relative strength of the minor child's bond with the parent, meaning the depth, 6203 quality, and nature of the relationship between the parent and the minor child; and 6204 (q) any other factor the court finds relevant. 6205 (5)(a) A minor child may not be required by either party to testify unless the trier of fact 6206 determines that extenuating circumstances exist that would necessitate the testimony 6207 of the minor child be heard and there is no other reasonable method to present the 6208 minor child's testimony. 6209 (b)(i) The court may inquire and take into consideration the minor child's desires 6210 regarding future custody or parent-time schedules, but the expressed desires are 6211 not controlling and the court may determine the minor child's custody or 6212 parent-time otherwise. 6213 (ii) The desires of a minor child who is 14 years old or older shall be given added 6214 weight, but is not the single controlling factor. 6215 (c)(i) If an interview with a minor child is conducted by the court in accordance with 6216 Subsection (5)(b), the interview shall be conducted by the court in camera. 6217 (ii) The prior consent of the parties may be obtained but is not necessary if the court 6218 finds that an interview with a minor child is the only method to ascertain the - 183 - H.B. 183 01-07 15:16 6219 minor child's desires regarding custody. 6220 (6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a 6221 parent due to a disability, as defined in Section 57-21-2, in awarding custody or 6222 determining whether a substantial change has occurred for the purpose of modifying 6223 an award of custody. 6224 (b) The court may not consider the disability of a parent as a factor in awarding custody 6225 or modifying an award of custody based on a determination of a substantial change in 6226 circumstances, unless the court makes specific findings that: 6227 (i) the disability significantly or substantially inhibits the parent's ability to provide 6228 for the physical and emotional needs of the minor child at issue; and 6229 (ii) the parent with a disability lacks sufficient human, monetary, or other resources 6230 available to supplement the parent's ability to provide for the physical and 6231 emotional needs of the minor child at issue. 6232 (c) Nothing in this section may be construed to apply to adoption proceedings under 6233 Chapter 13, Adoption. 6234 (7) This section does not establish: 6235 (a) a preference for either parent solely because of the [gender] sex of the parent; or 6236 (b) a preference for or against joint physical custody or sole physical custody, but allows 6237 the court and the family the widest discretion to choose a parenting plan that is in the 6238 best interest of the minor child. 6239 (8) When an issue before the court involves custodial responsibility in the event of a 6240 deployment of a parent who is a service member and the service member has not yet 6241 been notified of deployment, the court shall resolve the issue based on the standards in 6242 Sections 81-10-306 through 81-10-309. 6243 (9) In considering the past conduct and demonstrated moral standards of each party under 6244 Subsection (4)(d) or any other factor a court finds relevant, the court: 6245 (a) may not: 6246 [(a)] (i)[(i)] consider or treat a parent's lawful possession or use of cannabis in a 6247 medicinal dosage form, a cannabis product in a medicinal dosage form, or a 6248 medical cannabis device, in accordance with Title 4, Chapter 41a, Cannabis 6249 Production Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, 6250 Cannabinoid Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) 6251 any differently than the court would consider or treat the lawful possession or use 6252 of any prescribed controlled substance;[ or] - 184 - 01-07 15:16 H.B. 183 6253 (ii) discriminate against a parent because of the parent's status as a: 6254 (A) cannabis production establishment agent, as that term is defined in Section 6255 4-41a-102; 6256 (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201; 6257 (C) medical cannabis courier agent, as that term is defined in Section 26B-4-201; 6258 or 6259 (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2, 6260 Cannabinoid Research and Medical Cannabis; or 6261 [(b)] (iii) discriminate against a parent based upon the parent's agreement or 6262 disagreement with a minor child of the couple's[:] 6263 [(i) assertion that the minor child's gender identity is different from the minor child's 6264 biological sex;] 6265 [(ii) practice of having or expressing a different gender identity than the minor child's 6266 biological sex; or] 6267 [(iii)] sexual orientation[.] ; and 6268 (b) shall weigh in a parent's favor evidence that the parent does not support a minor 6269 child's asserted gender identity if the gender identity is inconsistent with the child's 6270 sex. 6271 (10)(a) The court shall consider evidence of domestic violence if evidence of domestic 6272 violence is presented. 