HB 279

Enrolled Copy  H.B. 279
1Higher Education Code Amendments
                                        2026 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Val L. Peterson
                                     Senate Sponsor: Ann Millner
2
3  LONG TITLE
4  General Description:
5      This bill modifies sections of code related to institutions of higher education.
6  Highlighted Provisions:
7      This bill:
8      ▸ includes private postsecondary educational institutions to certain sections of code that
9  apply to institutions of higher education; and
10      ▸ makes technical changes.
11  Money Appropriated in this Bill:
12      None
13  Other Special Clauses:
14      None
15  Utah Code Sections Affected:
16  AMENDS:
17      9-22-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
18      Session, Chapter 9
19      9-22-104 (Effective 05/06/26), as last amended by Laws of Utah 2020, Chapters 352, 365
20      9-22-113 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
21      Session, Chapter 9
22      9-22-114 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2019,
23      Chapter 487
24      53-8-105 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 271, 393
25      53H-11-306 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
26      First Special Session, Chapter 8
27      58-37-3.5 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah
28      2025, First Special Session, Chapter 9
H.B. 279  Enrolled Copy
2963G-6a-2404 (Effective 05/06/26), as enacted by Laws of Utah 2014, Chapter 196
3076-6-113 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 230
3176-8-705 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
32Session, Chapter 9
3377-11a-101 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 80
3479-3-202 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
35Session, Chapter 15
3679-6-106 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
37Session, Chapter 9
38
39   Be it enacted by the Legislature of the state of Utah:
40Section 1. Section 9-22-102 is amended to read:
419-22-102 (Effective 05/06/26). Definitions.
42      As used in this chapter:
43   (1) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in
44computer science, information technology, or computer engineering courses and career
45options.
46   (2) "Director" means the director appointed by the STEM board to oversee the
47administration of the STEM Action Center.
48   (3) "Educator" means the same as that term is defined in Section 53E-6-102.
49   (4) "Foundation" means a foundation established as described in Subsections 9-22-104(3)
50and (4).
51   (5) "Fund" means the STEM Action Center Foundation Fund created in Section 9-22-105.
52   (6) "Grant program" means the Computing Partnerships Grants program created in this part.
53   (7) "High quality professional development" means professional development that meets
54high quality standards developed by the State Board of Education.
55   (8) "Institution of higher education" means the same as that term is defined in Section
5653H-1-101.
57   (9) "K-16" means kindergarten through grade 12 and post-secondary education programs.
58   (10) "Private postsecondary educational institution" means the same as that term is defined
59in Section 53H-1-101.
60   [(10)] (11) "Provider" means a provider selected on behalf of the STEM board by the staff
61of the STEM board and the staff of the State Board of Education:
62(a) through a request for proposals process; or
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63      (b) through a direct award or sole source procurement process for a pilot described in
64Section 9-22-107.
65  [(11)] (12) "Review committee" means the committee established under Section 9-22-114.
66  [(12)] (13) "Stacked credentials" means credentials that:
67      (a) an individual can build upon to access an advanced job or higher wage;
68      (b) are part of a career pathway system;
69      (c) provide a pathway culminating in the equivalent of an associate's or bachelor's
70degree;
71      (d) facilitate multiple exit and entry points; and
72      (e) recognize sub-goals or momentum points.
73  [(13)] (14) "STEM" means science, technology, engineering, and mathematics.
74  [(14)] (15) "STEM Action Center" means the center described in Section 9-22-106.
75  [(15)] (16) "STEM board" means the STEM Action Center Board created in Section
76      9-22-103.
77  [(16)] (17) "Talent Ready Program" means the Talent Ready Utah Program created in
78      Section 53H-13-303.
79Section 2. Section 9-22-104 is amended to read:
809-22-104 (Effective 05/06/26). STEM Action Center Board -- Duties.
81  (1) The STEM board shall:
82      (a) establish [a] the STEM Action Center to:
83(i) coordinate STEM activities in the state among the following stakeholders:
84(A) the State Board of Education;
85(B) school districts and charter schools;
86(C) the Utah Board of Higher Education;
87(D) institutions of higher education;
88(E) private postsecondary educational institution;
89[(E)] (F) parents of home-schooled students;
90[(F)] (G) other state agencies; and
91[(G)] (H) business and industry representatives;
92(ii) align public education STEM activities with higher education STEM activities;
93and
94(iii) create and coordinate best practices among public education and higher
95education;
96      (b) with the advice and consent of the Senate, appoint a director to oversee the
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97administration of the STEM Action Center;
98(c) select a physical location for the STEM Action Center;
99(d) strategically engage industry and business entities to cooperate with the STEM board:
100(i) to support high quality professional development and provide other assistance for
101educators and students; and
102(ii) to provide private funding and support for the STEM Action Center;
103(e) give direction to the STEM Action Center and the providers selected through a
104request for proposals process pursuant to this part; and
105(f) work to meet the following expectations:
106(i) that at least 50 educators are implementing best practice learning tools in
107classrooms;
108(ii) performance change in student achievement in each classroom participating in a
109STEM Action Center project; and
110(iii) that students from at least 50 schools [ ]in the state [ ]participate in the STEM
111competitions, fairs, and camps described in Subsection 9-22-106(2)(d).
