Enrolled Copy S.B. 17
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Services for Department of Defense Civilian Employees
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: Val L. Peterson
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LONG TITLE
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General Description:
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This bill addresses certain benefits for a United States Department of Defense employee
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and the employee's family.
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Highlighted Provisions:
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This bill:
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▸ provides certain exemptions from occupational and professional licensure in a variety of
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occupations and professions for:
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● a United States Department of Defense employee if the employee has a valid license in
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another jurisdiction; and
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● a spouse of a United States Department of Defense employee if the spouse has a valid
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license in another jurisdiction;
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▸ provides in-state residency for tuition purposes at an institution of higher education for a
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United States Department of Defense employee and the employee's family;
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▸ addresses k-12 requirements for a child of a United States Department of Defense
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employee;
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▸ contains a coordination clause to coordinate technical changes between this bill and H.B.
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142, Service Member and Veteran Amendments; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS: S.B. 17 Enrolled Copy
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4-1-109, as last amended by Laws of Utah 2024, Chapter 152
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4-1-111, as enacted by Laws of Utah 2018, Chapter 462
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13-1-15, as enacted by Laws of Utah 2018, Chapter 462
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31A-23a-102, as last amended by Laws of Utah 2015, Chapters 244, 330
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31A-23a-104, as last amended by Laws of Utah 2018, Chapter 462
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31A-26-102, as last amended by Laws of Utah 2021, Chapter 252
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31A-26-202, as last amended by Laws of Utah 2018, Chapter 462
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53-9-102, as last amended by Laws of Utah 2024, Chapter 506
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53-9-122, as last amended by Laws of Utah 2019, Chapter 136
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53B-8-102, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
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53E-6-102, as last amended by Laws of Utah 2024, Chapter 20
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53E-6-204, as last amended by Laws of Utah 2019, Chapter 186
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53G-1-103, as last amended by Laws of Utah 2020, Chapter 161 and last amended by
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Coordination Clause, Laws of Utah 2020, Chapter 161
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53G-6-306, as last amended by Laws of Utah 2023, Chapter 44
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53G-6-402, as last amended by Laws of Utah 2024, Chapter 67
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53G-6-502, as last amended by Laws of Utah 2023, Chapter 44
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58-1-102, as last amended by Laws of Utah 2024, Chapter 486
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58-1-307, as last amended by Laws of Utah 2023, Chapters 310, 328
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61-1-32, as enacted by Laws of Utah 2018, Chapter 462
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61-2f-102, as last amended by Laws of Utah 2024, Chapter 227
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61-2f-202, as last amended by Laws of Utah 2022, Chapter 204
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ENACTS:
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53E-3-1201, Utah Code Annotated 1953
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53E-3-1202, Utah Code Annotated 1953
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53E-3-1203, Utah Code Annotated 1953
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53E-3-1204, Utah Code Annotated 1953
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53E-3-1205, Utah Code Annotated 1953
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Utah Code Sections affected by Coordination Clause:
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53B-8-102, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 4-1-109 is amended to read:
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4-1-109 . General definitions.
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As used in this title:
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(1) "Agricultural product" or "product of agriculture" means any product that is derived
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from agriculture, including any product derived from aquaculture as defined in Section
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4-37-103.
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(2) "Agriculture" means the science and art of the production of plants and animals useful
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to man, including the preparation of plants and animals for human use and disposal by
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marketing or otherwise.
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(3) "Commissioner" means the commissioner of agriculture and food.
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(4) "Department" means the Department of Agriculture and Food created in Chapter 2,
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Administration.
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(5) "Dietary supplement" means the same as that term is defined in the Federal Food, Drug,
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and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
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(6) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
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[(6)] (7) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated
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elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer
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raised or kept for profit.
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[(7)] (8) "Local food" means an agricultural product or livestock that is:
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(a) produced, processed, and distributed for sale or consumption within the state; and
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(b) sold to an end consumer within the state.
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[(8)] (9) "Organization" means a corporation, government or governmental subdivision or
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agency, business trust, estate, trust, partnership, association, two or more persons having
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a joint or common interest, or any other legal entity.
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[(9)] (10) "Person" means a natural person or individual, corporation, organization, or other
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legal entity.
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Section 2. Section 4-1-111 is amended to read:
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4-1-111 . Exemptions from licensure.
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Except as otherwise provided by statute or rule, the following individuals may engage in
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the practice of an occupation or profession regulated by this title, subject to the stated
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circumstances and limitations, without being licensed under this title:
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(1) an individual licensed under the laws of this state, other than under this title, to practice
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or engage in an occupation or profession, while engaged in the lawful, professional, and
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competent practice of that occupation or profession;
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(2) an individual serving in the armed forces of the United States, the United States Public
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Health Service, the United States Department of Veterans Affairs, or any other federal
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agency while engaged in activities regulated under this title as a part of employment
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with that federal agency if the individual holds a valid license to practice the regulated
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occupation or profession issued by any other state or jurisdiction recognized by the
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department; and
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(3) the spouse of an individual serving in the armed forces of the United States or the
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spouse of a DOD civilian while the individual or DOD civilian is stationed within this
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state, if:
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(a) the spouse holds a valid license to practice the regulated occupation or profession
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issued by any other state or jurisdiction recognized by the department; and
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(b) the license is current and the spouse is in good standing in the state or jurisdiction of
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licensure.
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Section 3. Section 13-1-15 is amended to read:
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13-1-15 . Exemptions from licensure.
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(1) As used in this section, "DOD civilian" means the same as that term is defined in
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Section 53B-8-102.
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(2) Except as otherwise provided by statute or rule, the following individuals may
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engage in the practice of an occupation or profession regulated by this title, subject to
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the stated circumstances and limitations, without being licensed under this title:
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[(1)] (a) an individual licensed under the laws of this state, other than under this title, to
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practice or engage in an occupation or profession, while engaged in the lawful,
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professional, and competent practice of that occupation or profession;
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[(2)] (b) an individual serving in the armed forces of the United States, the United States
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Public Health Service, the United States Department of Veterans Affairs, or any other
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federal agency while engaged in activities regulated under this title as a part of
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employment with that federal agency if the individual holds a valid license to practice
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the regulated occupation or profession issued by any other state or jurisdiction
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recognized by the department; and
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[(3)] (c) the spouse of an individual serving in the armed forces of the United States or
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the spouse of a DOD civilian while the individual or DOD civilian is stationed within
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this state, if:
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[(a)] (i) the spouse holds a valid license to practice the regulated occupation or
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profession issued by any other state or jurisdiction recognized by the department;
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and
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[(b)] (ii) the license is current and the spouse is in good standing in the state or
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jurisdiction of licensure.
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Section 4. Section 31A-23a-102 is amended to read:
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31A-23a-102 . Definitions.
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As used in this chapter:
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(1) "Bail bond producer" is as defined in Section 31A-35-102.
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(2) "Designated home state" means the state or territory of the United States or the District
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of Columbia:
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(a) in which an insurance producer, limited lines producer, consultant, managing general
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agent, or reinsurance intermediary licensee does not maintain the licensee's principal:
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(i) place of residence; or
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(ii) place of business;
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(b) if the resident state, territory, or District of Columbia of the licensee does not license
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for the line of authority sought, the licensee has qualified for the license as if the
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person were a resident in the state, territory, or District of Columbia described in
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Subsection (2)(a), including an applicable:
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(i) examination requirement;
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(ii) fingerprint background check requirement; and
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(iii) continuing education requirement; and
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(c) if the licensee has designated the state, territory, or District of Columbia as the
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designated home state.
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(3) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
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[(3)] (4) "Home state" means:
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(a) a state or territory of the United States or the District of Columbia in which an
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insurance producer, limited lines producer, consultant, managing general agent, or
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reinsurance intermediary licensee:
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(i) maintains the licensee's principal:
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(A) place of residence; or
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(B) place of business; and
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(ii) is licensed to act as a resident licensee; or
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(b) if the resident state, territory, or the District of Columbia described in Subsection [
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(3)(a)] (4)(a) does not license for the line of authority sought, a state, territory, or the
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District of Columbia:
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(i) in which the licensee is licensed;
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(ii) in which the licensee is in good standing; and
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(iii) that the licensee has designated as the licensee's designated home state.
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[(4)] (5) "Insurer" is as defined in Section 31A-1-301, except that the following persons or
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similar persons are not insurers for purposes of Part 7, Producer Controlled Insurers:
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(a) a risk retention group as defined in:
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(i) the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499;
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(ii) the Risk Retention Act, 15 U.S.C. Sec. 3901 et seq.; and
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(iii) Chapter 15, Part 2, Risk Retention Groups Act;
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(b) a residual market pool;
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(c) a joint underwriting authority or association; and
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(d) a captive insurer.
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[(5)] (6) "License" is defined in Section 31A-1-301.
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[(6)] (7)(a) "Managing general agent" means a person that:
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(i) manages all or part of the insurance business of an insurer, including the
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management of a separate division, department, or underwriting office;
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(ii) acts as an agent for the insurer whether it is known as a managing general agent,
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manager, or other similar term;
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(iii) produces and underwrites an amount of gross direct written premium equal to, or
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more than, 5% of the policyholder surplus as reported in the last annual statement
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of the insurer in any one quarter or year:
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(A) with or without the authority;
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(B) separately or together with an affiliate; and
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(C) directly or indirectly; and
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(iv)(A) adjusts or pays claims in excess of an amount determined by the
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commissioner; or
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(B) negotiates reinsurance on behalf of the insurer.
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(b) Notwithstanding Subsection [(6)(a)] (7)(a), the following persons may not be
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considered as managing general agent for the purposes of this chapter:
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(i) an employee of the insurer;
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(ii) a United States manager of the United States branch of an alien insurer;
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(iii) an underwriting manager that, pursuant to contract:
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(A) manages all the insurance operations of the insurer;
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(B) is under common control with the insurer;
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(C) is subject to Chapter 16, Insurance Holding Companies; and
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(D) is not compensated based on the volume of premiums written; and
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(iv) the attorney-in-fact authorized by and acting for the subscribers of a reciprocal
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insurer or inter-insurance exchange under powers of attorney.
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[(7)] (8) "Negotiate" means the act of conferring directly with or offering advice directly to
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a purchaser or prospective purchaser of a particular contract of insurance concerning a
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substantive benefit, term, or condition of the contract if the person engaged in that act:
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(a) sells insurance; or
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(b) obtains insurance from insurers for purchasers.
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[(8)] (9) "Reinsurance intermediary" means:
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(a) a reinsurance intermediary-broker; or
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(b) a reinsurance intermediary-manager.
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[(9)] (10) "Reinsurance intermediary-broker" means a person other than an officer or
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employee of the ceding insurer, firm, association, or corporation who solicits, negotiates,
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or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the
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authority or power to bind reinsurance on behalf of the insurer.
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[(10)] (11)(a) "Reinsurance intermediary-manager" means a person who:
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(i) has authority to bind or who manages all or part of the assumed reinsurance
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business of a reinsurer, including the management of a separate division,
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department, or underwriting office; and
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(ii) acts as an agent for the reinsurer whether the person is known as a reinsurance
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intermediary-manager, manager, or other similar term.
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(b) Notwithstanding Subsection [(10)(a)] (11)(a), the following persons may not be
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considered reinsurance intermediary-managers for the purpose of this chapter with
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respect to the reinsurer:
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(i) an employee of the reinsurer;
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(ii) a United States manager of the United States branch of an alien reinsurer;
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(iii) an underwriting manager that, pursuant to contract:
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(A) manages all the reinsurance operations of the reinsurer;
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(B) is under common control with the reinsurer;
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(C) is subject to Chapter 16, Insurance Holding Companies; and
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(D) is not compensated based on the volume of premiums written; and
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(iv) the manager of a group, association, pool, or organization of insurers that:
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(A) engage in joint underwriting or joint reinsurance; and
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(B) are subject to examination by the insurance commissioner of the state in
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which the manager's principal business office is located.
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[(11)] (12) "Resident" is as defined by rule made by the commissioner in accordance with
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Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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[(12)] (13) "Sell" means to exchange a contract of insurance:
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(a) by any means;
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(b) for money or its equivalent; and
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(c) on behalf of an insurance company.
