HB 309

     Enrolled Copy  H.B. 309
1Juneteenth Observance Amendments
                                     2026 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Sandra Hollins
                                 Senate Sponsor: Kirk A. Cullimore
2
3  LONG TITLE
4  General Description:
5      This bill modifies the day on which Juneteenth National Freedom Day is recognized in
6  Utah.
7  Highlighted Provisions:
8      This bill:
9      ▸ provides that Juneteenth National Freedom Day will be recognized in Utah on the same
10  day as the holiday is recognized by the federal government; and
11      ▸ amends parent-time schedules in relation to Juneteenth National Freedom Day.
12  Money Appropriated in this Bill:
13      None
14  Other Special Clauses:
15      This bill provides a special effective date.
16  Utah Code Sections Affected:
17  AMENDS:
18      63G-1-301, as repealed and reenacted by Laws of Utah 2025, Chapter 448
19      81-9-302, as renumbered and amended by Laws of Utah 2024, Chapter 366
20      81-9-303, as last amended by Laws of Utah 2025, Chapter 426
21      81-9-304, as renumbered and amended by Laws of Utah 2024, Chapter 366
22
23  Be it enacted by the Legislature of the state of Utah:
24Section 1. Section 63G-1-301 is amended to read:
2563G-1-301 . Legal holidays -- Personal preference day -- Governor authorized to
26  declare additional legal holidays.
27  (1) The following days are legal holidays in Utah:
28      (a) except as provided in Subsection [(2)(a) or (b)] (2):
     H.B. 309  Enrolled Copy
29(i) January 1, New Year's Day;
30(ii) June 19, Juneteenth National Freedom Day;
31[(ii)] (iii) July 4, Independence Day;
32[(iii)] (iv) July 24, Pioneer Day;
33[(iv)] (v) November 11, Veterans Day;
34[(v)] (vi) December 25, Christmas; and
35[(vi)] (vii) a day designated by proclamation issued by the president of the United
36States or the governor as a day of fasting or thanksgiving;
37(b)(i) the first Sunday after the first full moon that occurs on or after the spring
38equinox, Easter Sunday;
39(ii) the third Monday of January, Dr. Martin Luther King, Jr. Day;
40(iii) the third Monday of February, Washington and Lincoln Day;
41(iv) the last Monday of May, Memorial Day;
42(v) the first Monday of September, Labor Day;
43(vi) the second Monday of October, Columbus Day; and
44(vii) the fourth Thursday of November, Thanksgiving Day; and
45[(viii) except as provided in Subsection (2)(c) or (d), June 19, Juneteenth National
46Freedom Day; and]
47(c) except as provided in Subsection (3), every Sunday.
48   (2)(a) If a day described in Subsection (1)(a) falls on a Saturday, the preceding Friday is
49the legal holiday.
50(b) If a day described in Subsection (1)(a) falls on a Sunday, the following Monday is
51the legal holiday.
52[(c) If June 19 falls on a Tuesday, Wednesday, Thursday, or Friday, the preceding
53Monday is the legal holiday.]
54[(d) If June 19 falls on Saturday or Sunday, the following Monday is the legal holiday.]
55   (3) For purposes of Utah Constitution, Article VI, Section 16, Subsection (1), regarding the
56exclusion of state holidays from the 45-day legislative general session, Sunday is not
57considered a state holiday.
58   (4) Each employee may select one additional day, called Personal Preference Day, to be
59scheduled in accordance with rules made, in accordance with Title 63G, Chapter 3, Utah
60Administrative Rulemaking Act, by the Division of Human Resource Management,
61which the employee may use to observe a state holy day, as described in Section
6263G-1-1101, or any other day the employee chooses to recognize.
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63  (5)(a) If, in the governor's opinion, extraordinary conditions exist justifying the action,
64the governor may:
65(i) declare, by proclamation, legal holidays in addition to those legal holidays
66described in Subsections (1) and (2); or
67(ii) limit the legal holidays described in Subsection (5)(a)(i) to certain classes of
68business and activities to be designated by the governor.
69(b) Except as provided in Subsection (5)(c), a legal holiday described in Subsection
70(5)(a) may not extend for a longer period than 60 consecutive days.
71(c) The governor may, by proclamation:
72(i) renew a legal holiday described in Subsection (5)(a) for one or more periods not
73exceeding 30 days each as the governor determines necessary; or
74(ii) terminate a legal holiday described under Subsection (5)(a) or (b) earlier than the
75time period described in a preceding proclamation.
