02-13 17:35 3rd Sub. (Cherry) H.B. 349
Doug Owens proposes the following substitute bill:
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Organ Donation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill addresses public awareness of organ donation and opportunities for individuals to
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register as organ donors.
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Highlighted Provisions:
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This bill:
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▸ requires or encourages information about the option and process to register as an organ
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donor, to be provided in connection with or in certain circumstances related to:
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● the Division of Wildlife Resources' website;
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● intake at a health care facility;
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● a preneed funeral arrangement contract; and
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● individual income tax instructions booklets and the State Tax Commission's website;
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▸ requires the Department of Health and Human Services to convene a coalition of
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life-saving programs and create a comprehensive plan for communicating about those
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programs through state-owned channels; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53B-1-111, as last amended by Laws of Utah 2023, Chapter 328
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58-9-701, as last amended by Laws of Utah 2012, Chapter 30
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59-10-103.1, as last amended by Laws of Utah 2022, Chapter 258
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ENACTS:
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23A-1-207, Utah Code Annotated 1953
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26B-1-436, Utah Code Annotated 1953
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26B-2-244, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 23A-1-207 is enacted to read:
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23A-1-207 . Organ donation.
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(1) As used in this section:
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(a) "Donor" means the same as that term is defined in Section 26B-8-301.
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(b) "Donor registry" means the same as that term is defined in Section 26B-8-301.
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(2) On the division's website, the division shall provide:
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(a) information about the option to register as a donor; and
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(b) a link to a website for a donor registry where an individual can register as a donor.
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(3) The requirements in Subsection (2) do not apply if the division provides information on
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the division's website in connection with a comprehensive plan described in Section
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26B-1-436.
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Section 2. Section 26B-1-436 is enacted to read:
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26B-1-436 . Life-saving programs coalition and plan.
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(1) As used in this section:
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(a) "Comprehensive plan" means a comprehensive plan described in Subsection (3).
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(b) "Director" means an executive director, director, commissioner, general manager, or
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other similar position who has ultimate responsibility for the operation of a state
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entity.
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(c) "State publication channel" means a website or publication of a state entity that:
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(i) the public accesses, uses, or interacts with in significant volume; and
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(ii) is approved for use in connection with a comprehensive plan by the director of
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the state entity that controls the website or publication, or the director's designee.
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(2) To maximize the opportunity to save lives in the state, the department shall convene a
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coalition of state-funded and state-sponsored life-saving programs.
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(3) The department shall create a comprehensive plan, including best practices and
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principles, for utilizing state publication channels to communicate information about
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life-saving programs to the public.
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(4) The coalition's comprehensive plan may include a schedule coordinating when each
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life-saving program is promoted through state publication channels, which may also
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coordinate with promotional periods or commemorative periods declared by the
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governor, and may address the allocation of costs.
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Section 3. Section 26B-2-244 is enacted to read:
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26B-2-244 . Organ donation.
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(1) As used in this section:
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(a) "Donor" means the same as that term is defined in Section 26B-8-301.
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(b) "Donor registry" means the same as that term is defined in Section 26B-8-301.
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(c) "Intake" means the initial process by which a health care facility collects
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demographic, social, clinical, or other similar data from a patient.
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(2) A health care facility licensed under this part shall, as part of intake or as soon as
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reasonably possible after intake:
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(a) ask if the patient is a donor;
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(b) if the patient is not a donor, ask if the patient would like to become a donor; and
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(c) if the patient wishes to become a donor, provide information about how to access a
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donor registry established under Section 26B-8-319.
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Section 4. Section 53B-1-111 is amended to read:
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53B-1-111 . Organ donation notification.
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(1) As used in this section:
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(a) "Donor" means the same as that term is defined in Section [26B-4-137] 26B-8-301.
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(b) "Donor registry" means the same as that term is defined in Section [26B-4-137]
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26B-8-301.
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(c) "Institution of higher education" means an institution as described in Section
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53B-3-102.
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(2)(a) An institution of higher education shall distribute, twice each academic year to
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each enrolled student:
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(i) an electronic message notifying each student of the option to register as a donor by
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selecting the Internet link described in Subsection (2)(a)(ii); and
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(ii) through the electronic message described in Subsection (2)(a)(i) an Internet link
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to a website for a donor registry established under Section 26B-8-319.