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[(13)] (14) "Solicit" means:
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(a) attempting to sell insurance;
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(b) asking or urging a person to apply for:
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(i) a particular kind of insurance; and
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(ii) insurance from a particular insurance company;
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(c) advertising insurance, including advertising for the purpose of obtaining leads for the
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sale of insurance; or
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(d) holding oneself out as being in the insurance business.
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[(14)] (15) "Terminate" means:
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(a) the cancellation of the relationship between:
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(i) an individual licensee or agency licensee and a particular insurer; or
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(ii) an individual licensee and a particular agency licensee; or
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(b) the termination of:
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(i) an individual licensee's or agency licensee's authority to transact insurance on
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behalf of a particular insurance company; or
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(ii) an individual licensee's authority to transact insurance on behalf of a particular
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agency licensee.
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[(15)] (16) "Title examination" means a license subline of authority in conjunction with the
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title insurance line of authority that allows a person to issue title insurance commitments
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or policies on behalf of a title insurer.
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[(16)] (17) "Title marketing representative" means a person who:
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(a) represents a title insurer in soliciting, requesting, or negotiating the placing of:
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(i) title insurance; or
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(ii) escrow services; and
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(b) does not have a title examination or escrow license as provided in Section
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31A-23a-106.
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[(17)] (18) "Uniform application" means the version of the National Association of
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Insurance Commissioners' uniform application for resident and nonresident producer
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licensing at the time the application is filed.
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[(18)] (19) "Uniform business entity application" means the version of the National
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Association of Insurance Commissioners' uniform business entity application for
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resident and nonresident business entities at the time the application is filed.
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Section 5. Section 31A-23a-104 is amended to read:
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31A-23a-104 . Application for individual license -- Application for agency license.
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(1) This section applies to an initial or renewal license as a:
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(a) producer;
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(b) surplus lines producer;
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(c) limited line producer;
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(d) consultant;
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(e) managing general agent; or
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(f) reinsurance intermediary.
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(2)(a) Subject to Subsection (2)(b), to obtain or renew an individual license, an
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individual shall:
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(i) file an application for an initial or renewal individual license with the
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commissioner on forms and in a manner the commissioner prescribes; and
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(ii) except as provided in Subsection (6), pay a license fee that is not refunded if the
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application:
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(A) is denied; or
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(B) is incomplete when filed and is never completed by the applicant.
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(b) An application described in this Subsection (2) shall provide:
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(i) information about the applicant's identity;
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(ii) the applicant's Social Security number;
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(iii) the applicant's personal history, experience, education, and business record;
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(iv) whether the applicant is 18 years [of age] old or older;
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(v) whether the applicant has committed an act that is a ground for denial,
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suspension, or revocation as set forth in Section 31A-23a-105 or 31A-23a-111;
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(vi) if the application is for a resident individual producer license, certification that
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the applicant complies with Section 31A-23a-203.5; and
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(vii) any other information the commissioner reasonably requires.
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(3) The commissioner may require a document reasonably necessary to verify the
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information contained in an application filed under this section.
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(4) An applicant's Social Security number contained in an application filed under this
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section is a private record under Section 63G-2-302.
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(5)(a) Subject to Subsection (5)(b), to obtain or renew an agency license, a person shall:
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(i) file an application for an initial or renewal agency license with the commissioner
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on forms and in a manner the commissioner prescribes; and
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(ii) pay a license fee that is not refunded if the application:
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(A) is denied; or
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(B) is incomplete when filed and is never completed by the applicant.
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(b) An application described in Subsection (5)(a) shall provide:
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(i) information about the applicant's identity;
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(ii) the applicant's federal employer identification number;
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(iii) the designated responsible licensed individual;
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(iv) the identity of the owners, partners, officers, and directors;
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(v) whether the applicant has committed an act that is a ground for denial,
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suspension, or revocation as set forth in Section 31A-23a-105 or 31A-23a-111; and
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(vi) any other information the commissioner reasonably requires.
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(6) The following individuals are exempt from paying a license fee:
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(a) an individual serving in the armed forces of the United States while the individual is
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stationed within this state, if:
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(i) the individual holds a valid license to practice the regulated occupation or
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profession issued by any other state or jurisdiction recognized by the department;
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and
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(ii) the license is current and the individual is in good standing in the state or
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jurisdiction of licensure; and
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(b) the spouse of an individual serving in the armed forces of the United States or the
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spouse of a DOD civilian while the individual or DOD civilian is stationed within
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this state, if:
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(i) the spouse holds a valid license to practice the regulated occupation or profession
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issued by any other state or jurisdiction recognized by the department; and
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(ii) the license is current and the spouse is in good standing in the state or jurisdiction
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of licensure.
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Section 6. Section 31A-26-102 is amended to read:
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31A-26-102 . Definitions.
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As used in this chapter, unless expressly provided otherwise:
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(1) "Company adjuster" means a person employed by an insurer who negotiates or settles
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claims on behalf of the insurer or an affiliated insurer.
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(2) "Designated home state" means the state or territory of the United States or the District
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of Columbia:
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(a) in which an insurance adjuster does not maintain the adjuster's principal:
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(i) place of residence; or
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(ii) place of business;
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(b) if the resident state, territory, or District of Columbia of the adjuster does not license
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adjusters for the line of authority sought, the adjuster has qualified for the license as
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if the person were a resident in the state, territory, or District of Columbia described
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in Subsection (2)(a), including an applicable:
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(i) examination requirement;
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(ii) fingerprint background check requirement; and
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(iii) continuing education requirement; and
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(c) that the adjuster has designated as the insurance adjuster's designated home state.
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(3) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
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[(3)] (4) "Home state" means:
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(a) a state or territory of the United States or the District of Columbia in which an
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insurance adjuster:
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(i) maintains the adjuster's principal:
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(A) place of residence; or
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(B) place of business; and
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(ii) is licensed to act as a resident adjuster; or
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(b) if the resident state, territory, or the District of Columbia described in Subsection [
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(3)(a)] (4)(a) does not license adjusters for the line of authority sought, a state,
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territory, or the District of Columbia:
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(i) in which the adjuster is licensed;
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(ii) in which the adjuster is in good standing; and
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(iii) that the adjuster has designated as the adjuster's designated home state.
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[(4)] (5) "Independent adjuster" means an insurance adjuster required to be licensed under
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Section 31A-26-201, who engages in insurance adjusting as a representative of one or
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more insurers.
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[(5)] (6) "Insurance adjusting" or "adjusting" means directing or conducting the
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investigation, negotiation, or settlement of a claim under an insurance policy, on behalf
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of an insurer, policyholder, or a claimant under an insurance policy.
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[(6)] (7)(a) "Organization" means a person other than a natural person.
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(b) "Organization" includes a sole proprietorship by which a natural person does
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business under an assumed name.
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[(7)] (8) "Portable electronics insurance" means the same as that term is defined in Section
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31A-22-1802.
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[(8)] (9) "Public adjuster" means a person required to be licensed under Section 31A-26-201,
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who engages in insurance adjusting as a representative of insureds and claimants under
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insurance policies.
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Section 7. Section 31A-26-202 is amended to read:
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31A-26-202 . Application for license.
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(1)(a) The application for a license as an independent adjuster or public adjuster shall be:
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(i) made to the commissioner on forms and in a manner the commissioner prescribes;
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and
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(ii) except as provided in Subsection (4), accompanied by the applicable fee, which is
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not refunded if the application is denied.
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(b) The application shall provide:
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(i) information about the applicant's identity, including:
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(A) the applicant's:
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(I) Social Security number; or
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(II) federal employer identification number;
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(B) the applicant's personal history, experience, education, and business record;
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(C) if the applicant is a natural person, whether the applicant is 18 years [of age]
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old or older; and
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(D) whether the applicant has committed an act that is a ground for denial,
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suspension, or revocation as set forth in Section 31A-25-208; and
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(ii) any other information as the commissioner reasonably requires.
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(2) The commissioner may require documents reasonably necessary to verify the
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information contained in the application.
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(3) An applicant's Social Security number contained in an application filed under this
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section is a private record under Section 63G-2-302.
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(4) The following individuals are exempt from paying a license fee:
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(a) an individual serving in the armed forces of the United States while the individual is
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stationed within this state, if:
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(i) the individual holds a valid license to practice the regulated occupation or
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profession issued by any other state or jurisdiction recognized by the department;
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and
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(ii) the license is current and the individual is in good standing in the state or
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jurisdiction of licensure; and
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(b) the spouse of an individual serving in the armed forces of the United States or the
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spouse of a DOD civilian while the individual or DOD civilian is stationed within
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this state, if:
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(i) the spouse holds a valid license to practice the regulated occupation or profession
410
issued by any other state or jurisdiction recognized by the department; and
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(ii) the license is current and the spouse is in good standing in the state or jurisdiction
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of licensure.
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Section 8. Section 53-9-102 is amended to read:
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53-9-102 . Definitions.
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In this chapter, unless otherwise stated:
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(1) "Adequate records" means records containing, at a minimum, sufficient information to
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identify the client, the dates of service, the fee for service, the payments for service, the
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type of service given, and copies of any reports that may have been made.
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(2) "Advertising" means the submission of bids, contracting or making known by any
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public notice, publication, or solicitation of business, directly or indirectly, that services
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regulated under this chapter are available for consideration.
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(3) "Agency" means a person who holds an agency license pursuant to this chapter, and
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includes one who employs an individual for wages and salary, and withholds all legally
424
required deductions and contributions, or contracts with a registrant or an apprentice on
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a part-time or case-by-case basis to conduct an investigation on behalf of the agency.
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(4) "Applicant" means any person who has submitted a completed application and all
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required fees.
428
(5) "Apprentice" means a person who holds an apprentice license pursuant to this chapter,
429
has not met the requirements for registration, and works under the direct supervision and
430
guidance of an agency.
431
(6) "Board" means the Bail Bond Recovery and Private Investigator Licensure Board
432
created in Section 53-11-104.
433
(7) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
434
(8) "Commissioner" means the commissioner of the Department of Public Safety.
435
(9) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting
- 13 - S.B. 17 Enrolled Copy
436
from trial or plea, including a plea of no contest, regardless of whether the imposition of
437
sentence was suspended.
438
(10) "Department" means the Department of Public Safety.
439
(11) "Direct supervision" means that the agency or employer:
440
(a) is responsible for, and authorizes, the type and extent of work assigned;
441
(b) reviews and approves all work produced by the apprentice before it goes to the client;
442
(c) closely supervises and provides direction and guidance to the apprentice in the
443
performance of his assigned work; and
444
(d) is immediately available to the apprentice for verbal contact, including by electronic
445
means.
446
(12) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
447
[(12)] (13) "Emergency action" means a summary suspension of a license pending
448
revocation, suspension, or probation in order to protect the public health, safety, or
449
welfare.
450
[(13)] (14) "Employee" means an individual who works for an agency or other employer, is
451
listed on the agency's or employer's payroll records, and is under the agency's or
452
employer's direction and control. An employee is not an independent contractor.
453
[(14)] (15) "Identification card" means a card issued by the commissioner to a qualified
454
applicant for an agency, registrant, or apprentice license.
455
[(15)] (16) "Letter of concern" means an advisory letter to notify a licensee that while there
456
is insufficient evidence to support probation, suspension, or revocation of a license, the
457
department informs the licensee of the need to modify or eliminate certain practices and
458
that continuation of the activities that led to the information being submitted to the
459
department may result in further disciplinary action against the licensee.
460
[(16)] (17) "Licensee" means a person to whom an agency, registrant, or apprentice license
461
is issued by the department.