6273 (b) The court shall consider as primary, the safety and well-being of the minor child and 6274 the parent who experiences domestic violence. 6275 (c) A court shall consider an order issued by a court in accordance with Title 78B, 6276 Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or 6277 substantiated potential harm to the minor child. 6278 (d) If a parent relocates because of an act of domestic violence or family violence by the 6279 other parent, the court shall make specific findings and orders with regards to the 6280 application of Section 81-9-209. 6281 (11) Absent a showing by a preponderance of evidence of real harm or substantiated 6282 potential harm to the minor child: 6283 (a) it is in the best interest of the minor child to have frequent, meaningful, and 6284 continuing access to each parent following separation or divorce; 6285 (b) each parent is entitled to and responsible for frequent, meaningful, and continuing 6286 access with the parent's minor child consistent with the minor child's best interests; - 185 - H.B. 183 01-07 15:16 6287 and 6288 (c) it is in the best interest of the minor child to have both parents actively involved in 6289 parenting the minor child. 6290 (12) Notwithstanding any other provision of this chapter, the court may not grant custody or 6291 parent-time of a minor child to a parent convicted of a sexual offense, as defined in 6292 Section 77-37-2, that resulted in the conception of the minor child unless: 6293 (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents 6294 to custody or parent-time and the court determines it is in the best interest of the 6295 minor child to award custody or parent-time to the convicted parent; or 6296 (b) after the date of the conviction, the convicted parent and the nonconvicted parent 6297 cohabit and establish a mutual custodial environment for the minor child. 6298 (13) A denial of custody or parent-time under Subsection (12) does not: 6299 (a) terminate the parental rights of the parent denied parent-time or custody; or 6300 (b) affect the obligation of the convicted parent to financially support the minor child. 6301 Section 83. Section 81-9-402 is amended to read: 6302 81-9-402 (Effective 05/06/26). Custody and visitation for individuals other than a 6303 parent -- Venue. 6304 (1)(a) In accordance with Section 80-2a-201, it is the public policy of this state that a 6305 parent retain the fundamental right and duty to exercise primary control over the care, 6306 supervision, upbringing, and education of a minor child of the parent. 6307 (b) There is a rebuttable presumption that a parent's decisions are in the minor child's 6308 best interests. 6309 (2) The presumption in Subsection [(1)] (1)(b) is rebutted and a court may grant custodial or 6310 visitation rights to an individual other than a parent if the court finds, by clear and 6311 convincing evidence, that the individual seeking custodial or visitation rights has 6312 established that: 6313 (a) the individual has intentionally assumed the role and obligations of a parent; 6314 (b) the individual and the minor child have formed a substantial emotional bond and 6315 created a parent-child type relationship; 6316 (c) the individual substantially contributed emotionally or financially to the minor child's 6317 well being; 6318 (d) the assumption of the parental role is not the result of a financially compensated 6319 surrogate care arrangement; 6320 (e) the continuation of the relationship between the individual and the minor child is in - 186 - 01-07 15:16 H.B. 183 6321 the minor child's best interest; 6322 (f) the loss or cessation of the relationship between the individual and the minor child 6323 would substantially harm the minor child; and 6324 (g) the parent: 6325 (i) is absent as of the time of filing of the petition; 6326 (ii) does not have the ability to exercise primary physical custody of the minor child 6327 as of the time of filing of the petition; or 6328 (iii) has abused or neglected the minor child, or that another court has found that the 6329 parent has abused or neglected the minor child. 6330 (3) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350, 6331 an individual shall file a verified petition, or a petition supported by an affidavit, for 6332 custodial or visitation rights to the minor child in the juvenile court if a matter is pending 6333 in the juvenile court, or in the district court in the county where the minor child: 6334 (a) currently resides; or 6335 (b) lived with a parent or an individual other than a parent who acted as a parent within 6336 six months before the commencement of the action. 