02-13 09:04 S.B. 272
1
Micro-education Entity Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions regarding a facility in which a micro-education entity or
6
home-based microschool operates.
7
Highlighted Provisions:
8
This bill:
9
▸ expands the types of facilities in which a micro-education entity or home-based
10
microschool may operate by expanding the sets of occupancy requirements the facility
11
may satisfy;
12
▸ removes certain square footage requirements; and
13
▸ excludes a micro-education entity or home-based microschool from a definition of
14
"school" that subjects schools to certain administrative regulations.
15
Money Appropriated in this Bill:
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None
17
Other Special Clauses:
18
This bill provides a special effective date.
19
Utah Code Sections Affected:
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AMENDS:
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10-9a-305 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
22
Chapter 464
23
17-27a-305 (Effective upon governor's approval), as last amended by Laws of Utah
24
2024, Chapter 464
25
26B-7-201 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
26
Chapter 152
27
28
Be it enacted by the Legislature of the state of Utah:
29
Section 1. Section 10-9a-305 is amended to read:
30
10-9a-305 (Effective upon governor's approval). Other entities required to
S.B. 272 S.B. 272 02-13 09:04
31
conform to municipality's land use ordinances -- Exceptions -- School districts, charter
32
schools, home-based microschools, and micro-education entities -- Submission of
33
development plan and schedule.
34
(1)(a) Each county, municipality, school district, charter school, special district, special
35
service district, and political subdivision of the state shall conform to any applicable
36
land use ordinance of any municipality when installing, constructing, operating, or
37
otherwise using any area, land, or building situated within that municipality.
38
(b) In addition to any other remedies provided by law, when a municipality's land use
39
ordinance is violated or about to be violated by another political subdivision, that
40
municipality may institute an injunction, mandamus, abatement, or other appropriate
41
action or proceeding to prevent, enjoin, abate, or remove the improper installation,
42
improvement, or use.
43
(2)(a) Except as provided in Subsection (3), a school district or charter school is subject
44
to a municipality's land use ordinances.
45
(b)(i) Notwithstanding Subsection (3), a municipality may:
46
(A) subject a charter school to standards within each zone pertaining to setback,
47
height, bulk and massing regulations, off-site parking, curb cut, traffic
48
circulation, and construction staging; and
49
(B) impose regulations upon the location of a project that are necessary to avoid
50
unreasonable risks to health or safety, as provided in Subsection (3)(f).
51
(ii) The standards to which a municipality may subject a charter school under
52
Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
53
(iii) Except as provided in Subsection (7)(d), the only basis upon which a
54
municipality may deny or withhold approval of a charter school's land use
55
application is the charter school's failure to comply with a standard imposed under
56
Subsection (2)(b)(i).
57
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of
58
an obligation to comply with a requirement of an applicable building or safety
59
code to which it is otherwise obligated to comply.
60
(3) A municipality may not:
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(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
62
methods or materials, additional building inspections, municipal building codes,
63
building use for educational purposes, or the placement or use of temporary
64
classroom facilities on school property;
- 2 - 02-13 09:04 S.B. 272
65
(b) except as otherwise provided in this section, require a school district or charter
66
school to participate in the cost of any roadway or sidewalk, or a study on the impact
67
of a school on a roadway or sidewalk, that is not reasonably necessary for the safety
68
of school children and not located on or contiguous to school property, unless the
69
roadway or sidewalk is required to connect an otherwise isolated school site to an
70
existing roadway;
71
(c) require a district or charter school to pay fees not authorized by this section;
72
(d) provide for inspection of school construction or assess a fee or other charges for
73
inspection, unless the school district or charter school is unable to provide for
74
inspection by an inspector, other than the project architect or contractor, who is
75
qualified under criteria established by the state superintendent;
76
(e) require a school district or charter school to pay any impact fee for an improvement
77
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact
78
Fees Act;
79
(f) impose regulations upon the location of an educational facility except as necessary to
80
avoid unreasonable risks to health or safety; or
81
(g) for a land use or a structure owned or operated by a school district or charter school
82
that is not an educational facility but is used in support of providing instruction to
83
pupils, impose a regulation that:
84
(i) is not imposed on a similar land use or structure in the zone in which the land use
85
or structure is approved; or
86
(ii) uses the tax exempt status of the school district or charter school as criteria for
87
prohibiting or regulating the land use or location of the structure.