462
[(17)] (18)(a) "Private investigator or private detective" means any person, except
463
collection agencies and credit reporting agencies, who, for consideration, engages in
464
business or accepts employment to conduct any investigation for the purpose of
465
obtaining information with reference to:
466
(i) crime, wrongful acts, or threats against the United States or any state or territory
467
of the United States;
468
(ii) the identity, reputation, character, habits, conduct, business occupation, honesty,
469
integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
- 14 - Enrolled Copy S.B. 17
470
movements, whereabouts, affiliations, associations, or transactions of any person
471
or group of persons;
472
(iii) the credibility of witnesses or other persons;
473
(iv) the whereabouts of missing persons or owners of abandoned property;
474
(v) the causes and origin of, or responsibility for a fire, libel, slander, a loss, an
475
accident, damage, or an injury to real or personal property;
476
(vi) the business of securing evidence to be used before investigating committees or
477
boards of award or arbitration or in the trial of civil or criminal cases and the trial
478
preparation;
479
(vii) the prevention, detection, and removal of installed devices for eavesdropping or
480
observation;
481
(viii) the business of "skip tracing" persons who have become delinquent in their
482
lawful debts, either when hired by an individual, collection agency, or through the
483
direct purchase of the debt from a financial institution or entity owning the debt or
484
judgment; or
485
(ix) serving civil process.
486
(b) "Private investigator or private detective" does not include:
487
(i) any person or employee conducting an investigation on the person's or employee's
488
own behalf or on behalf of the employer if the employer is not a private
489
investigator under this chapter;
490
(ii) an employee of an attorney licensed to practice law in this state; or
491
(iii) a currently licensed certified public accountant or CPA as defined in Section
492
58-26a-102.
493
[(18)] (19) "Qualifying party" means the individual meeting the qualifications under this
494
chapter for a private investigator license.
495
[(19)] (20) "Registrant" means any person who holds a registrant license pursuant to this
496
chapter. The registrant performs private investigative work either as an employee on an
497
employer's payroll or, on a contract with an agency, part-time, or case-by-case basis,
498
with a minimum amount of direction.
499
[(20)] (21) "Restructuring" means any change in the legal status of a business.
500
[(21)] (22) "Unprofessional conduct" means any of the following:
501
(a) engaging or offering to engage by fraud or misrepresentation in any activities
502
regulated by this chapter;
503
(b) aiding or abetting a person who is not licensed pursuant to this chapter in
- 15 - S.B. 17 Enrolled Copy
504
representing that person as a private investigator or registrant in this state;
505
(c) gross negligence in the practice of a private investigator or registrant;
506
(d) failing or refusing to maintain adequate records and investigative findings on a
507
subject of investigation or a client;
508
(e) committing a felony or a misdemeanor involving any crime that is grounds for
509
denial, suspension, or revocation of an agency, registrant, or apprentice license. In
510
all cases, conviction by a court of competent jurisdiction or a plea of no contest is
511
conclusive evidence of the commission of the crime; or
512
(f) making a fraudulent or untrue statement to the bureau, board, department, or its
513
investigators, staff, or consultants.
514
Section 9. Section 53-9-122 is amended to read:
515
53-9-122 . Exemptions from licensure.
516
Except as otherwise provided by statute or rule, the following individuals may engage in
517
the practice of an occupation or profession regulated by this chapter, subject to the stated
518
circumstances and limitations, without being licensed under this title:
519
(1) an individual licensed under the laws of this state, other than under this chapter, to
520
practice or engage in an occupation or profession, while engaged in the lawful,
521
professional, and competent practice of that occupation or profession;
522
(2) an individual serving in the armed forces of the United States, the United States Public
523
Health Service, the United States Department of Veterans Affairs, or any other federal
524
agency while engaged in activities regulated under this title as a part of employment
525
with that federal agency if the individual holds a valid license to practice the regulated
526
occupation or profession issued by any other state or jurisdiction recognized by the
527
department; and
528
(3) the spouse of an individual serving in the armed forces of the United States or the
529
spouse of a DOD civilian while the individual or DOD civilian is stationed within this
530
state, if:
531
(a) the spouse holds a valid license to practice the regulated occupation or profession
532
issued by any other state or jurisdiction recognized by the department; and
533
(b) the license is current and the spouse is in good standing in the state or jurisdiction of
534
licensure.
535
The following section is affected by a coordination clause at the end of this bill.
536
Section 10. Section 53B-8-102 is amended to read:
537
53B-8-102 . Definitions -- Resident student status -- Exceptions.
- 16 - Enrolled Copy S.B. 17
538
(1) As used in this section:
539
(a) "DOD civilian" means an employee of the United States Department of Defense who
540
is assigned to perform the employee's duties at a military organization based in Utah.
541
[(a)] (b) "Eligible person" means an individual who is entitled to post-secondary
542
educational benefits under Title 38 U.S.C., Veterans' Benefits.
543
[(b)] (c) "Immediate family member" means an individual's spouse or dependent child.
544
[(c)] (d) "Inmate" means the same as that term is defined in Section 64-13-1.
545
[(d)] (e) "Military service member" means an individual who:
546
(i) is serving on active duty in the United States Armed Forces within the state of
547
Utah;
548
(ii) is a member of a reserve component of the United States Armed Forces assigned
549
in Utah;
550
(iii) is a member of the Utah National Guard; or
551
(iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
552
outside of Utah pursuant to federal permanent change of station orders.
553
[(e)] (f) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
554
[(f)] (g) "Parent" means a student's biological or adoptive parent.
555
(2) The meaning of "resident student" is determined by reference to the general law on the
556
subject of domicile, except as provided in this section.
557
(3)(a) Institutions within the state system of higher education may grant resident student
558
status to any student who has come to Utah and established residency for the purpose
559
of attending an institution of higher education, and who, prior to registration as a
560
resident student:
561
(i) has maintained continuous Utah residency status for one full year;
562
(ii) has signed a written declaration that the student has relinquished residency in any
563
other state; and
564
(iii) has submitted objective evidence that the student has taken overt steps to
565
establish permanent residency in Utah and that the student does not maintain a
566
residence elsewhere.
567
(b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
568
(i) a Utah high school transcript issued in the past year confirming attendance at a
569
Utah high school in the past 12 months;
570
(ii) a Utah voter registration dated a reasonable period prior to application;
571
(iii) a Utah driver license or identification card with an original date of issue or a
- 17 - S.B. 17 Enrolled Copy
572
renewal date several months prior to application;
573
(iv) a Utah vehicle registration dated a reasonable period prior to application;
574
(v) evidence of employment in Utah for a reasonable period prior to application;
575
(vi) proof of payment of Utah resident income taxes for the previous year;
576
(vii) a rental agreement showing the student's name and Utah address for at least 12
577
months prior to application; and
578
(viii) utility bills showing the student's name and Utah address for at least 12 months
579
prior to application.
580
(c) A student who is claimed as a dependent on the tax returns of a person who is not a
581
resident of Utah is not eligible to apply for resident student status.
582
(4) Except as provided in Subsection (8), an institution within the state system of higher
583
education may establish stricter criteria for determining resident student status.
584
(5) If an institution does not have a minimum credit-hour requirement, that institution shall
585
honor the decision of another institution within the state system of higher education to
586
grant a student resident student status, unless:
587
(a) the student obtained resident student status under false pretenses; or
588
(b) the facts existing at the time of the granting of resident student status have changed.
589
(6) Within the limits established in Chapter 8, Tuition Waiver and Scholarships, each
590
institution within the state system of higher education may, regardless of its policy on
591
obtaining resident student status, waive nonresident tuition either in whole or in part, but
592
not other fees.
593
(7) In addition to the waivers of nonresident tuition under Subsection (6), each institution
594
may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the
595
maximum number allowed by the appropriate athletic conference as recommended by
596
the president of each institution.
597
(8) Notwithstanding Subsection (3), an institution within the state system of higher
598
education shall grant resident student status for tuition purposes to:
599
(a) a military service member, if the military service member provides:
600
(i) the military service member's current United States military identification card;
601
and
602
(ii)(A) a statement from the military service member's current commander, or
603
equivalent, stating that the military service member is assigned in Utah; or
604
(B) evidence that the military service member is domiciled in Utah, as described
605
in Subsection (9)(a);
- 18 - Enrolled Copy S.B. 17
606
(b) a military service member's immediate family member, if the military service
607
member's immediate family member provides:
608
(i)(A) the military service member's current United States military identification
609
card; or
610
(B) the immediate family member's current United States military identification
611
card; and
612
(ii)(A) a statement from the military service member's current commander, or
613
equivalent, stating that the military service member is assigned in Utah;
614
(B) evidence that the military service member is domiciled in Utah, as described
615
in Subsection (9)(a); or
616
(C) evidence that the immediate family member completed at least one year of
617
grades 9 through 12 at a local education agency, as defined in Section
618
53E-1-102, within the state while the military service member was assigned in
619
Utah, regardless of the service member's current assignment[.] ;
620
(c) a military veteran, regardless of whether the military veteran served in Utah, if the
621
military veteran provides:
622
(i) evidence of an honorable or general discharge;
623
(ii) a signed written declaration that the military veteran has relinquished residency in
624
any other state and does not maintain a residence elsewhere;
625
(iii) objective evidence that the military veteran has demonstrated an intent to
626
establish residency in Utah, which may include any one of the following:
627
(A) a Utah voter registration card;
628
(B) a Utah driver license or identification card;
629
(C) a Utah vehicle registration;
630
(D) evidence of employment in Utah;
631
(E) a rental agreement showing the military veteran's name and Utah address; or
632
(F) utility bills showing the military veteran's name and Utah address;
633
(d) a military veteran's immediate family member, regardless of whether the military
634
veteran served in Utah, if the military veteran's immediate family member provides:
635
(i) evidence of the military veteran's honorable or general discharge;
636
(ii) a signed written declaration that the military veteran's immediate family member
637
has relinquished residency in any other state and does not maintain a residence
638
elsewhere; and
639
(iii) objective evidence that the military veteran's immediate family member has
- 19 - S.B. 17 Enrolled Copy
640
demonstrated an intent to establish residency in Utah, which may include one of
641
the items described in Subsection (8)(c)(iii);
642
(e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
643
is either:
644
(i) domiciled in Utah, recognizing the individual may not be physically present in the
645
state due to an assignment; or
646
(ii) assigned to a duty station in Utah if the foreign service member provides:
647
(A) evidence of the foreign service member's status;
648
(B) a statement from the foreign service member's current commander, or
649
equivalent, stating that the foreign service member is assigned in Utah; or
650
(C) evidence that the foreign service member is domiciled in Utah;
651
(f) a foreign service member's immediate family member if the foreign service member
652
is either:
653
(i) domiciled in Utah, recognizing the individual may not be physically present in the
654
state due to an assignment; or
655
(ii) assigned to a duty station in Utah if the foreign service member provides:
656
(A) evidence of the foreign service member's status;
657
(B) a statement from the foreign service member's current commander, or
658
equivalent, stating that the foreign service member is assigned in Utah; or
659
(C) evidence that the foreign service member is domiciled in Utah;
660
(g) an eligible person who provides:
661
(i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
662
(ii) a signed written declaration that the eligible person will use the Veteran Benefits
663
under Title 38 U.S.C.; and
664
(iii) objective evidence that the eligible person has demonstrated an intent to establish
665
residency in Utah, which may include one of the items described in Subsection
666
(8)(c)(iii);
667
(h) an alien who provides:
668
(i) evidence that the alien is a special immigrant visa recipient;
669
(ii) evidence that the alien has been granted refugee status, humanitarian parole,
670
temporary protected status, or asylum; or
671
(iii) evidence that the alien has submitted in good faith an application for refugee
672
status, humanitarian parole, temporary protected status, or asylum under United
673
States immigration law;[ or]
- 20 - Enrolled Copy S.B. 17
674
(i) an inmate:
675
(i) during the time the inmate is enrolled in the course; and
676
(ii) for one year after the day on which the inmate is released from a correctional
677
facility as defined in Section 64-13-1[.] ;
678
(j) a DOD civilian, if the DOD civilian provides:
679
(i) the DOD civilian's current United States Department of Defense identification
680
card; and
681
(ii)(A) a statement from the DOD civilian's current commander, or equivalent,
682
stating that the DOD civilian is assigned in Utah; or
683
(B) evidence that the DOD civilian is domiciled in Utah, as described in
684
Subsection (9)(a); or
685
(k) a DOD civilian's immediate family member, if the DOD civilian's immediate family
686
member provides:
687
(i) the DOD civilian's current United States Department of Defense identification
688
card; and
689
(ii)(A) a statement from the DOD civilian's current commander, or equivalent,
690
stating that the DOD civilian is assigned in Utah; or
691
(B) evidence that the DOD civilian is domiciled in Utah, as described in
692
Subsection (9)(a).