6337 (4) An individual may file a petition under this section in a pending divorce, parentage 6338 action, or other proceeding, including a proceeding in the juvenile court involving 6339 custody of or visitation with a minor child. 6340 (5) The petition shall include detailed facts supporting the petitioner's right to file the 6341 petition including the criteria set forth in Subsection (2) and residency information 6342 described in Section 81-11-209. 6343 (6) An individual may not file a petition under this section against a parent who is actively 6344 serving outside the state in any branch of the military. 6345 (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with the 6346 Utah Rules of Civil Procedure on all of the following: 6347 (a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents; 6348 (b) any individual who has court-ordered custody or visitation rights; 6349 (c) the minor child's guardian; 6350 (d) the guardian ad litem, if one has been appointed; 6351 (e) an individual or agency that has physical custody of the minor child or that claims to 6352 have custody or visitation rights; and 6353 (f) any other individual or agency that has previously appeared in any action regarding 6354 custody of or visitation with the minor child. - 187 - H.B. 183 01-07 15:16 6355 (8) The court may order a custody evaluation to be conducted in any proceeding brought 6356 under this section. 6357 (9) The court may enter temporary orders in a proceeding brought under this section 6358 pending the entry of final orders. 6359 (10) Except as provided in Subsection (11), a court may not grant custody of a minor child 6360 under this section to an individual: 6361 (a) who is not the parent of the minor child; and 6362 (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no 6363 contest to a felony or attempted felony involving conduct that constitutes any of the 6364 following: 6365 (i) child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4, 6366 and 76-5-114; 6367 (ii) child abuse homicide, as described in Section 76-5-208; 6368 (iii) child kidnapping, as described in Section 76-5-301.1; 6369 (iv) human trafficking of a child, as described in Section 76-5-308.5; 6370 (v) sexual abuse of a minor, as described in Section 76-5-401.1; 6371 (vi) rape of a child, as described in Section 76-5-402.1; 6372 (vii) object rape of a child, as described in Section 76-5-402.3; 6373 (viii) sodomy on a child, as described in Section 76-5-403.1; 6374 (ix) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated sexual 6375 abuse of a child, as described in Section 76-5-404.3; 6376 (x) sexual exploitation of a minor, as described in Section 76-5b-201; 6377 (xi) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; or 6378 (xii) an offense in another state that, if committed in this state, would constitute an 6379 offense described in this Subsection (10). 6380 (11)(a) As used in this Subsection (11), "disqualifying offense" means an offense listed 6381 in Subsection (10) that prevents a court from granting custody except as provided in 6382 this Subsection (11). 6383 (b) An individual described in Subsection (10) may only be considered for custody of a 6384 minor child if the following criteria are met by clear and convincing evidence: 6385 (i) the individual is a relative, as defined in Section 80-3-102, of the minor child; 6386 (ii) at least 10 years have elapsed from the day on which the individual is 6387 successfully released from prison, jail, parole, or probation related to a 6388 disqualifying offense; - 188 - 01-07 15:16 H.B. 183 6389 (iii) during the 10 years before the day on which the individual files a petition with 6390 the court seeking custody the individual has not been convicted, plead guilty, or 6391 plead no contest to an offense greater than an infraction or traffic violation that 6392 would likely impact the health, safety, or well-being of the minor child; 6393 (iv) the individual can provide evidence of successful treatment or rehabilitation 6394 directly related to the disqualifying offense; 6395 (v) the court determines that the risk related to the disqualifying offense is unlikely to 6396 cause harm, as defined in Section 80-1-102, or potential harm to the minor child 6397 currently or at any time in the future when considering all of the following: 6398 (A) the minor child's age; 6399 (B) the minor child's [gender] sex; 6400 (C) the minor child's development; 6401 (D) the nature and seriousness of the disqualifying offense; 6402 (E) the preferences of a minor child who is 12 years old or older; 6403 (F) any available assessments, including custody evaluations, parenting 6404 assessments, psychological or mental health assessments, and bonding 6405 assessments; and 6406 (G) any other relevant information; 6407 (vi) the individual can provide evidence of the following: 6408 (A) the relationship with the minor child is of long duration; 6409 (B) that