88
(4) Subject to Section 53E-3-710, a school district or charter school shall coordinate the
89
siting of a new school with the municipality in which the school is to be located, to:
90
(a) avoid or mitigate existing and potential traffic hazards, including consideration of the
91
impacts between the new school and future highways; and
92
(b) maximize school, student, and site safety.
93
(5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
94
(a) provide a walk-through of school construction at no cost and at a time convenient to
95
the district or charter school; and
96
(b) provide recommendations based upon the walk-through.
97
(6)(a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
98
(i) a municipal building inspector;
- 3 - S.B. 272 02-13 09:04
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(ii)(A) for a school district, a school district building inspector from that school
100
district; or
101
(B) for a charter school, a school district building inspector from the school
102
district in which the charter school is located; or
103
(iii) an independent, certified building inspector who [isnot] is not an employee of the
104
contractor, licensed to perform the inspection that the inspector is requested to
105
perform, and approved [bya] by a municipal building inspector or:
106
(A) for a school district, a school district building inspector from that school
107
district; or
108
(B) for a charter school, a school district building inspector from the school
109
district in which the charter school is located.
110
(b) The approval under Subsection (6)(a)(iii) may not be unreasonably withheld.
111
(c) If a school district or charter school uses a school district or independent building
112
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall
113
submit to the state superintendent of public instruction and municipal building
114
official, on a monthly basis during construction of the school building, a copy of each
115
inspection certificate regarding the school building.
116
(7)(a) A charter school, home-based microschool, or micro-education entity shall be
117
considered a permitted use in all zoning districts within a municipality.
118
(b) Each land use application for any approval required for a charter school, home-based
119
microschool, or micro-education entity, including an application for a building
120
permit, shall be processed on a first priority basis.
121
(c) Parking requirements for a charter school or a micro-education entity may not exceed
122
the minimum parking requirements for schools or other institutional public uses
123
throughout the municipality.
124
(d) If a municipality has designated zones for a sexually oriented business, or a business
125
which sells alcohol, a charter school or a micro-education entity may be prohibited
126
from a location which would otherwise defeat the purpose for the zone unless the
127
charter school or micro-education entity provides a waiver.
128
(e)(i) A school district, charter school, or micro-education entity may seek a
129
certificate authorizing permanent occupancy of a school building from:
130
(A) the state superintendent of public instruction, as provided in Subsection
131
53E-3-706(3), if the school district or charter school used an independent
132
building inspector for inspection of the school building; or
- 4 - 02-13 09:04 S.B. 272
133
(B) a municipal official with authority to issue the certificate, if the school district,
134
charter school, or micro-education entity used a municipal building inspector
135
for inspection of the school building.
136
(ii) A school district may issue its own certificate authorizing permanent occupancy
137
of a school building if it used its own building inspector for inspection of the
138
school building, subject to the notification requirement of Subsection 53E-3-706
139
(3)(a)(ii).
140
(iii) A charter school or micro-education entity may seek a certificate authorizing
141
permanent occupancy of a school building from a school district official with
142
authority to issue the certificate, if the charter school or micro-education entity
143
used a school district building inspector for inspection of the school building.
144
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
145
of public instruction under Subsection 53E-3-706(3) or a school district official
146
with authority to issue the certificate shall be considered to satisfy any municipal
147
requirement for an inspection or a certificate of occupancy.
148
(f)(i) A micro-education entity may operate in a facility that meets Group E
149
Occupancy requirements as defined by the International Building Code, as
150
incorporated by Subsection 15A-2-103(1)(a).
151
(ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i)[:]
152
[(A)] may have up to 100 students in the facility[; and] .
153
[(B) shall have enough space for at least 20 net square feet per student.]
154
(g) A micro-education entity may operate in a facility that is subject to and complies
155
with the same occupancy requirements as a Class A-1, A-3, B, or M Occupancy as
156
defined by the International Building Code, as incorporated by Subsection 15A-2-103
157
(1)(a), if:
158
(i) the facility has a code compliant fire alarm system and carbon monoxide detection
159
system;
160
(ii)(A) each classroom in the facility has an exit directly to the outside at the level
161
of exit or discharge; or
162
(B) the structure has a code compliant fire sprinkler system; and
163
(iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
164
are greater than 12,000 square feet[; and] .