693
(9)(a) The evidence described in Subsection (8)(a)(ii)(B)[ or] , (8)(b)(ii)(B), (8)(j)(ii)(B),
694
or (8)(k)(ii)(B) includes:
695
(i) a current Utah voter registration card;
696
(ii) a valid Utah driver license or identification card;
697
(iii) a current Utah vehicle registration;
698
(iv) a copy of a Utah income tax return, in the name of the military service [member's
699
or] member, military service member's [spouse's name] spouse, DOD civilian, or
700
DOD civilian's spouse filed as a resident in accordance with Section 59-10-502; or
701
(v) proof that the military service member[ or] , military service member's spouse,
702
DOD civilian, or DOD civilian's spouse owns a home in Utah, including a
703
property tax notice for property owned in Utah.
704
(b) Aliens who are present in the United States on visitor, student, or other visas not
705
listed in Subsection (8)(h) or (9)(c), which authorize only temporary presence in this
706
country, do not have the capacity to intend to reside in Utah for an indefinite period
707
and therefore are classified as nonresidents.
- 21 - S.B. 17 Enrolled Copy
708
(c) Aliens who have been granted or have applied for permanent resident status in the
709
United States are classified for purposes of resident student status according to the
710
same criteria applicable to citizens.
711
(10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or
712
trust lands lie partly or wholly within Utah or whose border is at any point contiguous
713
with the border of Utah, and any American Indian who is a member of a federally
714
recognized or known Utah tribe and who has graduated from a high school in Utah, is
715
entitled to resident student status.
716
(11) A Job Corps student is entitled to resident student status if the student:
717
(a) is admitted as a full-time, part-time, or summer school student in a program of study
718
leading to a degree or certificate; and
719
(b) submits verification that the student is a current Job Corps student.
720
(12) A person is entitled to resident student status and may immediately apply for resident
721
student status if the person:
722
(a) marries a Utah resident eligible to be a resident student under this section; and
723
(b) establishes his or her domicile in Utah as demonstrated by objective evidence as
724
provided in Subsection (3).
725
(13) Notwithstanding Subsection (3)(c), a dependent student who has at least one parent
726
who has been domiciled in Utah for at least 12 months prior to the student's application
727
is entitled to resident student status.
728
(14)(a) A person who has established domicile in Utah for full-time permanent
729
employment may rebut the presumption of a nonresident classification by providing
730
substantial evidence that the reason for the individual's move to Utah was, in good
731
faith, based on an employer requested transfer to Utah, recruitment by a Utah
732
employer, or a comparable work-related move for full-time permanent employment
733
in Utah.
734
(b) All relevant evidence concerning the motivation for the move shall be considered,
735
including:
736
(i) the person's employment and educational history;
737
(ii) the dates when Utah employment was first considered, offered, and accepted;
738
(iii) when the person moved to Utah;
739
(iv) the dates when the person applied for admission, was admitted, and was enrolled
740
as a postsecondary student;
741
(v) whether the person applied for admission to an institution of higher education
- 22 - Enrolled Copy S.B. 17
742
sooner than four months from the date of moving to Utah;
743
(vi) evidence that the person is an independent person who is:
744
(A) at least 24 years old; or
745
(B) not claimed as a dependent on someone else's tax returns; and
746
(vii) any other factors related to abandonment of a former domicile and establishment
747
of a new domicile in Utah for purposes other than to attend an institution of higher
748
education.
749
(15)(a) A person who is in residence in Utah to participate in a United States Olympic
750
athlete training program, at a facility in Utah, approved by the governing body for the
751
athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
752
(b) Upon the termination of the athlete's participation in the training program, the athlete
753
shall be subject to the same residency standards applicable to other persons under this
754
section.
755
(c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
756
counts for Utah residency for tuition purposes upon termination of the athlete's
757
participation in a Utah Olympic athlete training program.
758
(16)(a) A person who has established domicile in Utah for reasons related to divorce, the
759
death of a spouse, or long-term health care responsibilities for an immediate family
760
member, including the person's spouse, parent, sibling, or child, may rebut the
761
presumption of a nonresident classification by providing substantial evidence that the
762
reason for the individual's move to Utah was, in good faith, based on the long-term
763
health care responsibilities.
764
(b) All relevant evidence concerning the motivation for the move shall be considered,
765
including:
766
(i) the person's employment and educational history;
767
(ii) the dates when the long-term health care responsibilities in Utah were first
768
considered, offered, and accepted;
769
(iii) when the person moved to Utah;
770
(iv) the dates when the person applied for admission, was admitted, and was enrolled
771
as a postsecondary student;
772
(v) whether the person applied for admission to an institution of higher education
773
sooner than four months from the date of moving to Utah;
774
(vi) evidence that the person is an independent person who is:
775
(A) at least 24 years old; or
- 23 - S.B. 17 Enrolled Copy
776
(B) not claimed as a dependent on someone else's tax returns; and
777
(vii) any other factors related to abandonment of a former domicile and establishment
778
of a new domicile in Utah for purposes other than to attend an institution of higher
779
education.
780
(17) A foreign service member or the foreign service member's immediate family member
781
deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the
782
eligibility for resident student status if the foreign service member or immediate family
783
member maintains continuous enrollment even in the case of a change in domicile or
784
duty station.
785
(18) A DOD civilian or the DOD civilian's immediate family member deemed eligible for
786
resident student status under Subsection (8)(j) or (k) shall retain the eligibility for
787
resident student status if the DOD civilian or the DOD civilian's immediate family
788
member maintains continuous enrollment even in the case of a change in domicile or
789
duty station.
790
[(18)] (19) The board, after consultation with the institutions, shall make rules not
791
inconsistent with this section:
792
(a) concerning the definition of resident and nonresident students;
793
(b) establishing procedures for classifying and reclassifying students;
794
(c) establishing criteria for determining and judging claims of residency or domicile;
795
(d) establishing appeals procedures; and
796
(e) other matters related to this section.
797
[(19)] (20) A student shall be exempt from paying the nonresident portion of total tuition if
798
the student:
799
(a) is a foreign national legally admitted to the United States;
800
(b) attended high school in this state for three or more years; and
801
(c) graduated from a high school in this state or received the equivalent of a high school
802
diploma in this state.
803
Section 11. Section 53E-3-1201 is enacted to read:
804
Part 12. Education Opportunity for Children of United States Department of Defense
805
Employees
806
53E-3-1201 . Definitions.
807
As used in this part:
- 24 - Enrolled Copy S.B. 17
808
(1) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
809
(2) "Child of a DOD civilian family" means a school-aged child, enrolled in kindergarten
810
through grade 12, in the household of a currently serving DOD civilian.
811
(3) "Deployment" means the period one month prior to the DOD civilian's departure from
812
the DOD civilian's home station on orders through six months after return to the DOD
813
civilian's home station.
814
(4)(a) "Educational record" means an official record, file, or data directly related to a
815
student and maintained by a school or an LEA.
816
(b) "Educational record" includes records encompassing all the material kept in the
817
student's cumulative folder such as general identifying data, records of attendance,
818
and of academic work completed, records of achievement and results of evaluative
819
tests, health data, disciplinary status, test protocols, and individualized education
820
programs.
821
(5)(a) "Extracurricular activity" means a voluntary activity sponsored by a school or an
822
LEA or an organization sanctioned by the LEA.
823
(b) "Extracurricular activity" includes preparation for and involvement in public
824
performances, contests, athletic competitions, demonstrations, displays, and club
825
activities.
826
(6)(a) "Military installation" means a base, camp, post, station, yard, center, homeport
827
facility for any ship, or other activity under the jurisdiction of the United States
828
Department of Defense.
829
(b) "Military installation" includes a leased facility, which is located within any of the
830
several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
831
Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other
832
territory of the United States.
833
(c) "Military installation" does not include a facility used primarily for civil works,
834
rivers and harbors projects, or flood control projects.
835
(7) "Sending state" means the state from which a child of a DOD civilian family is sent,
836
brought, or caused to be sent or brought.
837
(8) "State" means a state of the United States, the District of Columbia, the Commonwealth
838
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana
839
Islands, and any other territory of the United States.
840
(9) "Transferring student" means a child of a DOD civilian family who is seeking to be
841
enrolled in a school in Utah.
- 25 - S.B. 17 Enrolled Copy
842
Section 12. Section 53E-3-1202 is enacted to read:
843
53E-3-1202 . Transferring student enrollment, records, and immunization.
844
(1)(a) Subject to Subsection (2), when a school receives the unofficial education record
845
of a transferring student from a school in a sending state, the school shall enroll and
846
appropriately place the transferring student based on the information provided in the
847
unofficial educational record pending receipt and validation of the transferring
848
student's official educational records.
849
(b) At the time a transferring student is enrolled and conditionally placed based on the
850
student's unofficial educational records under Subsection (1)(a), the school shall
851
request the student's official educational record from the school in the sending state.
852
(2)(a) A school enrolling a transferring student under this section shall enroll the
853
transferring student at the same grade level the transferring student has been enrolled
854
at in the school in the sending state regardless of the transferring student's age.
855
(b) A transferring student that has satisfactorily completed a prerequisite grade level in a
856
school in the sending state shall be eligible for enrollment in the next highest grade
857
level regardless of the transferring student's age.
858
(3)(a) A school enrolling a transferring student under this section shall give the student
859
30 days from the day on which the student is enrolled in the school for the student to
860
obtain any immunization that is required by the school.
861
(b) If the required immunization described in Subsection (3)(a) encompasses a series of
862
immunizations, the initial immunization in the series satisfies the requirement for the
863
student to be immunized within 30 days from the day on which the student is enrolled
864
in the school as required under Subsection (3)(a).
865
Section 13. Section 53E-3-1203 is enacted to read:
866
53E-3-1203 . Course placement -- Extracurricular activities.
867
(1) As used in this section:
868
(a) "Course placement" means placing a transferring student in an educational course or
869
program provided by a school.
870
(b) "Educational course or program" means the following courses or programs:
871
(i) honors, international baccalaureate, advanced placement, vocational, technical,
872
career pathways, and English as a second language courses; and
873
(ii) gifted and talented programs.
874
(2)(a) A school that enrolls a transferring student as described in Section 53E-3-1202
875
shall, when determining course placement for the transferring student, place the
- 26 - Enrolled Copy S.B. 17
876
transferring student in educational courses or programs based on the transferring
877
student's course placement in the sending state's school or educational assessments
878
conducted at the school in the sending state.
879
(b) Subsection (2)(a) does not prohibit the school from performing additional
880
evaluations after the transferring student is enrolled to ensure appropriate placement
881
and continued enrollment of the student in the educational course or program.
882
(3) When a school makes a course placement determination under this section, the school
883
shall attempt to the best of the school's ability to ensure the continuance of the
884
transferring student's academic program from the transferring student's previous school
885
and place the transferring student in academically and career challenging courses.
886
(4)(a) In compliance with the requirements of the Individuals with Disabilities
887
Education Act, 20 U.S.C. Sec. 1400 et seq., a school that enrolls a transferring
888
student with disabilities shall provide comparable services to the transferring student
889
based on the transferring student's current IEP.
890
(b) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29
891
U.S.C. Sec. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.
892
Secs. 12131-12165, a school that enrolls a transferring student with disabilities shall
893
make reasonable accommodations and modifications to address the needs of the
894
transferring student, subject to an existing Section 504 accommodation plan, to
895
provide the transferring student with equal access to education.
896
(c) Subsection (4)(b) does not preclude the school from performing additional
897
evaluations after the transferring student is enrolled to ensure appropriate placement
898
of the transferring student.
899
(5) An LEA's administrative officials may waive requirements or other prerequisites for any
900
course placement in an educational course or program under this section.
901
(6) An LEA shall facilitate the opportunity for a transferring student to be included in
902
extracurricular activities, regardless of application deadlines, to the extent the
903
transferring student is otherwise qualified to participate in the extracurricular activities.