an emotional bond exists with the minor child; and 6410 (C) that custody by the individual who has committed the disqualifying offense 6411 ensures the best interests of the minor child are met; 6412 (vii)(A) there is no other responsible relative known to the court who has or likely 6413 could develop an emotional bond with the minor child and does not have a 6414 disqualifying offense; or 6415 (B) if there is a responsible relative known to the court that does not have a 6416 disqualifying offense, Subsection (11)(d) applies; and 6417 (viii) that the continuation of the relationship between the individual with the 6418 disqualifying offense and the minor child could not be sufficiently maintained 6419 through any type of visitation if custody were given to the relative with no 6420 disqualifying offense described in Subsection (11)(d). 6421 (c) The individual with the disqualifying offense bears the burden of proof regarding 6422 why placement with that individual is in the best interest of the minor child over - 189 - H.B. 183 01-07 15:16 6423 another responsible relative or equally situated individual who does not have a 6424 disqualifying offense. 6425 (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to 6426 the court who does not have a disqualifying offense: 6427 (i) preference for custody is given to a relative who does not have a disqualifying 6428 offense; and 6429 (ii) before the court may place custody with the individual who has the disqualifying 6430 offense over another responsible, willing, and able relative: 6431 (A) an impartial custody evaluation shall be completed; and 6432 (B) a guardian ad litem shall be assigned. 6433 (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final 6434 decision on custody has not been made and to a case filed on or after March 25, 2017. 6435 Section 84. Section 81-12-105 is amended to read: 6436 81-12-105 (Effective 05/06/26). Contents of petition. 6437 (1)(a) A petition under this chapter must be verified and include a copy of any existing 6438 child custody determination, if available. 6439 (b) The petition must specify the risk factors for abduction, including the relevant factors 6440 described in Section 81-12-106. 6441 (2) Subject to Subsection 81-11-209(5), if reasonably ascertainable, the petition must 6442 contain: 6443 (a) the name, date of birth, and [gender] sex of the minor child; 6444 (b) the customary address and current physical location of the minor child; 6445 (c) the identity, customary address, and current physical location of the respondent; 6446 (d) a statement of whether a prior action to prevent abduction or domestic violence has 6447 been filed by a party or other individual or entity having custody of the minor child, 6448 and the date, location, and disposition of the action; 6449 (e) a statement of whether a party to the proceeding has been arrested for a crime related 6450 to domestic violence, stalking, or child abuse or neglect, and the date, location, and 6451 disposition of the case; and 6452 (f) any other information required to be submitted to the court for a child custody 6453 determination under Section 81-11-209. 6454 Section 85. Section 81-12-106 is amended to read: 6455 81-12-106 (Effective 05/06/26). Factors to determine risk of abduction. 6456 (1) In determining whether there is a credible risk of abduction of a minor child, the court - 190 - 01-07 15:16 H.B. 183 6457 shall consider any evidence that the petitioner or respondent: 6458 (a) has previously abducted or attempted to abduct the minor child; 6459 (b) has threatened to abduct the minor child; 6460 (c) has recently engaged in activities that may indicate a planned abduction, including: 6461 (i) abandoning employment; 6462 (ii) selling a primary residence; 6463 (iii) terminating a lease; 6464 (iv) closing bank or other financial management accounts, liquidating assets, hiding 6465 or destroying financial documents, or conducting any unusual financial activities; 6466 (v) applying for a passport or visa or obtaining travel documents for the respondent, a 6467 family member, or the minor child; or 6468 (vi) seeking to obtain the minor child's birth certificate or school or medical records; 6469 (d) has engaged in domestic violence, stalking, or child abuse or neglect; 6470 (e) has refused to follow a child custody determination; 6471 (f) lacks strong familial, financial, emotional, or cultural ties to the state or the United 6472 States; 6473 (g) has strong familial, financial, emotional, or cultural ties to another state or country; 6474 (h) is likely to take the minor child to a country that: 6475 (i) is not a party to the Hague Convention on the Civil Aspects of International Child 6476 Abduction and does not provide for the extradition of an abducting parent or for 6477 the return of an abducted minor child; 6478 (ii) is a party