UT
Utah Senate Bill SB0017

Utah 2025 Regular Session

Utah Senate Bill SB0017 Compare Versions

OldNewDifferences
1-Enrolled Copy S.B. 17
1+01-21 15:26 1st Sub. (Buff) S.B. 17
2+Ann Millner proposes the following substitute bill:
23 1
34 Services for Department of Defense Civilian Employees
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Ann Millner
78 House Sponsor: Val L. Peterson
89 2
910
1011 3
1112 LONG TITLE
1213 4
14+Committee Note:
15+5
16+The Government Operations Interim Committee recommended this bill.
17+6 Legislative Vote:9 voting for 0 voting against7 absent
18+7
1319 General Description:
14-5
20+8
1521 This bill addresses certain benefits for a United States Department of Defense employee
16-6
22+9
1723 and the employee's family.
18-7
24+10
1925 Highlighted Provisions:
20-8
26+11
2127 This bill:
22-9
28+12
2329 ▸ provides certain exemptions from occupational and professional licensure in a variety of
24-10
30+13
2531 occupations and professions for:
26-11
32+14
2733 ● a United States Department of Defense employee if the employee has a valid license in
28-12
34+15
2935 another jurisdiction; and
30-13
36+16
3137 ● a spouse of a United States Department of Defense employee if the spouse has a valid
32-14
38+17
3339 license in another jurisdiction;
34-15
40+18
3541 ▸ provides in-state residency for tuition purposes at an institution of higher education for a
36-16
42+19
3743 United States Department of Defense employee and the employee's family;
38-17
44+20
3945 ▸ addresses k-12 requirements for a child of a United States Department of Defense
40-18
46+21
4147 employee;
42-19
48+22
4349 ▸ contains a coordination clause to coordinate technical changes between this bill and H.B.
44-20
50+23
4551 142, Service Member and Veteran Amendments; and
46-21
52+24
4753 ▸ makes technical and conforming changes.
48-22
54+25
4955 Money Appropriated in this Bill:
50-23
56+26
5157 None
52-24
58+27
5359 Other Special Clauses:
54-25
55-This bill provides a coordination clause.
56-26
60+28
61+This bill provides a coordination clause. 1st Sub. (Buff) S.B. 17 01-21 15:26
62+29
5763 Utah Code Sections Affected:
58-27
59-AMENDS: S.B. 17 Enrolled Copy
60-28
64+30
65+AMENDS:
66+31
6167 4-1-109, as last amended by Laws of Utah 2024, Chapter 152
62-29
68+32
6369 4-1-111, as enacted by Laws of Utah 2018, Chapter 462
64-30
70+33
6571 13-1-15, as enacted by Laws of Utah 2018, Chapter 462
66-31
72+34
6773 31A-23a-102, as last amended by Laws of Utah 2015, Chapters 244, 330
68-32
74+35
6975 31A-23a-104, as last amended by Laws of Utah 2018, Chapter 462
70-33
76+36
7177 31A-26-102, as last amended by Laws of Utah 2021, Chapter 252
72-34
78+37
7379 31A-26-202, as last amended by Laws of Utah 2018, Chapter 462
74-35
80+38
7581 53-9-102, as last amended by Laws of Utah 2024, Chapter 506
76-36
82+39
7783 53-9-122, as last amended by Laws of Utah 2019, Chapter 136
78-37
84+40
7985 53B-8-102, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
80-38
86+41
8187 53E-6-102, as last amended by Laws of Utah 2024, Chapter 20
82-39
88+42
8389 53E-6-204, as last amended by Laws of Utah 2019, Chapter 186
84-40
90+43
8591 53G-1-103, as last amended by Laws of Utah 2020, Chapter 161 and last amended by
86-41
92+44
8793 Coordination Clause, Laws of Utah 2020, Chapter 161
88-42
94+45
8995 53G-6-306, as last amended by Laws of Utah 2023, Chapter 44
90-43
96+46
9197 53G-6-402, as last amended by Laws of Utah 2024, Chapter 67
92-44
98+47
9399 53G-6-502, as last amended by Laws of Utah 2023, Chapter 44
94-45
100+48
95101 58-1-102, as last amended by Laws of Utah 2024, Chapter 486
96-46
102+49
97103 58-1-307, as last amended by Laws of Utah 2023, Chapters 310, 328
98-47
104+50
99105 61-1-32, as enacted by Laws of Utah 2018, Chapter 462
100-48
106+51
101107 61-2f-102, as last amended by Laws of Utah 2024, Chapter 227
102-49
108+52
103109 61-2f-202, as last amended by Laws of Utah 2022, Chapter 204
104-50
110+53
105111 ENACTS:
106-51
112+54
107113 53E-3-1201, Utah Code Annotated 1953
108-52
114+55
109115 53E-3-1202, Utah Code Annotated 1953
110-53
116+56
111117 53E-3-1203, Utah Code Annotated 1953
112-54
118+57
113119 53E-3-1204, Utah Code Annotated 1953
114-55
120+58
115121 53E-3-1205, Utah Code Annotated 1953
116-56
122+59
117123 Utah Code Sections affected by Coordination Clause:
118-57
124+60
119125 53B-8-102, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
120-58
126+61
121127
122-59
128+62
123129 Be it enacted by the Legislature of the state of Utah:
124-60
130+- 2 - 01-21 15:26 1st Sub. (Buff) S.B. 17
131+63
125132 Section 1. Section 4-1-109 is amended to read:
126-61
133+64
127134 4-1-109 . General definitions.
128-- 2 - Enrolled Copy S.B. 17
129-62
135+65
130136 As used in this title:
131-63
137+66
132138 (1) "Agricultural product" or "product of agriculture" means any product that is derived
133-64
139+67
134140 from agriculture, including any product derived from aquaculture as defined in Section
135-65
141+68
136142 4-37-103.
137-66
143+69
138144 (2) "Agriculture" means the science and art of the production of plants and animals useful
139-67
145+70
140146 to man, including the preparation of plants and animals for human use and disposal by
141-68
147+71
142148 marketing or otherwise.
143-69
149+72
144150 (3) "Commissioner" means the commissioner of agriculture and food.
145-70
151+73
146152 (4) "Department" means the Department of Agriculture and Food created in Chapter 2,
147-71
153+74
148154 Administration.
149-72
155+75
150156 (5) "Dietary supplement" means the same as that term is defined in the Federal Food, Drug,
151-73
157+76
152158 and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
153-74
159+77
154160 (6) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
155-75
161+78
156162 [(6)] (7) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated
157-76
163+79
158164 elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer
159-77
165+80
160166 raised or kept for profit.
161-78
167+81
162168 [(7)] (8) "Local food" means an agricultural product or livestock that is:
163-79
169+82
164170 (a) produced, processed, and distributed for sale or consumption within the state; and
165-80
171+83
166172 (b) sold to an end consumer within the state.
167-81
173+84
168174 [(8)] (9) "Organization" means a corporation, government or governmental subdivision or
169-82
175+85
170176 agency, business trust, estate, trust, partnership, association, two or more persons having
171-83
177+86
172178 a joint or common interest, or any other legal entity.
173-84
179+87
174180 [(9)] (10) "Person" means a natural person or individual, corporation, organization, or other
175-85
181+88
176182 legal entity.
177-86
183+89
178184 Section 2. Section 4-1-111 is amended to read:
179-87
185+90
180186 4-1-111 . Exemptions from licensure.
181-88
187+91
182188 Except as otherwise provided by statute or rule, the following individuals may engage in
183-89
189+92
184190 the practice of an occupation or profession regulated by this title, subject to the stated
185-90
191+93
186192 circumstances and limitations, without being licensed under this title:
187-91
193+94
188194 (1) an individual licensed under the laws of this state, other than under this title, to practice
189-92
195+95
190196 or engage in an occupation or profession, while engaged in the lawful, professional, and
191-93
197+96
192198 competent practice of that occupation or profession;
193-94
199+- 3 - 1st Sub. (Buff) S.B. 17 01-21 15:26
200+97
194201 (2) an individual serving in the armed forces of the United States, the United States Public
195-95
202+98
196203 Health Service, the United States Department of Veterans Affairs, or any other federal
197-- 3 - S.B. 17 Enrolled Copy
198-96
204+99
199205 agency while engaged in activities regulated under this title as a part of employment
200-97
206+100
201207 with that federal agency if the individual holds a valid license to practice the regulated
202-98
208+101
203209 occupation or profession issued by any other state or jurisdiction recognized by the
204-99
210+102
205211 department; and
206-100
212+103
207213 (3) the spouse of an individual serving in the armed forces of the United States or the
208-101
214+104
209215 spouse of a DOD civilian while the individual or DOD civilian is stationed within this
210-102
216+105
211217 state, if:
212-103
218+106
213219 (a) the spouse holds a valid license to practice the regulated occupation or profession
214-104
220+107
215221 issued by any other state or jurisdiction recognized by the department; and
216-105
222+108
217223 (b) the license is current and the spouse is in good standing in the state or jurisdiction of
218-106
224+109
219225 licensure.
220-107
226+110
221227 Section 3. Section 13-1-15 is amended to read:
222-108
228+111
223229 13-1-15 . Exemptions from licensure.
224-109
230+112
225231 (1) As used in this section, "DOD civilian" means the same as that term is defined in
226-110
232+113
227233 Section 53B-8-102.
228-111
234+114
229235 (2) Except as otherwise provided by statute or rule, the following individuals may
230-112
236+115
231237 engage in the practice of an occupation or profession regulated by this title, subject to
232-113
238+116
233239 the stated circumstances and limitations, without being licensed under this title:
234-114
240+117
235241 [(1)] (a) an individual licensed under the laws of this state, other than under this title, to
236-115
242+118
237243 practice or engage in an occupation or profession, while engaged in the lawful,
238-116
244+119
239245 professional, and competent practice of that occupation or profession;
240-117
246+120
241247 [(2)] (b) an individual serving in the armed forces of the United States, the United States
242-118
248+121
243249 Public Health Service, the United States Department of Veterans Affairs, or any other
244-119
250+122
245251 federal agency while engaged in activities regulated under this title as a part of
246-120
252+123
247253 employment with that federal agency if the individual holds a valid license to practice
248-121
254+124
249255 the regulated occupation or profession issued by any other state or jurisdiction
250-122
256+125
251257 recognized by the department; and
252-123
258+126
253259 [(3)] (c) the spouse of an individual serving in the armed forces of the United States or
254-124
260+127
255261 the spouse of a DOD civilian while the individual or DOD civilian is stationed within
256-125
262+128
257263 this state, if:
258-126
264+129
259265 [(a)] (i) the spouse holds a valid license to practice the regulated occupation or
260-127
266+130
261267 profession issued by any other state or jurisdiction recognized by the department;
262-128
268+- 4 - 01-21 15:26 1st Sub. (Buff) S.B. 17
269+131
263270 and
264-129
271+132
265272 [(b)] (ii) the license is current and the spouse is in good standing in the state or
266-- 4 - Enrolled Copy S.B. 17
267-130
273+133
268274 jurisdiction of licensure.
269-131
275+134
270276 Section 4. Section 31A-23a-102 is amended to read:
271-132
277+135
272278 31A-23a-102 . Definitions.
273-133
279+136
274280 As used in this chapter:
275-134
281+137
276282 (1) "Bail bond producer" is as defined in Section 31A-35-102.
277-135
283+138
278284 (2) "Designated home state" means the state or territory of the United States or the District
279-136
285+139
280286 of Columbia:
281-137
287+140
282288 (a) in which an insurance producer, limited lines producer, consultant, managing general
283-138
289+141
284290 agent, or reinsurance intermediary licensee does not maintain the licensee's principal:
285-139
291+142
286292 (i) place of residence; or
287-140
293+143
288294 (ii) place of business;
289-141
295+144
290296 (b) if the resident state, territory, or District of Columbia of the licensee does not license
291-142
297+145
292298 for the line of authority sought, the licensee has qualified for the license as if the
293-143
299+146
294300 person were a resident in the state, territory, or District of Columbia described in
295-144
301+147
296302 Subsection (2)(a), including an applicable:
297-145
303+148
298304 (i) examination requirement;
299-146
305+149
300306 (ii) fingerprint background check requirement; and
301-147
307+150
302308 (iii) continuing education requirement; and
303-148
309+151
304310 (c) if the licensee has designated the state, territory, or District of Columbia as the
305-149
311+152
306312 designated home state.
307-150
313+153
308314 (3) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
309-151
315+154
310316 [(3)] (4) "Home state" means:
311-152
317+155
312318 (a) a state or territory of the United States or the District of Columbia in which an
313-153
319+156
314320 insurance producer, limited lines producer, consultant, managing general agent, or
315-154
321+157
316322 reinsurance intermediary licensee:
317-155
323+158
318324 (i) maintains the licensee's principal:
319-156
325+159
320326 (A) place of residence; or
321-157
327+160
322328 (B) place of business; and
323-158
329+161
324330 (ii) is licensed to act as a resident licensee; or
325-159
331+162
326332 (b) if the resident state, territory, or the District of Columbia described in Subsection [
327-160
333+163
328334 (3)(a)] (4)(a) does not license for the line of authority sought, a state, territory, or the
329-161
335+164
330336 District of Columbia:
331-162
337+- 5 - 1st Sub. (Buff) S.B. 17 01-21 15:26
338+165
332339 (i) in which the licensee is licensed;
333-163
340+166
334341 (ii) in which the licensee is in good standing; and
335-- 5 - S.B. 17 Enrolled Copy
336-164
342+167
337343 (iii) that the licensee has designated as the licensee's designated home state.
338-165
344+168
339345 [(4)] (5) "Insurer" is as defined in Section 31A-1-301, except that the following persons or
340-166
346+169
341347 similar persons are not insurers for purposes of Part 7, Producer Controlled Insurers:
342-167
348+170
343349 (a) a risk retention group as defined in:
344-168
350+171
345351 (i) the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499;
346-169
352+172
347353 (ii) the Risk Retention Act, 15 U.S.C. Sec. 3901 et seq.; and
348-170
354+173
349355 (iii) Chapter 15, Part 2, Risk Retention Groups Act;
350-171
356+174
351357 (b) a residual market pool;
352-172
358+175
353359 (c) a joint underwriting authority or association; and
354-173
360+176
355361 (d) a captive insurer.
356-174
362+177
357363 [(5)] (6) "License" is defined in Section 31A-1-301.
358-175
364+178
359365 [(6)] (7)(a) "Managing general agent" means a person that:
360-176
366+179
361367 (i) manages all or part of the insurance business of an insurer, including the
362-177
368+180
363369 management of a separate division, department, or underwriting office;
364-178
370+181
365371 (ii) acts as an agent for the insurer whether it is known as a managing general agent,
366-179
372+182
367373 manager, or other similar term;
368-180
374+183
369375 (iii) produces and underwrites an amount of gross direct written premium equal to, or
370-181
376+184
371377 more than, 5% of the policyholder surplus as reported in the last annual statement
372-182
378+185
373379 of the insurer in any one quarter or year:
374-183
380+186
375381 (A) with or without the authority;
376-184
382+187
377383 (B) separately or together with an affiliate; and
378-185
384+188
379385 (C) directly or indirectly; and
380-186
386+189
381387 (iv)(A) adjusts or pays claims in excess of an amount determined by the
382-187
388+190
383389 commissioner; or
384-188
390+191
385391 (B) negotiates reinsurance on behalf of the insurer.
386-189
392+192
387393 (b) Notwithstanding Subsection [(6)(a)] (7)(a), the following persons may not be
388-190
394+193
389395 considered as managing general agent for the purposes of this chapter:
390-191
396+194
391397 (i) an employee of the insurer;
392-192
398+195
393399 (ii) a United States manager of the United States branch of an alien insurer;
394-193
400+196
395401 (iii) an underwriting manager that, pursuant to contract:
396-194
402+197
397403 (A) manages all the insurance operations of the insurer;
398-195
404+198
399405 (B) is under common control with the insurer;
400-196
406+- 6 - 01-21 15:26 1st Sub. (Buff) S.B. 17
407+199
401408 (C) is subject to Chapter 16, Insurance Holding Companies; and
402-197
409+200
403410 (D) is not compensated based on the volume of premiums written; and
404-- 6 - Enrolled Copy S.B. 17
405-198
411+201
406412 (iv) the attorney-in-fact authorized by and acting for the subscribers of a reciprocal
407-199
413+202
408414 insurer or inter-insurance exchange under powers of attorney.
409-200
415+203
410416 [(7)] (8) "Negotiate" means the act of conferring directly with or offering advice directly to
411-201
417+204
412418 a purchaser or prospective purchaser of a particular contract of insurance concerning a
413-202
419+205
414420 substantive benefit, term, or condition of the contract if the person engaged in that act:
415-203
421+206
416422 (a) sells insurance; or
417-204
423+207
418424 (b) obtains insurance from insurers for purchasers.
419-205
425+208
420426 [(8)] (9) "Reinsurance intermediary" means:
421-206
427+209
422428 (a) a reinsurance intermediary-broker; or
423-207
429+210
424430 (b) a reinsurance intermediary-manager.
425-208
431+211
426432 [(9)] (10) "Reinsurance intermediary-broker" means a person other than an officer or
427-209
433+212
428434 employee of the ceding insurer, firm, association, or corporation who solicits, negotiates,
429-210
435+213
430436 or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the
431-211
437+214
432438 authority or power to bind reinsurance on behalf of the insurer.
433-212
439+215
434440 [(10)] (11)(a) "Reinsurance intermediary-manager" means a person who:
435-213
441+216
436442 (i) has authority to bind or who manages all or part of the assumed reinsurance
437-214
443+217
438444 business of a reinsurer, including the management of a separate division,
439-215
445+218
440446 department, or underwriting office; and
441-216
447+219
442448 (ii) acts as an agent for the reinsurer whether the person is known as a reinsurance
443-217
449+220
444450 intermediary-manager, manager, or other similar term.
445-218
451+221
446452 (b) Notwithstanding Subsection [(10)(a)] (11)(a), the following persons may not be
447-219
453+222
448454 considered reinsurance intermediary-managers for the purpose of this chapter with
449-220
455+223
450456 respect to the reinsurer:
451-221
457+224
452458 (i) an employee of the reinsurer;
453-222
459+225
454460 (ii) a United States manager of the United States branch of an alien reinsurer;
455-223
461+226
456462 (iii) an underwriting manager that, pursuant to contract:
457-224
463+227
458464 (A) manages all the reinsurance operations of the reinsurer;
459-225
465+228
460466 (B) is under common control with the reinsurer;
461-226
467+229
462468 (C) is subject to Chapter 16, Insurance Holding Companies; and
463-227
469+230
464470 (D) is not compensated based on the volume of premiums written; and
465-228
471+231
466472 (iv) the manager of a group, association, pool, or organization of insurers that:
467-229
473+232
468474 (A) engage in joint underwriting or joint reinsurance; and
469-230
475+- 7 - 1st Sub. (Buff) S.B. 17 01-21 15:26
476+233
470477 (B) are subject to examination by the insurance commissioner of the state in
471-231
478+234
472479 which the manager's principal business office is located.