76Section 2. Section 81-9-302 is amended to read:
7781-9-302 . Minimum schedule for parent-time for a minor child five to 18 years
78  old.
79  (1) The parent-time schedule in this section applies to a minor child who is five to 18 years
80old.
81  (2) If the parties do not agree to a parent-time schedule for a minor child described in
82Subsection (1), the following schedule is considered the minimum parent-time to which
83the noncustodial parent is entitled to the minor child:
84(a)(i) one weekday evening to be specified by the noncustodial parent or the court or
85Wednesday evening if not specified, beginning at 5:30 p.m. and ending at 8:30
86p.m.; or
87(ii) at the election of the noncustodial parent, one weekday to be specified by the
88noncustodial parent or the court:
89(A) beginning at the time that the minor child's school is regularly dismissed and
90ending at 8:30 p.m.; or
91(B) if school is not in session, the noncustodial parent is available to be with the
92minor child, and in accommodation with the custodial parent's work schedule,
93beginning at 9 a.m. and ending at 8:30 p.m.;
94(b)(i) beginning on the first weekend after entry of the decree, alternating weekends
95beginning at 6 p.m. on Friday and ending on Sunday at 7 p.m.; or
96(ii) at the election of the noncustodial parent and beginning on the first weekend after
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97the entry of the decree, alternating weekends:
98(A) beginning at the time that the minor child's school is regularly dismissed on
99Friday and ending on Sunday at 7 p.m.; or
100(B) if school is not in session, the noncustodial parent is available to be with the
101minor child, and in accommodation with the custodial parent's work schedule,
102beginning on Friday at 9 a.m. and ending on Sunday at 7 p.m.;
103(c) each holiday granted to the noncustodial parent in accordance with the holiday
104schedule described in Subsection (12); and
105(d) extended parent-time with the minor child when school is not in session for summer
106break in accordance with Subsection (3).
107   (3)(a) For extended parent-time with the minor child under Subsection (2)(d) and at the
108election of the noncustodial parent, the noncustodial parent is entitled up to four
109weeks of parent-time with the minor child, which may be consecutive, when school is
110not in session for summer break.
111(b) For the four weeks of extended parent-time for a noncustodial parent under
112Subsection (3)(a):
113(i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
114noncustodial parent; and
115(ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
116for a weekday visit on the same day on which the noncustodial parent is granted
117weekday day parent-time.
118(c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
119two weeks, which may be consecutive, when school is not in session for summer
120break.
121   (4)(a) Each parent shall provide notification to the other parent of the parent's plans for
122the exercise of extended parent-time for summer break under Subsection (3).
123(b) For the notification requirement under Subsection (4)(a):
124(i) in odd-numbered years:
125(A) the noncustodial parent shall provide notice to the custodial parent by May 1;
126and
127(B) the custodial parent shall provide notice to the noncustodial parent by May 15;
128and
129(ii) in even-numbered years:
130(A) the custodial parent shall provide notice to the noncustodial parent by May 1;
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131and
132(B) the noncustodial parent shall provide notice to the custodial parent by May 15.
133      (c)(i) If a parent fails to provide a notification within the time periods described in
134Subsection (4)(b), the complying parent may determine the schedule for summer
135break for the noncomplying parent.
136(ii) If both parents fail to provide notice within the time periods described in
137Subsection (4)(b), the first parent to provide notice may determine the schedule
138for summer break for the other parent.
139      (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
140Subsection (3)(b)(ii), the custodial parent shall provide notification to the
141noncustodial parent of the intent to interrupt parent-time within 10 days after the day
142on which the custodial parent receives notification of the noncustodial parent's plans
143for the exercise of interrupted extended parent-time.
144  (5)(a) An election should be made by the noncustodial parent at the time of entry of the
145      divorce decree or court order, except that the election may be changed by mutual
146      agreement, court order, or by the noncustodial parent in the event of a change in the
147      minor child's schedule.
148      (b) An election by either parent concerning parent-time shall be made a part of the
149decree and made a part of the parent-time order.