165
[(iv) the facility has enough space for at least 20 net square feet per student.]
166
(h)(i) A home-based microschool is not subject to additional occupancy
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requirements beyond occupancy requirements that apply to a primary dwelling[,
168
except that the home-based microschool shall have enough space for at least 35
169
net square feet per student].
170
(ii) If a floor that is below grade in a home-based microschool is used for home-based
171
microschool purposes, the below grade floor of the home-based microschool shall
172
have at least one emergency escape or rescue window that complies with the
173
requirements for emergency escape and rescue windows as defined by the
174
International Residential Code, as incorporated by Section 15A-1-210.
175
(8)(a) A specified public agency intending to develop its land shall submit to the land
176
use authority a development plan and schedule:
177
(i) as early as practicable in the development process, but no later than the
178
commencement of construction; and
179
(ii) with sufficient detail to enable the land use authority to assess:
180
(A) the specified public agency's compliance with applicable land use ordinances;
181
(B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b),
182
(c), (d), (e), and (g) caused by the development;
183
(C) the amount of any applicable fee described in Section 10-9a-510;
184
(D) any credit against an impact fee; and
185
(E) the potential for waiving an impact fee.
186
(b) The land use authority shall respond to a specified public agency's submission under
187
Subsection (8)(a) with reasonable promptness in order to allow the specified public
188
agency to consider information the municipality provides under Subsection (8)(a)(ii)
189
in the process of preparing the budget for the development.
190
(9) Nothing in this section may be construed to:
191
(a) modify or supersede Section 10-9a-304; or
192
(b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance, that
193
fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair
194
Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with
195
Disabilities Act of 1990, 42 U.S.C. Sec. 12102, or any other provision of federal law.
196
(10) Nothing in Subsection (7) prevents a political subdivision from:
197
(a) requiring a home-based microschool or micro-education entity to comply with
198
municipal zoning and land use regulations that do not conflict with this section,
199
including:
200
(i) parking;
- 6 - 02-13 09:04 S.B. 272
201
(ii) traffic; and
202
(iii) hours of operation;
203
(b) requiring a home-based microschool or micro-education entity to obtain a business
204
license;
205
(c) enacting municipal ordinances and regulations consistent with this section;
206
(d) subjecting a micro-education entity to standards within each zone pertaining to
207
setback, height, bulk and massing regulations, off-site parking, curb cut, traffic
208
circulation, and construction staging; and
209
(e) imposing regulations on the location of a project that are necessary to avoid risks to
210
health or safety.
211
Section 2. Section 17-27a-305 is amended to read:
212
17-27a-305 (Effective upon governor's approval). Other entities required to
213
conform to county's land use ordinances -- Exceptions -- School districts, charter schools,
214
home-based microschools, and micro-education entities -- Submission of development
215
plan and schedule.
216
(1)(a) Each county, municipality, school district, charter school, special district, special
217
service district, and political subdivision of the state shall conform to any applicable
218
land use ordinance of any county when installing, constructing, operating, or
219
otherwise using any area, land, or building situated within a mountainous planning
220
district or the unincorporated portion of the county, as applicable.
221
(b) In addition to any other remedies provided by law, when a county's land use
222
ordinance is violated or about to be violated by another political subdivision, that
223
county may institute an injunction, mandamus, abatement, or other appropriate action
224
or proceeding to prevent, enjoin, abate, or remove the improper installation,
225
improvement, or use.
226
(2)(a) Except as provided in Subsection (3), a school district or charter school is subject
227
to a county's land use ordinances.
228
(b)(i) Notwithstanding Subsection (3), a county may:
229
(A) subject a charter school to standards within each zone pertaining to setback,
230
height, bulk and massing regulations, off-site parking, curb cut, traffic
231
circulation, and construction staging; and
232
(B) impose regulations upon the location of a project that are necessary to avoid
233
unreasonable risks to health or safety, as provided in Subsection (3)(f).
234
(ii) The standards to which a county may subject a charter school under Subsection
- 7 - S.B. 272 02-13 09:04
235
(2)(b)(i) shall be objective standards only and may not be subjective.
236
(iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
237
deny or withhold approval of a charter school's land use application is the charter
238
school's failure to comply with a standard imposed under Subsection (2)(b)(i).