112   (2) The STEM board may:
113(a) enter into contracts for the purposes of this part;
114(b) apply for, receive, and disburse funds, contributions, or grants from any source for
115the purposes set forth in this part;
116(c) employ, compensate, and prescribe the duties and powers of individuals necessary to
117execute the duties and powers of the STEM board;
118(d) prescribe the duties and powers of the STEM Action Center providers; and
119(e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
120make rules to administer this part.
121   (3) The STEM board may establish a foundation to assist in:
122(a) the development and implementation of the programs authorized under this part to
123promote STEM education; and
124(b) implementation of other STEM education objectives described in this part.
125   (4) A foundation established by the STEM board under Subsection (3):
126(a) may solicit and receive contributions from a private organization for STEM
127education objectives described in this part;
128(b) shall comply with the requirements described in Section 9-22-105;
129(c) does not have power or authority to incur contractual obligations or liabilities that
130constitute a claim against public funds;
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131      (d) may not exercise executive or administrative authority over the programs or other
132activities described in this part, except to the extent specifically authorized by the
133STEM board;
134      (e) shall provide the STEM board with information detailing transactions and balances
135associated with the foundation; and
136      (f) may not:
137(i) engage in lobbying activities;
138(ii) attempt to influence legislation; or
139(iii) participate in any campaign activity for or against:
140(A) a political candidate; or
141(B) an initiative, referendum, proposed constitutional amendment, bond, or any
142other ballot proposition submitted to the voters.
143Section 3. Section 9-22-113 is amended to read:
1449-22-113 (Effective 05/06/26). Computer science initiative for public schools.
145  (1) As used in this section:
146      (a) "Computational thinking" means the set of problem-solving skills and techniques that
147software engineers use to write programs that underlie computer applications,
148including decomposition, pattern recognition, pattern generalization, and algorithm
149design.
150      (b) "Computer coding" means the process of writing script for a computer program or
151mobile device.
152      (c) "Educator" means the same as that term is defined in Section 53E-6-102.
153      (d) "Endorsement" means a stipulation, authorized by the State Board of Education and
154appended to a license, that specifies the areas of practice to which the license applies.
155      (e) "Institution of higher education" means the same as that term is defined in Section
15653H-1-101.
157      (f) "Employer" means a private employer, public employer, industry association, union,
158or the military.
159      (g) "License" means the same as that term is defined in Section 53E-6-102.
160      (h) "Private postsecondary educational institution" means the same as that term is
161defined in Section 53H-1-101.
162  (2) Subject to legislative appropriations, on behalf of the STEM board, the staff of the
163      STEM board and the staff of the State Board of Education shall collaborate to develop
164      and implement a computer science initiative for public schools by:
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165(a) creating an online repository that:
166(i) is available for school districts and charter schools to use as a resource; and
167(ii) includes high quality computer science instructional resources that are designed
168to teach students in all grade levels:
169(A) computational thinking skills; and
170(B) computer coding skills;
171(b) providing for professional development on teaching computer science by:
172(i) including resources for educators related to teaching computational thinking and
173computer coding in the STEM education high quality professional development
174application described in Section 9-22-110; and
175(ii) providing statewide or regional professional development institutes; and
176(c) awarding grants to a school district or charter school, on a competitive basis, that
177may be used to provide incentives for an educator to earn a computer science
178endorsement.
179   (3) A school district or charter school may enter into an agreement with one or more of the
180following entities to jointly apply for a grant under Subsection (2)(c):
181(a) a school district;
182(b) a charter school;
183(c) an employer;
184(d) a private postsecondary educational institution;
185[(d)] (e) an institution of higher education; or
186[(e)] (f) a non-profit organization.
187   (4) To apply for a grant described in Subsection (2)(c), a school district or charter school
188shall submit a plan to the State Board of Education for the use of the grant, including a
189statement of purpose that describes the methods the school district or charter school
190proposes to use to incentivize an educator to earn a computer science endorsement.
191   (5) The State Board of Education and the STEM board shall encourage schools to
192independently pursue computer science and coding initiatives, subject to local school
193board or charter school governing board approval, based on the unique needs of the
194school's students.
195   (6) The STEM board shall include information on the status of the computer science
196initiative in the annual report described in Section 9-22-109.
197Section 4. Section 9-22-114 is amended to read:
1989-22-114 (Effective 05/06/26). Computing Partnerships Grants program.
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199  (1) There is created the Computing Partnerships Grants program consisting of the grants
200      created in this part to provide for the design and implementation of a comprehensive
201      K-16 computing partnerships program, based upon the following common elements:
202      (a) outreach and student engagement;
203      (b) courses and content;
204      (c) instruction and instructional support;
205      (d) work-based learning opportunities;
206      (e) student retention;
207      (f) industry engagement;
208      (g) stacked credentials that allow for multiple exit and entry points;
209      (h) competency-based learning strategies; and
210      (i) secondary and post-secondary collaborations.
211  (2) The grant program shall incentivize public schools and school districts to work with the
212      STEM Action Center, staff of the State Board of Education, Talent Ready Utah, industry
213      representatives, and secondary partners on the design and implementation of
214      comprehensive K-16 computing partnerships through:
215      (a) leveraging existing resources for content, professional learning, and instruction,
216including existing career and technical education funds, programs, and initiatives;
217      (b) allowing for the support of professional learning for pre- and in-service educators;
218      (c) supporting activities that promote and enhance access, diversity, and equity;
219      (d) supporting collaborations and partnerships between K-12, institutions of higher
220education, private postsecondary educational institutions, cultural and community
221partners, and industry representatives;
222      (e) identifying the appropriate credentials that align with industry needs and providing
223the credentials in a stacked credentials pathway;
224      (f) implementing a collaborative network that enables sharing and identification of best
225practices; and
226      (g) providing infrastructure assistance that allows for the support of new courses and the
227expansion of capacity for existing courses.