150  (6)(a) Changes may not be made to the parent-time schedule under this section, except
151      that if a conflict arises in the parent-time schedule, the following order of precedence
152      shall be applied when determining which parent is entitled to parent-time:
153(i) the holiday schedule for Mother's Day or Father's Day under Subsection (12);
154(ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
155uninterrupted extended parent-time under Subsection (3) and takes the minor child
156away from that parent's residence during the uninterrupted extended parent-time;
157(iii) the holiday schedule for any holiday under Subsection (12) that is not Father's
158Day, Mother's Day, or the minor child's birthday;
159(iv) extended parent-time under Subsection (3); and
160(v) the schedule for weekday or weekend parent-time.
161      (b) A parent exercising parent-time for the minor child's birthday may bring other
162siblings along for the minor child's birthday.
163  (7) A stepparent, grandparent, or other responsible adult designated by the noncustodial
164      parent, may pick up the minor child for parent-time if the custodial parent is aware of
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165the identity of the individual and the noncustodial parent will be with the minor child by
1667 p.m.
167    (8) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
168shall be responsible for the minor child's attendance at school for that school day.
169    (9) If there is more than one minor child and the minor children's school schedules vary for
170purpose of a holiday, at the option of the parent exercising the holiday or the parent's
171half of the holiday, the minor children may remain together for the holiday period
172beginning the first evening that all minor children's schools are dismissed for the holiday
173and ending the evening before any minor child returns to school.
174    (10)(a) Telephone contact shall be at reasonable hours and for a reasonable duration.
175(b)(i) Virtual parent-time, if the equipment is reasonably available and the parents
176reside at least 100 miles apart, shall be at reasonable hours and for reasonable
177duration.
178(ii) If the parties cannot agree on whether the equipment is reasonably available, the
179court shall decide whether the equipment for virtual parent-time is reasonably
180available, taking into consideration:
181(A) the best interests of the minor child;
182(B) each parent's ability to handle any additional expenses for virtual parent-time;
183and
184(C) any other factors the court considers material.
185(c) Virtual parent-time supplements, but does not replace, in-person parent-time.
186    (11) If there is a minor child five to 18 years old and a minor child under five years old and
187both minor children are the children of the parties, the parents and the court should
188consider an upward deviation for parent-time with all the minor children so that
189parent-time is uniform based on a schedule under this section.
190    (12) The following table is the holiday schedule for parent-time under this section.
191    Holiday  Holiday Time Period  Years  Years Custodial
                                                                       Noncustodial  Parent is Granted
                                                                       Parent is Granted    Holiday
                                                                       Holiday
192    Dr. Martin Luther     (1) Holiday begins Friday at:(a) 9 a.m. Odd years  Even years
    King Jr. Day  if school is not in session and the parent
                          can be with the minor child;
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                     (b) the time that school is regularly
                     dismissed; or
                     (c) 6 p.m. at the election of the parent
                     granted the holiday.
                     (2) Holiday ends at 7 p.m. on Dr.
                     Martin Luther King Jr. Day.
193    President's Day   (1) Holiday begins Friday at:  Even years        Odd years
                     (a) 9 a.m. if school is not in session and
                     the parent can be with the minor child;
                     (b) the time that school is regularly
                     dismissed; or
                     (c) 6 p.m. at the election of the parent
                     granted the holiday.
                     (2) Holiday ends at 7 p.m. on the day
                     before school resumes.
194    Spring Break      (1) Holiday begins at 6 p.m. on the day Odd years  Even years
                     that school dismisses for spring break.
                     (2) Holiday ends at 7 p.m. on the day
                     before school resumes.
195    Memorial Day      (1) Holiday begins Friday at:  Even years        Odd years
                     (a) 9 a.m. if school is not in session and
                     the parent can be with the minor child;
                     (b) the time that school is regularly
                     dismissed; or
                     (c) 6 p.m. at the election of the parent
                     granted the holiday.
                     (2) Holiday ends at 7 p.m. on Memorial
                     Day.
196    Mother's Day      (1) Holiday begins on Mother's Day at 9 All years if  All years if custodial
                     a.m.  noncustodial      parent is the mother
                     (2) Holiday ends on Mother's Day at 7        parent is the     or other parent
                     p.m.  mother or other   granted the holiday
                                                                  parent granted    in the order.
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                                                                  the holiday in the
                                                                  order.
197    Father's Day        (1) Holiday begins on Father's Day at 9 All years if  All years if custodial
                       a.m.  noncustodial  parent is the father
                       (2) Holiday ends on Father's Day at 7      parent is the  or other parent
                       p.m.  father or other       granted the holiday
                                                                  parent granted        in the order.