904
Section 14. Section 53E-3-1204 is enacted to read:
905
53E-3-1204 . Parental consent -- Tuition.
906
(1) Power of attorney lawfully executed under Title 75, Chapter 9, Uniform Power of
907
Attorney Act, is sufficient for the purposes of enrollment and other actions requiring
908
parental participation or consent.
909
(2) An LEA may not charge local tuition to a transferring student placed in the care of a
- 27 - S.B. 17 Enrolled Copy
910
non-custodial parent or other individual standing in loco parentis who lives in a
911
jurisdiction other than that of the custodial parent.
912
(3) A transferring student, placed in the care of a non-custodial parent or other individual
913
standing in loco parentis who lives in a jurisdiction other than that of the custodial
914
parent, may continue to attend the school in which the student was enrolled while
915
residing with the custodial parent.
916
Section 15. Section 53E-3-1205 is enacted to read:
917
53E-3-1205 . Graduation -- Waiver -- Exit exams -- Senior year transfers.
918
(1) To facilitate the on-time graduation from high school of a transferring student an LEA
919
shall:
920
(a)(i) waive specific courses required for graduation if similar coursework has been
921
satisfactorily completed by the transferring student in a school in a sending state;
922
or
923
(ii) if the LEA does not waive a specific course requirement under Subsection (1)(a),
924
provide an alternative means of acquiring the required coursework so that the
925
transferring student may graduate on time; and
926
(b) accept:
927
(i) exit or end-of-course exams required for graduation from the transferring student's
928
school in the sending state;
929
(ii) national norm-referenced achievement tests; or
930
(iii) subject to Subsection (2), alternative testing, in lieu of testing requirements for
931
graduation.
932
(2) If a transferring student is enrolling in a school in the LEA in the transferring student's
933
senior year of high school and the LEA cannot accommodate the alternative testing
934
described in Subsection (1)(b)(iii), the LEA shall, if the transferring student otherwise
935
meets the graduation requirements of the transferring student's school in the sending
936
state, use the LEA's best efforts to request and receive a receipt of a high school
937
graduation diploma for the transferring student from the transferring student's school in
938
the sending state.
939
(3) If an LEA denies a waiver under Subsection (1)(a) the LEA shall provide a reasonable
940
justification for the denial to the transferring student.
941
Section 16. Section 53E-6-102 is amended to read:
942
53E-6-102 . Definitions.
943
As used in this chapter:
- 28 - Enrolled Copy S.B. 17
944
(1) "Certificate" means a license issued by a governmental jurisdiction outside the state.
945
(2) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
946
[(2)] (3) "Educator" means:
947
(a) a person who holds a license;
948
(b) a teacher, counselor, administrator, librarian, or other person required, under rules of
949
the state board, to hold a license; or
950
(c) a person who is the subject of an allegation which has been received by an LEA, the
951
state board, or UPPAC and was, at the time noted in the allegation, a license holder
952
or a person employed in a position requiring licensure.
953
[(3)] (4) "License" means an authorization issued by the state board that permits the holder
954
to serve in a professional capacity in the public schools.
955
[(4)] (5) "National Board certification" means a current certificate issued by the National
956
Board for Professional Teaching Standards.
957
[(5)] (6) "School" means a public or private entity that provides educational services to a
958
minor child.
959
[(6)] (7) "UPPAC" means the Utah Professional Practices Advisory Commission.
960
Section 17. Section 53E-6-204 is amended to read:
961
53E-6-204 . Exemptions from licensure.
962
(1) Except as otherwise provided by statute or rule, a spouse of an individual serving in
963
the armed forces of the United States or the spouse of a DOD civilian while the
964
individual or DOD civilian is stationed within this state may work as an educator
965
without being licensed under this title if:
966
[(1)] (a) the spouse holds a valid educator license issued by any other state or jurisdiction
967
recognized by the state board; and
968
[(2)] (b) the license is current and the spouse is in good standing in the state or
969
jurisdiction of licensure.
970
(2) For an active military member, eligible military spouse, DOD civilian, or spouse of a
971
DOD civilian who holds a license that is not unencumbered, as that term is defined in
972
Section 53E-6-1101, the receiving state shall grant an equivalent license or licenses that,
973
in the receiving state's sole discretion, is equivalent to the license or licenses held by the
974
teacher in the sending state, except where the receiving state does not have an equivalent
975
license.
976
Section 18. Section 53G-1-103 is amended to read:
977
53G-1-103 . Definitions.
- 29 - S.B. 17 Enrolled Copy
978
As used in this title[,] :
979
(1) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
980
(2) [ "electronic] "Electronic cigarette product" means the same as that term is defined in
981
Section 76-10-101.
982
(3) "Military service member" means the same as that term is defined in Section 53B-8-102.
983
Section 19. Section 53G-6-306 is amended to read:
984
53G-6-306 . Permitting attendance by nonresident of the state -- Tuition.
985
(1) As used in this section:
986
(a) "Armed forces" means the same as that term is defined in Section 68-3-12.5.
987
(b) "Eligible student" means a student who is a dependent child of a member of the
988
uniformed services or a DOD civilian who is:
989
(i)(A) relocating to the state and does not reside in the state during an LEA's
990
enrollment period; or
991
(B) relocating out of the state during the school year; and
992
(ii)(A) on permanent change of station orders; or
993
(B) relocating for a civilian assignment or position.
994
(c) "Nonresident child" means a child residing outside the state.
995
(d) "Provisional enrollment" means enrollment in a public school by an eligible student:
996
(i) before the eligible student relocates to the state; or
997
(ii) after the eligible student's parent relocates out of the state, but before the eligible
998
student relocates out of the state.
999
(e) "Uniformed services" means:
1000
(i) the same as that term is defined in Section 68-3-12.5;
1001
(ii) the reserve components of the armed forces; and
1002
(iii) the national guard of a state.
1003
(2)(a) An LEA may permit a nonresident child to attend school within the district, giving
1004
priority to a child of a [military service ]member[, as that term is defined in Section
1005
53B-8-102] of the uniformed services or a DOD civilian.
1006
(b) With the exception of a child enrolled under Section 53G-6-707, a nonresident child
1007
is not included for the purpose of apportionment of state funds.
1008
(3)(a) An LEA shall charge a nonresident child who enrolls in a school within the LEA
1009
tuition in an amount at least equal to the per capita cost of the school program in
1010
which the nonresident child enrolls unless the LEA, in open meeting, determines to
1011
waive the charge for that nonresident child in whole or in part.
- 30 - Enrolled Copy S.B. 17
1012
(b) The official minutes of the meeting described in Subsection (3)(a) shall reflect the
1013
LEA's determination to waive the charge described in Subsection (3)(a).
1014
(4)(a) Notwithstanding anything to the contrary in Subsection (3), an LEA shall allow an
1015
eligible student to:
1016
(i) provisionally enroll in a public school in the LEA at the same time and in the same
1017
manner as individuals who reside in the state; or
1018
(ii) provisionally enroll in virtual education options that the LEA provides in the
1019
same manner as an individual residing in the state.
1020
(b) An LEA may not require proof of residency from an eligible student at the time the
1021
eligible student applies to enroll in a public school in the LEA.
1022
(c) An LEA shall require proof of residence within 10 days after the eligible student's
1023
first day of residence in the state.
1024
Section 20. Section 53G-6-402 is amended to read:
1025
53G-6-402 . Open enrollment options -- Procedures -- Processing fee --
1026
Continuing enrollment.
1027
(1) Each local school board is responsible for providing educational services consistent
1028
with Utah state law and rules of the state board for each student who resides in the
1029
district and, as provided in this section through Section 53G-6-407 and to the extent
1030
reasonably feasible, for any student who resides in another district in the state and
1031
desires to attend a school in the district, giving priority to a child of a military service
1032
member[, as that term is defined in 53B-8-102] or a child of a DOD civilian.
1033
(2)(a) A school is open for enrollment of nonresident students if the enrollment level is
1034
at or below the open enrollment threshold.
1035
(b) If a school's enrollment falls below the open enrollment threshold, the local school
1036
board shall allow a nonresident student to enroll in the school.
1037
(3) A local school board may allow enrollment of nonresident students in a school that is
1038
operating above the open enrollment threshold.
1039
(4)(a) A local school board shall adopt policies describing procedures for nonresident
1040
students to follow in applying for entry into the district's schools.
1041
(b) Those procedures shall provide, as a minimum, for:
1042
(i) distribution to interested parties of information about the school or school district
1043
and how to apply for admission;
1044
(ii) use of standard application forms prescribed by the state board;
1045
(iii)(A) submission of applications from November 15 through the first Friday in
- 31 - S.B. 17 Enrolled Copy
1046
February by those seeking admission during the early enrollment period for the
1047
following year; or
1048
(B) submission of applications from August 1 through November 1 by those
1049
seeking admission during the early enrollment period for the following year in
1050
a school district described in Subsection 53G-6-401(1)(b);
1051
(iv) submission of applications by those seeking admission during the late enrollment
1052
period;
1053
(v) notwithstanding any other provision of this part or Part 3, School District
1054
Residency, submission of applications for at least 30 days after the day on which a
1055
school boundary change takes effect for those affected by the school boundary
1056
change;
1057
(vi) written notification to the student's parent of acceptance or rejection of an
1058
application:
1059
(A) within six weeks after receipt of the application by the district or by March 31,
1060
whichever is later, for applications submitted during the early enrollment
1061
period;
1062
(B) within two weeks after receipt of the application by the district or by the
1063
Friday before the new school year begins, whichever is later, for applications
1064
submitted during the late enrollment period for admission in the next school
1065
year;
1066
(C) within two weeks after receipt of the application by the district, for
1067
applications submitted during the late enrollment period for admission in the
1068
current year; and
1069
(D) within two weeks after receipt of the application by the district, for
1070
applications submitted by students affected by a school district boundary
1071
change;
1072
(vii) written notification to the resident school for intradistrict transfers or the
1073
resident district for interdistrict transfers upon acceptance of a nonresident student
1074
for enrollment; and
1075
(viii) written notification to the parents of each student that resides within the school
1076
district and other interested parties of the revised early enrollment period
1077
described in Subsection 53G-6-401(1)(b) if:
1078
(A) the school district is doing a district wide grade reconfiguration of its
1079
elementary, middle, junior, and senior high schools; and
- 32 - Enrolled Copy S.B. 17
1080
(B) the grade reconfiguration described in Subsection (4)(b)(viii)(A) will be
1081
implemented in the next school year.
1082
(c)(i) Notwithstanding the dates established in Subsection (4)(b) for submitting
1083
applications and notifying parents of acceptance or rejection of an application, a
1084
local school board may delay the dates if a local school board is not able to make
1085
a reasonably accurate projection of the early enrollment school capacity or late
1086
enrollment school capacity of a school due to:
1087
(A) school construction or remodeling;
1088
(B) drawing or revision of school boundaries; or
1089
(C) other circumstances beyond the control of the local school board.
1090
(ii) The delay may extend no later than four weeks beyond the date the local school
1091
board is able to make a reasonably accurate projection of the early enrollment
1092
school capacity or late enrollment school capacity of a school.
1093
(5) A school district may charge a one-time $5 processing fee, to be paid at the time of
1094
application.
1095
(6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
1096
subject to the same rules and standards as resident students, without renewed
1097
applications in subsequent years unless one of the following occurs:
1098
(a) the student graduates;
1099
(b) the student is no longer a Utah resident;
1100
(c) the student is suspended or expelled from school;
1101
(d) except for a student described in Subsection (6)(e), the district determines that
1102
enrollment within the school will exceed the school's open enrollment threshold; or
1103
(e) for a child of a military service member[, as that term is defined in Section 53B-8-102,]
1104
or a child of a DOD civilian who moves from temporary to permanent housing
1105
outside of the relevant school district boundaries following a permanent change of
1106
station:
1107
(i) in kindergarten through grade 10, the student completes the current school year; or
1108
(ii) in grades 11 and 12, the student graduates.