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(b) An institution of higher education may also provide to students information on donor
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registry by other electronic, printed, or in-person means.
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Section 5. Section 58-9-701 is amended to read:
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58-9-701 . Preneed contract requirements.
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(1)(a) A preneed funeral arrangement sold in Utah shall be evidenced by a written
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contract.
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(b) The funeral service establishment shall maintain a copy of the contract until five
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years after all of the establishment's obligations under the contract have been
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executed.
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(c) At the same time a sales agent or funeral service director provides a written contract
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of a preneed funeral arrangement to a buyer, the sales agent or funeral director shall
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distribute to the buyer a written or electronic message notifying the buyer of the
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option to register as a donor, as that term is defined in Section 26B-8-301, and
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providing instructions for accessing a donor registry established under Section
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26B-8-319.
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(2) The form for a written contract of a preneed funeral arrangement under Subsection (1)
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shall:
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(a) be written in clear and understandable language printed in an easy-to-read type size
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and font;
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(b) bear the preprinted name, address, telephone number, and license number of the
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funeral service establishment obligated to provide the services under the contract
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terms;
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(c) clearly identify that the contract is a guaranteed product contract;
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(d) provide that a trust is established in accordance with the provisions of Section
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58-9-702;
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(e) if the contract is funded by an insurance policy or product, provide that the insurance
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policy or product is filed with the Insurance Department and meets the requirements
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of Title 31A, Insurance Code; and
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(f) conform to other standards created by rules made by division under Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act, to protect the interests of buyers
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and potential buyers.
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(3) A preneed funeral arrangement contract shall provide for payment by the buyer in a
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form which may be liquidated by the funeral service establishment within 30 days after
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the day the funeral service establishment or sales agent receives the payment.
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(4) A preneed funeral arrangement contract may not be revocable by the funeral service
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establishment except:
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(a) in the event of nonpayment; and
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(b) under terms and conditions clearly set forth in the contract.
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(5)(a) A preneed funeral arrangement contract may not be revocable by the buyer or
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beneficiary except:
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(i) in the event of:
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(A) a substantial contract breach by the funeral service establishment; or
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(B) substantial evidence that the funeral service establishment is or will be unable
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to provide the personal property or services to the beneficiary as provided
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under the contract; or
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(ii) under terms and conditions clearly set forth in the contract.
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(b) The preneed funeral arrangement contract shall contain a clear statement of the
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manner in which payments made on the contract shall be refunded to the buyer or
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beneficiary upon revocation by the beneficiary.
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(6)(a) A preneed funeral arrangement contract shall provide the buyer the option to
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require the funeral service establishment to furnish a written disclosure to a person
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who does not live at the same residence as the buyer.
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(b) The preneed funeral arrangement buyer may choose:
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(i) a full disclosure containing a copy of the entire preneed funeral arrangement
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contract;
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(ii) a partial disclosure informing the recipient of:
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(A) the existence of a preneed funeral arrangement contract; and
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(B) the name, address, telephone number, and license number of the funeral
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service establishment obligated to provide the services under the preneed
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funeral arrangement contract; or
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(iii) not to require the funeral service establishment to furnish a written disclosure to
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another person.
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Section 6. Section 59-10-103.1 is amended to read:
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59-10-103.1 . Information to be contained on individual income tax returns or
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booklets.
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(1) The commission shall print the phrase "all state income tax dollars support education,
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children, and individuals with disabilities" on:
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(a) the first page of an individual income tax return; and
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(b) the cover page of an individual income tax forms and instructions booklet.
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(2) The commission shall include on an individual income tax return a statement for a
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property owner to declare that the property owner no longer qualifies to receive a
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residential exemption authorized under Section 59-2-103 for that property owner's
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primary residence.
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(3)(a) The commission shall include in each instruction booklet information about the
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option to register as a donor, as that term is defined in Section 26B-8-301, and
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instructions for accessing a donor registry established under Section 26B-8-319.
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(b) The commission shall include on the commission's website information about the
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option to register as a donor, as that term is defined in Section 26B-8-301, and a link
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to a website for a donor registry established under Section 26B-8-319.
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(c) The requirements in Subsections (3)(a) and (b) do not apply if the commission
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provides information in each instruction booklet and on the commission's website in
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connection with a comprehensive plan described in Section 26B-1-436.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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