                                                                  the holiday in the
                                                                  order.
198    Juneteenth National [(1) Holiday begins at:  Even years  Odd years
   Freedom Day  (a) 6 p.m. on the day before Juneteenth
                       National Freedom Day if the day before
                       Juneteenth National Freedom Day is not
                       Father's Day; or
                       (b) 9 a.m. on Juneteenth National
                       Freedom Day if the day before
                       Juneteenth National Freedom Day is
                       Father's Day.
                       (2) Holiday ends at 6 p.m. on the day
                       following Juneteenth National Freedom
                       Day.]
                       (1) Holiday begins on June 18th at 7
                       p.m. and ends on June 20th at 7 p.m., if
                       Father's Day is on a day other than June
                       19th or June 20th.
                       (2) Holiday begins on June 18th at 7
                       p.m. and ends on June 20th at 9 a.m., if
                       Father's Day is on June 20th.
                       (3) Holiday begins on June 19th at 7
                       p.m. and ends on June 20th at 7 p.m., if
                       Father's Day is on June 19th.
199    Independence Day (1) Holiday begins on July 3rd at 6 p.m. Odd years  Even years
                       (2) Holiday ends on July 5th at 6 p.m.
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200    Pioneer Day    (1) Holiday begins on July 23rd at 6  Even years   Odd years
                  p.m.
                  (2) Holiday ends on July 25th at 6 p.m.
201    Labor Day      (1) Holiday begins on Friday at:  Odd years    Even years
                  (a) 9 a.m. if school is not in session and
                  the parent can be with the minor child;
                  (b) the time that school is regularly
                  dismissed; or
                  (c) 6 p.m. at the election of the parent
                  granted the holiday.
                  (2) Holiday ends at 7 p.m. on Labor
                  Day.
202    Columbus Day   (1) Holiday begins at 6 p.m. on the day Even years        Odd years
                  before Columbus Day.
                  (2) Holiday ends at 7 p.m. on Columbus
                  Day.
203    Fall Break     (1) Holiday begins at 6 p.m. on the day Odd years  Even years
                  school is dismissed for fall break.
                  (2) Holiday ends at 7 p.m. on the day
                  before school resumes.
204    Halloween      (1) Holiday begins on October 31st or        Even years   Odd years
                  the day that Halloween is traditionally
                  celebrated in the local community:
                  (a) at the time that school is dismissed;
                  or
                  (b) at 4 p.m. if there is no school.
                  (2) Holiday ends at 9 p.m. on the same
                  day the holiday begins.
205    Veterans Day   (1) Holiday begins at 6 p.m. on the day Odd years  Even years
                  before Veterans Day.
                  (2) Holiday ends at 7 p.m. on Veterans
                  Day.
206    Thanksgiving   (1) Holiday begins on Wednesday at:  Even years   Odd years
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                             (a) 6 p.m.; or
                             (b) the time school is regularly
                             dismissed for Thanksgiving at the
                             election of the parent granted the
                             holiday.
                             (2) Holiday ends at 7 p.m. on the day
                             before school resumes.
207    Winter Break (First (1) Holiday begins at:  Odd years  Even years
    Half)  (a) 6 p.m. on the day on that school
                             dismisses for winter break; or
                             (b) the time school is regularly
                             dismissed on the day that school
                             dismisses for winter break at the election
                             of the parent granted the holiday.
                             (2) Holiday ends on December 27th at 7
                             p.m.
208    Winter Break  (1) Holiday begins on December 27th at Even years  Odd years
    (Second Half)  7 p.m.
                             (2) Holiday ends at 7 p.m. on the day
                             before school resumes.
209    Day of Minor  (1) Holiday begins at 3 p.m.  Even years  Odd years
    Child's Birthday  (2) Holiday ends at 9 p.m.
210    Day Before or  (1) Holiday begins at 3 p.m.  Odd years  Even years
    After Minor Child's (2) Holiday ends at 9 p.m.
    Birthday
211Section 3. Section 81-9-303 is amended to read:
21281-9-303 . Optional schedule for parent-time for a minor child five to 18 years
213    old.
214    (1)(a) The optional parent-time schedule in this section applies to a minor child who is
215five to 18 years old.
216(b) For purposes of calculating child support, the optional parent-time schedule in this
217section is 145 overnights.
218(c) Any impact on child support shall be consistent with joint physical custody.