473-- 7 - S.B. 17 Enrolled Copy
474-232
480+235
475481 [(11)] (12) "Resident" is as defined by rule made by the commissioner in accordance with
476-233
482+236
477483 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
478-234
484+237
479485 [(12)] (13) "Sell" means to exchange a contract of insurance:
480-235
486+238
481487 (a) by any means;
482-236
488+239
483489 (b) for money or its equivalent; and
484-237
490+240
485491 (c) on behalf of an insurance company.
486-238
492+241
487493 [(13)] (14) "Solicit" means:
488-239
494+242
489495 (a) attempting to sell insurance;
490-240
496+243
491497 (b) asking or urging a person to apply for:
492-241
498+244
493499 (i) a particular kind of insurance; and
494-242
500+245
495501 (ii) insurance from a particular insurance company;
496-243
502+246
497503 (c) advertising insurance, including advertising for the purpose of obtaining leads for the
498-244
504+247
499505 sale of insurance; or
500-245
506+248
501507 (d) holding oneself out as being in the insurance business.
502-246
508+249
503509 [(14)] (15) "Terminate" means:
504-247
510+250
505511 (a) the cancellation of the relationship between:
506-248
512+251
507513 (i) an individual licensee or agency licensee and a particular insurer; or
508-249
514+252
509515 (ii) an individual licensee and a particular agency licensee; or
510-250
516+253
511517 (b) the termination of:
512-251
518+254
513519 (i) an individual licensee's or agency licensee's authority to transact insurance on
514-252
520+255
515521 behalf of a particular insurance company; or
516-253
522+256
517523 (ii) an individual licensee's authority to transact insurance on behalf of a particular
518-254
524+257
519525 agency licensee.
520-255
526+258
521527 [(15)] (16) "Title examination" means a license subline of authority in conjunction with the
522-256
528+259
523529 title insurance line of authority that allows a person to issue title insurance commitments
524-257
530+260
525531 or policies on behalf of a title insurer.
526-258
532+261
527533 [(16)] (17) "Title marketing representative" means a person who:
528-259
534+262
529535 (a) represents a title insurer in soliciting, requesting, or negotiating the placing of:
530-260
536+263
531537 (i) title insurance; or
532-261
538+264
533539 (ii) escrow services; and
534-262
540+265
535541 (b) does not have a title examination or escrow license as provided in Section
536-263
542+266
537543 31A-23a-106.
538-264
544+- 8 - 01-21 15:26 1st Sub. (Buff) S.B. 17
545+267
539546 [(17)] (18) "Uniform application" means the version of the National Association of
540-265
547+268
541548 Insurance Commissioners' uniform application for resident and nonresident producer
542-- 8 - Enrolled Copy S.B. 17
543-266
549+269
544550 licensing at the time the application is filed.
545-267
551+270
546552 [(18)] (19) "Uniform business entity application" means the version of the National
547-268
553+271
548554 Association of Insurance Commissioners' uniform business entity application for
549-269
555+272
550556 resident and nonresident business entities at the time the application is filed.
551-270
557+273
552558 Section 5. Section 31A-23a-104 is amended to read:
553-271
559+274
554560 31A-23a-104 . Application for individual license -- Application for agency license.
555-272
561+275
556562 (1) This section applies to an initial or renewal license as a:
557-273
563+276
558564 (a) producer;
559-274
565+277
560566 (b) surplus lines producer;
561-275
567+278
562568 (c) limited line producer;
563-276
569+279
564570 (d) consultant;
565-277
571+280
566572 (e) managing general agent; or
567-278
573+281
568574 (f) reinsurance intermediary.
569-279
575+282
570576 (2)(a) Subject to Subsection (2)(b), to obtain or renew an individual license, an
571-280
577+283
572578 individual shall:
573-281
579+284
574580 (i) file an application for an initial or renewal individual license with the
575-282
581+285
576582 commissioner on forms and in a manner the commissioner prescribes; and
577-283
583+286
578584 (ii) except as provided in Subsection (6), pay a license fee that is not refunded if the
579-284
585+287
580586 application:
581-285
587+288
582588 (A) is denied; or
583-286
589+289
584590 (B) is incomplete when filed and is never completed by the applicant.
585-287
591+290
586592 (b) An application described in this Subsection (2) shall provide:
587-288
593+291
588594 (i) information about the applicant's identity;
589-289
595+292
590596 (ii) the applicant's Social Security number;
591-290
597+293
592598 (iii) the applicant's personal history, experience, education, and business record;
593-291
599+294
594600 (iv) whether the applicant is 18 years [of age] old or older;
595-292
601+295
596602 (v) whether the applicant has committed an act that is a ground for denial,
597-293
603+296
598604 suspension, or revocation as set forth in Section 31A-23a-105 or 31A-23a-111;
599-294
605+297
600606 (vi) if the application is for a resident individual producer license, certification that
601-295
607+298
602608 the applicant complies with Section 31A-23a-203.5; and
603-296
609+299
604610 (vii) any other information the commissioner reasonably requires.
605-297
611+300
606612 (3) The commissioner may require a document reasonably necessary to verify the
607-298
613+- 9 - 1st Sub. (Buff) S.B. 17 01-21 15:26
614+301
608615 information contained in an application filed under this section.
609-299
616+302
610617 (4) An applicant's Social Security number contained in an application filed under this
611-- 9 - S.B. 17 Enrolled Copy
612-300
618+303
613619 section is a private record under Section 63G-2-302.
614-301
620+304
615621 (5)(a) Subject to Subsection (5)(b), to obtain or renew an agency license, a person shall:
616-302
622+305
617623 (i) file an application for an initial or renewal agency license with the commissioner
618-303
624+306
619625 on forms and in a manner the commissioner prescribes; and
620-304
626+307
621627 (ii) pay a license fee that is not refunded if the application:
622-305
628+308
623629 (A) is denied; or
624-306
630+309
625631 (B) is incomplete when filed and is never completed by the applicant.
626-307
632+310
627633 (b) An application described in Subsection (5)(a) shall provide:
628-308
634+311
629635 (i) information about the applicant's identity;
630-309
636+312
631637 (ii) the applicant's federal employer identification number;
632-310
638+313
633639 (iii) the designated responsible licensed individual;
634-311
640+314
635641 (iv) the identity of the owners, partners, officers, and directors;
636-312
642+315
637643 (v) whether the applicant has committed an act that is a ground for denial,
638-313
644+316
639645 suspension, or revocation as set forth in Section 31A-23a-105 or 31A-23a-111; and
640-314
646+317
641647 (vi) any other information the commissioner reasonably requires.
642-315
648+318
643649 (6) The following individuals are exempt from paying a license fee:
644-316
650+319
645651 (a) an individual serving in the armed forces of the United States while the individual is
646-317
652+320
647653 stationed within this state, if:
648-318
654+321
649655 (i) the individual holds a valid license to practice the regulated occupation or
650-319
656+322
651657 profession issued by any other state or jurisdiction recognized by the department;
652-320
658+323
653659 and
654-321
660+324
655661 (ii) the license is current and the individual is in good standing in the state or
656-322
662+325
657663 jurisdiction of licensure; and
658-323
664+326
659665 (b) the spouse of an individual serving in the armed forces of the United States or the
660-324
666+327
661667 spouse of a DOD civilian while the individual or DOD civilian is stationed within
662-325
668+328
663669 this state, if:
664-326
670+329
665671 (i) the spouse holds a valid license to practice the regulated occupation or profession
666-327
672+330
667673 issued by any other state or jurisdiction recognized by the department; and
668-328
674+331
669675 (ii) the license is current and the spouse is in good standing in the state or jurisdiction
670-329
676+332
671677 of licensure.
672-330
678+333
673679 Section 6. Section 31A-26-102 is amended to read:
674-331
680+334
675681 31A-26-102 . Definitions.
676-332
682+- 10 - 01-21 15:26 1st Sub. (Buff) S.B. 17
683+335
677684 As used in this chapter, unless expressly provided otherwise:
678-333
685+336
679686 (1) "Company adjuster" means a person employed by an insurer who negotiates or settles
680-- 10 - Enrolled Copy S.B. 17
681-334
687+337
682688 claims on behalf of the insurer or an affiliated insurer.
683-335
689+338
684690 (2) "Designated home state" means the state or territory of the United States or the District
685-336
691+339
686692 of Columbia:
687-337
693+340
688694 (a) in which an insurance adjuster does not maintain the adjuster's principal:
689-338
695+341
690696 (i) place of residence; or
691-339
697+342
692698 (ii) place of business;
693-340
699+343
694700 (b) if the resident state, territory, or District of Columbia of the adjuster does not license
695-341
701+344
696702 adjusters for the line of authority sought, the adjuster has qualified for the license as
697-342
703+345
698704 if the person were a resident in the state, territory, or District of Columbia described
699-343
705+346
700706 in Subsection (2)(a), including an applicable:
701-344
707+347
702708 (i) examination requirement;
703-345
709+348
704710 (ii) fingerprint background check requirement; and
705-346
711+349
706712 (iii) continuing education requirement; and
707-347
713+350
708714 (c) that the adjuster has designated as the insurance adjuster's designated home state.
709-348
715+351
710716 (3) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
711-349
717+352
712718 [(3)] (4) "Home state" means:
713-350
719+353
714720 (a) a state or territory of the United States or the District of Columbia in which an
715-351
721+354
716722 insurance adjuster:
717-352
723+355
718724 (i) maintains the adjuster's principal:
719-353
725+356
720726 (A) place of residence; or
721-354
727+357
722728 (B) place of business; and
723-355
729+358
724730 (ii) is licensed to act as a resident adjuster; or
725-356
731+359
726732 (b) if the resident state, territory, or the District of Columbia described in Subsection [
727-357
733+360
728734 (3)(a)] (4)(a) does not license adjusters for the line of authority sought, a state,
729-358
735+361
730736 territory, or the District of Columbia:
731-359
737+362
732738 (i) in which the adjuster is licensed;
733-360
739+363
734740 (ii) in which the adjuster is in good standing; and
735-361
741+364
736742 (iii) that the adjuster has designated as the adjuster's designated home state.
737-362
743+365
738744 [(4)] (5) "Independent adjuster" means an insurance adjuster required to be licensed under
739-363
745+366
740746 Section 31A-26-201, who engages in insurance adjusting as a representative of one or
741-364
747+367
742748 more insurers.
743-365
749+368
744750 [(5)] (6) "Insurance adjusting" or "adjusting" means directing or conducting the
745-366
751+- 11 - 1st Sub. (Buff) S.B. 17 01-21 15:26
752+369
746753 investigation, negotiation, or settlement of a claim under an insurance policy, on behalf
747-367
754+370
748755 of an insurer, policyholder, or a claimant under an insurance policy.
749-- 11 - S.B. 17 Enrolled Copy
750-368
756+371
751757 [(6)] (7)(a) "Organization" means a person other than a natural person.
752-369
758+372
753759 (b) "Organization" includes a sole proprietorship by which a natural person does
754-370
760+373
755761 business under an assumed name.
756-371
762+374
757763 [(7)] (8) "Portable electronics insurance" means the same as that term is defined in Section
758-372
764+375
759765 31A-22-1802.
760-373
766+376
761767 [(8)] (9) "Public adjuster" means a person required to be licensed under Section 31A-26-201,
762-374
768+377
763769 who engages in insurance adjusting as a representative of insureds and claimants under
764-375
770+378
765771 insurance policies.
766-376
772+379
767773 Section 7. Section 31A-26-202 is amended to read:
768-377
774+380
769775 31A-26-202 . Application for license.
770-378
776+381
771777 (1)(a) The application for a license as an independent adjuster or public adjuster shall be:
772-379
778+382
773779 (i) made to the commissioner on forms and in a manner the commissioner prescribes;
774-380
780+383
775781 and
776-381
782+384
777783 (ii) except as provided in Subsection (4), accompanied by the applicable fee, which is
778-382
784+385
779785 not refunded if the application is denied.
780-383
786+386
781787 (b) The application shall provide:
782-384
788+387
783789 (i) information about the applicant's identity, including:
784-385
790+388
785791 (A) the applicant's:
786-386
792+389
787793 (I) Social Security number; or
788-387
794+390
789795 (II) federal employer identification number;
790-388
796+391
791797 (B) the applicant's personal history, experience, education, and business record;
792-389
798+392
793799 (C) if the applicant is a natural person, whether the applicant is 18 years [of age]
794-390
800+393
795801 old or older; and
796-391
802+394
797803 (D) whether the applicant has committed an act that is a ground for denial,
798-392
804+395
799805 suspension, or revocation as set forth in Section 31A-25-208; and
800-393
806+396
801807 (ii) any other information as the commissioner reasonably requires.
802-394
808+397
803809 (2) The commissioner may require documents reasonably necessary to verify the
804-395
810+398
805811 information contained in the application.
806-396
812+399
807813 (3) An applicant's Social Security number contained in an application filed under this
808-397
814+400
809815 section is a private record under Section 63G-2-302.
810-398
816+401
811817 (4) The following individuals are exempt from paying a license fee:
812-399
818+402
813819 (a) an individual serving in the armed forces of the United States while the individual is
814-400
820+- 12 - 01-21 15:26 1st Sub. (Buff) S.B. 17
821+403
815822 stationed within this state, if:
816-401
823+404
817824 (i) the individual holds a valid license to practice the regulated occupation or
818-- 12 - Enrolled Copy S.B. 17
819-402
825+405
820826 profession issued by any other state or jurisdiction recognized by the department;
821-403
827+406
822828 and
823-404
829+407
824830 (ii) the license is current and the individual is in good standing in the state or
825-405
831+408
826832 jurisdiction of licensure; and
827-406
833+409
828834 (b) the spouse of an individual serving in the armed forces of the United States or the
829-407
835+410
830836 spouse of a DOD civilian while the individual or DOD civilian is stationed within
831-408
837+411
832838 this state, if:
833-409
839+412
834840 (i) the spouse holds a valid license to practice the regulated occupation or profession
835-410
841+413
836842 issued by any other state or jurisdiction recognized by the department; and
837-411
843+414
838844 (ii) the license is current and the spouse is in good standing in the state or jurisdiction
839-412
845+415
840846 of licensure.
841-413
847+416
842848 Section 8. Section 53-9-102 is amended to read:
843-414
849+417
844850 53-9-102 . Definitions.
845-415
851+418
846852 In this chapter, unless otherwise stated:
847-416
853+419
848854 (1) "Adequate records" means records containing, at a minimum, sufficient information to
849-417
855+420
850856 identify the client, the dates of service, the fee for service, the payments for service, the
851-418
857+421
852858 type of service given, and copies of any reports that may have been made.
853-419
859+422
854860 (2) "Advertising" means the submission of bids, contracting or making known by any
855-420
861+423
856862 public notice, publication, or solicitation of business, directly or indirectly, that services
857-421
863+424
858864 regulated under this chapter are available for consideration.
859-422
865+425
860866 (3) "Agency" means a person who holds an agency license pursuant to this chapter, and
861-423
867+426
862868 includes one who employs an individual for wages and salary, and withholds all legally
863-424
869+427
864870 required deductions and contributions, or contracts with a registrant or an apprentice on
865-425
871+428
866872 a part-time or case-by-case basis to conduct an investigation on behalf of the agency.
867-426
873+429
868874 (4) "Applicant" means any person who has submitted a completed application and all
869-427
875+430
870876 required fees.
871-428
877+431
872878 (5) "Apprentice" means a person who holds an apprentice license pursuant to this chapter,
873-429
879+432
874880 has not met the requirements for registration, and works under the direct supervision and
875-430
881+433
876882 guidance of an agency.
877-431
883+434
878884 (6) "Board" means the Bail Bond Recovery and Private Investigator Licensure Board
879-432
885+435
880886 created in Section 53-11-104.
881-433
887+436
882888 (7) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
883-434
889+- 13 - 1st Sub. (Buff) S.B. 17 01-21 15:26
890+437
884891 (8) "Commissioner" means the commissioner of the Department of Public Safety.
885-435
892+438
886893 (9) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting
887-- 13 - S.B. 17 Enrolled Copy
888-436
894+439
889895 from trial or plea, including a plea of no contest, regardless of whether the imposition of
890-437
896+440
891897 sentence was suspended.
892-438
898+441
893899 (10) "Department" means the Department of Public Safety.
894-439
900+442
895901 (11) "Direct supervision" means that the agency or employer:
896-440
902+443
897903 (a) is responsible for, and authorizes, the type and extent of work assigned;
898-441
904+444
899905 (b) reviews and approves all work produced by the apprentice before it goes to the client;
900-442
906+445
901907 (c) closely supervises and provides direction and guidance to the apprentice in the
902-443
908+446
903909 performance of his assigned work; and
904-444
910+447
905911 (d) is immediately available to the apprentice for verbal contact, including by electronic
906-445
912+448
907913 means.
908-446
914+449
909915 (12) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
910-447
916+450
911917 [(12)] (13) "Emergency action" means a summary suspension of a license pending
912-448
918+451
913919 revocation, suspension, or probation in order to protect the public health, safety, or
914-449
920+452
915921 welfare.
916-450
922+453
917923 [(13)] (14) "Employee" means an individual who works for an agency or other employer, is
918-451
924+454
919925 listed on the agency's or employer's payroll records, and is under the agency's or
920-452
926+455
921927 employer's direction and control. An employee is not an independent contractor.
922-453
928+456
923929 [(14)] (15) "Identification card" means a card issued by the commissioner to a qualified
924-454
930+457
925931 applicant for an agency, registrant, or apprentice license.
926-455
932+458
927933 [(15)] (16) "Letter of concern" means an advisory letter to notify a licensee that while there
928-456
934+459
929935 is insufficient evidence to support probation, suspension, or revocation of a license, the
930-457
936+460
931937 department informs the licensee of the need to modify or eliminate certain practices and
932-458
938+461
933939 that continuation of the activities that led to the information being submitted to the
934-459
940+462
935941 department may result in further disciplinary action against the licensee.
936-460
942+463
937943 [(16)] (17) "Licensee" means a person to whom an agency, registrant, or apprentice license
938-461
944+464
939945 is issued by the department.