1109
(7)(a) Determination of which nonresident students will be excluded from continued
1110
enrollment in a school during a subsequent year under Subsection (6)(d) is based
1111
upon time in the school, with those most recently enrolled being excluded first and
1112
the use of a lottery system when multiple nonresident students have the same number
1113
of school days in the school.
- 33 - S.B. 17 Enrolled Copy
1114
(b) Nonresident students who will not be permitted to continue their enrollment shall be
1115
notified no later than March 15 of the current school year.
1116
(8) The parent of a student enrolled in a school that is not the student's school of residence
1117
may withdraw the student from that school for enrollment in another public school by
1118
submitting notice of intent to enroll the student in:
1119
(a) the district of residence; or
1120
(b) another nonresident district.
1121
(9) Unless provisions have previously been made for enrollment in another school, a
1122
nonresident district releasing a student from enrollment shall immediately notify the
1123
district of residence, which shall enroll the student in the resident district and take such
1124
additional steps as may be necessary to ensure compliance with laws governing school
1125
attendance.
1126
(10)(a) Except as provided in Subsection (10)(c), a student who transfers between
1127
schools, whether effective on the first day of the school year or after the school year
1128
has begun, by exercising an open enrollment option under this section may not
1129
transfer to a different school during the same school year by exercising an open
1130
enrollment option under this section.
1131
(b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
1132
student transfer made for health or safety reasons.
1133
(c) A local school board may adopt a policy allowing a student to exercise an open
1134
enrollment option more than once in a school year.
1135
(11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school that
1136
is not the student's school of residence, because school bus service is not provided
1137
between the student's neighborhood and school of residence for safety reasons:
1138
(a) shall be allowed to continue to attend the school until the student finishes the highest
1139
grade level offered; and
1140
(b) shall be allowed to attend the middle school, junior high school, or high school into
1141
which the school's students feed until the student graduates from high school.
1142
(12) Notwithstanding any other provision of this part or Part 3, School District Residency, a
1143
student shall be allowed to enroll in any charter school or other public school in any
1144
district, including a district where the student does not reside, if the enrollment is
1145
necessary, as determined by the Division of Child and Family Services, to comply with
1146
the provisions of 42 U.S.C. [Section] Sec. 675.
1147
Section 21. Section 53G-6-502 is amended to read:
- 34 - Enrolled Copy S.B. 17
1148
53G-6-502 . Eligible students.
1149
(1) As used in this section:
1150
(a) "At capacity" means operating above the school's open enrollment threshold.
1151
(b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
1152
Organization declared a pandemic on March 11, 2020.
1153
(c) "Open enrollment threshold" means the same as that term is defined in Section
1154
53G-6-401.
1155
(d) "Refugee" means a person who is eligible to receive benefits and services from the
1156
federal Office of Refugee Resettlement.
1157
(e) "School of residence" means the same as that term is defined in Section 53G-6-401.
1158
(2) All resident students of the state qualify for admission to a charter school, subject to the
1159
limitations set forth in this section and Section 53G-6-503.
1160
(3)(a) A charter school shall enroll:
1161
(i) a foster child residing in the same residence as an individual who is enrolled in the
1162
charter school; and
1163
(ii) an eligible student other than a child described in Subsection (3)(a)(i) who
1164
submits a timely application, unless the number of applications exceeds the
1165
capacity of a program, class, grade level, or the charter school.
1166
(b) If the number of applications described in Subsection (3)(a)(ii) exceeds the capacity
1167
of a program, class, grade level, or the charter school, the charter school shall select
1168
students on a random basis, except as provided in Subsections (4) through (8).
1169
(4) A charter school may give an enrollment preference to:
1170
(a) a child or grandchild of an individual who has actively participated in the
1171
development of the charter school;
1172
(b) a child or grandchild of a member of the charter school governing board;
1173
(c) a sibling of an individual who was previously or is presently enrolled in the charter
1174
school;
1175
(d) a child of an employee of the charter school;
1176
(e) a student articulating between charter schools offering similar programs that are
1177
governed by the same charter school governing board;
1178
(f) a student articulating from one charter school to another pursuant to an articulation
1179
agreement between the charter schools that is approved by the State Charter School
1180
Board;
1181
(g) an individual seeking enrollment in a charter school if:
- 35 - S.B. 17 Enrolled Copy
1182
(i) the individual's sibling is a student enrolled in a charter school; and
1183
(ii) the charter school where the individual is seeking enrollment has an articulation
1184
agreement with the charter school where the sibling is enrolled that the State
1185
Charter School Board approves;
1186
(h) a student who resides within up to a two-mile radius of the charter school and whose
1187
school of residence is at capacity;
1188
(i) a child of a military service member[ as defined in Section 53B-8-102];
1189
(j) a child of a DOD civilian; or
1190
[(j)] (k) for the 2022-2023 school year, a student who withdraws from the charter school
1191
to attend an online school or home school for the 2020-2021 or 2021-2022 school
1192
years due to the COVID-19 emergency.
1193
(5)(a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(h), a
1194
charter school that is approved by the state board after May 13, 2014, and is located
1195
in a high growth area as defined in Section 53G-6-504 shall give an enrollment
1196
preference to a student who resides within a two-mile radius of the charter school.
1197
(b) The requirement to give an enrollment preference under Subsection (5)(a) does not
1198
apply to a charter school that was approved without a high priority status pursuant to
1199
Subsection 53G-6-504(7)(b).
1200
(6) If a district school converts to charter status, the charter school shall give an enrollment
1201
preference to students who would have otherwise attended it as a district school.
1202
(7)(a) A charter school whose mission is to enhance learning opportunities for refugees
1203
or children of refugee families may give an enrollment preference to refugees or
1204
children of refugee families.
1205
(b) A charter school whose mission is to enhance learning opportunities for English
1206
language learners may give an enrollment preference to English language learners.
1207
(8) A charter school may weight the charter school's lottery to give a slightly better chance
1208
of admission to educationally disadvantaged students, including:
1209
(a) low-income students;
1210
(b) students with disabilities;
1211
(c) English language learners;
1212
(d) migrant students;
1213
(e) neglected or delinquent students; and
1214
(f) homeless students.
1215
(9) A charter school may not discriminate in the charter school's admission policies or
- 36 - Enrolled Copy S.B. 17
1216
practices on the same basis as other public schools may not discriminate in admission
1217
policies and practices.
1218
Section 22. Section 58-1-102 is amended to read:
1219
58-1-102 . Definitions.
1220
As used in this title:
1221
(1) "Ablative procedure" means the same as that term is defined in Section 58-67-102.
1222
(2) "Cosmetic medical procedure":
1223
(a) means the same as that term is defined in Section 58-67-102; and
1224
(b) except for Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic
1225
Medical Practice Act, does not apply to the scope of practice of an individual
1226
licensed under this title if the individual's scope of practice includes the authority to
1227
operate or perform surgical procedures.
1228
(3) "Cryolipolysis" means a nonablative fat reduction procedure that uses cold temperature
1229
to reduce fat deposits in certain areas of the body.
1230
(4) "Department" means the Department of Commerce.
1231
(5) "Director" means the director of the Division of Professional Licensing.
1232
(6) "Division" means the Division of Professional Licensing created in Section 58-1-103.
1233
(7) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
1234
[(7)] (8) "Executive director" means the executive director of the Department of Commerce.
1235
[(8)] (9) "Licensee" includes any holder of a license, certificate, registration, permit, student
1236
card, or apprentice card authorized under this title.
1237
[(9)] (10)(a)(i) "Nonablative procedure" means a procedure that is expected or
1238
intended to alter living tissue, but not intended or expected to excise, vaporize,
1239
disintegrate, or remove living tissue.
1240
(ii) Notwithstanding Subsection [(8)(a)(i)] (10)(a)(i), nonablative procedure includes
1241
hair removal and cryolipolysis.
1242
(b) "Nonablative procedure" does not include:
1243
(i) a superficial procedure;
1244
(ii) the application of permanent make-up; or
1245
(iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are
1246
performed by an individual licensed under this title who is acting within their
1247
scope of practice.
1248
[(10)] (11) "Pain clinic" means:
1249
(a) a clinic that advertises its primary purpose is the treatment of chronic pain; or
- 37 - S.B. 17 Enrolled Copy
1250
(b) a clinic in which greater than 50% of the clinic's annual patient population receive
1251
treatment primarily for non-terminal chronic pain using Schedule II-III controlled
1252
substances.
1253
[(11)] (12) "Superficial procedure" means a procedure that is expected or intended to
1254
temporarily alter living skin tissue and may excise or remove stratum corneum but have
1255
no appreciable risk of damage to any tissue below the stratum corneum.
1256
[(12)] (13) "Telemedicine service" means the same as that term is defined in Section
1257
26B-4-704.
1258
[(13)] (14) "Unlawful conduct" means the same as that term is defined in Subsection
1259
58-1-501(1).
1260
[(14)] (15) "Unprofessional conduct" means the same as that term is defined in Subsection
1261
58-1-501(2).
1262
Section 23. Section 58-1-307 is amended to read:
1263
58-1-307 . Exemptions from licensure.
1264
(1) Except as otherwise provided by statute or rule, the following individuals may engage in
1265
the practice of their occupation or profession, subject to the stated circumstances and
1266
limitations, without being licensed under this title:
1267
(a) an individual serving in the armed forces of the United States, the United States
1268
Public Health Service, the United States Department of Veterans Affairs, or other
1269
federal agencies while engaged in activities regulated under this chapter as a part of
1270
employment with that federal agency if the individual holds a valid license to practice
1271
a regulated occupation or profession issued by any other state or jurisdiction
1272
recognized by the division;
1273
(b) a student engaged in activities constituting the practice of a regulated occupation or
1274
profession while in training in a recognized school approved by the division to the
1275
extent the activities are supervised by qualified faculty, staff, or designee and the
1276
activities are a defined part of the training program;
1277
(c) an individual engaged in an internship, residency, preceptorship, postceptorship,
1278
fellowship, apprenticeship, or on-the-job training program approved by the division
1279
while under the supervision of qualified individuals;
1280
(d) an individual residing in another state and licensed to practice a regulated occupation
1281
or profession in that state, who is called in for a consultation by an individual
1282
licensed in this state, and the services provided are limited to that consultation;
1283
(e) an individual who is invited by a recognized school, association, society, or other
- 38 - Enrolled Copy S.B. 17
1284
body approved by the division to conduct a lecture, clinic, or demonstration of the
1285
practice of a regulated occupation or profession if the individual does not establish a
1286
place of business or regularly engage in the practice of the regulated occupation or
1287
profession in this state;
1288
(f) an individual licensed under the laws of this state, other than under this title, to
1289
practice or engage in an occupation or profession, while engaged in the lawful,
1290
professional, and competent practice of that occupation or profession;
1291
(g) an individual licensed in a health care profession in another state who performs that
1292
profession while attending to the immediate needs of a patient for a reasonable period
1293
during which the patient is being transported from outside of this state, into this state,
1294
or through this state;
1295
(h) an individual licensed in another state or country who is in this state temporarily to
1296
attend to the needs of an athletic team or group, except that the practitioner may only
1297
attend to the needs of the athletic team or group, including all individuals who travel
1298
with the team or group in any capacity except as a spectator;
1299
(i) an individual licensed and in good standing in another state, who is in this state:
1300
(i) temporarily, under the invitation and control of a sponsoring entity;
1301
(ii) for a reason associated with a special purpose event, based upon needs that may
1302
exceed the ability of this state to address through its licensees, as determined by
1303
the division; and
1304
(iii) for a limited period of time not to exceed the duration of that event, together with
1305
any necessary preparatory and conclusionary periods; and
1306
(j) the spouse of an individual serving in the armed forces of the United States or the
1307
spouse of a DOD civilian while the individual or DOD civilian is stationed within
1308
this state, provided:
1309
(i) the spouse holds a valid license to practice a regulated occupation or profession
1310
issued by any other state or jurisdiction recognized by the division; and
1311
(ii) the license is current and the spouse is in good standing in the state of licensure.
1312
(2)(a) A practitioner temporarily in this state who is exempted from licensure under
1313
Subsection (1) shall comply with each requirement of the licensing jurisdiction from
1314
which the practitioner derives authority to practice.