228  (3) The grant program shall include the following:
229      (a) rigorous and relevant metrics that are shared by all grant participants; and
230      (b) an evaluation by the STEM Action Center of the grant program that identifies best
231practices.
232  (4) The STEM Action Center, in consultation with the State Board of Education, shall:
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233(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
234adopt rules:
235(i) for the administration of the grant program and awarding of grants; and
236(ii) that define outcome-based measures appropriate to the type of grant awarded
237under this part;
238(b) establish a grant application process;
239(c) in accordance with Subsection (5), establish a review committee to make
240recommendations for:
241(i) metrics to analyze the quality of a grant application;
242(ii) approval of a grant application; and
243(iii) criteria to establish a requirement for an applicant to demonstrate financial need;
244and
245(d) with input from the review committee, adopt metrics to analyze the quality of a grant
246application.
247   (5)(a) The review committee shall consist of K-16 educators, staff of the State Board of
248Education, representatives of Talent Ready Utah, post-secondary partners, and
249industry representatives.
250(b) The review committee shall:
251(i) review a grant application submitted;
252(ii) make recommendations to a grant applicant to modify the grant application, if
253necessary; and
254(iii) make recommendations regarding the final disposition of an application.
255   (6) The STEM Action Center shall report annually on the grant program to the State Board
256of Education and any findings and recommendations on the grant program shall be
257included in the STEM Action Center annual report to the Education Interim Committee.
258Section 5. Section 53-8-105 is amended to read:
25953-8-105 (Effective 05/06/26). Duties of Highway Patrol.
260   (1) In addition to the duties in this chapter, the Highway Patrol shall:
261(a) enforce the state laws and rules governing use of the state highways;
262(b) regulate traffic on all highways and roads of the state;
263(c) assist the governor in an emergency or at other times at his discretion;
264(d) in cooperation with federal, state, and local agencies, enforce and assist in the
265enforcement of all state and federal laws related to the operation of a motor carrier on
266a highway, including all state and federal rules and regulations;
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267      (e) inspect certain vehicles to determine road worthiness and safe condition as provided
268in Section 41-6a-1630;
269      (f) upon request, assist with any condition of unrest existing or developing on a campus
270or related facility of an institution of higher education or private postsecondary
271educational institution;
272      (g) assist the Alcoholic Beverage Services Commission in an emergency to enforce the
273state liquor laws;
274      (h) provide security and protection for both houses of the Legislature while in session as
275the speaker of the House of Representatives and the president of the Senate find
276necessary;
277      (i) enforce the state laws and rules governing use of capitol hill; and
278      (j) carry out the following for the Supreme Court and the Court of Appeals:
279(i) provide security and protection to those courts when in session in the capital city
280of the state;
281(ii) execute orders issued by the courts; and
282(iii) carry out duties as directed by the courts.
283  (2)(a) The division and the department shall annually:
284(i) evaluate the inventory of new and existing state highways, in coordination with
285relevant local law enforcement agencies, to determine which law enforcement
286agency is best suited to patrol and enforce state laws and regulate traffic on each
287state highway; and
288(ii) before October 1 of each year, report to the Transportation Interim Committee
289and the Criminal Justice Appropriations Subcommittee regarding:
290(A) significant changes to the patrol and enforcement responsibilities resulting
291from the evaluation described in Subsection (2)(a)(i); and
292(B) any budget request necessary to accommodate additional patrol and
293enforcement responsibilities.
294      (b) The division and the department shall, before July 1 of each year, coordinate with the
295Department of Transportation created in Section 72-1-201 regarding patrol and
296enforcement responsibilities described in Subsection (2)(a) and incident management
297services on state highways.
298  (3)(a) A district court and a justice court shall collect and maintain data regarding
299      violations in Sections 41-6a-1712, 41-6a-1713, and 72-7-409.
300      (b) Each court shall transmit dispositions described in Subsection (3)(a) electronically to
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301the department.
302Section 6. Section 53H-11-306 is amended to read:
30353H-11-306 (Effective 05/06/26). Police officer's and firefighter's survivor tuition
304   waiver.
305   (1) As used in this section:
306(a) "Child" means an individual who:
307(i) is a natural or adopted child of a deceased peace officer or deceased firefighter; and
308(ii) was under the age of 25 at the time of the peace officer's or firefighter's death.
309(b) "Department" means the Department of Public Safety.
310(c)(i) "Fees" means general course fees, in addition to tuition, that are:
311(A) imposed by an institution of higher education; and
312(B) required to be paid by a student to engage in a course of study at the
313institution of higher education.
314(ii) "Fees" does not include a special course fee.
315(d) "Killed" means that the peace officer's or firefighter's death is the direct and
316proximate result of a traumatic injury incurred in the line of duty.