239
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of
240
an obligation to comply with a requirement of an applicable building or safety
241
code to which it is otherwise obligated to comply.
242
(3) A county may not:
243
(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
244
methods or materials, additional building inspections, county building codes,
245
building use for educational purposes, or the placement or use of temporary
246
classroom facilities on school property;
247
(b) except as otherwise provided in this section, require a school district or charter
248
school to participate in the cost of any roadway or sidewalk, or a study on the impact
249
of a school on a roadway or sidewalk, that is not reasonably necessary for the safety
250
of school children and not located on or contiguous to school property, unless the
251
roadway or sidewalk is required to connect an otherwise isolated school site to an
252
existing roadway;
253
(c) require a district or charter school to pay fees not authorized by this section;
254
(d) provide for inspection of school construction or assess a fee or other charges for
255
inspection, unless the school district or charter school is unable to provide for
256
inspection by an inspector, other than the project architect or contractor, who is
257
qualified under criteria established by the state superintendent;
258
(e) require a school district or charter school to pay any impact fee for an improvement
259
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact
260
Fees Act;
261
(f) impose regulations upon the location of an educational facility except as necessary to
262
avoid unreasonable risks to health or safety; or
263
(g) for a land use or a structure owned or operated by a school district or charter school
264
that is not an educational facility but is used in support of providing instruction to
265
pupils, impose a regulation that:
266
(i) is not imposed on a similar land use or structure in the zone in which the land use
267
or structure is approved; or
268
(ii) uses the tax exempt status of the school district or charter school as criteria for
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269
prohibiting or regulating the land use or location of the structure.
270
(4) Subject to Section 53E-3-710, a school district or charter school shall coordinate the
271
siting of a new school with the county in which the school is to be located, to:
272
(a) avoid or mitigate existing and potential traffic hazards, including consideration of the
273
impacts between the new school and future highways; and
274
(b) maximize school, student, and site safety.
275
(5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
276
(a) provide a walk-through of school construction at no cost and at a time convenient to
277
the district or charter school; and
278
(b) provide recommendations based upon the walk-through.
279
(6)(a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
280
(i) a county building inspector;
281
(ii)(A) for a school district, a school district building inspector from that school
282
district; or
283
(B) for a charter school, a school district building inspector from the school
284
district in which the charter school is located; or
285
(iii) an independent, certified building inspector who [isnot] is not an employee of the
286
contractor, licensed to perform the inspection that the inspector is requested to
287
perform, [andapproved bya] and approved by a county building inspector or:
288
(A) for a school district, a school district building inspector from that school
289
district; or
290
(B) for a charter school, a school district building inspector from the school
291
district in which the charter school is located.
292
(b) The approval under Subsection (6)(a)(iii) may not be unreasonably withheld.
293
(c) If a school district or charter school uses a school district or independent building
294
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall
295
submit to the state superintendent of public instruction and county building official,
296
on a monthly basis during construction of the school building, a copy of each
297
inspection certificate regarding the school building.
298
(7)(a) A charter school, home-based microschool, or micro-education entity shall be
299
considered a permitted use in all zoning districts within a county.
300
(b) Each land use application for any approval required for a charter school, home-based
301
microschool, or micro-education entity, including an application for a building
302
permit, shall be processed on a first priority basis.
- 9 - S.B. 272 02-13 09:04
303
(c) Parking requirements for a charter school or micro-education entity may not exceed
304
the minimum parking requirements for schools or other institutional public uses
305
throughout the county.
306
(d) If a county has designated zones for a sexually oriented business, or a business which
307
sells alcohol, a charter school or micro-education entity may be prohibited from a
308
location which would otherwise defeat the purpose for the zone unless the charter
309
school or micro-education entity provides a waiver.
310
(e)(i) A school district , charter school, or micro-education entity may seek a
311
certificate authorizing permanent occupancy of a school building from:
312
(A) the state superintendent of public instruction, as provided in Subsection
313
53E-3-706(3), if the school district, charter school, or micro-education entity
314
used an independent building inspector for inspection of the school building; or
315
(B) a county official with authority to issue the certificate, if the school district,
316
charter school, or micro-education entity used a county building inspector for
317
inspection of the school building.