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219  (2) The parents and the court may consider the increased parent-time schedule in this
220      section as a minimum parent-time schedule when the parties agree or the noncustodial
221      parent can demonstrate:
222      (a) the noncustodial parent has been actively involved in the minor child's life;
223      (b) the parties can communicate effectively regarding the minor child or the
224noncustodial parent has a plan to accomplish effective communications regarding the
225minor child;
226      (c) the noncustodial parent has the ability to facilitate the increased parent-time;
227      (d) the increased parent-time would be in the best interest of the minor child; and
228      (e) any other factor the court considers relevant.
229  (3) In determining whether a noncustodial parent has been actively involved in the minor
230      child's life, the court shall consider:
231      (a) demonstrated responsibility in caring for the minor child;
232      (b) involvement in childcare;
233      (c) presence or volunteer efforts in the minor child's school and at extracurricular
234activities;
235      (d) assistance with the minor child's homework;
236      (e) involvement in preparation of meals, bath time, and bedtime for the minor child;
237      (f) bonding with the minor child; and
238      (g) any other factor the court considers relevant.
239  (4) In determining whether a noncustodial parent has the ability to facilitate the increased
240      parent-time, the court shall consider:
241      (a) the geographic distance between the residences of the parents and the distance
242between the parents' residences and the minor child's school;
243      (b) the noncustodial parent's ability to assist with after school care;
244      (c) the health of the minor child and the noncustodial parent in accordance with
245Subsection 81-9-204(4);
246      (d) flexibility of employment or another schedule of the noncustodial parent;
247      (e) ability to provide appropriate playtime with the minor child;
248      (f) history and ability of the noncustodial parent to implement a flexible schedule for the
249minor child;
250      (g) physical facilities of the noncustodial parent's residence; and
251      (h) any other factor the court considers relevant.
252  (5) If the parties agree or the court enters an order for the optional parent-time schedule
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253under this section, a parenting plan in compliance with Section 81-9-203 shall be filed
254with any order incorporating the optional parent-time schedule described in Subsection
255(6).
256   (6) The following schedule is considered the optional parent-time to which the noncustodial
257parent is entitled to the minor child:
258(a)(i) one weekday evening to be specified by the noncustodial parent or the court or
259Wednesday evening if not specified, beginning at 5:30 p.m. and ending the
260following day upon delivering the minor child to school or at 8 a.m. if there is no
261school; or
262(ii) at the election of the noncustodial parent, one weekday specified by the
263noncustodial parent or the court:
264(A) beginning at the time the minor child's school is regularly dismissed until the
265following day upon delivering the minor child to school or at 8 a.m. if there is
266no school; or
267(B) if there is no school, the noncustodial parent is available to be with the minor
268child, and in accommodation with the custodial parent's work schedule,
269beginning at 8 a.m. and ending on the following day upon delivering the minor
270child to school or at 8 a.m. if there is no school;
271(b)(i) beginning the first weekend after the entry of the decree, alternating weekends
272beginning at 6 p.m. on Friday and ending on Monday upon delivering the minor
273child to school or at 8 a.m. if there is no school; or
274(ii) at the election of the noncustodial parent, beginning the first weekend after the
275entry of the decree, alternating weekends:
276(A) beginning at the time the minor child's school is regularly dismissed on Friday
277and ending on Monday upon delivering the minor child to school or at 8 a.m. if
278there is no school; or
279(B) if there is no school, the noncustodial parent is available to be with the minor
280child, and in accommodation with the custodial parent's work schedule,
281beginning on Friday at 9 a.m. and ending on Monday upon delivering the
282minor child to school or at 8 a.m. if there is no school;
283(c) each holiday granted to the noncustodial parent in accordance with the holiday
284schedule described in Subsection (15); and
285(d) extended parent-time with the minor child when school is not in session for summer
286break in accordance with Subsection (7).
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287  (7)(a) For extended parent-time with the minor child under Subsection (6)(d) and at the
288      election of the noncustodial parent, the noncustodial parent is entitled up to four
289      weeks of parent-time with the minor child, which may be consecutive, when school is
290      not in session for summer break.
291      (b) For the four weeks of extended parent-time for a noncustodial parent under
292Subsection (7)(a):
293(i) two weeks, which may be consecutive, shall be uninterrupted parent-time for the
294noncustodial parent; and
295(ii) two weeks, which may be consecutive, may be interrupted by the custodial parent
296for a weekday visit on the same day on which the noncustodial parent is granted
297weekday day parent-time.