317(e) "Line of duty" means an action that a peace officer or firefighter is obligated or
318authorized to perform by rule, regulation, condition of employment or service, or
319law, including a social, ceremonial, or athletic function that the peace officer or
320firefighter is assigned to or compensated for by the public agency being served.
321(f) "Occupational disease" means a disease that routinely constitutes a special hazard in,
322or is commonly regarded as concomitant of, the peace officer's or firefighter's
323occupation.
324(g) "Traumatic injury" means a wound or the condition of the body caused by external
325force, including an injury inflicted by bullet, explosive, sharp instrument, blunt
326object, or other physical blow, fire, smoke, chemical, electricity, climatic condition,
327infectious disease, radiation, or bacteria, but excluding an occupational disease.
328(h) "Tuition" means tuition and fees at the rate charged for residents of the state.
329(i)(i) "Utah firefighter" or "firefighter" means a member, including volunteer
330members and members paid on call, of a fire department or other organization that
331provides fire suppression and other fire-related services, of a political subdivision
332who is responsible for or is in a capacity that includes responsibility for the
333extinguishment of fires.
334(ii) "Utah firefighter" or "firefighter" does not include a person whose job
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335description, duties, or responsibilities do not include direct involvement in fire
336suppression.
337      (j) "Utah peace officer" or "peace officer" means an employee of a law enforcement
338agency that is part of or administered by a private postsecondary educational
339institution, the state, or any of its political subdivisions, and whose duties consist
340primarily of the prevention and detection of crime and the enforcement of criminal
341statutes or ordinances of this state or any of its political subdivisions.
342  (2) Subject to the limitations in Subsections (3), (4), and (5), an institution of higher
343      education shall waive tuition for each child and surviving spouse of a Utah peace officer
344      or Utah firefighter who has been killed or is killed in the line of duty if the individual
345      meets the following requirements:
346      (a) applies, qualifies, and is admitted as a full-time, part-time, or summer school student
347in a program of study leading to a degree or certificate;
348      (b) is a resident student of the state as determined under Section 53H-11-202;
349      (c) applies to the department for a waiver of tuition under this section and provides
350evidence satisfactory to the department that:
351(i) the applicant is the surviving spouse or child of a peace officer or firefighter who
352was killed in the line of duty;
353(ii) the course or courses for which the applicant is seeking a tuition waiver meet the
354requirements of Subsection (3); and
355(iii) the applicant meets the other requirements of this section;
356      (d) for a child of a peace officer or firefighter killed in the line of duty, applies under
357Subsection (2)(c) for the first time before turning 25 years old;
358      (e) maintains satisfactory academic progress, as defined by the institution of higher
359education, for each term or semester in which the individual is enrolled, which may
360be measured by the definition used for federal student assistance programs under
361Title IV of the Higher Education Act of 1965; and
362      (f) has not achieved a bachelor's degree and has received tuition reimbursement under
363this section for less than 124 semester credits or 180 quarter credits at an institution
364of higher education.
365  (3) A child or surviving spouse of a peace officer or firefighter who was killed in the line of
366      duty is eligible for a tuition waiver under this section of not more than nine semesters or
367      the equivalent number of quarters.
368  (4) Tuition shall be waived only to the extent that the tuition is not covered or paid by any
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369scholarship, trust fund, statutory benefit, or any other source of tuition coverage
370available for a waiver under this section.
371   (5) An institution of higher education shall waive tuition under this section only for courses
372that are applicable toward the degree or certificate requirements of the program in which
373the child or surviving spouse is enrolled.
374   (6) Upon receiving an application under Subsection (2)(c), the department shall determine
375whether the applicant and the courses for which tuition waiver is sought meet the
376requirements of this section and, if so, shall approve the application and notify the
377institution that the application has been approved.
378   (7) The department shall provide the necessary forms and applications and cooperate with
379the institution of higher education in developing efficient procedures for the
380implementation of this section.
381   (8) The Legislature may annually appropriate the funds necessary to implement this section,
382including money to offset the tuition waivers at each institution.
383Section 7. Section 58-37-3.5 is amended to read:
38458-37-3.5 (Effective 05/06/26) (Repealed 07/01/27). Drugs for behavioral health
385   treatment.
386   (1) As used in this section:
387(a) "Drug" means any form of psilocybin or methylenedioxymethamphetamine that is in
388federal Food and Drug Administration Phase 3 testing for an investigational drug
389described in 21 C.F.R. Part 312.
390(b) "Healthcare system" means:
391(i) a privately-owned, non-profit, vertically-integrated healthcare system that operates
392at least 15 licensed hospitals in the state;[ or]
393(ii) a health care system closely affiliated with an institution of higher education
394listed in Section 53H-1-102[.] ; or
395(iii) a health care system closely affiliated with a private postsecondary educational
396institution as defined in Section 53H-1-101.
397   (2) A healthcare system may develop a behavioral health treatment program that includes a
398treatment based on a drug that the healthcare system determines is supported by a broad
399collection of scientific and medical research.
400   (3) A healthcare system described in Subsection (2):
401(a) shall ensure that a drug used under the exclusive authority of this section is used by a
402patient only under the direct supervision and control of the healthcare system and the
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403healthcare system's health care providers who are licensed under this title; and
404      (b) may not provide treatments that are authorized exclusively under this section to an
405individual who is not at least 18 years old.