to the Hague Convention on the Civil Aspects of International Child 6479 Abduction but: 6480 (A) the Hague Convention on the Civil Aspects of International Child Abduction 6481 is not in force between the United States and that country; 6482 (B) is noncompliant according to the most recent compliance report issued by the 6483 United States Department of State; or 6484 (C) lacks legal mechanisms for immediately and effectively enforcing a return 6485 order under the Hague Convention on the Civil Aspects of International Child 6486 Abduction; 6487 (iii) poses a risk that the minor child's physical or emotional health or safety would be 6488 endangered in the country because of specific circumstances relating to the minor 6489 child or because of human rights violations committed against a minor child; 6490 (iv) has laws or practices that would: - 191 - H.B. 183 01-07 15:16 6491 (A) enable the respondent, without due cause, to prevent the petitioner from 6492 contacting the minor child; 6493 (B) restrict the petitioner from freely traveling to or exiting from the country 6494 because of the petitioner's [gender] sex, nationality, marital status, or religion; or 6495 (C) restrict the minor child's ability legally to leave the country after the minor 6496 child reaches the age of majority because of a minor child's [gender] sex, 6497 nationality, or religion; 6498 (v) is included by the United States Department of State on a current list of state 6499 sponsors of terrorism; 6500 (vi) does not have an official United States diplomatic presence in the country; or 6501 (vii) is engaged in active military action or war, including a civil war, to which the 6502 minor child may be exposed; 6503 (i) is undergoing a change in immigration or citizenship status that would adversely 6504 affect the respondent's ability to remain in the United States legally; 6505 (j) has had an application for United States citizenship denied; 6506 (k) has forged or presented misleading or false evidence on government forms or 6507 supporting documents to obtain or attempt to obtain a passport, a visa, travel 6508 documents, a social security card, a driver license, or other government-issued 6509 identification card or has made a misrepresentation to the United States government; 6510 (l) has used multiple names to attempt to mislead or defraud; or 6511 (m) has engaged in any other conduct the court considers relevant to the risk of 6512 abduction. 6513 (2) In the hearing on a petition under this chapter, the court shall consider any evidence that 6514 the respondent believed in good faith that the respondent's conduct was necessary to 6515 avoid imminent harm to the minor child or respondent and any other evidence that may 6516 be relevant to whether the respondent may be permitted to remove or retain the minor 6517 child. 6518 Section 86. Section 81-13-203 is amended to read: 6519 81-13-203 (Effective 05/06/26). Who may adopt -- Adoption of a minor child. 6520 (1) An adult may adopt a minor child in accordance with this section and this chapter. 6521 (2) Except as otherwise provided in this section and subject to the placement requirements 6522 described in Section 81-13-403, a minor child may be adopted by: 6523 (a) adults who are legally married to each other in accordance with the laws of this state, 6524 including adoption by a stepparent; or - 192 - 01-07 15:16 H.B. 183 6525 (b) an adult who is not married. 6526 (3) If an adult is cohabiting in a relationship that is not a legally valid and binding marriage 6527 under the laws of this state, the adult may not adopt a minor child unless the individual 6528 is a relative of the minor child or a recognized placement under the Indian Child Welfare 6529 Act, 25 U.S.C. Sec. 1901 et seq. 6530 (4) A married adult who is lawfully separated from the married adult's spouse may not 6531 adopt a minor child without the consent of the married adult's spouse if the spouse is 6532 capable of giving consent. 6533 (5) An adult may not adopt a minor child unless: 6534 (a) the adult is at least 10 years older than the minor child; or 6535 (b) at least one adult of a married couple is at least 10 years older than the minor child if 6536 a married couple is adopting the minor child. 