318
(ii) A school district may issue its own certificate authorizing permanent occupancy
319
of a school building if it used its own building inspector for inspection of the
320
school building, subject to the notification requirement of Subsection 53E-3-706
321
(3)(a)(ii).
322
(iii) A charter school or micro-education entity may seek a certificate authorizing
323
permanent occupancy of a school building from a school district official with
324
authority to issue the certificate, if the charter school or micro-education entity
325
used a school district building inspector for inspection of the school building.
326
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
327
of public instruction under Subsection 53E-3-706(3) or a school district official
328
with authority to issue the certificate shall be considered to satisfy any county
329
requirement for an inspection or a certificate of occupancy.
330
(f)(i) A micro-education entity may operate a facility that meets Group E Occupancy
331
requirements as defined by the International Building Code, as incorporated by
332
Subsection 15A-2-103(1)(a).
333
(ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i)[:]
334
[(A)] may have up to 100 students in the facility[; and] .
335
[(B) shall have enough space for at least 20 net square feet per student;]
336
(g) A micro-education entity may operate a facility that is subject to and complies with
- 10 - 02-13 09:04 S.B. 272
337
the same occupancy requirements as a Class A-1, A-3, B, or M Occupancy as defined
338
by the International Building Code, as incorporated by Subsection 15A-2-103(1)(a),
339
if:
340
(i) the facility has a code compliant fire alarm system and carbon monoxide detection
341
system;
342
(ii)(A) each classroom in the facility has an exit directly to the outside at the level
343
of exit discharge; or
344
(B) the structure has a code compliant fire sprinkler system; and
345
(iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
346
are greater than 12,000 square feet[; and] .
347
[(iv) the facility has enough space for at least 20 net square feet per student.]
348
(h)(i) A home-based microschool is not subject to additional occupancy requirements
349
beyond occupancy requirements that apply to a primary dwelling[, except that the
350
home-based microschool shall have enough space for at least 35 square feet per
351
student].
352
(ii) If a floor that is below grade in a home-based microschool is used for home-based
353
microschool purposes, the below grade floor of the home-based microschool shall
354
have at least one emergency escape or rescue window that complies with the
355
requirements for emergency escape and rescue windows as defined by the
356
International Residential Code, as incorporated in Section 15A-1-210.
357
(8)(a) A specified public agency intending to develop its land shall submit to the land
358
use authority a development plan and schedule:
359
(i) as early as practicable in the development process, but no later than the
360
commencement of construction; and
361
(ii) with sufficient detail to enable the land use authority to assess:
362
(A) the specified public agency's compliance with applicable land use ordinances;
363
(B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b),
364
(c), (d), (e), and (g) caused by the development;
365
(C) the amount of any applicable fee described in Section 17-27a-509;
366
(D) any credit against an impact fee; and
367
(E) the potential for waiving an impact fee.
368
(b) The land use authority shall respond to a specified public agency's submission under
369
Subsection (8)(a) with reasonable promptness in order to allow the specified public
370
agency to consider information the municipality provides under Subsection (8)(a)(ii)
- 11 - S.B. 272 02-13 09:04
371
in the process of preparing the budget for the development.
372
(9) Nothing in this section may be construed to:
373
(a) modify or supersede Section 17-27a-304; or
374
(b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that fails
375
to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
376
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with
377
Disabilities Act of 1990, 42 U.S.C. 12102, or any other provision of federal law.
378
(10) Nothing in Subsection (7) prevents a political subdivision from:
379
(a) requiring a home-based microschool or micro-education entity to comply with local
380
zoning and land use regulations that do not conflict with this section, including:
381
(i) parking;
382
(ii) traffic; and
383
(iii) hours of operation;
384
(b) requiring a home-based microschool or micro-education entity to obtain a business
385
license;
386
(c) enacting county ordinances and regulations consistent with this section;
387
(d) subjecting a micro-education entity to standards within each zone pertaining to
388
setback, height, bulk and massing regulations, off-site parking, curb cut, traffic
389
circulation, and construction staging; and
390
(e) imposing regulations on the location of a project that are necessary to avoid risks to
391
health or safety.
392
(11) Notwithstanding any other provision of law, the proximity restrictions that apply to
393
community locations do not apply to a micro-education entity.
394
Section 3. Section 26B-7-201 is amended to read:
395
26B-7-201 (Effective upon governor's approval). Definitions.