406  (4) Before July 1, 2026, a healthcare system that creates a behavioral health treatment
407      program under this section shall provide a written report to the Health and Human
408      Services Interim Committee regarding:
409      (a) drugs used;
410      (b) health outcomes of patients;
411      (c) side effects of any drugs used; and
412      (d) any other information necessary for the Legislature to evaluate the medicinal value
413of any drugs.
414  (5) An individual or entity that complies with this section when using, distributing,
415      possessing, administering, or supervising the use of, a drug is not guilty of a violation of
416      this title.
417Section 8. Section 63G-6a-2404 is amended to read:
41863G-6a-2404 (Effective 05/06/26). Unlawful conduct -- Exceptions --
419  Classification of offenses.
420  (1)(a) It is unlawful for a person who has or is seeking a contract with or a grant from a
421      public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or
422      kickback to:
423(i) the public entity;
424(ii) a procurement professional or contract administration professional; or
425(iii) an individual who the person knows is a family member of an individual
426described in Subsection (1)(a)(ii).
427      (b) It is not unlawful for a public agency to give, offer, promise, or pledge to give a
428contribution to another public agency.
429      (c) A person is not guilty of unlawful conduct under Subsection (1)(a) for:
430(i) giving or offering, promising, or pledging to give a contribution to a public entity,
431unless done with the intent to induce the public entity, in exchange, to:
432(A) award a contract or grant;
433(B) make a procurement decision; or
434(C) take an action relating to the administration of a contract or grant; or
435(ii) giving or offering, promising, or pledging to give something of value to an
436organization to which a procurement professional or contract administration
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437professional belongs, unless done with the intent to induce a public entity, in
438exchange, to:
439(A) award a contract or grant;
440(B) make a procurement decision; or
441(C) take an action relating to the administration of a contract or grant.
442   (2)(a) It is unlawful for a procurement professional or contract administration
443professional, or a family member of either, knowingly to receive or accept, offer or
444agree to receive or accept, or ask for a promise or pledge of, a gratuity or kickback
445from a person who has or is seeking a contract with or a grant from a public entity.
446(b) An individual is not guilty of unlawful conduct under Subsection (2)(a) for receiving
447or accepting, offering or agreeing to receive or accept, or asking for a promise or
448pledge of a contribution on behalf of a public entity, unless done with the intent that
449the public entity, in exchange:
450(i) award a contract or grant;
451(ii) make a procurement decision; or
452(iii) take an action relating to the administration of a contract or grant.
453   (3) Notwithstanding Subsections (1) and (2), it is not unlawful for a person to give or
454receive, offer to give or receive, or promise or pledge to give or ask for a promise or
455pledge of, a hospitality gift, if:
456(a) the total value of the hospitality gift is less than $10; and
457(b) the aggregate value of all hospitality gifts from the person to the recipient in a
458calendar year is less than $50.
459   (4) Notwithstanding Subsections (1) and (2), as part of a standard procurement process
460conducted by an institution of higher education described in Section 53H-1-102:
461(a) the institution or an institution employee acting on the institution's behalf may:
462(i) request a contribution, sponsorship, or other offering for the institution's benefit in
463the institution's solicitation; or
464(ii) consider and evaluate, as part of a solicitation's evaluation criteria, a contribution,
465sponsorship, or other value-added offering offered in a vendor's solicitation
466response; and
467(b) in response to a solicitation that requests a contribution, sponsorship, or other
468offering for the institutions benefit, a vendor may offer a contribution, sponsorship,
469or other offering for the institution's benefit in the vendor's solicitation response.
470   [(4)] (5) A person who engages in the conduct made unlawful under Subsection (1) or (2) is
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471      guilty of:
472      (a) a second degree felony, if the total value of the gratuity or kickback is $1,000 or
473more;
474      (b) a third degree felony, if the total value of the gratuity or kickback is $250 or more
475but less than $1,000;
476      (c) a class A misdemeanor, if the total value of the gratuity or kickback is $100 or more
477but less than $250; and
478      (d) a class B misdemeanor, if the total value of the gratuity or kickback is less than $100.
479  [(5)] (6) The criminal sanctions described in Subsection [(4)] (5) do not preclude the
480      imposition of other penalties for conduct made unlawful under this part, in accordance
481      with other applicable law, including:
482      (a) dismissal from employment or other disciplinary action;
483      (b) for an elected officer listed in Section 77-6-1, removal from office as provided in
484Title 77, Chapter 6, Removal by Judicial Proceedings;
485      (c) requiring the public officer or employee to return the value of the unlawful gratuity
486or kickback; and
487      (d) any other civil penalty provided by law.
488Section 9. Section 76-6-113 is amended to read:
48976-6-113 (Effective 05/06/26). Property damage resulting in economic
490  interruption -- Enhanced penalties.
491  (1)(a) As used in this section:
492(i) "Business" means an enterprise carried on for the purpose of gain or economic
493profit.
494(ii) "Governmental entity" means the state, a county, a municipality, a special district,
495a special service district, a school district, a state institution of higher education, or
496any other political subdivision or administrative unit of the state.
497(iii) "Economic interruption" means any disruption or cessation to the operations of a
498business or governmental entity that results in:
499(A) the business or governmental entity ceasing operations for at least one day; or
500(B) the employees of the business or governmental entity being unable to perform
501labor for the business or governmental entity for at least one day.
502(iv) "Private postsecondary educational institution" means the same as that term is
503defined in Section 53H-1-101.