940-462
946+465
941947 [(17)] (18)(a) "Private investigator or private detective" means any person, except
942-463
948+466
943949 collection agencies and credit reporting agencies, who, for consideration, engages in
944-464
950+467
945951 business or accepts employment to conduct any investigation for the purpose of
946-465
952+468
947953 obtaining information with reference to:
948-466
954+469
949955 (i) crime, wrongful acts, or threats against the United States or any state or territory
950-467
956+470
951957 of the United States;
952-468
958+- 14 - 01-21 15:26 1st Sub. (Buff) S.B. 17
959+471
953960 (ii) the identity, reputation, character, habits, conduct, business occupation, honesty,
954-469
961+472
955962 integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
956-- 14 - Enrolled Copy S.B. 17
957-470
963+473
958964 movements, whereabouts, affiliations, associations, or transactions of any person
959-471
965+474
960966 or group of persons;
961-472
967+475
962968 (iii) the credibility of witnesses or other persons;
963-473
969+476
964970 (iv) the whereabouts of missing persons or owners of abandoned property;
965-474
971+477
966972 (v) the causes and origin of, or responsibility for a fire, libel, slander, a loss, an
967-475
973+478
968974 accident, damage, or an injury to real or personal property;
969-476
975+479
970976 (vi) the business of securing evidence to be used before investigating committees or
971-477
977+480
972978 boards of award or arbitration or in the trial of civil or criminal cases and the trial
973-478
979+481
974980 preparation;
975-479
981+482
976982 (vii) the prevention, detection, and removal of installed devices for eavesdropping or
977-480
983+483
978984 observation;
979-481
985+484
980986 (viii) the business of "skip tracing" persons who have become delinquent in their
981-482
987+485
982988 lawful debts, either when hired by an individual, collection agency, or through the
983-483
989+486
984990 direct purchase of the debt from a financial institution or entity owning the debt or
985-484
991+487
986992 judgment; or
987-485
993+488
988994 (ix) serving civil process.
989-486
995+489
990996 (b) "Private investigator or private detective" does not include:
991-487
997+490
992998 (i) any person or employee conducting an investigation on the person's or employee's
993-488
999+491
9941000 own behalf or on behalf of the employer if the employer is not a private
995-489
1001+492
9961002 investigator under this chapter;
997-490
1003+493
9981004 (ii) an employee of an attorney licensed to practice law in this state; or
999-491
1005+494
10001006 (iii) a currently licensed certified public accountant or CPA as defined in Section
1001-492
1007+495
10021008 58-26a-102.
1003-493
1009+496
10041010 [(18)] (19) "Qualifying party" means the individual meeting the qualifications under this
1005-494
1011+497
10061012 chapter for a private investigator license.
1007-495
1013+498
10081014 [(19)] (20) "Registrant" means any person who holds a registrant license pursuant to this
1009-496
1015+499
10101016 chapter. The registrant performs private investigative work either as an employee on an
1011-497
1017+500
10121018 employer's payroll or, on a contract with an agency, part-time, or case-by-case basis,
1013-498
1019+501
10141020 with a minimum amount of direction.
1015-499
1021+502
10161022 [(20)] (21) "Restructuring" means any change in the legal status of a business.
1017-500
1023+503
10181024 [(21)] (22) "Unprofessional conduct" means any of the following:
1019-501
1025+504
10201026 (a) engaging or offering to engage by fraud or misrepresentation in any activities
1021-502
1027+- 15 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1028+505
10221029 regulated by this chapter;
1023-503
1030+506
10241031 (b) aiding or abetting a person who is not licensed pursuant to this chapter in
1025-- 15 - S.B. 17 Enrolled Copy
1026-504
1032+507
10271033 representing that person as a private investigator or registrant in this state;
1028-505
1034+508
10291035 (c) gross negligence in the practice of a private investigator or registrant;
1030-506
1036+509
10311037 (d) failing or refusing to maintain adequate records and investigative findings on a
1032-507
1038+510
10331039 subject of investigation or a client;
1034-508
1040+511
10351041 (e) committing a felony or a misdemeanor involving any crime that is grounds for
1036-509
1042+512
10371043 denial, suspension, or revocation of an agency, registrant, or apprentice license. In
1038-510
1044+513
10391045 all cases, conviction by a court of competent jurisdiction or a plea of no contest is
1040-511
1046+514
10411047 conclusive evidence of the commission of the crime; or
1042-512
1048+515
10431049 (f) making a fraudulent or untrue statement to the bureau, board, department, or its
1044-513
1050+516
10451051 investigators, staff, or consultants.
1046-514
1052+517
10471053 Section 9. Section 53-9-122 is amended to read:
1048-515
1054+518
10491055 53-9-122 . Exemptions from licensure.
1050-516
1056+519
10511057 Except as otherwise provided by statute or rule, the following individuals may engage in
1052-517
1058+520
10531059 the practice of an occupation or profession regulated by this chapter, subject to the stated
1054-518
1060+521
10551061 circumstances and limitations, without being licensed under this title:
1056-519
1062+522
10571063 (1) an individual licensed under the laws of this state, other than under this chapter, to
1058-520
1064+523
10591065 practice or engage in an occupation or profession, while engaged in the lawful,
1060-521
1066+524
10611067 professional, and competent practice of that occupation or profession;
1062-522
1068+525
10631069 (2) an individual serving in the armed forces of the United States, the United States Public
1064-523
1070+526
10651071 Health Service, the United States Department of Veterans Affairs, or any other federal
1066-524
1072+527
10671073 agency while engaged in activities regulated under this title as a part of employment
1068-525
1074+528
10691075 with that federal agency if the individual holds a valid license to practice the regulated
1070-526
1076+529
10711077 occupation or profession issued by any other state or jurisdiction recognized by the
1072-527
1078+530
10731079 department; and
1074-528
1080+531
10751081 (3) the spouse of an individual serving in the armed forces of the United States or the
1076-529
1082+532
10771083 spouse of a DOD civilian while the individual or DOD civilian is stationed within this
1078-530
1084+533
10791085 state, if:
1080-531
1086+534
10811087 (a) the spouse holds a valid license to practice the regulated occupation or profession
1082-532
1088+535
10831089 issued by any other state or jurisdiction recognized by the department; and
1084-533
1090+536
10851091 (b) the license is current and the spouse is in good standing in the state or jurisdiction of
1086-534
1092+537
10871093 licensure.
1088-535
1094+538
10891095 The following section is affected by a coordination clause at the end of this bill.
1090-536
1096+- 16 - 01-21 15:26 1st Sub. (Buff) S.B. 17
1097+539
10911098 Section 10. Section 53B-8-102 is amended to read:
1092-537
1099+540
10931100 53B-8-102 . Definitions -- Resident student status -- Exceptions.
1094-- 16 - Enrolled Copy S.B. 17
1095-538
1101+541
10961102 (1) As used in this section:
1097-539
1103+542
10981104 (a) "DOD civilian" means an employee of the United States Department of Defense who
1099-540
1105+543
11001106 is assigned to perform the employee's duties at a military organization based in Utah.
1101-541
1107+544
11021108 [(a)] (b) "Eligible person" means an individual who is entitled to post-secondary
1103-542
1109+545
11041110 educational benefits under Title 38 U.S.C., Veterans' Benefits.
1105-543
1111+546
11061112 [(b)] (c) "Immediate family member" means an individual's spouse or dependent child.
1107-544
1113+547
11081114 [(c)] (d) "Inmate" means the same as that term is defined in Section 64-13-1.
1109-545
1115+548
11101116 [(d)] (e) "Military service member" means an individual who:
1111-546
1117+549
11121118 (i) is serving on active duty in the United States Armed Forces within the state of
1113-547
1119+550
11141120 Utah;
1115-548
1121+551
11161122 (ii) is a member of a reserve component of the United States Armed Forces assigned
1117-549
1123+552
11181124 in Utah;
1119-550
1125+553
11201126 (iii) is a member of the Utah National Guard; or
1121-551
1127+554
11221128 (iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
1123-552
1129+555
11241130 outside of Utah pursuant to federal permanent change of station orders.
1125-553
1131+556
11261132 [(e)] (f) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
1127-554
1133+557
11281134 [(f)] (g) "Parent" means a student's biological or adoptive parent.
1129-555
1135+558
11301136 (2) The meaning of "resident student" is determined by reference to the general law on the
1131-556
1137+559
11321138 subject of domicile, except as provided in this section.
1133-557
1139+560
11341140 (3)(a) Institutions within the state system of higher education may grant resident student
1135-558
1141+561
11361142 status to any student who has come to Utah and established residency for the purpose
1137-559
1143+562
11381144 of attending an institution of higher education, and who, prior to registration as a
1139-560
1145+563
11401146 resident student:
1141-561
1147+564
11421148 (i) has maintained continuous Utah residency status for one full year;
1143-562
1149+565
11441150 (ii) has signed a written declaration that the student has relinquished residency in any
1145-563
1151+566
11461152 other state; and
1147-564
1153+567
11481154 (iii) has submitted objective evidence that the student has taken overt steps to
1149-565
1155+568
11501156 establish permanent residency in Utah and that the student does not maintain a
1151-566
1157+569
11521158 residence elsewhere.
1153-567
1159+570
11541160 (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
1155-568
1161+571
11561162 (i) a Utah high school transcript issued in the past year confirming attendance at a
1157-569
1163+572
11581164 Utah high school in the past 12 months;
1159-570
1165+- 17 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1166+573
11601167 (ii) a Utah voter registration dated a reasonable period prior to application;
1161-571
1168+574
11621169 (iii) a Utah driver license or identification card with an original date of issue or a
1163-- 17 - S.B. 17 Enrolled Copy
1164-572
1170+575
11651171 renewal date several months prior to application;
1166-573
1172+576
11671173 (iv) a Utah vehicle registration dated a reasonable period prior to application;
1168-574
1174+577
11691175 (v) evidence of employment in Utah for a reasonable period prior to application;
1170-575
1176+578
11711177 (vi) proof of payment of Utah resident income taxes for the previous year;
1172-576
1178+579
11731179 (vii) a rental agreement showing the student's name and Utah address for at least 12
1174-577
1180+580
11751181 months prior to application; and
1176-578
1182+581
11771183 (viii) utility bills showing the student's name and Utah address for at least 12 months
1178-579
1184+582
11791185 prior to application.
1180-580
1186+583
11811187 (c) A student who is claimed as a dependent on the tax returns of a person who is not a
1182-581
1188+584
11831189 resident of Utah is not eligible to apply for resident student status.
1184-582
1190+585
11851191 (4) Except as provided in Subsection (8), an institution within the state system of higher
1186-583
1192+586
11871193 education may establish stricter criteria for determining resident student status.
1188-584
1194+587
11891195 (5) If an institution does not have a minimum credit-hour requirement, that institution shall
1190-585
1196+588
11911197 honor the decision of another institution within the state system of higher education to
1192-586
1198+589
11931199 grant a student resident student status, unless:
1194-587
1200+590
11951201 (a) the student obtained resident student status under false pretenses; or
1196-588
1202+591
11971203 (b) the facts existing at the time of the granting of resident student status have changed.
1198-589
1204+592
11991205 (6) Within the limits established in Chapter 8, Tuition Waiver and Scholarships, each
1200-590
1206+593
12011207 institution within the state system of higher education may, regardless of its policy on
1202-591
1208+594
12031209 obtaining resident student status, waive nonresident tuition either in whole or in part, but
1204-592
1210+595
12051211 not other fees.
1206-593
1212+596
12071213 (7) In addition to the waivers of nonresident tuition under Subsection (6), each institution
1208-594
1214+597
12091215 may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the
1210-595
1216+598
12111217 maximum number allowed by the appropriate athletic conference as recommended by
1212-596
1218+599
12131219 the president of each institution.
1214-597
1220+600
12151221 (8) Notwithstanding Subsection (3), an institution within the state system of higher
1216-598
1222+601
12171223 education shall grant resident student status for tuition purposes to:
1218-599
1224+602
12191225 (a) a military service member, if the military service member provides:
1220-600
1226+603
12211227 (i) the military service member's current United States military identification card;
1222-601
1228+604
12231229 and
1224-602
1230+605
12251231 (ii)(A) a statement from the military service member's current commander, or
1226-603
1232+606
12271233 equivalent, stating that the military service member is assigned in Utah; or
1228-604
1234+- 18 - 01-21 15:26 1st Sub. (Buff) S.B. 17
1235+607
12291236 (B) evidence that the military service member is domiciled in Utah, as described
1230-605
1237+608
12311238 in Subsection (9)(a);
1232-- 18 - Enrolled Copy S.B. 17
1233-606
1239+609
12341240 (b) a military service member's immediate family member, if the military service
1235-607
1241+610
12361242 member's immediate family member provides:
1237-608
1243+611
12381244 (i)(A) the military service member's current United States military identification
1239-609
1245+612
12401246 card; or
1241-610
1247+613
12421248 (B) the immediate family member's current United States military identification
1243-611
1249+614
12441250 card; and
1245-612
1251+615
12461252 (ii)(A) a statement from the military service member's current commander, or
1247-613
1253+616
12481254 equivalent, stating that the military service member is assigned in Utah;
1249-614
1255+617
12501256 (B) evidence that the military service member is domiciled in Utah, as described
1251-615
1257+618
12521258 in Subsection (9)(a); or
1253-616
1259+619
12541260 (C) evidence that the immediate family member completed at least one year of
1255-617
1261+620
12561262 grades 9 through 12 at a local education agency, as defined in Section
1257-618
1263+621
12581264 53E-1-102, within the state while the military service member was assigned in
1259-619
1265+622
12601266 Utah, regardless of the service member's current assignment[.] ;
1261-620
1267+623
12621268 (c) a military veteran, regardless of whether the military veteran served in Utah, if the
1263-621
1269+624
12641270 military veteran provides:
1265-622
1271+625
12661272 (i) evidence of an honorable or general discharge;
1267-623
1273+626
12681274 (ii) a signed written declaration that the military veteran has relinquished residency in
1269-624
1275+627
12701276 any other state and does not maintain a residence elsewhere;
1271-625
1277+628
12721278 (iii) objective evidence that the military veteran has demonstrated an intent to
1273-626
1279+629
12741280 establish residency in Utah, which may include any one of the following:
1275-627
1281+630
12761282 (A) a Utah voter registration card;
1277-628
1283+631
12781284 (B) a Utah driver license or identification card;
1279-629
1285+632
12801286 (C) a Utah vehicle registration;
1281-630
1287+633
12821288 (D) evidence of employment in Utah;
1283-631
1289+634
12841290 (E) a rental agreement showing the military veteran's name and Utah address; or
1285-632
1291+635
12861292 (F) utility bills showing the military veteran's name and Utah address;
1287-633
1293+636
12881294 (d) a military veteran's immediate family member, regardless of whether the military
1289-634
1295+637
12901296 veteran served in Utah, if the military veteran's immediate family member provides:
1291-635
1297+638
12921298 (i) evidence of the military veteran's honorable or general discharge;
1293-636
1299+639
12941300 (ii) a signed written declaration that the military veteran's immediate family member
1295-637
1301+640
12961302 has relinquished residency in any other state and does not maintain a residence
1297-638
1303+- 19 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1304+641
12981305 elsewhere; and
1299-639
1306+642
13001307 (iii) objective evidence that the military veteran's immediate family member has
1301-- 19 - S.B. 17 Enrolled Copy
1302-640
1308+643
13031309 demonstrated an intent to establish residency in Utah, which may include one of
1304-641
1310+644
13051311 the items described in Subsection (8)(c)(iii);
1306-642
1312+645
13071313 (e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
1308-643
1314+646
13091315 is either:
1310-644
1316+647
13111317 (i) domiciled in Utah, recognizing the individual may not be physically present in the
1312-645
1318+648
13131319 state due to an assignment; or
1314-646
1320+649
13151321 (ii) assigned to a duty station in Utah if the foreign service member provides:
1316-647
1322+650
13171323 (A) evidence of the foreign service member's status;
1318-648
1324+651
13191325 (B) a statement from the foreign service member's current commander, or
1320-649
1326+652
13211327 equivalent, stating that the foreign service member is assigned in Utah; or
1322-650
1328+653
13231329 (C) evidence that the foreign service member is domiciled in Utah;
1324-651
1330+654
13251331 (f) a foreign service member's immediate family member if the foreign service member
1326-652
1332+655
13271333 is either:
1328-653
1334+656
13291335 (i) domiciled in Utah, recognizing the individual may not be physically present in the
1330-654
1336+657
13311337 state due to an assignment; or
1332-655
1338+658
13331339 (ii) assigned to a duty station in Utah if the foreign service member provides:
1334-656
1340+659
13351341 (A) evidence of the foreign service member's status;
1336-657
1342+660
13371343 (B) a statement from the foreign service member's current commander, or
1338-658
1344+661
13391345 equivalent, stating that the foreign service member is assigned in Utah; or
1340-659
1346+662
13411347 (C) evidence that the foreign service member is domiciled in Utah;
1342-660
1348+663
13431349 (g) an eligible person who provides:
1344-661
1350+664
13451351 (i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
1346-662
1352+665
13471353 (ii) a signed written declaration that the eligible person will use the Veteran Benefits
1348-663
1354+666
13491355 under Title 38 U.S.C.; and
1350-664
1356+667
13511357 (iii) objective evidence that the eligible person has demonstrated an intent to establish
1352-665
1358+668
13531359 residency in Utah, which may include one of the items described in Subsection
1354-666
1360+669
13551361 (8)(c)(iii);
1356-667
1362+670
13571363 (h) an alien who provides:
1358-668
1364+671
13591365 (i) evidence that the alien is a special immigrant visa recipient;
1360-669
1366+672
13611367 (ii) evidence that the alien has been granted refugee status, humanitarian parole,
1362-670
1368+673
13631369 temporary protected status, or asylum; or
1364-671
1370+674
13651371 (iii) evidence that the alien has submitted in good faith an application for refugee
1366-672
1372+- 20 - 01-21 15:26 1st Sub. (Buff) S.B. 17
1373+675
13671374 status, humanitarian parole, temporary protected status, or asylum under United
1368-673
1375+676
13691376 States immigration law;[ or]
1370-- 20 - Enrolled Copy S.B. 17
1371-674
1377+677
13721378 (i) an inmate:
1373-675
1379+678
13741380 (i) during the time the inmate is enrolled in the course; and
1375-676
1381+679
13761382 (ii) for one year after the day on which the inmate is released from a correctional
1377-677
1383+680
13781384 facility as defined in Section 64-13-1[.] ;
1379-678
1385+681
13801386 (j) a DOD civilian, if the DOD civilian provides:
1381-679
1387+682
13821388 (i) the DOD civilian's current United States Department of Defense identification
1383-680
1389+683
13841390 card; and
1385-681
1391+684
13861392 (ii)(A) a statement from the DOD civilian's current commander, or equivalent,
1387-682
1393+685
13881394 stating that the DOD civilian is assigned in Utah; or
1389-683
1395+686
13901396 (B) evidence that the DOD civilian is domiciled in Utah, as described in
1391-684
1397+687
13921398 Subsection (9)(a); or
1393-685
1399+688
13941400 (k) a DOD civilian's immediate family member, if the DOD civilian's immediate family
1395-686
1401+689
13961402 member provides:
1397-687
1403+690
13981404 (i) the DOD civilian's current United States Department of Defense identification
1399-688
1405+691
14001406 card; and
1401-689
1407+692
14021408 (ii)(A) a statement from the DOD civilian's current commander, or equivalent,
1403-690
1409+693
14041410 stating that the DOD civilian is assigned in Utah; or
1405-691
1411+694
14061412 (B) evidence that the DOD civilian is domiciled in Utah, as described in
1407-692
1413+695
14081414 Subsection (9)(a).
1409-693
1410-(9)(a) The evidence described in Subsection (8)(a)(ii)(B)[ or] , (8)(b)(ii)(B), (8)(j)(ii)(B),
1411-694
1415+696
1416+(9)(a) The evidence described in Subsection (8)(a)(ii)(B), [or ](8)(b)(ii)(B), (8)(j)(ii)(B),
1417+697
14121418 or (8)(k)(ii)(B) includes:
1413-695
1419+698
14141420 (i) a current Utah voter registration card;
1415-696
1421+699
14161422 (ii) a valid Utah driver license or identification card;
1417-697
1423+700
14181424 (iii) a current Utah vehicle registration;
1419-698
1425+701
14201426 (iv) a copy of a Utah income tax return, in the name of the military service [member's
1421-699
1427+702
14221428 or] member, military service member's [spouse's name] spouse, DOD civilian, or
1423-700
1429+703
14241430 DOD civilian's spouse filed as a resident in accordance with Section 59-10-502; or
1425-701
1431+704
14261432 (v) proof that the military service member[ or] , military service member's spouse,
1427-702
1433+705
14281434 DOD civilian, or DOD civilian's spouse owns a home in Utah, including a
1429-703
1435+706
14301436 property tax notice for property owned in Utah.