6537 (6) Except as provided in Subsection (7), an adult may not adopt a minor child if, before 6538 adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no 6539 contest to a felony or attempted felony involving conduct that constitutes: 6540 (a) child abuse, as described in Section 76-5-109; 6541 (b) aggravated child abuse, as described in Section 76-5-109.2; 6542 (c) child abandonment, as described in Section 76-5-109.3; 6543 (d) child torture, as described in Section 76-5-109.4; 6544 (e) commission of domestic violence in the presence of a child, as described in Section 6545 76-5-114; 6546 (f) child abuse homicide, as described in Section 76-5-208; 6547 (g) child kidnapping, as described in Section 76-5-301.1; 6548 (h) human trafficking of a child, as described in Section 76-5-308.5; 6549 (i) sexual abuse of a minor, as described in Section 76-5-401.1; 6550 (j) rape of a child, as described in Section 76-5-402.1; 6551 (k) object rape of a child, as described in Section 76-5-402.3; 6552 (l) sodomy on a child, as described in Section 76-5-403.1; 6553 (m) sexual abuse of a child, as described in Section 76-5-404.1; 6554 (n) aggravated sexual abuse of a child, as described in Section 76-5-404.3; 6555 (o) sexual exploitation of a minor, as described in Section 76-5b-201; 6556 (p) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; or 6557 (q) an offense in another state that, if committed in this state, would constitute an 6558 offense described in this Subsection (6). - 193 - H.B. 183 01-07 15:16 6559 (7)(a) As used in this Subsection (7), "disqualifying offense" means an offense listed in 6560 Subsection (6) that prevents a court from considering an adult for adoption of a minor 6561 child except as provided in this Subsection (7). 6562 (b) An adult described in Subsection (6) may only be considered for adoption of a minor 6563 child if the following criteria are met by clear and convincing evidence: 6564 (i) at least 10 years have elapsed from the day on which the adult is successfully 6565 released from prison, jail, parole, or probation related to a disqualifying offense; 6566 (ii) during the 10 years before the day on which the adult files a petition with the 6567 court seeking adoption, the adult has not been convicted, pleaded guilty, or 6568 pleaded no contest to an offense greater than an infraction or traffic violation that 6569 would likely impact the health, safety, or well-being of the minor child; 6570 (iii) the adult can provide evidence of successful treatment or rehabilitation directly 6571 related to the disqualifying offense; 6572 (iv) the court determines that the risk related to the disqualifying offense is unlikely 6573 to cause harm, as defined in Section 80-1-102, or potential harm to the minor child 6574 currently or at any time in the future when considering all of the following: 6575 (A) the minor child's age; 6576 (B) the minor child's [gender] sex; 6577 (C) the minor child's development; 6578 (D) the nature and seriousness of the disqualifying offense; 6579 (E) the preferences of a minor child who is 12 years old or older; 6580 (F) any available assessments, including custody evaluations, home studies, 6581 pre-placement adoptive evaluations, parenting assessments, psychological or 6582 mental health assessments, and bonding assessments; and 6583 (G) any other relevant information; 6584 (v) the adult can provide evidence of all of the following: 6585 (A) the relationship with the minor child is of long duration; 6586 (B) that an emotional bond exists with the minor child; and 6587 (C) that adoption by the individual who has committed the disqualifying offense 6588 ensures the best interests of the minor child are met; and 6589 (vi) the adoption is by: 6590 (A) a stepparent whose spouse is the adoptee's parent and consents to the 6591 adoption; or 6592 (B) subject to Subsection (7)(d), a relative of the minor child, as defined in - 194 - 01-07 15:16 H.B. 183 6593 Section 80-3-102, and there is not another relative without a disqualifying 6594 offense filing an adoption petition. 6595 (c) The adult with the disqualifying offense bears the burden of proof regarding why 6596 adoption with that adult is in the best interest of the minor child over another 6597 responsible relative or equally situated adult who does not have a disqualifying 6598 offense. 6599 (d) If there is an alternative responsible relative who does not have a disqualifying 6600 offense filing an adoption petition: 6601 (i) preference for adoption shall be given to a relative who does not have a 6602 disqualifying offense; and 6603 (ii) before the court may grant adoption to the adult who has the disqualifying offense 6604 over another responsible, willing, and able relative: 6605 (A) an impartial custody evaluation shall be completed; and 6606 (B) a guardian ad litem shall be assigned. 6607 (8) Subsections (6) and (7) apply to a case pending on March 25, 2017, for which a final 6608 decision on adoption has not been made and to a case filed on or after March 25, 2017. 6609 Section 87. Repealer. 6610 This bill repeals: 6611 Section 26B-1-239, Systematic medical evidence review of hormonal transgender 6612 treatments. 6613 Section 26B-8-111, Birth certificate name or sex designation change -- Registration of 6614 court order and amendment of birth certificate. 6615 Section 53G-6-1005, Reasonable accommodations. 6616 Section 88. Effective Date. 6617 This bill takes effect on May 6, 2026. - 195 -