504      (b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
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505   (2) An actor commits property damage resulting in economic interruption if:
506(a) the actor intentionally, knowingly, recklessly, or negligently damages, defaces, or
507destroys a business's, private postsecondary educational institution's, or governmental
508entity's property; and
509(b) the actor's actions under Subsection (2)(a) cause an economic interruption for the
510business, private postsecondary educational institution, or governmental entity.
511   (3) A violation of Subsection (2) is a class A misdemeanor.
512   (4) It is not a defense under this section that the actor did not know that the victim is a
513business, private postsecondary educational institution, or governmental entity.
514   (5) If the trier of facts finds that the actor committed a violation of Subsection (2), the actor
515is guilty of:
516(a) a third degree felony if the actor has two prior convictions for a violation of
517Subsection (2) within five years before the day on which the actor committed the
518most recent violation of Subsection (2); and
519(b) a second degree felony if the actor has at least three prior convictions for a violation
520of Subsection (2) within five years before the day on which the actor committed the
521most recent violation of Subsection (2).
522   (6) A prior conviction used for a penalty enhancement under Subsection (5) is a conviction
523that is from a separate criminal episode than:
524(a) the most recent violation of Subsection (2); and
525(b) any other prior conviction that is used to enhance the penalty for the most recent
526violation of Subsection (2).
527   (7) The prosecuting attorney, or the grand jury if an indictment is returned, shall include
528notice in the information or indictment that the offense is subject to an enhancement
529under Subsection (5).
530Section 10. Section 76-8-705 is amended to read:
53176-8-705 (Effective 05/06/26). Willful interference with lawful activities of
532   students or faculty.
533   (1)(a) As used in this section[,] :
534(i) [ "institution"] "Institution" means the same as that term is defined in Section
53553H-1-101.
536(ii) "Private postsecondary educational institution" means the same as that term is
537defined in Section 53H-1-101.
538(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
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539  (2) An actor commits willful interference with lawful activities of students or faculty if the
540      actor, while on property that is owned, operated, or controlled by an institution or
541      private postsecondary educational institution, willfully:
542      (a) denies to a student, school official, employee, or invitee lawful:
543(i) freedom of movement;
544(ii) use of the property or facilities; or
545(iii) ingress or egress to the [institution's] institution or private postsecondary
546educational institution's physical facilities;
547      (b) impedes a faculty or staff member of the institution or private postsecondary
548educational institution in the lawful performance of the member's duties; or
549      (c) impedes a student of the institution or private postsecondary educational institution
550in the lawful pursuit of the student's educational activities.
551  (3) A violation of Subsection (2) is a class C misdemeanor.
552Section 11. Section 77-11a-101 is amended to read:
55377-11a-101 (Effective 05/06/26). Definitions.
554     As used in this chapter:
555  (1)(a) "Agency" means an agency of this state or a political subdivision of this state.
556      (b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
557  (2) "Claimant" means:
558      (a) an owner of property;
559      (b) an interest holder; or
560      (c) an individual or entity who asserts a claim to any property for which an agency seeks
561to forfeit.
562  (3)(a) "Computer" means, except as provided in Subsection (3)(c), an electronic,
563      magnetic, optical, electrochemical, or other high-speed data processing device that
564      performs logical, arithmetic, and storage functions.
565      (b) "Computer" includes any device that is used for the storage of digital or electronic
566files, flash memory, software, or other electronic information.
567      (c) "Computer" does not mean a computer server of an [Internet] internet or electronic
568service provider, or the service provider's employee, if used to comply with the
569requirements under 18 U.S.C. Sec. 2258A.
570  (4)(a) "Contraband" means any property, item, or substance that is unlawful to produce
571      or to possess under state or federal law.
572      (b) "Contraband" includes:
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573(i) a controlled substance that is possessed, transferred, distributed, or offered for
574distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act;
575or
576(ii) a computer that:
577(A) contains or houses child sexual abuse material, or is used to create, download,
578transfer, upload to a storage account, or store any electronic or digital files
579containing child sexual abuse material; or
580(B) contains the personal identifying information of another individual, as defined
581in Section 76-6-1101, whether that individual is alive or deceased, and the
582personal identifying information has been used to create false or fraudulent
583identification documents or financial transaction cards in violation of Title 76,
584Chapter 6, Part 5, Fraud.
585   (5) "Controlled substance" means the same as that term is defined in Section 58-37-2.
586   (6) "Court" means a municipal, county, or state court.
587   (7) "Division of Law Enforcement" means the division within the Department of Natural
588Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement.
589   (8) "Evidence" means the same as that term is defined in Section 77-11c-101.
590   (9) "Forfeit" means to divest a claimant of an ownership interest in property seized by a
591peace officer or agency.
592   (10) "Innocent owner" means a claimant who:
593(a) held an ownership interest in property at the time of the commission of an offense
594subjecting the property to seizure, and:
595(i) did not have actual knowledge of the offense subjecting the property to seizure; or
596(ii) upon learning of the commission of the offense, took reasonable steps to prohibit
597the use of the property in the commission of the offense; or
598(b) acquired an ownership interest in the property and had no knowledge that the
599commission of the offense subjecting the property to seizure had occurred or that the
600property had been seized, and:
601(i) acquired the property in a bona fide transaction for value;
602(ii) was an individual, including a minor child, who acquired an interest in the
603property through probate or inheritance; or
604(iii) was a spouse who acquired an interest in property through dissolution of
605marriage or by operation of law.