298      (c) A custodial parent is entitled to uninterrupted parent-time with the minor child for
299two weeks, which may be consecutive, when school is not in session for summer
300break.
301  (8)(a) Each parent shall provide notification to the other parent of the parent's plans for
302      the exercise of parent-time for summer break under Subsection (7).
303      (b) For the notification requirement under Subsection (8)(a):
304(i) in odd-numbered years:
305(A) the noncustodial parent shall provide notice to the custodial parent by May 1;
306and
307(B) the custodial parent shall provide notice to the noncustodial parent by May 15;
308and
309(ii) in even-numbered years:
310(A) the custodial parent shall provide notice to the noncustodial parent by May 1;
311and
312(B) the noncustodial parent shall provide notice to the custodial parent by May 15.
313      (c)(i) If a parent fails to provide a notification within the time periods described in
314Subsection (8)(b), the complying parent may determine the schedule for summer
315break for the noncomplying parent.
316(ii) If both parents fail to provide notice within the time periods described in
317Subsection (8)(b), the first parent to provide notice may determine the schedule
318for summer break for the other parent.
319      (d) If a custodial parent intends to interrupt a noncustodial parent's parent-time under
320Subsection (7)(b)(ii), the custodial parent shall provide notification to the
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321noncustodial parent of the intent to interrupt parent-time within 10 days after the day
322on which the custodial parent receives notification of the noncustodial parent's plans
323for the exercise of interrupted extended parent-time.
324   (9)(a) An election should be made by the noncustodial parent at the time of entry of the
325divorce decree or court order, except that the election may be changed by mutual
326agreement, court order, or by the noncustodial parent in the event of a change in the
327minor child's schedule.
328(b) An election by either parent concerning parent-time shall be made a part of the
329decree and made a part of the parent-time order.
330   (10)(a) Changes may not be made to the parent-time schedule under this section, except
331that if a conflict arises in the parent-time schedule, the following order of precedence
332shall be applied when determining which parent is entitled to parent-time:
333(i) the holiday schedule for Mother's Day or Father's Day under Subsection (15);
334(ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
335uninterrupted extended parent-time under Subsection (7) and takes the minor child
336away from that parent's residence during the uninterrupted extended parent-time;
337(iii) the holiday schedule for any holiday under Subsection (15) that is not Father's
338Day, Mother's Day, or the minor child's birthday;
339(iv) extended parent-time under Subsection (7); and
340(v) the schedule for weekday or weekend parent-time.
341(b) A parent exercising parent-time for the minor child's birthday may bring other
342siblings along for the minor child's birthday.
343   (11) A stepparent, grandparent, or other responsible adult designated by the noncustodial
344parent, may pick up the minor child for parent-time if the custodial parent is aware of
345the identity of the individual and the noncustodial parent will be with the minor child by
3467 p.m.
347   (12) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
348shall be responsible for the minor child's attendance at school for that school day.
349   (13) If there is more than one minor child and the minor children's school schedules vary
350for purpose of a holiday, at the option of the parent exercising the holiday or the parent's
351half of the holiday, the minor children may remain together for the holiday period
352beginning the first evening that all minor children's schools are dismissed for the holiday
353and ending the evening before any minor child returns to school.
354   (14) If there is a minor child five to 18 years old and a minor child under five years old and
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355both minor children are the children of the parties, the parents and the court should
356consider an upward deviation for parent-time with all the minor children so that
357parent-time is uniform based on a schedule under this section.
358   (15) The following table is the holiday schedule for parent-time under this section.
359    Holiday  Holiday Time Period  Years  Years Custodial
                                                                    Noncustodial  Parent is Granted
                                                                    Parent is Granted    Holiday
                                                                    Holiday
360    Dr. Martin Luther (1) Holiday begins Friday at:(a) 9 a.m. if Odd years  Even years
    King Jr. Day      school is not in session and the parent can
                      be with the minor child;
                      (b) the time that school is regularly
                      dismissed; or
                      (c) 6 p.m. at the election of the parent
                      granted the holiday.
                      (2) Holiday ends:
                      (a) upon delivering of the minor child to
                      school on the day following Dr. Martin
                      Luther King Jr. Day; or
                      (b) at 8 a.m. on the day following Dr.
                      Martin Luther King Jr. Day if there is no
                      school.