1431-704
1437+707
14321438 (b) Aliens who are present in the United States on visitor, student, or other visas not
1433-705
1439+708
14341440 listed in Subsection (8)(h) or (9)(c), which authorize only temporary presence in this
1435-706
1441+- 21 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1442+709
14361443 country, do not have the capacity to intend to reside in Utah for an indefinite period
1437-707
1444+710
14381445 and therefore are classified as nonresidents.
1439-- 21 - S.B. 17 Enrolled Copy
1440-708
1446+711
14411447 (c) Aliens who have been granted or have applied for permanent resident status in the
1442-709
1448+712
14431449 United States are classified for purposes of resident student status according to the
1444-710
1450+713
14451451 same criteria applicable to citizens.
1446-711
1452+714
14471453 (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or
1448-712
1454+715
14491455 trust lands lie partly or wholly within Utah or whose border is at any point contiguous
1450-713
1456+716
14511457 with the border of Utah, and any American Indian who is a member of a federally
1452-714
1458+717
14531459 recognized or known Utah tribe and who has graduated from a high school in Utah, is
1454-715
1460+718
14551461 entitled to resident student status.
1456-716
1462+719
14571463 (11) A Job Corps student is entitled to resident student status if the student:
1458-717
1464+720
14591465 (a) is admitted as a full-time, part-time, or summer school student in a program of study
1460-718
1466+721
14611467 leading to a degree or certificate; and
1462-719
1468+722
14631469 (b) submits verification that the student is a current Job Corps student.
1464-720
1470+723
14651471 (12) A person is entitled to resident student status and may immediately apply for resident
1466-721
1472+724
14671473 student status if the person:
1468-722
1474+725
14691475 (a) marries a Utah resident eligible to be a resident student under this section; and
1470-723
1476+726
14711477 (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
1472-724
1478+727
14731479 provided in Subsection (3).
1474-725
1480+728
14751481 (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one parent
1476-726
1482+729
14771483 who has been domiciled in Utah for at least 12 months prior to the student's application
1478-727
1484+730
14791485 is entitled to resident student status.
1480-728
1486+731
14811487 (14)(a) A person who has established domicile in Utah for full-time permanent
1482-729
1488+732
14831489 employment may rebut the presumption of a nonresident classification by providing
1484-730
1490+733
14851491 substantial evidence that the reason for the individual's move to Utah was, in good
1486-731
1492+734
14871493 faith, based on an employer requested transfer to Utah, recruitment by a Utah
1488-732
1494+735
14891495 employer, or a comparable work-related move for full-time permanent employment
1490-733
1496+736
14911497 in Utah.
1492-734
1498+737
14931499 (b) All relevant evidence concerning the motivation for the move shall be considered,
1494-735
1500+738
14951501 including:
1496-736
1502+739
14971503 (i) the person's employment and educational history;
1498-737
1504+740
14991505 (ii) the dates when Utah employment was first considered, offered, and accepted;
1500-738
1506+741
15011507 (iii) when the person moved to Utah;
1502-739
1508+742
15031509 (iv) the dates when the person applied for admission, was admitted, and was enrolled
1504-740
1510+- 22 - 01-21 15:26 1st Sub. (Buff) S.B. 17
1511+743
15051512 as a postsecondary student;
1506-741
1513+744
15071514 (v) whether the person applied for admission to an institution of higher education
1508-- 22 - Enrolled Copy S.B. 17
1509-742
1515+745
15101516 sooner than four months from the date of moving to Utah;
1511-743
1517+746
15121518 (vi) evidence that the person is an independent person who is:
1513-744
1519+747
15141520 (A) at least 24 years old; or
1515-745
1521+748
15161522 (B) not claimed as a dependent on someone else's tax returns; and
1517-746
1523+749
15181524 (vii) any other factors related to abandonment of a former domicile and establishment
1519-747
1525+750
15201526 of a new domicile in Utah for purposes other than to attend an institution of higher
1521-748
1527+751
15221528 education.
1523-749
1529+752
15241530 (15)(a) A person who is in residence in Utah to participate in a United States Olympic
1525-750
1531+753
15261532 athlete training program, at a facility in Utah, approved by the governing body for the
1527-751
1533+754
15281534 athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
1529-752
1535+755
15301536 (b) Upon the termination of the athlete's participation in the training program, the athlete
1531-753
1537+756
15321538 shall be subject to the same residency standards applicable to other persons under this
1533-754
1539+757
15341540 section.
1535-755
1541+758
15361542 (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
1537-756
1543+759
15381544 counts for Utah residency for tuition purposes upon termination of the athlete's
1539-757
1545+760
15401546 participation in a Utah Olympic athlete training program.
1541-758
1547+761
15421548 (16)(a) A person who has established domicile in Utah for reasons related to divorce, the
1543-759
1549+762
15441550 death of a spouse, or long-term health care responsibilities for an immediate family
1545-760
1551+763
15461552 member, including the person's spouse, parent, sibling, or child, may rebut the
1547-761
1553+764
15481554 presumption of a nonresident classification by providing substantial evidence that the
1549-762
1555+765
15501556 reason for the individual's move to Utah was, in good faith, based on the long-term
1551-763
1557+766
15521558 health care responsibilities.
1553-764
1559+767
15541560 (b) All relevant evidence concerning the motivation for the move shall be considered,
1555-765
1561+768
15561562 including:
1557-766
1563+769
15581564 (i) the person's employment and educational history;
1559-767
1565+770
15601566 (ii) the dates when the long-term health care responsibilities in Utah were first
1561-768
1567+771
15621568 considered, offered, and accepted;
1563-769
1569+772
15641570 (iii) when the person moved to Utah;
1565-770
1571+773
15661572 (iv) the dates when the person applied for admission, was admitted, and was enrolled
1567-771
1573+774
15681574 as a postsecondary student;
1569-772
1575+775
15701576 (v) whether the person applied for admission to an institution of higher education
1571-773
1577+776
15721578 sooner than four months from the date of moving to Utah;
1573-774
1579+- 23 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1580+777
15741581 (vi) evidence that the person is an independent person who is:
1575-775
1582+778
15761583 (A) at least 24 years old; or
1577-- 23 - S.B. 17 Enrolled Copy
1578-776
1584+779
15791585 (B) not claimed as a dependent on someone else's tax returns; and
1580-777
1586+780
15811587 (vii) any other factors related to abandonment of a former domicile and establishment
1582-778
1588+781
15831589 of a new domicile in Utah for purposes other than to attend an institution of higher
1584-779
1590+782
15851591 education.
1586-780
1592+783
15871593 (17) A foreign service member or the foreign service member's immediate family member
1588-781
1594+784
15891595 deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the
1590-782
1596+785
15911597 eligibility for resident student status if the foreign service member or immediate family
1592-783
1598+786
15931599 member maintains continuous enrollment even in the case of a change in domicile or
1594-784
1600+787
15951601 duty station.
1596-785
1602+788
15971603 (18) A DOD civilian or the DOD civilian's immediate family member deemed eligible for
1598-786
1604+789
15991605 resident student status under Subsection (8)(j) or (k) shall retain the eligibility for
1600-787
1606+790
16011607 resident student status if the DOD civilian or the DOD civilian's immediate family
1602-788
1608+791
16031609 member maintains continuous enrollment even in the case of a change in domicile or
1604-789
1610+792
16051611 duty station.
1606-790
1612+793
16071613 [(18)] (19) The board, after consultation with the institutions, shall make rules not
1608-791
1614+794
16091615 inconsistent with this section:
1610-792
1616+795
16111617 (a) concerning the definition of resident and nonresident students;
1612-793
1618+796
16131619 (b) establishing procedures for classifying and reclassifying students;
1614-794
1620+797
16151621 (c) establishing criteria for determining and judging claims of residency or domicile;
1616-795
1622+798
16171623 (d) establishing appeals procedures; and
1618-796
1624+799
16191625 (e) other matters related to this section.
1620-797
1626+800
16211627 [(19)] (20) A student shall be exempt from paying the nonresident portion of total tuition if
1622-798
1628+801
16231629 the student:
1624-799
1630+802
16251631 (a) is a foreign national legally admitted to the United States;
1626-800
1632+803
16271633 (b) attended high school in this state for three or more years; and
1628-801
1634+804
16291635 (c) graduated from a high school in this state or received the equivalent of a high school
1630-802
1636+805
16311637 diploma in this state.
1632-803
1638+806
16331639 Section 11. Section 53E-3-1201 is enacted to read:
1634-804
1640+807
16351641
16361642 Part 12. Education Opportunity for Children of United States Department of Defense
1637-805
1643+808
16381644
16391645 Employees
1640-806
1646+- 24 - 01-21 15:26 1st Sub. (Buff) S.B. 17
1647+809
16411648 53E-3-1201 . Definitions.
1642-807
1649+810
16431650 As used in this part:
1644-- 24 - Enrolled Copy S.B. 17
1645-808
1651+811
16461652 (1) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
1647-809
1653+812
16481654 (2) "Child of a DOD civilian family" means a school-aged child, enrolled in kindergarten
1649-810
1655+813
16501656 through grade 12, in the household of a currently serving DOD civilian.
1651-811
1657+814
16521658 (3) "Deployment" means the period one month prior to the DOD civilian's departure from
1653-812
1659+815
16541660 the DOD civilian's home station on orders through six months after return to the DOD
1655-813
1661+816
16561662 civilian's home station.
1657-814
1663+817
16581664 (4)(a) "Educational record" means an official record, file, or data directly related to a
1659-815
1665+818
16601666 student and maintained by a school or an LEA.
1661-816
1667+819
16621668 (b) "Educational record" includes records encompassing all the material kept in the
1663-817
1669+820
16641670 student's cumulative folder such as general identifying data, records of attendance,
1665-818
1671+821
16661672 and of academic work completed, records of achievement and results of evaluative
1667-819
1673+822
16681674 tests, health data, disciplinary status, test protocols, and individualized education
1669-820
1675+823
16701676 programs.
1671-821
1677+824
16721678 (5)(a) "Extracurricular activity" means a voluntary activity sponsored by a school or an
1673-822
1679+825
16741680 LEA or an organization sanctioned by the LEA.
1675-823
1681+826
16761682 (b) "Extracurricular activity" includes preparation for and involvement in public
1677-824
1683+827
16781684 performances, contests, athletic competitions, demonstrations, displays, and club
1679-825
1685+828
16801686 activities.
1681-826
1687+829
16821688 (6)(a) "Military installation" means a base, camp, post, station, yard, center, homeport
1683-827
1689+830
16841690 facility for any ship, or other activity under the jurisdiction of the United States
1685-828
1691+831
16861692 Department of Defense.
1687-829
1693+832
16881694 (b) "Military installation" includes a leased facility, which is located within any of the
1689-830
1695+833
16901696 several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
1691-831
1697+834
16921698 Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other
1693-832
1699+835
16941700 territory of the United States.
1695-833
1701+836
16961702 (c) "Military installation" does not include a facility used primarily for civil works,
1697-834
1703+837
16981704 rivers and harbors projects, or flood control projects.
1699-835
1705+838
17001706 (7) "Sending state" means the state from which a child of a DOD civilian family is sent,
1701-836
1707+839
17021708 brought, or caused to be sent or brought.
1703-837
1709+840
17041710 (8) "State" means a state of the United States, the District of Columbia, the Commonwealth
1705-838
1711+841
17061712 of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana
1707-839
1713+842
17081714 Islands, and any other territory of the United States.
1709-840
1715+- 25 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1716+843
17101717 (9) "Transferring student" means a child of a DOD civilian family who is seeking to be
1711-841
1718+844
17121719 enrolled in a school in Utah.
1713-- 25 - S.B. 17 Enrolled Copy
1714-842
1720+845
17151721 Section 12. Section 53E-3-1202 is enacted to read:
1716-843
1722+846
17171723 53E-3-1202 . Transferring student enrollment, records, and immunization.
1718-844
1724+847
17191725 (1)(a) Subject to Subsection (2), when a school receives the unofficial education record
1720-845
1726+848
17211727 of a transferring student from a school in a sending state, the school shall enroll and
1722-846
1728+849
17231729 appropriately place the transferring student based on the information provided in the
1724-847
1730+850
17251731 unofficial educational record pending receipt and validation of the transferring
1726-848
1732+851
17271733 student's official educational records.
1728-849
1734+852
17291735 (b) At the time a transferring student is enrolled and conditionally placed based on the
1730-850
1736+853
17311737 student's unofficial educational records under Subsection (1)(a), the school shall
1732-851
1738+854
17331739 request the student's official educational record from the school in the sending state.
1734-852
1740+855
17351741 (2)(a) A school enrolling a transferring student under this section shall enroll the
1736-853
1742+856
17371743 transferring student at the same grade level the transferring student has been enrolled
1738-854
1744+857
17391745 at in the school in the sending state regardless of the transferring student's age.
1740-855
1746+858
17411747 (b) A transferring student that has satisfactorily completed a prerequisite grade level in a
1742-856
1748+859
17431749 school in the sending state shall be eligible for enrollment in the next highest grade
1744-857
1750+860
17451751 level regardless of the transferring student's age.
1746-858
1752+861
17471753 (3)(a) A school enrolling a transferring student under this section shall give the student
1748-859
1754+862
17491755 30 days from the day on which the student is enrolled in the school for the student to
1750-860
1756+863
17511757 obtain any immunization that is required by the school.
1752-861
1758+864
17531759 (b) If the required immunization described in Subsection (3)(a) encompasses a series of
1754-862
1760+865
17551761 immunizations, the initial immunization in the series satisfies the requirement for the
1756-863
1762+866
17571763 student to be immunized within 30 days from the day on which the student is enrolled
1758-864
1764+867
17591765 in the school as required under Subsection (3)(a).
1760-865
1766+868
17611767 Section 13. Section 53E-3-1203 is enacted to read:
1762-866
1768+869
17631769 53E-3-1203 . Course placement -- Extracurricular activities.
1764-867
1770+870
17651771 (1) As used in this section:
1766-868
1772+871
17671773 (a) "Course placement" means placing a transferring student in an educational course or
1768-869
1774+872
17691775 program provided by a school.
1770-870
1776+873
17711777 (b) "Educational course or program" means the following courses or programs:
1772-871
1778+874
17731779 (i) honors, international baccalaureate, advanced placement, vocational, technical,
1774-872
1780+875
17751781 career pathways, and English as a second language courses; and
1776-873
1782+876
17771783 (ii) gifted and talented programs.
1778-874
1784+- 26 - 01-21 15:26 1st Sub. (Buff) S.B. 17
1785+877
17791786 (2)(a) A school that enrolls a transferring student as described in Section 53E-3-1202
1780-875
1787+878
17811788 shall, when determining course placement for the transferring student, place the
1782-- 26 - Enrolled Copy S.B. 17
1783-876
1789+879
17841790 transferring student in educational courses or programs based on the transferring
1785-877
1791+880
17861792 student's course placement in the sending state's school or educational assessments
1787-878
1793+881
17881794 conducted at the school in the sending state.
1789-879
1795+882
17901796 (b) Subsection (2)(a) does not prohibit the school from performing additional
1791-880
1797+883
17921798 evaluations after the transferring student is enrolled to ensure appropriate placement
1793-881
1799+884
17941800 and continued enrollment of the student in the educational course or program.
1795-882
1801+885
17961802 (3) When a school makes a course placement determination under this section, the school
1797-883
1803+886
17981804 shall attempt to the best of the school's ability to ensure the continuance of the
1799-884
1805+887
18001806 transferring student's academic program from the transferring student's previous school
1801-885
1807+888
18021808 and place the transferring student in academically and career challenging courses.
1803-886
1809+889
18041810 (4)(a) In compliance with the requirements of the Individuals with Disabilities
1805-887
1811+890
18061812 Education Act, 20 U.S.C. Sec. 1400 et seq., a school that enrolls a transferring
1807-888
1813+891
18081814 student with disabilities shall provide comparable services to the transferring student
1809-889
1815+892
18101816 based on the transferring student's current IEP.
1811-890
1817+893
18121818 (b) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29
1813-891
1819+894
18141820 U.S.C. Sec. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.
1815-892
1821+895
18161822 Secs. 12131-12165, a school that enrolls a transferring student with disabilities shall
1817-893
1823+896
18181824 make reasonable accommodations and modifications to address the needs of the
1819-894
1820-transferring student, subject to an existing Section 504 accommodation plan, to
1821-895
1822-provide the transferring student with equal access to education.
1823-896
1825+897
1826+transferring student, subject to an existing Section 504 accomodation plan, to provide
1827+898
1828+the transferring student with equal access to education.
1829+899
18241830 (c) Subsection (4)(b) does not preclude the school from performing additional
1825-897
1831+900
18261832 evaluations after the transferring student is enrolled to ensure appropriate placement
1827-898
1833+901
18281834 of the transferring student.
1829-899
1835+902
18301836 (5) An LEA's administrative officials may waive requirements or other prerequisites for any
1831-900
1837+903
18321838 course placement in an educational course or program under this section.
1833-901
1839+904
18341840 (6) An LEA shall facilitate the opportunity for a transferring student to be included in
1835-902
1841+905
18361842 extracurricular activities, regardless of application deadlines, to the extent the
1837-903
1843+906
18381844 transferring student is otherwise qualified to participate in the extracurricular activities.
1839-904
1845+907
18401846 Section 14. Section 53E-3-1204 is enacted to read:
1841-905
1847+908
18421848 53E-3-1204 . Parental consent -- Tuition.