606   (11)(a) "Interest holder" means a secured party as defined in Section 70A-9a-102, a
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607      party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security
608      interest or encumbrance pertaining to an interest in property, whose interest would be
609      perfected against a good faith purchaser for value.
610      (b) "Interest holder" does not mean a person:
611(i) who holds property for the benefit of or as an agent or nominee for another
612person; or
613(ii) who is not in substantial compliance with any statute requiring an interest in
614property to be:
615(A) recorded or reflected in public records in order to perfect the interest against a
616good faith purchaser for value; or
617(B) held in control by a secured party, as defined in Section 70A-9a-102, in
618accordance with Section 70A-9a-314 in order to perfect the interest against a
619good faith purchaser for value.
620  (12) "Law enforcement agency" means:
621      (a) a municipal, county, state institution of higher education, private postsecondary
622educational institution, or state police force or department;
623      (b) a sheriff's office; or
624      (c) a municipal, county, or state prosecuting authority.
625  (13) "Legislative body" means:
626      (a)(i) the Legislature, county commission, county council, city commission, city
627council, or town council that has fiscal oversight and budgetary approval authority
628over an agency; or
629(ii) the agency's governing political subdivision; or
630      (b) the lead governmental entity of a multijurisdictional task force, as designated in a
631memorandum of understanding executed by the agencies participating in the task
632force.
633  (14) "Multijurisdictional task force" means a law enforcement task force or other agency
634      comprised of individuals who are employed by or acting under the authority of different
635      governmental entities, including federal, state, county, or municipal governments, or any
636      combination of federal, state, county, or municipal agencies.
637  (15) "Owner" means an individual or entity, other than an interest holder, that possesses a
638      bona fide legal or equitable interest in property.
639  (16) "Pawn or secondhand business" means the same as that term is defined in Section
640      13-32a-102.
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641   (17) "Peace officer" means an employee:
642(a) of an agency;
643(b) whose duties consist primarily of the prevention and detection of violations of laws
644of this state or a political subdivision of this state; and
645(c) who is authorized by the agency to seize property.
646   (18)(a) "Proceeds" means:
647(i) property of any kind that is obtained directly or indirectly as a result of the
648commission of an offense; or
649(ii) any property acquired directly or indirectly from, produced through, realized
650through, or caused by an act or omission regarding property under Subsection
651(18)(a)(i).
652(b) "Proceeds" includes any property of any kind without reduction for expenses
653incurred in the acquisition, maintenance, or production of that property, or any other
654purpose regarding property under Subsection (18)(a)(i).
655(c) "Proceeds" is not limited to the net gain or profit realized from the offense that
656subjects the property to seizure.
657   (19)(a) "Property" means all property, whether real or personal, tangible or intangible.
658(b) "Property" does not include contraband.
659   (20) "Prosecuting attorney" means:
660(a) the attorney general and an assistant attorney general;
661(b) a district attorney or deputy district attorney;
662(c) a county attorney or assistant county attorney; and
663(d) an attorney authorized to commence an action on behalf of the state.
664   (21) "Public interest use" means a:
665(a) use by a government agency as determined by the legislative body of the agency's
666jurisdiction; or
667(b) donation of the property to a nonprofit charity registered with the state.
668   (22) "Real property" means land, including any building, fixture, improvement,
669appurtenance, structure, or other development that is affixed permanently to land.
670   (23)(a) "Seized property" means property seized by a peace officer or agency in
671accordance with Section 77-11a-201.
672(b) "Seized property" includes property that the agency seeks to forfeit under Chapter
67311b, Forfeiture of Seized Property.
674Section 12. Section 79-3-202 is amended to read:
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67579-3-202 (Effective 05/06/26). Powers and duties of survey.
676  (1) The survey shall:
677      (a) assist and advise state and local agencies[ and state educational institutions] ,
678institutions of higher education as defined in Section 53H-1-101, and private
679postsecondary educational institutions as defined in Section 53H-1-101 on geologic,
680paleontologic, and mineralogic subjects;
681      (b) collect and distribute reliable information regarding the mineral industry and mineral
682resources, topography, paleontology, and geology of the state;
683      (c) survey the geology of the state, including mineral occurrences and the ores of metals,
684energy resources, industrial minerals and rocks, mineral-bearing waters, and surface
685and ground water resources, with special reference to their economic contents,
686values, uses, kind, and availability in order to facilitate their economic use;
687      (d) investigate the kind, amount, and availability of mineral substances contained in
688lands owned and controlled by the state, to contribute to the most effective and
689beneficial administration of these lands for the state;
690      (e) determine and investigate areas of geologic and topographic hazards that could affect
691the safety of, or cause economic loss to, the citizens of the state;
692      (f) assist local and state agencies in their planning, zoning, and building regulation
693functions by publishing maps, delineating appropriately wide special earthquake risk
694areas, and, at the request of state agencies or other governmental agencies, review the
695siting of critical facilities;
696      (g) cooperate with state agencies, political subdivisions of the state, quasi-governmental
697agencies, federal agencies, schools of higher education, and others in fields of mutual
698concern, which may include field investigations and preparation, publication, and
699distribution of reports and maps;
700      (h) collect and preserve data pertaining to mineral resource exploration and development
701programs and construction activities, such as claim maps, location of drill holes,
702location of surface and underground workings, geologic plans and sections, drill logs,
703and assay and sample maps, including the maintenance of a sample library of cores
704and cuttings;
705      (i) study and analyze other scientific, economic, or aesthetic problems as, in the
706judgment of the board, should be undertaken by the survey to serve the needs of the
707state and to support the development of natural resources and utilization of lands
708within the state;
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709(j) prepare, publish, distribute, and sell maps, reports, and bulletins, embodying the work
710accomplished by the survey, directly or in collaboration with others, and collect and
711prepare exhibits of the geological and mineral resources of this state and interpret
712their significance;
713(k) collect, maintain, and preserve data and information in order to accomplish the
714purposes of this section and act as a repository for information concerning the
715geology of this state;
716(l) stimulate research, study, and activities in the field of paleontology;
717(m) mark, protect, and preserve critical paleontological sites;
718(n) collect, preserve, and administer critical paleontological specimens until the
719specimens are placed in a repository or curation facility;
720(o) administer critical paleontological site excavation records;
721(p) edit and publish critical paleontological records and reports; and
722(q) collect the land use permits described in Sections 10-20-611 and 17-79-608.