1315
(b) Violation of a limitation imposed by this section constitutes grounds for removal of
1316
exempt status, denial of license, or other disciplinary proceedings.
1317
(3) An individual who is licensed under a specific chapter of this title to practice or engage
- 39 - S.B. 17 Enrolled Copy
1318
in an occupation or profession may engage in the lawful, professional, and competent
1319
practice of that occupation or profession without additional licensure under other
1320
chapters of this title, except as otherwise provided by this title.
1321
(4) Upon the declaration of a national, state, or local emergency, a public health emergency
1322
as defined in Section 26B-7-301, or a declaration by the president of the United States or
1323
other federal official requesting public health-related activities, the division in
1324
collaboration with the relevant board may:
1325
(a) suspend the requirements for permanent or temporary licensure of individuals who
1326
are licensed in another state for the duration of the emergency while engaged in the
1327
scope of practice for which they are licensed in the other state;
1328
(b) modify, under the circumstances described in this Subsection (4) and Subsection (5),
1329
the scope of practice restrictions under this title for individuals who are licensed
1330
under this title as:
1331
(i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
1332
Osteopathic Medical Practice Act;
1333
(ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
1334
Compact - Revised;
1335
(iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
1336
(iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
1337
Pharmacy Practice Act;
1338
(v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
1339
(vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
1340
Practice Act; and
1341
(vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
1342
(c) suspend the requirements for licensure under this title and modify the scope of
1343
practice in the circumstances described in this Subsection (4) and Subsection (5) for
1344
medical services personnel or paramedics required to be licensed under Section
1345
53-2d-402;
1346
(d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
1347
certain prescriptive procedures;
1348
(e) exempt or modify the requirement for licensure of an individual who is activated as a
1349
member of a medical reserve corps during a time of emergency as provided in
1350
Section 26A-1-126;
1351
(f) exempt or modify the requirement for licensure of an individual who is registered as
- 40 - Enrolled Copy S.B. 17
1352
a volunteer health practitioner as provided in Title 26B, Chapter 4, Part 8, Uniform
1353
Emergency Volunteer Health Practitioners Act; and
1354
(g) in accordance with rules made by the division in accordance with Title 63G, Chapter
1355
3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
1356
licensure of an individual engaged in one or more of the construction trades described
1357
in Chapter 55, Utah Construction Trades Licensing Act.
1358
(5) Individuals exempt under Subsection (4)(c) and individuals operating under modified
1359
scope of practice provisions under Subsection (4)(b):
1360
(a) are exempt from licensure or subject to modified scope of practice for the duration of
1361
the emergency;
1362
(b) must be engaged in the distribution of medicines or medical devices in response to
1363
the emergency or declaration; and
1364
(c) must be employed by or volunteering for:
1365
(i) a local or state department of health; or
1366
(ii) a host entity as defined in Section 26B-4-801.
1367
(6) In accordance with the protocols established under Subsection (8), upon the declaration
1368
of a national, state, or local emergency, the Department of Health and Human Services
1369
or a local health department shall coordinate with public safety authorities as defined in
1370
Subsection 26B-7-323(1) and may:
1371
(a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
1372
controlled substance to prevent or treat a disease or condition that gave rise to, or was
1373
a consequence of, the emergency; or
1374
(b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not a
1375
controlled substance:
1376
(i) if necessary, to replenish a commercial pharmacy in the event that the commercial
1377
pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription
1378
medication is exhausted; or
1379
(ii) for dispensing or direct administration to treat the disease or condition that gave
1380
rise to, or was a consequence of, the emergency by:
1381
(A) a pharmacy;
1382
(B) a prescribing practitioner;
1383
(C) a licensed health care facility;
1384
(D) a federally qualified community health clinic; or
1385
(E) a governmental entity for use by a community more than 50 miles from a
- 41 - S.B. 17 Enrolled Copy
1386
person described in Subsections (6)(b)(ii)(A) through (D).
1387
(7) In accordance with protocols established under Subsection (8), upon the declaration of a
1388
national, state, or local emergency, the Department of Health and Human Services shall
1389
coordinate the distribution of medications:
1390
(a) received from the strategic national stockpile to local health departments; and
1391
(b) from local health departments to emergency personnel within the local health
1392
departments' geographic region.
1393
(8) The Department of Health and Human Services shall establish by rule, made in
1394
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols
1395
for administering, dispensing, and distributing a vaccine, an antiviral, an antibiotic, or
1396
other prescription medication that is not a controlled substance in the event of a
1397
declaration of a national, state, or local emergency. The protocol shall establish
1398
procedures for the Department of Health and Human Services or a local health
1399
department to:
1400
(a) coordinate the distribution of:
1401
(i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
1402
controlled substance received by the Department of Health and Human Services
1403
from the strategic national stockpile to local health departments; and
1404
(ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
1405
medication received by a local health department to emergency personnel within
1406
the local health department's geographic region;
1407
(b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral, an
1408
antibiotic, or other prescription medication that is not a controlled substance to the
1409
contact of a patient without a patient-practitioner relationship, if the contact's
1410
condition is the same as that of the physician's or physician assistant's patient; and
1411
(c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral, an
1412
antibiotic, or other non-controlled prescription medication to an individual who:
1413
(i) is working in a triage situation;
1414
(ii) is receiving preventative or medical treatment in a triage situation;
1415
(iii) does not have coverage for the prescription in the individual's health insurance
1416
plan;
1417
(iv) is involved in the delivery of medical or other emergency services in response to
1418
the declared national, state, or local emergency; or
1419
(v) otherwise has a direct impact on public health.
- 42 - Enrolled Copy S.B. 17
1420
(9) The Department of Health and Human Services shall give notice to the division upon
1421
implementation of the protocol established under Subsection (8).
1422
Section 24. Section 61-1-32 is amended to read:
1423
61-1-32 . Exemptions from licensure.
1424
(1) As used in this section, "DOD civilian" means the same as that term is defined in
1425
Section 53B-8-102.
1426
(2) Except as otherwise provided by statute or rule, the following individuals may
1427
engage in the practice of an occupation or profession regulated by this chapter, subject
1428
to the stated circumstances and limitations, without being licensed under this chapter:
1429
[(1)] (a) an individual licensed under the laws of this state, other than under this chapter,
1430
to practice or engage in an occupation or profession, while engaged in the lawful,
1431
professional, and competent practice of that occupation or profession;
1432
[(2)] (b) an individual serving in the armed forces of the United States, the United States
1433
Public Health Service, the United States Department of Veterans Affairs, or any other
1434
federal agency while engaged in activities regulated under this title as a part of
1435
employment with that federal agency if the individual holds a valid license to practice
1436
the regulated occupation or profession issued by any other state or jurisdiction
1437
recognized by the department; and
1438
[(3)] (c) the spouse of an individual serving in the armed forces of the United States or
1439
the spouse of a DOD civilian while the individual or DOD civilian is stationed within
1440
this state, if:
1441
[(a)] (i) the spouse holds a valid license to practice the regulated occupation or
1442
profession issued by any other state or jurisdiction recognized by the department;
1443
and
1444
[(b)] (ii) the license is current and the spouse is in good standing in the state or
1445
jurisdiction of licensure.
1446
Section 25. Section 61-2f-102 is amended to read:
1447
61-2f-102 . Definitions.
1448
As used in this chapter:
1449
(1) "Associate broker" means an individual who is:
1450
(a) employed or engaged as an independent contractor by or on behalf of a principal
1451
broker to perform an act described in Subsection [(20)] (21) for valuable
1452
consideration; and
1453
(b) licensed under this chapter as an associate broker.
- 43 - S.B. 17 Enrolled Copy
1454
(2) "Branch broker" means an associate broker who manages a principal broker's branch
1455
office under the supervision of the principal broker.
1456
(3) "Branch office" means a principal broker's real estate brokerage office that is not the
1457
principal broker's main office.
1458
(4) "Business day" means a day other than:
1459
(a) a Saturday;
1460
(b) a Sunday; or
1461
(c) a federal or state holiday.
1462
(5) "Business opportunity" means the sale, lease, or exchange of any business that includes
1463
an interest in real estate.
1464
(6) "Commission" means the Real Estate Commission established under this chapter.
1465
(7) "Concurrence" means the entities given a concurring role must jointly agree for action
1466
to be taken.
1467
(8) "Condominium homeowners' association" means the condominium unit owners acting
1468
as a group in accordance with declarations and bylaws.
1469
(9)(a) "Condominium hotel" means one or more condominium units that are operated as
1470
a hotel.
1471
(b) "Condominium hotel" does not mean a hotel consisting of condominium units, all of
1472
which are owned by a single entity.
1473
(10) "Condominium unit" means the same as that term is defined in Section 57-8-3.
1474
(11) "Director" means the director of the Division of Real Estate.
1475
(12) "Division" means the Division of Real Estate.
1476
(13) "DOD civilian" means the same as that term is defined in Section 53B-8-102.
1477
[(13)] (14) "Dual broker" means a principal broker of a real estate sales brokerage who
1478
obtains from the division a dual broker license in order to function as the principal
1479
broker of a property management company that is a separate entity from the real estate
1480
sales brokerage.
1481
[(14)] (15) "Entity" means:
1482
(a) a corporation;
1483
(b) a partnership;
1484
(c) a limited liability company;
1485
(d) a company;
1486
(e) an association;
1487
(f) a joint venture;
- 44 - Enrolled Copy S.B. 17
1488
(g) a business trust;
1489
(h) a trust; or
1490
(i) any organization similar to an entity described in Subsections (14)(a) through (h).
1491
[(15)] (16) "Executive director" means the director of the Department of Commerce.
1492
[(16)] (17) "Foreclosure rescue" means, for compensation or with the expectation of
1493
receiving valuable consideration, to:
1494
(a) engage, or offer to engage, in an act that:
1495
(i) the person represents will assist a borrower in preventing a foreclosure; and
1496
(ii) relates to a transaction involving the transfer of title to residential real property; or
1497
(b) as an employee or agent of another person:
1498
(i) solicit, or offer that the other person will engage in an act described in Subsection
1499
(16)(a); or
1500
(ii) negotiate terms in relationship to an act described in Subsection (16)(a).
1501
[(17)] (18) "Loan modification assistance" means, for compensation or with the expectation
1502
of receiving valuable consideration, to:
1503
(a) act, or offer to act, on behalf of a person to:
1504
(i) obtain a loan term of a residential mortgage loan that is different from an existing
1505
loan term including:
1506
(A) an increase or decrease in an interest rate;
1507
(B) a change to the type of interest rate;
1508
(C) an increase or decrease in the principal amount of the residential mortgage
1509
loan;
1510
(D) a change in the number of required period payments;
1511
(E) an addition of collateral;
1512
(F) a change to, or addition of, a prepayment penalty;
1513
(G) an addition of a cosigner; or
1514
(H) a change in persons obligated under the existing residential mortgage loan; or
1515
(ii) substitute a new residential mortgage loan for an existing residential mortgage
1516
loan; or
1517
(b) as an employee or agent of another person:
1518
(i) solicit, or offer that the other person will engage in an act described in Subsection [
1519
(17)(a)] (18)(a); or
1520
(ii) negotiate terms in relationship to an act described in Subsection [(17)(a)] (18)(a).
1521
[(18)] (19) "Main office" means the address which a principal broker designates with the
- 45 - S.B. 17 Enrolled Copy
1522
division as the principal broker's primary brokerage office.
1523
[(19)] (20) "Person" means an individual or entity.