1843-906
1849+909
18441850 (1) Power of attorney lawfully executed under Title 75, Chapter 9, Uniform Power of
1845-907
1851+910
18461852 Attorney Act, is sufficient for the purposes of enrollment and other actions requiring
1847-908
1853+- 27 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1854+911
18481855 parental participation or consent.
1849-909
1856+912
18501857 (2) An LEA may not charge local tuition to a transferring student placed in the care of a
1851-- 27 - S.B. 17 Enrolled Copy
1852-910
1858+913
18531859 non-custodial parent or other individual standing in loco parentis who lives in a
1854-911
1860+914
18551861 jurisdiction other than that of the custodial parent.
1856-912
1862+915
18571863 (3) A transferring student, placed in the care of a non-custodial parent or other individual
1858-913
1864+916
18591865 standing in loco parentis who lives in a jurisdiction other than that of the custodial
1860-914
1866+917
18611867 parent, may continue to attend the school in which the student was enrolled while
1862-915
1868+918
18631869 residing with the custodial parent.
1864-916
1870+919
18651871 Section 15. Section 53E-3-1205 is enacted to read:
1866-917
1872+920
18671873 53E-3-1205 . Graduation -- Waiver -- Exit exams -- Senior year transfers.
1868-918
1874+921
18691875 (1) To facilitate the on-time graduation from high school of a transferring student an LEA
1870-919
1876+922
18711877 shall:
1872-920
1878+923
18731879 (a)(i) waive specific courses required for graduation if similar coursework has been
1874-921
1880+924
18751881 satisfactorily completed by the transferring student in a school in a sending state;
1876-922
1882+925
18771883 or
1878-923
1884+926
18791885 (ii) if the LEA does not waive a specific course requirement under Subsection (1)(a),
1880-924
1886+927
18811887 provide an alternative means of acquiring the required coursework so that the
1882-925
1888+928
18831889 transferring student may graduate on time; and
1884-926
1890+929
18851891 (b) accept:
1886-927
1892+930
18871893 (i) exit or end-of-course exams required for graduation from the transferring student's
1888-928
1894+931
18891895 school in the sending state;
1890-929
1896+932
18911897 (ii) national norm-referenced achievement tests; or
1892-930
1898+933
18931899 (iii) subject to Subsection (2), alternative testing, in lieu of testing requirements for
1894-931
1900+934
18951901 graduation.
1896-932
1902+935
18971903 (2) If a transferring student is enrolling in a school in the LEA in the transferring student's
1898-933
1904+936
18991905 senior year of high school and the LEA cannot accommodate the alternative testing
1900-934
1906+937
19011907 described in Subsection (1)(b)(iii), the LEA shall, if the transferring student otherwise
1902-935
1908+938
19031909 meets the graduation requirements of the transferring student's school in the sending
1904-936
1910+939
19051911 state, use the LEA's best efforts to request and receive a receipt of a high school
1906-937
1912+940
19071913 graduation diploma for the transferring student from the transferring student's school in
1908-938
1914+941
19091915 the sending state.
1910-939
1916+942
19111917 (3) If an LEA denies a waiver under Subsection (1)(a) the LEA shall provide a reasonable
1912-940
1918+943
19131919 justification for the denial to the transferring student.
1914-941
1920+944
19151921 Section 16. Section 53E-6-102 is amended to read:
1916-942
1922+- 28 - 01-21 15:26 1st Sub. (Buff) S.B. 17
1923+945
19171924 53E-6-102 . Definitions.
1918-943
1925+946
19191926 As used in this chapter:
1920-- 28 - Enrolled Copy S.B. 17
1921-944
1927+947
19221928 (1) "Certificate" means a license issued by a governmental jurisdiction outside the state.
1923-945
1929+948
19241930 (2) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
1925-946
1931+949
19261932 [(2)] (3) "Educator" means:
1927-947
1933+950
19281934 (a) a person who holds a license;
1929-948
1935+951
19301936 (b) a teacher, counselor, administrator, librarian, or other person required, under rules of
1931-949
1937+952
19321938 the state board, to hold a license; or
1933-950
1939+953
19341940 (c) a person who is the subject of an allegation which has been received by an LEA, the
1935-951
1941+954
19361942 state board, or UPPAC and was, at the time noted in the allegation, a license holder
1937-952
1943+955
19381944 or a person employed in a position requiring licensure.
1939-953
1945+956
19401946 [(3)] (4) "License" means an authorization issued by the state board that permits the holder
1941-954
1947+957
19421948 to serve in a professional capacity in the public schools.
1943-955
1949+958
19441950 [(4)] (5) "National Board certification" means a current certificate issued by the National
1945-956
1951+959
19461952 Board for Professional Teaching Standards.
1947-957
1953+960
19481954 [(5)] (6) "School" means a public or private entity that provides educational services to a
1949-958
1955+961
19501956 minor child.
1951-959
1957+962
19521958 [(6)] (7) "UPPAC" means the Utah Professional Practices Advisory Commission.
1953-960
1959+963
19541960 Section 17. Section 53E-6-204 is amended to read:
1955-961
1961+964
19561962 53E-6-204 . Exemptions from licensure.
1957-962
1963+965
19581964 (1) Except as otherwise provided by statute or rule, a spouse of an individual serving in
1959-963
1965+966
19601966 the armed forces of the United States or the spouse of a DOD civilian while the
1961-964
1967+967
19621968 individual or DOD civilian is stationed within this state may work as an educator
1963-965
1969+968
19641970 without being licensed under this title if:
1965-966
1971+969
19661972 [(1)] (a) the spouse holds a valid educator license issued by any other state or jurisdiction
1967-967
1973+970
19681974 recognized by the state board; and
1969-968
1975+971
19701976 [(2)] (b) the license is current and the spouse is in good standing in the state or
1971-969
1977+972
19721978 jurisdiction of licensure.
1973-970
1979+973
19741980 (2) For an active military member, eligible military spouse, DOD civilian, or spouse of a
1975-971
1981+974
19761982 DOD civilian who holds a license that is not unencumbered, as that term is defined in
1977-972
1983+975
19781984 Section 53E-6-1101, the receiving state shall grant an equivalent license or licenses that,
1979-973
1985+976
19801986 in the receiving state's sole discretion, is equivalent to the license or licenses held by the
1981-974
1987+977
19821988 teacher in the sending state, except where the receiving state does not have an equivalent
1983-975
1989+978
19841990 license.
1985-976
1991+- 29 - 1st Sub. (Buff) S.B. 17 01-21 15:26
1992+979
19861993 Section 18. Section 53G-1-103 is amended to read:
1987-977
1994+980
19881995 53G-1-103 . Definitions.
1989-- 29 - S.B. 17 Enrolled Copy
1990-978
1996+981
19911997 As used in this title[,] :
1992-979
1998+982
19931999 (1) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
1994-980
2000+983
19952001 (2) [ "electronic] "Electronic cigarette product" means the same as that term is defined in
1996-981
2002+984
19972003 Section 76-10-101.
1998-982
2004+985
19992005 (3) "Military service member" means the same as that term is defined in Section 53B-8-102.
2000-983
2006+986
20012007 Section 19. Section 53G-6-306 is amended to read:
2002-984
2008+987
20032009 53G-6-306 . Permitting attendance by nonresident of the state -- Tuition.
2004-985
2010+988
20052011 (1) As used in this section:
2006-986
2012+989
20072013 (a) "Armed forces" means the same as that term is defined in Section 68-3-12.5.
2008-987
2014+990
20092015 (b) "Eligible student" means a student who is a dependent child of a member of the
2010-988
2016+991
20112017 uniformed services or a DOD civilian who is:
2012-989
2018+992
20132019 (i)(A) relocating to the state and does not reside in the state during an LEA's
2014-990
2020+993
20152021 enrollment period; or
2016-991
2022+994
20172023 (B) relocating out of the state during the school year; and
2018-992
2024+995
20192025 (ii)(A) on permanent change of station orders; or
2020-993
2026+996
20212027 (B) relocating for a civilian assignment or position.
2022-994
2028+997
20232029 (c) "Nonresident child" means a child residing outside the state.
2024-995
2030+998
20252031 (d) "Provisional enrollment" means enrollment in a public school by an eligible student:
2026-996
2032+999
20272033 (i) before the eligible student relocates to the state; or
2028-997
2034+1000
20292035 (ii) after the eligible student's parent relocates out of the state, but before the eligible
2030-998
2036+1001
20312037 student relocates out of the state.
2032-999
2038+1002
20332039 (e) "Uniformed services" means:
2034-1000
2040+1003
20352041 (i) the same as that term is defined in Section 68-3-12.5;
2036-1001
2042+1004
20372043 (ii) the reserve components of the armed forces; and
2038-1002
2044+1005
20392045 (iii) the national guard of a state.
2040-1003
2046+1006
20412047 (2)(a) An LEA may permit a nonresident child to attend school within the district, giving
2042-1004
2048+1007
20432049 priority to a child of a [military service ]member[, as that term is defined in Section
2044-1005
2050+1008
20452051 53B-8-102] of the uniformed services or a DOD civilian.
2046-1006
2052+1009
20472053 (b) With the exception of a child enrolled under Section 53G-6-707, a nonresident child
2048-1007
2054+1010
20492055 is not included for the purpose of apportionment of state funds.
2050-1008
2056+1011
20512057 (3)(a) An LEA shall charge a nonresident child who enrolls in a school within the LEA
2052-1009
2058+1012
20532059 tuition in an amount at least equal to the per capita cost of the school program in
2054-1010
2060+- 30 - 01-21 15:26 1st Sub. (Buff) S.B. 17
2061+1013
20552062 which the nonresident child enrolls unless the LEA, in open meeting, determines to
2056-1011
2063+1014
20572064 waive the charge for that nonresident child in whole or in part.
2058-- 30 - Enrolled Copy S.B. 17
2059-1012
2065+1015
20602066 (b) The official minutes of the meeting described in Subsection (3)(a) shall reflect the
2061-1013
2067+1016
20622068 LEA's determination to waive the charge described in Subsection (3)(a).
2063-1014
2069+1017
20642070 (4)(a) Notwithstanding anything to the contrary in Subsection (3), an LEA shall allow an
2065-1015
2071+1018
20662072 eligible student to:
2067-1016
2073+1019
20682074 (i) provisionally enroll in a public school in the LEA at the same time and in the same
2069-1017
2075+1020
20702076 manner as individuals who reside in the state; or
2071-1018
2077+1021
20722078 (ii) provisionally enroll in virtual education options that the LEA provides in the
2073-1019
2079+1022
20742080 same manner as an individual residing in the state.
2075-1020
2081+1023
20762082 (b) An LEA may not require proof of residency from an eligible student at the time the
2077-1021
2083+1024
20782084 eligible student applies to enroll in a public school in the LEA.
2079-1022
2085+1025
20802086 (c) An LEA shall require proof of residence within 10 days after the eligible student's
2081-1023
2087+1026
20822088 first day of residence in the state.
2083-1024
2089+1027
20842090 Section 20. Section 53G-6-402 is amended to read:
2085-1025
2091+1028
20862092 53G-6-402 . Open enrollment options -- Procedures -- Processing fee --
2087-1026
2093+1029
20882094 Continuing enrollment.
2089-1027
2095+1030
20902096 (1) Each local school board is responsible for providing educational services consistent
2091-1028
2097+1031
20922098 with Utah state law and rules of the state board for each student who resides in the
2093-1029
2099+1032
20942100 district and, as provided in this section through Section 53G-6-407 and to the extent
2095-1030
2101+1033
20962102 reasonably feasible, for any student who resides in another district in the state and
2097-1031
2103+1034
20982104 desires to attend a school in the district, giving priority to a child of a military service
2099-1032
2105+1035
21002106 member[, as that term is defined in 53B-8-102] or a child of a DOD civilian.
2101-1033
2107+1036
21022108 (2)(a) A school is open for enrollment of nonresident students if the enrollment level is
2103-1034
2109+1037
21042110 at or below the open enrollment threshold.
2105-1035
2111+1038
21062112 (b) If a school's enrollment falls below the open enrollment threshold, the local school
2107-1036
2113+1039
21082114 board shall allow a nonresident student to enroll in the school.
2109-1037
2115+1040
21102116 (3) A local school board may allow enrollment of nonresident students in a school that is
2111-1038
2117+1041
21122118 operating above the open enrollment threshold.
2113-1039
2119+1042
21142120 (4)(a) A local school board shall adopt policies describing procedures for nonresident
2115-1040
2121+1043
21162122 students to follow in applying for entry into the district's schools.
2117-1041
2123+1044
21182124 (b) Those procedures shall provide, as a minimum, for:
2119-1042
2125+1045
21202126 (i) distribution to interested parties of information about the school or school district
2121-1043
2127+1046
21222128 and how to apply for admission;
2123-1044
2129+- 31 - 1st Sub. (Buff) S.B. 17 01-21 15:26
2130+1047
21242131 (ii) use of standard application forms prescribed by the state board;
2125-1045
2132+1048
21262133 (iii)(A) submission of applications from November 15 through the first Friday in
2127-- 31 - S.B. 17 Enrolled Copy
2128-1046
2134+1049
21292135 February by those seeking admission during the early enrollment period for the
2130-1047
2136+1050
21312137 following year; or
2132-1048
2138+1051
21332139 (B) submission of applications from August 1 through November 1 by those
2134-1049
2140+1052
21352141 seeking admission during the early enrollment period for the following year in
2136-1050
2142+1053
21372143 a school district described in Subsection 53G-6-401(1)(b);
2138-1051
2144+1054
21392145 (iv) submission of applications by those seeking admission during the late enrollment
2140-1052
2146+1055
21412147 period;
2142-1053
2148+1056
21432149 (v) notwithstanding any other provision of this part or Part 3, School District
2144-1054
2150+1057
21452151 Residency, submission of applications for at least 30 days after the day on which a
2146-1055
2152+1058
21472153 school boundary change takes effect for those affected by the school boundary
2148-1056
2154+1059
21492155 change;
2150-1057
2156+1060
21512157 (vi) written notification to the student's parent of acceptance or rejection of an
2152-1058
2158+1061
21532159 application:
2154-1059
2160+1062
21552161 (A) within six weeks after receipt of the application by the district or by March 31,
2156-1060
2162+1063
21572163 whichever is later, for applications submitted during the early enrollment
2158-1061
2164+1064
21592165 period;
2160-1062
2166+1065
21612167 (B) within two weeks after receipt of the application by the district or by the
2162-1063
2168+1066
21632169 Friday before the new school year begins, whichever is later, for applications
2164-1064
2170+1067
21652171 submitted during the late enrollment period for admission in the next school
2166-1065
2172+1068
21672173 year;
2168-1066
2174+1069
21692175 (C) within two weeks after receipt of the application by the district, for
2170-1067
2176+1070
21712177 applications submitted during the late enrollment period for admission in the
2172-1068
2178+1071
21732179 current year; and
2174-1069
2180+1072
21752181 (D) within two weeks after receipt of the application by the district, for
2176-1070
2182+1073
21772183 applications submitted by students affected by a school district boundary
2178-1071
2184+1074
21792185 change;
2180-1072
2186+1075
21812187 (vii) written notification to the resident school for intradistrict transfers or the
2182-1073
2188+1076
21832189 resident district for interdistrict transfers upon acceptance of a nonresident student
2184-1074
2190+1077
21852191 for enrollment; and
2186-1075
2192+1078
21872193 (viii) written notification to the parents of each student that resides within the school
2188-1076
2194+1079
21892195 district and other interested parties of the revised early enrollment period
2190-1077
2196+1080
21912197 described in Subsection 53G-6-401(1)(b) if:
2192-1078
2198+- 32 - 01-21 15:26 1st Sub. (Buff) S.B. 17
2199+1081
21932200 (A) the school district is doing a district wide grade reconfiguration of its
2194-1079
2201+1082
21952202 elementary, middle, junior, and senior high schools; and
2196-- 32 - Enrolled Copy S.B. 17
2197-1080
2203+1083
21982204 (B) the grade reconfiguration described in Subsection (4)(b)(viii)(A) will be
2199-1081
2205+1084
22002206 implemented in the next school year.
2201-1082
2207+1085
22022208 (c)(i) Notwithstanding the dates established in Subsection (4)(b) for submitting
2203-1083
2209+1086
22042210 applications and notifying parents of acceptance or rejection of an application, a
2205-1084
2211+1087
22062212 local school board may delay the dates if a local school board is not able to make
2207-1085
2213+1088
22082214 a reasonably accurate projection of the early enrollment school capacity or late
2209-1086
2215+1089
22102216 enrollment school capacity of a school due to:
2211-1087
2217+1090
22122218 (A) school construction or remodeling;
2213-1088
2219+1091
22142220 (B) drawing or revision of school boundaries; or
2215-1089
2221+1092
22162222 (C) other circumstances beyond the control of the local school board.
2217-1090
2223+1093
22182224 (ii) The delay may extend no later than four weeks beyond the date the local school
2219-1091
2225+1094
22202226 board is able to make a reasonably accurate projection of the early enrollment
2221-1092
2227+1095
22222228 school capacity or late enrollment school capacity of a school.
2223-1093
2229+1096
22242230 (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
2225-1094
2231+1097
22262232 application.
2227-1095
2233+1098
22282234 (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
2229-1096
2235+1099
22302236 subject to the same rules and standards as resident students, without renewed
2231-1097
2237+1100
22322238 applications in subsequent years unless one of the following occurs:
2233-1098
2239+1101
22342240 (a) the student graduates;
2235-1099
2241+1102
22362242 (b) the student is no longer a Utah resident;
2237-1100
2243+1103
22382244 (c) the student is suspended or expelled from school;
2239-1101
2245+1104
22402246 (d) except for a student described in Subsection (6)(e), the district determines that
2241-1102
2247+1105
22422248 enrollment within the school will exceed the school's open enrollment threshold; or
2243-1103
2249+1106
22442250 (e) for a child of a military service member[, as that term is defined in Section 53B-8-102,]
2245-1104
2251+1107
22462252 or a child of a DOD civilian who moves from temporary to permanent housing
2247-1105
2253+1108
22482254 outside of the relevant school district boundaries following a permanent change of
2249-1106
2255+1109
22502256 station:
2251-1107
2257+1110
22522258 (i) in kindergarten through grade 10, the student completes the current school year; or
2253-1108
2259+1111
22542260 (ii) in grades 11 and 12, the student graduates.
2255-1109
2261+1112
22562262 (7)(a) Determination of which nonresident students will be excluded from continued
2257-1110
2263+1113
22582264 enrollment in a school during a subsequent year under Subsection (6)(d) is based
2259-1111
2265+1114
22602266 upon time in the school, with those most recently enrolled being excluded first and
2261-1112
2267+- 33 - 1st Sub. (Buff) S.B. 17 01-21 15:26
2268+1115
22622269 the use of a lottery system when multiple nonresident students have the same number
2263-1113
2270+1116
22642271 of school days in the school.