396
As used in this part:
397
(1) "Ambulatory surgical center" means the same as that term is defined in Section
398
26B-2-201.
399
(2) "Carrier" means an infected individual or animal who harbors a specific infectious agent
400
in the absence of discernible clinical disease and serves as a potential source of infection
401
for man. The carrier state may occur in an individual with an infection that is inapparent
402
throughout its course, commonly known as healthy or asymptomatic carrier, or during
403
the incubation period, convalescence, and postconvalescence of an individual with a
404
clinically recognizable disease, commonly known as incubatory carrier or convalescent
- 12 - 02-13 09:04 S.B. 272
405
carrier. Under either circumstance the carrier state may be of short duration, as a
406
temporary or transient carrier, or long duration, as a chronic carrier.
407
(3) "Communicable disease" means illness due to a specific infectious agent or its toxic
408
products which arises through transmission of that agent or its products from a reservoir
409
to a susceptible host, either directly, as from an infected individual or animal, or
410
indirectly, through an intermediate plant or animal host, vector, or the inanimate
411
environment.
412
(4) "Communicable period" means the time or times during which an infectious agent may
413
be transferred directly or indirectly from an infected individual to another individual,
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from an infected animal to a human, or from an infected human to an animal, including
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arthropods.
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(5) "Contact" means an individual or animal having had association with an infected
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individual, animal, or contaminated environment so as to have had an opportunity to
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acquire the infection.
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(6) "End stage renal disease facility" is as defined in Section 26B-2-201.
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(7)(a) "Epidemic" means the occurrence or outbreak in a community or region of cases
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of an illness clearly in excess of normal expectancy and derived from a common or
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propagated source.
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(b) The number of cases indicating an epidemic will vary according to the infectious
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agent, size, and type of population exposed, previous experience or lack of exposure
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to the disease, and time and place of occurrence.
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(c) Epidemicity is considered to be relative to usual frequency of the disease in the same
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area, among the specified population, at the same season of the year.
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(8) "General acute hospital" is as defined in Section 26B-2-201.
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(9) "Incubation period" means the time interval between exposure to an infectious agent
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and appearance of the first sign or symptom of the disease in question.
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(10) "Infected individual" means an individual who harbors an infectious agent and who
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has manifest disease or inapparent infection. An infected individual is one from whom
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the infectious agent can be naturally acquired.
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(11) "Infection" means the entry and development or multiplication of an infectious agent
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in the body of man or animals. Infection is not synonymous with infectious disease; the
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result may be inapparent or manifest. The presence of living infectious agents on
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exterior surfaces of the body, or upon articles of apparel or soiled articles, is not
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infection, but contamination of such surfaces and articles.
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(12) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,
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protozoan, or helminth that is capable of producing infection or infectious disease.
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(13) "Infectious disease" means a disease of man or animals resulting from an infection.
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(14) "Isolation" means the separation, for the period of communicability, of infected
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individuals or animals from others, in such places and under such conditions as to
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prevent the direct or indirect conveyance of the infectious agent from those infected to
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those who are susceptible or who may spread the agent to others.
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(15) "Local food" means the same as that term is defined in Section 4-1-109.
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(16) "Order of constraint" means the same as that term is defined in Section 26B-7-301.
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(17) "Quarantine" means the restriction of the activities of well individuals or animals who
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have been exposed to a communicable disease during its period of communicability to
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prevent disease transmission.
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(18)(a) "School" means a public, private, or parochial nursery school, licensed or
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unlicensed day care center, child care facility, family care home, Head Start program,
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kindergarten, elementary, or secondary school through grade 12.
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(b) "School" does not mean a micro-education entity or a home-based microschool as
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those terms are defined in Section 53G-6-201.
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(19) "Sexually transmitted disease" means those diseases transmitted through sexual
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intercourse or any other sexual contact.
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(20) "Specialty hospital" is as defined in Section 26B-2-201.
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Section 4. Effective Date.
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This bill takes effect:
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(1) except as provided in Subsection (2), May 7, 2025; or
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(2) if approved by two-thirds of all members elected to each house:
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(a) upon approval by the governor;
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(b) without the governor's signature, the day following the constitutional time limit of
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Utah Constitution, Article VII, Section 8; or
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(c) in the case of a veto, the date of veto override.
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