723   (2)(a) The survey may maintain as confidential, and not as a public record, information
724provided to the survey by any source.
725(b) The board shall adopt rules in order to determine whether to accept the information
726described in Subsection (2)(a) and to maintain the confidentiality of the accepted
727information.
728(c) The survey shall maintain information received from any source at the level of
729confidentiality assigned to it by the source.
730   (3) Upon approval of the board, the survey shall undertake other activities consistent with
731Subsection (1).
732   (4)(a) Subject to the authority granted to the department, the survey may enter into
733cooperative agreements with the entities specified in Subsection (1)(g), if approved
734by the board, and may accept or commit allocated or budgeted funds in connection
735with those agreements.
736(b) The survey may undertake joint projects with private entities if:
737(i) the action is approved by the board;
738(ii) the projects are not inconsistent with the state's objectives; and
739(iii) the results of the projects are available to the public.
740Section 13. Section 79-6-106 is amended to read:
74179-6-106 (Effective 05/06/26). Hydrogen advisory council.
742   (1) The department shall create a hydrogen advisory council within the office that consists
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743      of seven to nine members appointed by the executive director, in consultation with the
744      director. The executive director shall appoint members with expertise in:
745      (a) hydrogen energy in general;
746      (b) hydrogen project facilities;
747      (c) technology suppliers;
748      (d) hydrogen producers or processors;
749      (e) renewable and fossil based power generation industries; and
750      (f) fossil fuel based hydrogen feedstock providers.
751  (2)(a) Except as required by Subsection (2)(b), a member shall serve a four-year term.
752      (b) The executive director shall, at the time of appointment or reappointment, adjust the
753length of terms to ensure that the terms of council members are staggered so that
754approximately half of the hydrogen advisory council is appointed every two years.
755      (c) When a vacancy occurs in the membership for any reason, the replacement shall be
756appointed for the unexpired term.
757  (3)(a) A majority of the members appointed under this section constitutes a quorum of
758      the hydrogen advisory council.
759      (b) The hydrogen advisory council shall determine:
760(i) the time and place of meetings; and
761(ii) any other procedural matter not specified in this section.
762  (4) A member may not receive compensation or benefits for the member's service, but may
763      receive per diem and travel expenses in accordance with:
764      (a) Section 63A-3-106;
765      (b) Section 63A-3-107; and
766      (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
76763A-3-107.
768  (5) The office shall staff the hydrogen advisory council.
769  (6) The hydrogen advisory council may:
770      (a) develop hydrogen facts and figures that facilitate use of hydrogen fuel within the
771state;
772      (b) encourage cross-state cooperation with states that have hydrogen programs;
773      (c) work with state agencies, the private sector, and other stakeholders, such as
774environmental groups, to:
775(i) recommend realistic goals for hydrogen development that can be executed within
776realistic time frames; and
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777(ii) educate, discuss, consult, and make recommendations in hydrogen related matters
778that benefit the state;
779(d) promote hydrogen research at an institution of higher education or a private
780postsecondary educational institution, as defined in Section 53H-1-101;
781(e) make recommendations regarding how to qualify for federal funding of hydrogen
782projects, including hydrogen related projects for:
783(i) the state;
784(ii) a local government;
785(iii) a privately commissioned project;
786(iv) an educational project;
787(v) scientific development; and
788(vi) engineering and novel technologies;
789(f) make recommendations related to the development of multiple feedstock or energy
790resources in the state such as wind, solar, hydroelectric, geothermal, coal, natural gas,
791oil, water, electrolysis, coal gasification, liquefaction, hydrogen storage, safety
792handling, compression, and transportation;
793(g) make recommendations to establish statewide safety protocols for production,
794transportation, and handling of hydrogen for both residential and commercial
795applications;
796(h) facilitate public events to raise the awareness of hydrogen and hydrogen related fuels
797within the state and how hydrogen can be advantageous to all forms of transportation,
798heat, and power generation;
799(i) review and make recommendations regarding legislation; and
800(j) make other recommendations to the director related to hydrogen development in the
801state.
802Section 14. Effective Date.
803   This bill takes effect on May 6, 2026.
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