2265-- 33 - S.B. 17 Enrolled Copy
2266-1114
2272+1117
22672273 (b) Nonresident students who will not be permitted to continue their enrollment shall be
2268-1115
2274+1118
22692275 notified no later than March 15 of the current school year.
2270-1116
2276+1119
22712277 (8) The parent of a student enrolled in a school that is not the student's school of residence
2272-1117
2278+1120
22732279 may withdraw the student from that school for enrollment in another public school by
2274-1118
2280+1121
22752281 submitting notice of intent to enroll the student in:
2276-1119
2282+1122
22772283 (a) the district of residence; or
2278-1120
2284+1123
22792285 (b) another nonresident district.
2280-1121
2286+1124
22812287 (9) Unless provisions have previously been made for enrollment in another school, a
2282-1122
2288+1125
22832289 nonresident district releasing a student from enrollment shall immediately notify the
2284-1123
2290+1126
22852291 district of residence, which shall enroll the student in the resident district and take such
2286-1124
2292+1127
22872293 additional steps as may be necessary to ensure compliance with laws governing school
2288-1125
2294+1128
22892295 attendance.
2290-1126
2296+1129
22912297 (10)(a) Except as provided in Subsection (10)(c), a student who transfers between
2292-1127
2298+1130
22932299 schools, whether effective on the first day of the school year or after the school year
2294-1128
2300+1131
22952301 has begun, by exercising an open enrollment option under this section may not
2296-1129
2302+1132
22972303 transfer to a different school during the same school year by exercising an open
2298-1130
2304+1133
22992305 enrollment option under this section.
2300-1131
2306+1134
23012307 (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
2302-1132
2308+1135
23032309 student transfer made for health or safety reasons.
2304-1133
2310+1136
23052311 (c) A local school board may adopt a policy allowing a student to exercise an open
2306-1134
2312+1137
23072313 enrollment option more than once in a school year.
2308-1135
2314+1138
23092315 (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school that
2310-1136
2316+1139
23112317 is not the student's school of residence, because school bus service is not provided
2312-1137
2318+1140
23132319 between the student's neighborhood and school of residence for safety reasons:
2314-1138
2320+1141
23152321 (a) shall be allowed to continue to attend the school until the student finishes the highest
2316-1139
2322+1142
23172323 grade level offered; and
2318-1140
2324+1143
23192325 (b) shall be allowed to attend the middle school, junior high school, or high school into
2320-1141
2326+1144
23212327 which the school's students feed until the student graduates from high school.
2322-1142
2328+1145
23232329 (12) Notwithstanding any other provision of this part or Part 3, School District Residency, a
2324-1143
2330+1146
23252331 student shall be allowed to enroll in any charter school or other public school in any
2326-1144
2332+1147
23272333 district, including a district where the student does not reside, if the enrollment is
2328-1145
2334+1148
23292335 necessary, as determined by the Division of Child and Family Services, to comply with
2330-1146
2336+- 34 - 01-21 15:26 1st Sub. (Buff) S.B. 17
2337+1149
23312338 the provisions of 42 U.S.C. [Section] Sec. 675.
2332-1147
2339+1150
23332340 Section 21. Section 53G-6-502 is amended to read:
2334-- 34 - Enrolled Copy S.B. 17
2335-1148
2341+1151
23362342 53G-6-502 . Eligible students.
2337-1149
2343+1152
23382344 (1) As used in this section:
2339-1150
2345+1153
23402346 (a) "At capacity" means operating above the school's open enrollment threshold.
2341-1151
2347+1154
23422348 (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
2343-1152
2349+1155
23442350 Organization declared a pandemic on March 11, 2020.
2345-1153
2351+1156
23462352 (c) "Open enrollment threshold" means the same as that term is defined in Section
2347-1154
2353+1157
23482354 53G-6-401.
2349-1155
2355+1158
23502356 (d) "Refugee" means a person who is eligible to receive benefits and services from the
2351-1156
2357+1159
23522358 federal Office of Refugee Resettlement.
2353-1157
2359+1160
23542360 (e) "School of residence" means the same as that term is defined in Section 53G-6-401.
2355-1158
2361+1161
23562362 (2) All resident students of the state qualify for admission to a charter school, subject to the
2357-1159
2363+1162
23582364 limitations set forth in this section and Section 53G-6-503.
2359-1160
2365+1163
23602366 (3)(a) A charter school shall enroll:
2361-1161
2367+1164
23622368 (i) a foster child residing in the same residence as an individual who is enrolled in the
2363-1162
2369+1165
23642370 charter school; and
2365-1163
2371+1166
23662372 (ii) an eligible student other than a child described in Subsection (3)(a)(i) who
2367-1164
2373+1167
23682374 submits a timely application, unless the number of applications exceeds the
2369-1165
2375+1168
23702376 capacity of a program, class, grade level, or the charter school.
2371-1166
2377+1169
23722378 (b) If the number of applications described in Subsection (3)(a)(ii) exceeds the capacity
2373-1167
2379+1170
23742380 of a program, class, grade level, or the charter school, the charter school shall select
2375-1168
2381+1171
23762382 students on a random basis, except as provided in Subsections (4) through (8).
2377-1169
2383+1172
23782384 (4) A charter school may give an enrollment preference to:
2379-1170
2385+1173
23802386 (a) a child or grandchild of an individual who has actively participated in the
2381-1171
2387+1174
23822388 development of the charter school;
2383-1172
2389+1175
23842390 (b) a child or grandchild of a member of the charter school governing board;
2385-1173
2391+1176
23862392 (c) a sibling of an individual who was previously or is presently enrolled in the charter
2387-1174
2393+1177
23882394 school;
2389-1175
2395+1178
23902396 (d) a child of an employee of the charter school;
2391-1176
2397+1179
23922398 (e) a student articulating between charter schools offering similar programs that are
2393-1177
2399+1180
23942400 governed by the same charter school governing board;
2395-1178
2401+1181
23962402 (f) a student articulating from one charter school to another pursuant to an articulation
2397-1179
2403+1182
23982404 agreement between the charter schools that is approved by the State Charter School
2399-1180
2405+- 35 - 1st Sub. (Buff) S.B. 17 01-21 15:26
2406+1183
24002407 Board;
2401-1181
2408+1184
24022409 (g) an individual seeking enrollment in a charter school if:
2403-- 35 - S.B. 17 Enrolled Copy
2404-1182
2410+1185
24052411 (i) the individual's sibling is a student enrolled in a charter school; and
2406-1183
2412+1186
24072413 (ii) the charter school where the individual is seeking enrollment has an articulation
2408-1184
2414+1187
24092415 agreement with the charter school where the sibling is enrolled that the State
2410-1185
2416+1188
24112417 Charter School Board approves;
2412-1186
2418+1189
24132419 (h) a student who resides within up to a two-mile radius of the charter school and whose
2414-1187
2420+1190
24152421 school of residence is at capacity;
2416-1188
2422+1191
24172423 (i) a child of a military service member[ as defined in Section 53B-8-102];
2418-1189
2424+1192
24192425 (j) a child of a DOD civilian; or
2420-1190
2426+1193
24212427 [(j)] (k) for the 2022-2023 school year, a student who withdraws from the charter school
2422-1191
2428+1194
24232429 to attend an online school or home school for the 2020-2021 or 2021-2022 school
2424-1192
2430+1195
24252431 years due to the COVID-19 emergency.
2426-1193
2432+1196
24272433 (5)(a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(h), a
2428-1194
2434+1197
24292435 charter school that is approved by the state board after May 13, 2014, and is located
2430-1195
2436+1198
24312437 in a high growth area as defined in Section 53G-6-504 shall give an enrollment
2432-1196
2438+1199
24332439 preference to a student who resides within a two-mile radius of the charter school.
2434-1197
2440+1200
24352441 (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
2436-1198
2442+1201
24372443 apply to a charter school that was approved without a high priority status pursuant to
2438-1199
2444+1202
24392445 Subsection 53G-6-504(7)(b).
2440-1200
2446+1203
24412447 (6) If a district school converts to charter status, the charter school shall give an enrollment
2442-1201
2448+1204
24432449 preference to students who would have otherwise attended it as a district school.
2444-1202
2450+1205
24452451 (7)(a) A charter school whose mission is to enhance learning opportunities for refugees
2446-1203
2452+1206
24472453 or children of refugee families may give an enrollment preference to refugees or
2448-1204
2454+1207
24492455 children of refugee families.
2450-1205
2456+1208
24512457 (b) A charter school whose mission is to enhance learning opportunities for English
2452-1206
2458+1209
24532459 language learners may give an enrollment preference to English language learners.
2454-1207
2460+1210
24552461 (8) A charter school may weight the charter school's lottery to give a slightly better chance
2456-1208
2462+1211
24572463 of admission to educationally disadvantaged students, including:
2458-1209
2464+1212
24592465 (a) low-income students;
2460-1210
2466+1213
24612467 (b) students with disabilities;
2462-1211
2468+1214
24632469 (c) English language learners;
2464-1212
2470+1215
24652471 (d) migrant students;
2466-1213
2472+1216
24672473 (e) neglected or delinquent students; and
2468-1214
2474+- 36 - 01-21 15:26 1st Sub. (Buff) S.B. 17
2475+1217
24692476 (f) homeless students.
2470-1215
2477+1218
24712478 (9) A charter school may not discriminate in the charter school's admission policies or
2472-- 36 - Enrolled Copy S.B. 17
2473-1216
2479+1219
24742480 practices on the same basis as other public schools may not discriminate in admission
2475-1217
2481+1220
24762482 policies and practices.
2477-1218
2483+1221
24782484 Section 22. Section 58-1-102 is amended to read:
2479-1219
2485+1222
24802486 58-1-102 . Definitions.
2481-1220
2487+1223
24822488 As used in this title:
2483-1221
2489+1224
24842490 (1) "Ablative procedure" means the same as that term is defined in Section 58-67-102.
2485-1222
2491+1225
24862492 (2) "Cosmetic medical procedure":
2487-1223
2493+1226
24882494 (a) means the same as that term is defined in Section 58-67-102; and
2489-1224
2495+1227
24902496 (b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
2491-1225
2497+1228
24922498 Medical Practice Act, does not apply to the scope of practice of an individual
2493-1226
2499+1229
24942500 licensed under this title if the individual's scope of practice includes the authority to
2495-1227
2501+1230
24962502 operate or perform surgical procedures.
2497-1228
2503+1231
24982504 (3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
2499-1229
2505+1232
25002506 to reduce fat deposits in certain areas of the body.
2501-1230
2507+1233
25022508 (4) "Department" means the Department of Commerce.
2503-1231
2509+1234
25042510 (5) "Director" means the director of the Division of Professional Licensing.
2505-1232
2511+1235
25062512 (6) "Division" means the Division of Professional Licensing created in Section 58-1-103.
2507-1233
2513+1236
25082514 (7) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
2509-1234
2515+1237
25102516 [(7)] (8) "Executive director" means the executive director of the Department of Commerce.
2511-1235
2517+1238
25122518 [(8)] (9) "Licensee" includes any holder of a license, certificate, registration, permit, student
2513-1236
2519+1239
25142520 card, or apprentice card authorized under this title.
2515-1237
2521+1240
25162522 [(9)] (10)(a)(i) "Nonablative procedure" means a procedure that is expected or
2517-1238
2523+1241
25182524 intended to alter living tissue, but not intended or expected to excise, vaporize,
2519-1239
2525+1242
25202526 disintegrate, or remove living tissue.
2521-1240
2527+1243
25222528 (ii) Notwithstanding Subsection [(8)(a)(i)] (10)(a)(i), nonablative procedure includes
2523-1241
2529+1244
25242530 hair removal and cryolipolysis.
2525-1242
2531+1245
25262532 (b) "Nonablative procedure" does not include:
2527-1243
2533+1246
25282534 (i) a superficial procedure;
2529-1244
2535+1247
25302536 (ii) the application of permanent make-up; or
2531-1245
2537+1248
25322538 (iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are
2533-1246
2539+1249
25342540 performed by an individual licensed under this title who is acting within their
2535-1247
2541+1250
25362542 scope of practice.
2537-1248
2543+- 37 - 1st Sub. (Buff) S.B. 17 01-21 15:26
2544+1251
25382545 [(10)] (11) "Pain clinic" means:
2539-1249
2546+1252
25402547 (a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
2541-- 37 - S.B. 17 Enrolled Copy
2542-1250
2548+1253
25432549 (b) a clinic in which greater than 50% of the clinic's annual patient population receive
2544-1251
2550+1254
25452551 treatment primarily for non-terminal chronic pain using Schedule II-III controlled
2546-1252
2552+1255
25472553 substances.
2548-1253
2554+1256
25492555 [(11)] (12) "Superficial procedure" means a procedure that is expected or intended to
2550-1254
2556+1257
25512557 temporarily alter living skin tissue and may excise or remove stratum corneum but have
2552-1255
2558+1258
25532559 no appreciable risk of damage to any tissue below the stratum corneum.
2554-1256
2560+1259
25552561 [(12)] (13) "Telemedicine service" means the same as that term is defined in Section
2556-1257
2562+1260
25572563 26B-4-704.
2558-1258
2564+1261
25592565 [(13)] (14) "Unlawful conduct" means the same as that term is defined in Subsection
2560-1259
2566+1262
25612567 58-1-501(1).
2562-1260
2568+1263
25632569 [(14)] (15) "Unprofessional conduct" means the same as that term is defined in Subsection
2564-1261
2570+1264
25652571 58-1-501(2).
2566-1262
2572+1265
25672573 Section 23. Section 58-1-307 is amended to read:
2568-1263
2574+1266
25692575 58-1-307 . Exemptions from licensure.
2570-1264
2576+1267
25712577 (1) Except as otherwise provided by statute or rule, the following individuals may engage in
2572-1265
2578+1268
25732579 the practice of their occupation or profession, subject to the stated circumstances and
2574-1266
2580+1269
25752581 limitations, without being licensed under this title:
2576-1267
2582+1270
25772583 (a) an individual serving in the armed forces of the United States, the United States
2578-1268
2584+1271
25792585 Public Health Service, the United States Department of Veterans Affairs, or other
2580-1269
2586+1272
25812587 federal agencies while engaged in activities regulated under this chapter as a part of
2582-1270
2588+1273
25832589 employment with that federal agency if the individual holds a valid license to practice
2584-1271
2590+1274
25852591 a regulated occupation or profession issued by any other state or jurisdiction
2586-1272
2592+1275
25872593 recognized by the division;
2588-1273
2594+1276
25892595 (b) a student engaged in activities constituting the practice of a regulated occupation or
2590-1274
2596+1277
25912597 profession while in training in a recognized school approved by the division to the
2592-1275
2598+1278
25932599 extent the activities are supervised by qualified faculty, staff, or designee and the
2594-1276
2600+1279
25952601 activities are a defined part of the training program;
2596-1277
2602+1280
25972603 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
2598-1278
2604+1281
25992605 fellowship, apprenticeship, or on-the-job training program approved by the division
2600-1279
2606+1282
26012607 while under the supervision of qualified individuals;
2602-1280
2608+1283
26032609 (d) an individual residing in another state and licensed to practice a regulated occupation
2604-1281
2610+1284
26052611 or profession in that state, who is called in for a consultation by an individual
2606-1282
2612+- 38 - 01-21 15:26 1st Sub. (Buff) S.B. 17
2613+1285
26072614 licensed in this state, and the services provided are limited to that consultation;
2608-1283
2615+1286
26092616 (e) an individual who is invited by a recognized school, association, society, or other
2610-- 38 - Enrolled Copy S.B. 17
2611-1284
2617+1287
26122618 body approved by the division to conduct a lecture, clinic, or demonstration of the
2613-1285
2619+1288
26142620 practice of a regulated occupation or profession if the individual does not establish a
2615-1286
2621+1289
26162622 place of business or regularly engage in the practice of the regulated occupation or
2617-1287
2623+1290
26182624 profession in this state;
2619-1288
2625+1291
26202626 (f) an individual licensed under the laws of this state, other than under this title, to
2621-1289
2627+1292
26222628 practice or engage in an occupation or profession, while engaged in the lawful,
2623-1290
2629+1293
26242630 professional, and competent practice of that occupation or profession;
2625-1291
2631+1294
26262632 (g) an individual licensed in a health care profession in another state who performs that
2627-1292
2633+1295
26282634 profession while attending to the immediate needs of a patient for a reasonable period
2629-1293
2635+1296
26302636 during which the patient is being transported from outside of this state, into this state,
2631-1294
2637+1297
26322638 or through this state;
2633-1295
2639+1298
26342640 (h) an individual licensed in another state or country who is in this state temporarily to
2635-1296
2641+1299
26362642 attend to the needs of an athletic team or group, except that the practitioner may only
2637-1297
2643+1300
26382644 attend to the needs of the athletic team or group, including all individuals who travel
2639-1298
2645+1301
26402646 with the team or group in any capacity except as a spectator;
2641-1299
2647+1302
26422648 (i) an individual licensed and in good standing in another state, who is in this state:
2643-1300
2649+1303
26442650 (i) temporarily, under the invitation and control of a sponsoring entity;
2645-1301
2651+1304
26462652 (ii) for a reason associated with a special purpose event, based upon needs that may
2647-1302
2653+1305
26482654 exceed the ability of this state to address through its licensees, as determined by
2649-1303
2655+1306
26502656 the division; and
2651-1304
2657+1307
26522658 (iii) for a limited period of time not to exceed the duration of that event, together with
2653-1305
2659+1308
26542660 any necessary preparatory and conclusionary periods; and
2655-1306
2661+1309
26562662 (j) the spouse of an individual serving in the armed forces of the United States or the
2657-1307
2663+1310
26582664 spouse of a DOD civilian while the individual or DOD civilian is stationed within
2659-1308
2665+1311
26602666 this state, provided:
2661-1309
2667+1312
26622668 (i) the spouse holds a valid license to practice a regulated occupation or profession
2663-1310
2669+1313
26642670 issued by any other state or jurisdiction recognized by the division; and
2665-1311
2671+1314
26662672 (ii) the license is current and the spouse is in good standing in the state of licensure.
2667-1312
2673+1315
26682674 (2)(a) A practitioner temporarily in this state who is exempted from licensure under
2669-1313
2675+1316
26702676 Subsection (1) shall comply with each requirement of the licensing jurisdiction from
2671-1314
2677+1317
26722678 which the practitioner derives authority to practice.
2673-1315
2679+1318
26742680 (b) Violation of a limitation imposed by this section constitutes grounds for removal of
2675-1316
2681+- 39 - 1st Sub. (Buff) S.B. 17 01-21 15:26
2682+1319
26762683 exempt status, denial of license, or other disciplinary proceedings.
2677-1317
2684+1320
26782685 (3) An individual who is licensed under a specific chapter of this title to practice or engage
2679-- 39 - S.B. 17 Enrolled Copy
2680-1318
2686+1321
26812687 in an occupation or profession may engage in the lawful, professional, and competent
2682-1319
2688+1322
26832689 practice of that occupation or profession without additional licensure under other
2684-1320
2690+1323
26852691 chapters of this title, except as otherwise provided by this title.