1524
[(20)] (21) "Principal broker" means an individual who is licensed or required to be licensed
1525
as a principal broker under this chapter who:
1526
(a) sells or lists for sale real estate, including real estate being sold as part of a
1527
foreclosure rescue, or a business opportunity with the expectation of receiving
1528
valuable consideration;
1529
(b) buys, exchanges, or auctions real estate, an option on real estate, a business
1530
opportunity, or an improvement on real estate with the expectation of receiving
1531
valuable consideration;
1532
(c) advertises, offers, attempts, or otherwise holds the individual out to be engaged in the
1533
business described in Subsection [(20)(a)] (21)(a) or (b);
1534
(d) is employed by or on behalf of the owner of real estate or by a prospective purchaser
1535
of real estate and performs an act described in Subsection [(20)(a)] (21)(a), whether
1536
the individual's compensation is at a stated salary, a commission basis, upon a salary
1537
and commission basis, or otherwise;
1538
(e) with the expectation of receiving valuable consideration, manages property owned by
1539
another person;
1540
(f) advertises or otherwise holds the individual out to be engaged in property
1541
management;
1542
(g) with the expectation of receiving valuable consideration, assists or directs in the
1543
procurement of prospects for or the negotiation of a transaction listed in Subsections [
1544
(20)(a)] (21)(a) and (e);
1545
(h) except for a mortgage lender, title insurance producer, or an employee of a mortgage
1546
lender or title insurance producer, assists or directs in the closing of a real estate
1547
transaction with the expectation of receiving valuable consideration;
1548
(i) engages in foreclosure rescue; or
1549
(j) advertises, offers, attempts, or otherwise holds the person out as being engaged in
1550
foreclosure rescue.
1551
[(21)] (22)(a) "Property management" means engaging in, with the expectation of
1552
receiving valuable consideration, the management of real estate owned by another
1553
person or advertising or otherwise claiming to be engaged in property management
1554
by:
1555
(i) advertising for, arranging, negotiating, offering, or otherwise attempting or
- 46 - Enrolled Copy S.B. 17
1556
participating in a transaction calculated to secure the rental or leasing of real estate;
1557
(ii) collecting, agreeing, offering, or otherwise attempting to collect rent for the real
1558
estate and accounting for and disbursing the money collected; or
1559
(iii) authorizing expenditures for repairs to the real estate.
1560
(b) "Property management" does not include:
1561
(i) hotel or motel management;
1562
(ii) rental of tourist accommodations, including hotels, motels, tourist homes,
1563
condominiums, condominium hotels, mobile home park accommodations,
1564
campgrounds, or similar public accommodations for a period of less than 30
1565
consecutive days, and the management activities associated with these rentals; or
1566
(iii) the leasing or management of surface or subsurface minerals or oil and gas
1567
interests, if the leasing or management is separate from a sale or lease of the
1568
surface estate.
1569
[(22)] (23) "Property management sales agent" means a sales agent who:
1570
(a) is affiliated with a dual broker through the dual broker's property management
1571
company; and
1572
(b) is designated by the dual broker as a property management sales agent.
1573
[(23)] (24) "Real estate" includes leaseholds and business opportunities involving real
1574
property.
1575
[(24)] (25)(a) "Regular salaried employee" means an individual who performs a service
1576
for wages or other remuneration, whose employer withholds federal employment
1577
taxes under a contract of hire, written or oral, express or implied.
1578
(b) "Regular salaried employee" does not include an individual who performs services
1579
on a project-by-project basis or on a commission basis.
1580
[(25)] (26) "Reinstatement" means restoring a license that has expired or has been
1581
suspended.
1582
[(26)] (27) "Reissuance" means the process by which a licensee may obtain a license
1583
following revocation of the license.
1584
[(27)] (28) "Renewal" means extending a license for an additional licensing period on or
1585
before the date the license expires.
1586
[(28)] (29) "Sales agent" means an individual who is:
1587
(a) affiliated with a principal broker, either as an independent contractor or an employee
1588
as provided in Section 61-2f-303, to perform for valuable consideration an act
1589
described in Subsection [(20)] (21); and
- 47 - S.B. 17 Enrolled Copy
1590
(b) licensed under this chapter as a sales agent.
1591
[(29)] (30) "Vulnerable adult" means the same as that term is defined in Section 26B-6-201.
1592
Section 26. Section 61-2f-202 is amended to read:
1593
61-2f-202 . Exempt persons and transactions.
1594
(1)(a) Except as provided in Subsection (1)(b), a license under this chapter is not
1595
required for:
1596
(i) a person who as owner or lessor performs an act described in Subsection [
1597
61-2f-102(20)] 61-2f-102(21) with reference to real estate owned or leased by that
1598
person;
1599
(ii) a regular salaried employee of the owner or lessor of real estate who, with
1600
reference to nonresidential real estate owned or leased by the employer, performs
1601
an act described in Subsection [61-2f-102(20)(b)] 61-2f-102(21)(b) or (c);
1602
(iii) a regular salaried employee of the owner of real estate who performs property
1603
management services with reference to real estate owned by the employer, except
1604
that the employee may only manage real estate for one employer;
1605
(iv) an individual who performs property management services for the apartments at
1606
which that individual resides in exchange for free or reduced rent on that
1607
individual's apartment;
1608
(v) a regular salaried employee of a condominium homeowners' association who
1609
manages real estate subject to the declaration of condominium that established the
1610
condominium homeowners' association, except that the employee may only
1611
manage real estate for one condominium homeowners' association;
1612
(vi) a regular salaried employee of a licensed property management company or real
1613
estate brokerage who performs support services, as prescribed by rule, for the
1614
property management company or real estate brokerage; or
1615
(vii) in the event a principal broker dies, is incapacitated, or is unable to perform the
1616
duties of a principal broker, an individual qualified and designated as the
1617
commission determines by rule made in accordance with Title 63G, Chapter 3,
1618
Utah Administrative Rulemaking Act, with the concurrence of the division, as an
1619
acting principal broker:
1620
(A) in relation to each transaction pending on the day on which the principal
1621
broker dies, becomes incapacitated, or becomes unable to perform the duties of
1622
a principal broker, including the distribution of compensation for each
1623
transaction; and
- 48 - Enrolled Copy S.B. 17
1624
(B) until the day on which each transaction described in Subsection (1)(a)(vii)(A)
1625
is completed.
1626
(b) Subsection (1)(a) does not exempt from licensing:
1627
(i) an employee engaged in the sale of real estate regulated under:
1628
(A) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act; or
1629
(B) Title 57, Chapter 19, Timeshare and Camp Resort Act;
1630
(ii) an employee engaged in the sale of cooperative interests regulated under Title 57,
1631
Chapter 23, Real Estate Cooperative Marketing Act; or
1632
(iii) an individual whose interest as an owner or lessor is obtained by that individual
1633
or transferred to that individual for the purpose of evading the application of this
1634
chapter, and not for another legitimate business reason.
1635
(2) A license under this chapter is not required for:
1636
(a) an isolated transaction or service by an individual holding an unsolicited, duly
1637
executed power of attorney from a property owner;
1638
(b) subject to Subsection 61-2f-401(5), services rendered by an attorney admitted to
1639
practice law in this state in performing the attorney's duties as an attorney;
1640
(c) a receiver, trustee in bankruptcy, administrator, executor, or an individual acting
1641
under order of a court;
1642
(d) a trustee or employee of a trustee under a deed of trust or a will;
1643
(e) a public utility, officer of a public utility, or regular salaried employee of a public
1644
utility, unless performance of an act described in Subsection [61-2f-102(20)]
1645
61-2f-102(21) is in connection with the sale, purchase, lease, or other disposition of
1646
real estate or investment in real estate unrelated to the principal business activity of
1647
that public utility;
1648
(f) a regular salaried employee or authorized agent working under the oversight of the
1649
Department of Transportation when performing an act on behalf of the Department of
1650
Transportation in connection with one or more of the following:
1651
(i) the acquisition of real estate pursuant to Section 72-5-103;
1652
(ii) the disposal of real estate pursuant to Section 72-5-111;
1653
(iii) services that constitute property management; or
1654
(iv) the leasing of real estate; and
1655
(g) a regular salaried employee of a county, city, or town when performing an act on
1656
behalf of the county, city, or town:
1657
(i) in accordance with:
- 49 - S.B. 17 Enrolled Copy
1658
(A) if a regular salaried employee of a city or town:
1659
(I) Title 10, Utah Municipal Code; or
1660
(II) Title 11, Cities, Counties, and Local Taxing Units; and
1661
(B) if a regular salaried employee of a county:
1662
(I) Title 11, Cities, Counties, and Local Taxing Units; and
1663
(II) Title 17, Counties; and
1664
(ii) in connection with one or more of the following:
1665
(A) the acquisition of real estate, including by eminent domain;
1666
(B) the disposal of real estate;
1667
(C) services that constitute property management; or
1668
(D) the leasing of real estate.
1669
(3) A license under this chapter is not required for an individual registered to act as a
1670
broker-dealer, agent, or investment adviser under the Utah and federal securities laws in
1671
the sale or the offer for sale of real estate if:
1672
(a)(i) the real estate is a necessary element of a "security" as that term is defined by
1673
the Securities Act of 1933 and the Securities Exchange Act of 1934; and
1674
(ii) the security is registered for sale in accordance with:
1675
(A) the Securities Act of 1933; or
1676
(B) Title 61, Chapter 1, Utah Uniform Securities Act; or
1677
(b)(i) it is a transaction in a security for which a Form D, described in 17 C.F.R. Sec.
1678
239.500, has been filed with the Securities and Exchange Commission pursuant to
1679
Regulation D, Rule 506, 17 C.F.R. Sec. 230.506; and
1680
(ii) the selling agent and the purchaser are not residents of this state.
1681
(4) Except as otherwise provided by statute or rule, the following individuals may engage in
1682
the practice of an occupation or profession regulated by this chapter, subject to the stated
1683
circumstances and limitations, without being licensed under this chapter:
1684
(a) an individual licensed under the laws of this state, other than under this chapter, to
1685
practice or engage in an occupation or profession, while engaged in the lawful,
1686
professional, and competent practice of that occupation or profession;
1687
(b) an individual serving in the armed forces of the United States, the United States
1688
Public Health Service, the United States Department of Veterans Affairs, or any other
1689
federal agency while engaged in activities regulated under this title as a part of
1690
employment with that federal agency if the individual holds a valid license to practice
1691
the regulated occupation or profession issued by any other state or jurisdiction
- 50 - Enrolled Copy S.B. 17
1692
recognized by the department; and
1693
(c) the spouse of an individual serving in the armed forces of the United States or the
1694
spouse of a DOD civilian while the individual or DOD civilian is stationed within
1695
this state, if:
1696
(i) the spouse holds a valid license to practice the regulated occupation or profession
1697
issued by any other state or jurisdiction recognized by the department; and
1698
(ii) the license is current and the spouse is in good standing in the state or jurisdiction
1699
of licensure.
1700
(5) As used in this section, "owner" does not include:
1701
(a) a person who holds an option to purchase real property;
1702
(b) a mortgagee;
1703
(c) a beneficiary under a deed of trust;
1704
(d) a trustee under a deed of trust; or
1705
(e) a person who owns or holds a claim that encumbers any real property or an
1706
improvement to the real property.
1707
(6) The commission, with the concurrence of the division, may provide, by rule made in
1708
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1709
circumstances under which a person or transaction qualifies for an exemption that is
1710
described in this section.
1711
Section 27. Effective date.
1712
This bill takes effect on May 7, 2025.
1713
Section 28. Coordinating S.B. 17 with H.B. 142.
1714
If S.B. 17, Services for Department of Defense Civilian Employees, and H.B. 142,
1715
Service Member and Veteran Amendments, both pass and become law, the Legislature intends
1716
that, on May 7, 2025, Subsection 53B-8-102(9)(a) in S.B. 17 and H.B. 142 be amended to read:
1717
"(9)(a) The evidence described in Subsection [(8)(a)(ii)(B) or (8)(b)(ii)(B) ] (8)(j)(ii)(B)
1718
or (8)(k)(ii)(B) includes:
1719
(i) a current Utah voter registration card;
1720
(ii) a valid Utah driver license or identification card;
1721
(iii) a current Utah vehicle registration;
1722
(iv) a copy of a Utah income tax return, in the [military service member's or
1723
military service member's spouse's name] name of the DOD civilian or DOD civilian's spouse,
1724
filed as a resident in accordance with Section 59-10-502; or
1725
(v) proof that the [military service member or military service member's spouse]
- 51 - S.B. 17 Enrolled Copy
1726
DOD civilian or DOD civilian's spouse owns a home in Utah, including a property tax notice
1727
for property owned in Utah.".
- 52 -