2686-1321
2692+1324
26872693 (4) Upon the declaration of a national, state, or local emergency, a public health emergency
2688-1322
2694+1325
26892695 as defined in Section 26B-7-301, or a declaration by the president of the United States or
2690-1323
2696+1326
26912697 other federal official requesting public health-related activities, the division in
2692-1324
2698+1327
26932699 collaboration with the relevant board may:
2694-1325
2700+1328
26952701 (a) suspend the requirements for permanent or temporary licensure of individuals who
2696-1326
2702+1329
26972703 are licensed in another state for the duration of the emergency while engaged in the
2698-1327
2704+1330
26992705 scope of practice for which they are licensed in the other state;
2700-1328
2706+1331
27012707 (b) modify, under the circumstances described in this Subsection (4) and Subsection (5),
2702-1329
2708+1332
27032709 the scope of practice restrictions under this title for individuals who are licensed
2704-1330
2710+1333
27052711 under this title as:
2706-1331
2712+1334
27072713 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
2708-1332
2714+1335
27092715 Osteopathic Medical Practice Act;
2710-1333
2716+1336
27112717 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
2712-1334
2718+1337
27132719 Compact - Revised;
2714-1335
2720+1338
27152721 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
2716-1336
2722+1339
27172723 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
2718-1337
2724+1340
27192725 Pharmacy Practice Act;
2720-1338
2726+1341
27212727 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
2722-1339
2728+1342
27232729 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
2724-1340
2730+1343
27252731 Practice Act; and
2726-1341
2732+1344
27272733 (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
2728-1342
2734+1345
27292735 (c) suspend the requirements for licensure under this title and modify the scope of
2730-1343
2736+1346
27312737 practice in the circumstances described in this Subsection (4) and Subsection (5) for
2732-1344
2738+1347
27332739 medical services personnel or paramedics required to be licensed under Section
2734-1345
2740+1348
27352741 53-2d-402;
2736-1346
2742+1349
27372743 (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
2738-1347
2744+1350
27392745 certain prescriptive procedures;
2740-1348
2746+1351
27412747 (e) exempt or modify the requirement for licensure of an individual who is activated as a
2742-1349
2748+1352
27432749 member of a medical reserve corps during a time of emergency as provided in
2744-1350
2750+- 40 - 01-21 15:26 1st Sub. (Buff) S.B. 17
2751+1353
27452752 Section 26A-1-126;
2746-1351
2753+1354
27472754 (f) exempt or modify the requirement for licensure of an individual who is registered as
2748-- 40 - Enrolled Copy S.B. 17
2749-1352
2755+1355
27502756 a volunteer health practitioner as provided in Title 26B, Chapter 4, Part 8, Uniform
2751-1353
2757+1356
27522758 Emergency Volunteer Health Practitioners Act; and
2753-1354
2759+1357
27542760 (g) in accordance with rules made by the division in accordance with Title 63G, Chapter
2755-1355
2761+1358
27562762 3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
2757-1356
2763+1359
27582764 licensure of an individual engaged in one or more of the construction trades described
2759-1357
2765+1360
27602766 in Chapter 55, Utah Construction Trades Licensing Act.
2761-1358
2767+1361
27622768 (5) Individuals exempt under Subsection (4)(c) and individuals operating under modified
2763-1359
2769+1362
27642770 scope of practice provisions under Subsection (4)(b):
2765-1360
2771+1363
27662772 (a) are exempt from licensure or subject to modified scope of practice for the duration of
2767-1361
2773+1364
27682774 the emergency;
2769-1362
2775+1365
27702776 (b) must be engaged in the distribution of medicines or medical devices in response to
2771-1363
2777+1366
27722778 the emergency or declaration; and
2773-1364
2779+1367
27742780 (c) must be employed by or volunteering for:
2775-1365
2781+1368
27762782 (i) a local or state department of health; or
2777-1366
2783+1369
27782784 (ii) a host entity as defined in Section 26B-4-801.
2779-1367
2785+1370
27802786 (6) In accordance with the protocols established under Subsection (8), upon the declaration
2781-1368
2787+1371
27822788 of a national, state, or local emergency, the Department of Health and Human Services
2783-1369
2789+1372
27842790 or a local health department shall coordinate with public safety authorities as defined in
2785-1370
2791+1373
27862792 Subsection 26B-7-323(1) and may:
2787-1371
2793+1374
27882794 (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
2789-1372
2795+1375
27902796 controlled substance to prevent or treat a disease or condition that gave rise to, or was
2791-1373
2797+1376
27922798 a consequence of, the emergency; or
2793-1374
2799+1377
27942800 (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not a
2795-1375
2801+1378
27962802 controlled substance:
2797-1376
2803+1379
27982804 (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
2799-1377
2805+1380
28002806 pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription
2801-1378
2807+1381
28022808 medication is exhausted; or
2803-1379
2809+1382
28042810 (ii) for dispensing or direct administration to treat the disease or condition that gave
2805-1380
2811+1383
28062812 rise to, or was a consequence of, the emergency by:
2807-1381
2813+1384
28082814 (A) a pharmacy;
2809-1382
2815+1385
28102816 (B) a prescribing practitioner;
2811-1383
2817+1386
28122818 (C) a licensed health care facility;
2813-1384
2819+- 41 - 1st Sub. (Buff) S.B. 17 01-21 15:26
2820+1387
28142821 (D) a federally qualified community health clinic; or
2815-1385
2822+1388
28162823 (E) a governmental entity for use by a community more than 50 miles from a
2817-- 41 - S.B. 17 Enrolled Copy
2818-1386
2824+1389
28192825 person described in Subsections (6)(b)(ii)(A) through (D).
2820-1387
2826+1390
28212827 (7) In accordance with protocols established under Subsection (8), upon the declaration of a
2822-1388
2828+1391
28232829 national, state, or local emergency, the Department of Health and Human Services shall
2824-1389
2830+1392
28252831 coordinate the distribution of medications:
2826-1390
2832+1393
28272833 (a) received from the strategic national stockpile to local health departments; and
2828-1391
2834+1394
28292835 (b) from local health departments to emergency personnel within the local health
2830-1392
2836+1395
28312837 departments' geographic region.
2832-1393
2838+1396
28332839 (8) The Department of Health and Human Services shall establish by rule, made in
2834-1394
2840+1397
28352841 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols
2836-1395
2842+1398
28372843 for administering, dispensing, and distributing a vaccine, an antiviral, an antibiotic, or
2838-1396
2844+1399
28392845 other prescription medication that is not a controlled substance in the event of a
2840-1397
2846+1400
28412847 declaration of a national, state, or local emergency. The protocol shall establish
2842-1398
2848+1401
28432849 procedures for the Department of Health and Human Services or a local health
2844-1399
2850+1402
28452851 department to:
2846-1400
2852+1403
28472853 (a) coordinate the distribution of:
2848-1401
2854+1404
28492855 (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
2850-1402
2856+1405
28512857 controlled substance received by the Department of Health and Human Services
2852-1403
2858+1406
28532859 from the strategic national stockpile to local health departments; and
2854-1404
2860+1407
28552861 (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
2856-1405
2862+1408
28572863 medication received by a local health department to emergency personnel within
2858-1406
2864+1409
28592865 the local health department's geographic region;
2860-1407
2866+1410
28612867 (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral, an
2862-1408
2868+1411
28632869 antibiotic, or other prescription medication that is not a controlled substance to the
2864-1409
2870+1412
28652871 contact of a patient without a patient-practitioner relationship, if the contact's
2866-1410
2872+1413
28672873 condition is the same as that of the physician's or physician assistant's patient; and
2868-1411
2874+1414
28692875 (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral, an
2870-1412
2876+1415
28712877 antibiotic, or other non-controlled prescription medication to an individual who:
2872-1413
2878+1416
28732879 (i) is working in a triage situation;
2874-1414
2880+1417
28752881 (ii) is receiving preventative or medical treatment in a triage situation;
2876-1415
2882+1418
28772883 (iii) does not have coverage for the prescription in the individual's health insurance
2878-1416
2884+1419
28792885 plan;
2880-1417
2886+1420
28812887 (iv) is involved in the delivery of medical or other emergency services in response to
2882-1418
2888+- 42 - 01-21 15:26 1st Sub. (Buff) S.B. 17
2889+1421
28832890 the declared national, state, or local emergency; or
2884-1419
2891+1422
28852892 (v) otherwise has a direct impact on public health.
2886-- 42 - Enrolled Copy S.B. 17
2887-1420
2893+1423
28882894 (9) The Department of Health and Human Services shall give notice to the division upon
2889-1421
2895+1424
28902896 implementation of the protocol established under Subsection (8).
2891-1422
2897+1425
28922898 Section 24. Section 61-1-32 is amended to read:
2893-1423
2899+1426
28942900 61-1-32 . Exemptions from licensure.
2895-1424
2901+1427
28962902 (1) As used in this section, "DOD civilian" means the same as that term is defined in
2897-1425
2903+1428
28982904 Section 53B-8-102.
2899-1426
2905+1429
29002906 (2) Except as otherwise provided by statute or rule, the following individuals may
2901-1427
2907+1430
29022908 engage in the practice of an occupation or profession regulated by this chapter, subject
2903-1428
2909+1431
29042910 to the stated circumstances and limitations, without being licensed under this chapter:
2905-1429
2911+1432
29062912 [(1)] (a) an individual licensed under the laws of this state, other than under this chapter,
2907-1430
2913+1433
29082914 to practice or engage in an occupation or profession, while engaged in the lawful,
2909-1431
2915+1434
29102916 professional, and competent practice of that occupation or profession;
2911-1432
2917+1435
29122918 [(2)] (b) an individual serving in the armed forces of the United States, the United States
2913-1433
2919+1436
29142920 Public Health Service, the United States Department of Veterans Affairs, or any other
2915-1434
2921+1437
29162922 federal agency while engaged in activities regulated under this title as a part of
2917-1435
2923+1438
29182924 employment with that federal agency if the individual holds a valid license to practice
2919-1436
2925+1439
29202926 the regulated occupation or profession issued by any other state or jurisdiction
2921-1437
2927+1440
29222928 recognized by the department; and
2923-1438
2929+1441
29242930 [(3)] (c) the spouse of an individual serving in the armed forces of the United States or
2925-1439
2931+1442
29262932 the spouse of a DOD civilian while the individual or DOD civilian is stationed within
2927-1440
2933+1443
29282934 this state, if:
2929-1441
2935+1444
29302936 [(a)] (i) the spouse holds a valid license to practice the regulated occupation or
2931-1442
2937+1445
29322938 profession issued by any other state or jurisdiction recognized by the department;
2933-1443
2939+1446
29342940 and
2935-1444
2941+1447
29362942 [(b)] (ii) the license is current and the spouse is in good standing in the state or
2937-1445
2943+1448
29382944 jurisdiction of licensure.
2939-1446
2945+1449
29402946 Section 25. Section 61-2f-102 is amended to read:
2941-1447
2947+1450
29422948 61-2f-102 . Definitions.
2943-1448
2949+1451
29442950 As used in this chapter:
2945-1449
2951+1452
29462952 (1) "Associate broker" means an individual who is:
2947-1450
2953+1453
29482954 (a) employed or engaged as an independent contractor by or on behalf of a principal
2949-1451
2955+1454
29502956 broker to perform an act described in Subsection [(20)] (21) for valuable
2951-1452
2957+- 43 - 1st Sub. (Buff) S.B. 17 01-21 15:26
2958+1455
29522959 consideration; and
2953-1453
2960+1456
29542961 (b) licensed under this chapter as an associate broker.
2955-- 43 - S.B. 17 Enrolled Copy
2956-1454
2962+1457
29572963 (2) "Branch broker" means an associate broker who manages a principal broker's branch
2958-1455
2964+1458
29592965 office under the supervision of the principal broker.
2960-1456
2966+1459
29612967 (3) "Branch office" means a principal broker's real estate brokerage office that is not the
2962-1457
2968+1460
29632969 principal broker's main office.
2964-1458
2970+1461
29652971 (4) "Business day" means a day other than:
2966-1459
2972+1462
29672973 (a) a Saturday;
2968-1460
2974+1463
29692975 (b) a Sunday; or
2970-1461
2976+1464
29712977 (c) a federal or state holiday.
2972-1462
2978+1465
29732979 (5) "Business opportunity" means the sale, lease, or exchange of any business that includes
2974-1463
2980+1466
29752981 an interest in real estate.
2976-1464
2982+1467
29772983 (6) "Commission" means the Real Estate Commission established under this chapter.
2978-1465
2984+1468
29792985 (7) "Concurrence" means the entities given a concurring role must jointly agree for action
2980-1466
2986+1469
29812987 to be taken.
2982-1467
2988+1470
29832989 (8) "Condominium homeowners' association" means the condominium unit owners acting
2984-1468
2990+1471
29852991 as a group in accordance with declarations and bylaws.
2986-1469
2992+1472
29872993 (9)(a) "Condominium hotel" means one or more condominium units that are operated as
2988-1470
2994+1473
29892995 a hotel.
2990-1471
2996+1474
29912997 (b) "Condominium hotel" does not mean a hotel consisting of condominium units, all of
2992-1472
2998+1475
29932999 which are owned by a single entity.
2994-1473
3000+1476
29953001 (10) "Condominium unit" means the same as that term is defined in Section 57-8-3.
2996-1474
3002+1477
29973003 (11) "Director" means the director of the Division of Real Estate.
2998-1475
3004+1478
29993005 (12) "Division" means the Division of Real Estate.
3000-1476
3006+1479
30013007 (13) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
3002-1477
3008+1480
30033009 [(13)] (14) "Dual broker" means a principal broker of a real estate sales brokerage who
3004-1478
3010+1481
30053011 obtains from the division a dual broker license in order to function as the principal
3006-1479
3012+1482
30073013 broker of a property management company that is a separate entity from the real estate
3008-1480
3014+1483
30093015 sales brokerage.
3010-1481
3016+1484
30113017 [(14)] (15) "Entity" means:
3012-1482
3018+1485
30133019 (a) a corporation;
3014-1483
3020+1486
30153021 (b) a partnership;
3016-1484
3022+1487
30173023 (c) a limited liability company;
3018-1485
3024+1488
30193025 (d) a company;
3020-1486
3026+- 44 - 01-21 15:26 1st Sub. (Buff) S.B. 17
3027+1489
30213028 (e) an association;
3022-1487
3029+1490
30233030 (f) a joint venture;
3024-- 44 - Enrolled Copy S.B. 17
3025-1488
3031+1491
30263032 (g) a business trust;
3027-1489
3033+1492
30283034 (h) a trust; or
3029-1490
3035+1493
30303036 (i) any organization similar to an entity described in Subsections (14)(a) through (h).
3031-1491
3037+1494
30323038 [(15)] (16) "Executive director" means the director of the Department of Commerce.
3033-1492
3039+1495
30343040 [(16)] (17) "Foreclosure rescue" means, for compensation or with the expectation of
3035-1493
3041+1496
30363042 receiving valuable consideration, to:
3037-1494
3043+1497
30383044 (a) engage, or offer to engage, in an act that:
3039-1495
3045+1498
30403046 (i) the person represents will assist a borrower in preventing a foreclosure; and
3041-1496
3047+1499
30423048 (ii) relates to a transaction involving the transfer of title to residential real property; or
3043-1497
3049+1500
30443050 (b) as an employee or agent of another person:
3045-1498
3051+1501
30463052 (i) solicit, or offer that the other person will engage in an act described in Subsection
3047-1499
3053+1502
30483054 (16)(a); or
3049-1500
3055+1503
30503056 (ii) negotiate terms in relationship to an act described in Subsection (16)(a).
3051-1501
3057+1504
30523058 [(17)] (18) "Loan modification assistance" means, for compensation or with the expectation
3053-1502
3059+1505
30543060 of receiving valuable consideration, to:
3055-1503
3061+1506
30563062 (a) act, or offer to act, on behalf of a person to:
3057-1504
3063+1507
30583064 (i) obtain a loan term of a residential mortgage loan that is different from an existing
3059-1505
3065+1508
30603066 loan term including:
3061-1506
3067+1509
30623068 (A) an increase or decrease in an interest rate;
3063-1507
3069+1510
30643070 (B) a change to the type of interest rate;
3065-1508
3071+1511
30663072 (C) an increase or decrease in the principal amount of the residential mortgage
3067-1509
3073+1512
30683074 loan;
3069-1510
3075+1513
30703076 (D) a change in the number of required period payments;
3071-1511
3077+1514
30723078 (E) an addition of collateral;
3073-1512
3079+1515
30743080 (F) a change to, or addition of, a prepayment penalty;
3075-1513
3081+1516
30763082 (G) an addition of a cosigner; or
3077-1514
3083+1517
30783084 (H) a change in persons obligated under the existing residential mortgage loan; or
3079-1515
3085+1518
30803086 (ii) substitute a new residential mortgage loan for an existing residential mortgage
3081-1516
3087+1519
30823088 loan; or
3083-1517
3089+1520
30843090 (b) as an employee or agent of another person:
3085-1518
3091+1521
30863092 (i) solicit, or offer that the other person will engage in an act described in Subsection [
3087-1519
3093+1522
30883094 (17)(a)] (18)(a); or
3089-1520
3095+- 45 - 1st Sub. (Buff) S.B. 17 01-21 15:26
3096+1523
30903097 (ii) negotiate terms in relationship to an act described in Subsection [(17)(a)] (18)(a).
3091-1521
3098+1524
30923099 [(18)] (19) "Main office" means the address which a principal broker designates with the
3093-- 45 - S.B. 17 Enrolled Copy
3094-1522
3100+1525
30953101 division as the principal broker's primary brokerage office.
3096-1523
3102+1526
30973103 [(19)] (20) "Person" means an individual or entity.
3098-1524
3104+1527
30993105 [(20)] (21) "Principal broker" means an individual who is licensed or required to be licensed
3100-1525
3106+1528
31013107 as a principal broker under this chapter who:
3102-1526
3108+1529
31033109 (a) sells or lists for sale real estate, including real estate being sold as part of a
3104-1527
3110+1530
31053111 foreclosure rescue, or a business opportunity with the expectation of receiving
3106-1528
3107-valuable consideration;
3108-1529
3109-(b) buys, exchanges, or auctions real estate, an option on real estate, a business
3110-1530
3111-opportunity, or an improvement on real estate with the expectation of receiving
31123112 1531
31133113 valuable consideration;
31143114 1532
3115+(b) buys, exchanges, or auctions real estate, an option on real estate, a business
3116+1533
3117+opportunity, or an improvement on real estate with the expectation of receiving
3118+1534
3119+valuable consideration;
3120+1535
31153121 (c) advertises, offers, attempts, or otherwise holds the individual out to be engaged in the
3116-1533
3122+1536
31173123 business described in Subsection [(20)(a)] (21)(a) or (b);
3118-1534
3124+1537
31193125 (d) is employed by or on behalf of the owner of real estate or by a prospective purchaser
3120-1535
3126+1538
31213127 of real estate and performs an act described in Subsection [(20)(a)] (21)(a), whether
3122-1536
3128+1539
31233129 the individual's compensation is at a stated salary, a commission basis, upon a salary
3124-1537
3130+1540
31253131 and commission basis, or otherwise;
3126-1538
3132+1541
31273133 (e) with the expectation of receiving valuable consideration, manages property owned by
3128-1539
3134+1542
31293135 another person;
3130-1540
3136+1543
31313137 (f) advertises or otherwise holds the individual out to be engaged in property
3132-1541
3138+1544
31333139 management;
3134-1542
3140+1545
31353141 (g) with the expectation of receiving valuable consideration, assists or directs in the
3136-1543
3142+1546
31373143 procurement of prospects for or the negotiation of a transaction listed in Subsections [
3138-1544
3144+1547
31393145 (20)(a)] (21)(a) and (e);
3140-1545
3146+1548
31413147 (h) except for a mortgage lender, title insurance producer, or an employee of a mortgage
3142-1546
3148+1549
31433149 lender or title insurance producer, assists or directs in the closing of a real estate
3144-1547
3150+1550
31453151 transaction with the expectation of receiving valuable consideration;
3146-1548
3152+1551
31473153 (i) engages in foreclosure rescue; or
3148-1549
3154+1552
31493155 (j) advertises, offers, attempts, or otherwise holds the person out as being engaged in
3150-1550
3156+1553
31513157 foreclosure rescue.
3152-1551
3158+1554
31533159 [(21)] (22)(a) "Property management" means engaging in, with the expectation of
3154-1552
3160+1555
31553161 receiving valuable consideration, the management of real estate owned by another
3156-1553
3162+1556
31573163 person or advertising or otherwise claiming to be engaged in property management
3158-1554
3164+- 46 - 01-21 15:26 1st Sub. (Buff) S.B. 17
3165+1557
31593166 by:
3160-1555
3167+1558
31613168 (i) advertising for, arranging, negotiating, offering, or otherwise attempting or
3162-- 46 - Enrolled Copy S.B. 17
3163-1556
3169+1559
31643170 participating in a transaction calculated to secure the rental or leasing of real estate;
3165-1557
3171+1560
31663172 (ii) collecting, agreeing, offering, or otherwise attempting to collect rent for the real
3167-1558
3173+1561
31683174 estate and accounting for and disbursing the money collected; or
3169-1559
3175+1562
31703176 (iii) authorizing expenditures for repairs to the real estate.
3171-1560
3177+1563
31723178 (b) "Property management" does not include:
3173-1561
3179+1564
31743180 (i) hotel or motel management;
3175-1562
3181+1565
31763182 (ii) rental of tourist accommodations, including hotels, motels, tourist homes,
3177-1563
3183+1566
31783184 condominiums, condominium hotels, mobile home park accommodations,
3179-1564
3185+1567
31803186 campgrounds, or similar public accommodations for a period of less than 30
3181-1565
3187+1568
31823188 consecutive days, and the management activities associated with these rentals; or
3183-1566
3189+1569
31843190 (iii) the leasing or management of surface or subsurface minerals or oil and gas
3185-1567
3191+1570
31863192 interests, if the leasing or management is separate from a sale or lease of the
3187-1568
3193+1571
31883194 surface estate.
3189-1569
3195+1572
31903196 [(22)] (23) "Property management sales agent" means a sales agent who:
3191-1570
3197+1573
31923198 (a) is affiliated with a dual broker through the dual broker's property management
3193-1571
3199+1574
31943200 company; and
3195-1572
3201+1575
31963202 (b) is designated by the dual broker as a property management sales agent.
3197-1573
3203+1576
31983204 [(23)] (24) "Real estate" includes leaseholds and business opportunities involving real
3199-1574
3205+1577
32003206 property.
3201-1575
3207+1578
32023208 [(24)] (25)(a) "Regular salaried employee" means an individual who performs a service
3203-1576
3209+1579
32043210 for wages or other remuneration, whose employer withholds federal employment
3205-1577
3211+1580
32063212 taxes under a contract of hire, written or oral, express or implied.
3207-1578
3213+1581
32083214 (b) "Regular salaried employee" does not include an individual who performs services
3209-1579
3215+1582
32103216 on a project-by-project basis or on a commission basis.
3211-1580
3217+1583
32123218 [(25)] (26) "Reinstatement" means restoring a license that has expired or has been
3213-1581
3219+1584
32143220 suspended.
3215-1582
3221+1585
32163222 [(26)] (27) "Reissuance" means the process by which a licensee may obtain a license
3217-1583
3223+1586
32183224 following revocation of the license.
3219-1584
3225+1587
32203226 [(27)] (28) "Renewal" means extending a license for an additional licensing period on or
3221-1585
3227+1588
32223228 before the date the license expires.
3223-1586
3229+1589
32243230 [(28)] (29) "Sales agent" means an individual who is:
3225-1587
3231+1590
32263232 (a) affiliated with a principal broker, either as an independent contractor or an employee
3227-1588
3233+- 47 - 1st Sub. (Buff) S.B. 17 01-21 15:26
3234+1591
32283235 as provided in Section 61-2f-303, to perform for valuable consideration an act
3229-1589
3236+1592
32303237 described in Subsection [(20)] (21); and
3231-- 47 - S.B. 17 Enrolled Copy
3232-1590
3238+1593
32333239 (b) licensed under this chapter as a sales agent.
3234-1591
3240+1594
32353241 [(29)] (30) "Vulnerable adult" means the same as that term is defined in Section 26B-6-201.
3236-1592
3242+1595
32373243 Section 26. Section 61-2f-202 is amended to read:
3238-1593
3244+1596
32393245 61-2f-202 . Exempt persons and transactions.
3240-1594
3241-(1)(a) Except as provided in Subsection (1)(b), a license under this chapter is not
3242-1595
3243-required for:
3244-1596
3246+1597
3247+(1) f
3248+1598
3249+(a) Except as provided in Subsection (1)(b), a license under this chapter is not required
3250+1599
3251+for:
3252+1600
32453253 (i) a person who as owner or lessor performs an act described in Subsection [
3246-1597
3254+1601
32473255 61-2f-102(20)] 61-2f-102(21) with reference to real estate owned or leased by that
3248-1598
3256+1602
32493257 person;
3250-1599
3258+1603
32513259 (ii) a regular salaried employee of the owner or lessor of real estate who, with
3252-1600
3260+1604
32533261 reference to nonresidential real estate owned or leased by the employer, performs
3254-1601
3262+1605
32553263 an act described in Subsection [61-2f-102(20)(b)] 61-2f-102(21)(b) or (c);
3256-1602
3264+1606
32573265 (iii) a regular salaried employee of the owner of real estate who performs property
3258-1603
3266+1607
32593267 management services with reference to real estate owned by the employer, except
3260-1604
3268+1608
32613269 that the employee may only manage real estate for one employer;
3262-1605
3270+1609
32633271 (iv) an individual who performs property management services for the apartments at
3264-1606
3272+1610
32653273 which that individual resides in exchange for free or reduced rent on that
3266-1607
3274+1611
32673275 individual's apartment;
3268-1608
3276+1612
32693277 (v) a regular salaried employee of a condominium homeowners' association who
3270-1609
3278+1613
32713279 manages real estate subject to the declaration of condominium that established the
3272-1610
3280+1614
32733281 condominium homeowners' association, except that the employee may only
3274-1611
3282+1615
32753283 manage real estate for one condominium homeowners' association;
3276-1612
3284+1616
32773285 (vi) a regular salaried employee of a licensed property management company or real
3278-1613
3286+1617
32793287 estate brokerage who performs support services, as prescribed by rule, for the
3280-1614
3288+1618
32813289 property management company or real estate brokerage; or
3282-1615
3290+1619
32833291 (vii) in the event a principal broker dies, is incapacitated, or is unable to perform the
3284-1616
3292+1620
32853293 duties of a principal broker, an individual qualified and designated as the
3286-1617
3294+1621
32873295 commission determines by rule made in accordance with Title 63G, Chapter 3,
3288-1618
3296+1622
32893297 Utah Administrative Rulemaking Act, with the concurrence of the division, as an
3290-1619
3298+1623
32913299 acting principal broker:
3292-1620
3300+1624
32933301 (A) in relation to each transaction pending on the day on which the principal
3294-1621
3302+- 48 - 01-21 15:26 1st Sub. (Buff) S.B. 17
3303+1625
32953304 broker dies, becomes incapacitated, or becomes unable to perform the duties of
3296-1622
3305+1626
32973306 a principal broker, including the distribution of compensation for each
3298-1623
3307+1627
32993308 transaction; and
3300-- 48 - Enrolled Copy S.B. 17
3301-1624
3309+1628
33023310 (B) until the day on which each transaction described in Subsection (1)(a)(vii)(A)
3303-1625
3311+1629
33043312 is completed.
3305-1626
3313+1630
33063314 (b) Subsection (1)(a) does not exempt from licensing:
3307-1627
3315+1631
33083316 (i) an employee engaged in the sale of real estate regulated under:
3309-1628
3317+1632
33103318 (A) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act; or
3311-1629
3319+1633
33123320 (B) Title 57, Chapter 19, Timeshare and Camp Resort Act;
3313-1630
3321+1634
33143322 (ii) an employee engaged in the sale of cooperative interests regulated under Title 57,
3315-1631
3323+1635
33163324 Chapter 23, Real Estate Cooperative Marketing Act; or
3317-1632
3325+1636
33183326 (iii) an individual whose interest as an owner or lessor is obtained by that individual
3319-1633
3327+1637
33203328 or transferred to that individual for the purpose of evading the application of this
3321-1634
3329+1638
33223330 chapter, and not for another legitimate business reason.
3323-1635
3331+1639
33243332 (2) A license under this chapter is not required for:
3325-1636
3333+1640
33263334 (a) an isolated transaction or service by an individual holding an unsolicited, duly
3327-1637
3335+1641
33283336 executed power of attorney from a property owner;
3329-1638
3337+1642
33303338 (b) subject to Subsection 61-2f-401(5), services rendered by an attorney admitted to
3331-1639
3339+1643
33323340 practice law in this state in performing the attorney's duties as an attorney;
3333-1640
3341+1644
33343342 (c) a receiver, trustee in bankruptcy, administrator, executor, or an individual acting
3335-1641
3343+1645
33363344 under order of a court;
3337-1642
3345+1646
33383346 (d) a trustee or employee of a trustee under a deed of trust or a will;
3339-1643
3347+1647
33403348 (e) a public utility, officer of a public utility, or regular salaried employee of a public
3341-1644
3349+1648
33423350 utility, unless performance of an act described in Subsection [61-2f-102(20)]
3343-1645
3351+1649
33443352 61-2f-102(21) is in connection with the sale, purchase, lease, or other disposition of
3345-1646
3353+1650
33463354 real estate or investment in real estate unrelated to the principal business activity of
3347-1647
3355+1651
33483356 that public utility;
3349-1648
3357+1652
33503358 (f) a regular salaried employee or authorized agent working under the oversight of the
3351-1649
3359+1653
33523360 Department of Transportation when performing an act on behalf of the Department of
3353-1650
3361+1654
33543362 Transportation in connection with one or more of the following:
3355-1651
3363+1655
33563364 (i) the acquisition of real estate pursuant to Section 72-5-103;
3357-1652
3365+1656
33583366 (ii) the disposal of real estate pursuant to Section 72-5-111;
3359-1653
3367+1657
33603368 (iii) services that constitute property management; or
3361-1654
3369+1658
33623370 (iv) the leasing of real estate; and
3363-1655
3371+- 49 - 1st Sub. (Buff) S.B. 17 01-21 15:26
3372+1659
33643373 (g) a regular salaried employee of a county, city, or town when performing an act on
3365-1656
3374+1660
33663375 behalf of the county, city, or town:
3367-1657
3376+1661
33683377 (i) in accordance with:
3369-- 49 - S.B. 17 Enrolled Copy
3370-1658
3378+1662
33713379 (A) if a regular salaried employee of a city or town:
3372-1659
3380+1663
33733381 (I) Title 10, Utah Municipal Code; or
3374-1660
3382+1664
33753383 (II) Title 11, Cities, Counties, and Local Taxing Units; and
3376-1661
3384+1665
33773385 (B) if a regular salaried employee of a county:
3378-1662
3386+1666
33793387 (I) Title 11, Cities, Counties, and Local Taxing Units; and
3380-1663
3388+1667
33813389 (II) Title 17, Counties; and
3382-1664
3390+1668
33833391 (ii) in connection with one or more of the following:
3384-1665
3392+1669
33853393 (A) the acquisition of real estate, including by eminent domain;
3386-1666
3394+1670
33873395 (B) the disposal of real estate;
3388-1667
3396+1671
33893397 (C) services that constitute property management; or
3390-1668
3398+1672
33913399 (D) the leasing of real estate.
3392-1669
3400+1673
33933401 (3) A license under this chapter is not required for an individual registered to act as a
3394-1670
3402+1674
33953403 broker-dealer, agent, or investment adviser under the Utah and federal securities laws in
3396-1671
3404+1675
33973405 the sale or the offer for sale of real estate if:
3398-1672
3406+1676
33993407 (a)(i) the real estate is a necessary element of a "security" as that term is defined by
3400-1673
3408+1677
34013409 the Securities Act of 1933 and the Securities Exchange Act of 1934; and
3402-1674
3410+1678
34033411 (ii) the security is registered for sale in accordance with:
3404-1675
3412+1679
34053413 (A) the Securities Act of 1933; or
3406-1676
3414+1680
34073415 (B) Title 61, Chapter 1, Utah Uniform Securities Act; or
3408-1677
3416+1681
34093417 (b)(i) it is a transaction in a security for which a Form D, described in 17 C.F.R. Sec.
3410-1678
3418+1682
34113419 239.500, has been filed with the Securities and Exchange Commission pursuant to
3412-1679
3420+1683
34133421 Regulation D, Rule 506, 17 C.F.R. Sec. 230.506; and
3414-1680
3422+1684
34153423 (ii) the selling agent and the purchaser are not residents of this state.
3416-1681
3424+1685
34173425 (4) Except as otherwise provided by statute or rule, the following individuals may engage in
3418-1682
3426+1686
34193427 the practice of an occupation or profession regulated by this chapter, subject to the stated
3420-1683
3428+1687
34213429 circumstances and limitations, without being licensed under this chapter:
3422-1684
3430+1688
34233431 (a) an individual licensed under the laws of this state, other than under this chapter, to
3424-1685
3432+1689
34253433 practice or engage in an occupation or profession, while engaged in the lawful,
3426-1686
3434+1690
34273435 professional, and competent practice of that occupation or profession;
3428-1687
3436+1691
34293437 (b) an individual serving in the armed forces of the United States, the United States
3430-1688
3438+1692
34313439 Public Health Service, the United States Department of Veterans Affairs, or any other
3432-1689
3440+- 50 - 01-21 15:26 1st Sub. (Buff) S.B. 17
3441+1693
34333442 federal agency while engaged in activities regulated under this title as a part of
3434-1690
3443+1694
34353444 employment with that federal agency if the individual holds a valid license to practice
3436-1691
3445+1695
34373446 the regulated occupation or profession issued by any other state or jurisdiction
3438-- 50 - Enrolled Copy S.B. 17
3439-1692
3447+1696
34403448 recognized by the department; and
3441-1693
3449+1697
34423450 (c) the spouse of an individual serving in the armed forces of the United States or the
3443-1694
3451+1698
34443452 spouse of a DOD civilian while the individual or DOD civilian is stationed within
3445-1695
3453+1699
34463454 this state, if:
3447-1696
3455+1700
34483456 (i) the spouse holds a valid license to practice the regulated occupation or profession
3449-1697
3457+1701
34503458 issued by any other state or jurisdiction recognized by the department; and
3451-1698
3459+1702
34523460 (ii) the license is current and the spouse is in good standing in the state or jurisdiction
3453-1699
3461+1703
34543462 of licensure.
3455-1700
3463+1704
34563464 (5) As used in this section, "owner" does not include:
3457-1701
3465+1705
34583466 (a) a person who holds an option to purchase real property;
3459-1702
3467+1706
34603468 (b) a mortgagee;
3461-1703
3469+1707
34623470 (c) a beneficiary under a deed of trust;
3463-1704
3471+1708
34643472 (d) a trustee under a deed of trust; or
3465-1705
3473+1709
34663474 (e) a person who owns or holds a claim that encumbers any real property or an
3467-1706
3475+1710
34683476 improvement to the real property.
3469-1707
3477+1711
34703478 (6) The commission, with the concurrence of the division, may provide, by rule made in
3471-1708
3479+1712
34723480 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3473-1709
3481+1713
34743482 circumstances under which a person or transaction qualifies for an exemption that is
3475-1710
3483+1714
34763484 described in this section.
3477-1711
3485+1715
34783486 Section 27. Effective date.
3479-1712
3487+1716
34803488 This bill takes effect on May 7, 2025.
3481-1713
3489+1717
34823490 Section 28. Coordinating S.B. 17 with H.B. 142.
3483-1714
3491+1718
34843492 If S.B. 17, Services for Department of Defense Civilian Employees, and H.B. 142,
3485-1715
3493+1719
34863494 Service Member and Veteran Amendments, both pass and become law, the Legislature intends
3487-1716
3495+1720
34883496 that, on May 7, 2025, Subsection 53B-8-102(9)(a) in S.B. 17 and H.B. 142 be amended to read:
3489-1717
3497+1721
34903498 "(9)(a) The evidence described in Subsection [(8)(a)(ii)(B) or (8)(b)(ii)(B) ] (8)(j)(ii)(B)
3491-1718
3499+1722
34923500 or (8)(k)(ii)(B) includes:
3493-1719
3501+1723
34943502 (i) a current Utah voter registration card;
3495-1720
3503+1724
34963504 (ii) a valid Utah driver license or identification card;
3497-1721
3505+1725
34983506 (iii) a current Utah vehicle registration;
3499-1722
3507+1726
35003508 (iv) a copy of a Utah income tax return, in the [military service member's or
3501-1723
3509+- 51 - 1st Sub. (Buff) S.B. 17 01-21 15:26
3510+1727
35023511 military service member's spouse's name] name of the DOD civilian or DOD civilian's spouse,
3503-1724
3512+1728
35043513 filed as a resident in accordance with Section 59-10-502; or
3505-1725
3514+1729
35063515 (v) proof that the [military service member or military service member's spouse]
3507-- 51 - S.B. 17 Enrolled Copy
3508-1726
3516+1730
35093517 DOD civilian or DOD civilian's spouse owns a home in Utah, including a property tax notice
3510-1727
3518+1731
35113519 for property owned in Utah.".
35123520 - 52 -