361    President's Day   (1) Holiday begins Friday at:  Even years  Odd years
                      (a) 9 a.m. if school is not in session and
                      the parent can be with the minor child;
                      (b) the time that school is regularly
                      dismissed; or
                      (c) 6 p.m. at the election of the parent
                      granted the holiday.
                      (2) Holiday ends:
                      (a) upon delivering the minor child to
                      school on the day following President's
                      Day; or
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                  (b) at 8 a.m. on the day following
                  President's Day if there is no school.
362    Spring Break   (1) Holiday begins at 6 p.m. on the day      Odd years  Even years
                  that school dismisses for spring break.
                  (2) Holiday ends:
                  (a) upon delivering the minor child to
                  school on the day following the end of
                  spring break; or
                  (b) at 8 a.m. on the day following the end
                  of spring break if there is no school.
363    Memorial Day   (1) Holiday begins Friday at:  Even years  Odd years
                  (a) 9 a.m. if school is not in session and
                  the parent can be with the minor child;
                  (b) the time that school is regularly
                  dismissed; or
                  (c) 6 p.m. at the election of the parent
                  granted the holiday.
                  (2) Holiday ends:
                  (a) upon delivering the minor child to
                  school on the day following Memorial
                  Day; or
                  (b) at 8 a.m. on the day following
                  Memorial Day if there is no school.
364    Mother's Day   (1) Holiday begins on Mother's Day at 9 All years if  All years if custodial
                  a.m.  noncustodial        parent is the mother
                  (2) Holiday ends on Mother's Day at 7        parent is the       or other parent
                  p.m.  mother or other     designated in the
                                                               parent designated order.
                                                               in the order.
365    Father's Day   (1) Holiday begins on Father's Day at 9      All years if        All years if custodial
                  a.m.  noncustodial        parent is the father
                  (2) Holiday ends on Father's Day at 7        parent is the father or other parent
                  p.m.  or other parent
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                                                               designated in the   designated in the
                                                               order.  order.
366    Juneteenth     [(1) Holiday begins at:  Even years  Odd years
   National       (a) 6 p.m. on the day before Juneteenth
   Freedom Day    National Freedom Day if the day before
                  Juneteenth National Freedom Day is not
                  Father's Day; or
                  (b) 9 a.m. on Juneteenth National
                  Freedom Day if the day before Juneteenth
                  National Freedom Day is Father's Day.
                  (2) Holiday ends at 6 p.m. on the day
                  following Juneteenth National Freedom
                  Day.]
                  (1) Holiday begins on June 18th at 7
                  p.m. and ends on June 20th at 7 p.m., if
                  Father's Day is on a day other than June
                  19th or June 20th.
                  (2) Holiday begins on June 18th at 7
                  p.m. and ends on June 20th at 9 a.m., if
                  Father's Day is on June 20th.
                  (3) Holiday begins on June 19th at 7
                  p.m. and ends on June 20th at 7 p.m., if
                  Father's Day is on June 19th.
367    Independence   (1) Holiday begins on July 3rd at 6 p.m. Odd years  Even years
   Day  (2) Holiday ends on July 5th at 6 p.m.
368    Pioneer Day    (1) Holiday begins on July 23rd at 6 p.m. Even years  Odd years
                  (2) Holiday ends on July 25th at 6 p.m.
369    Labor Day      (1) Holiday begins Friday at:  Odd years  Even years
                  (a) 9 a.m. if school is not in session and
                  the parent can be with the minor child;
                  (b) the time that school is regularly
                  dismissed; or
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H.B. 309  Enrolled Copy
                  (c) 6 p.m. at the election of the parent
                  granted the holiday.
                  (2) Holiday ends:
                  (a) upon delivering the minor child to
                  school on the day following Labor Day;
                  or
                  (b) at 8 a.m. on the day following Labor
                  Day if there is no school.
370    Columbus Day   (1) Holiday begins at 6 p.m. on the day      Even years   Odd years
                  before Columbus Day.
                  (2) Holiday ends at 7 p.m. on Columbus
                  Day.
371    Fall Break     (1) Holiday begins at 6 p.m. on the day      Odd years    Even years
                  school is dismissed for fall break.
                  (2) Holiday ends:
                  (a) upon delivering the minor child to
                  school on the day following the end of
                  fall break; or
                  (b) at 8 a.m. on the day following the end
                  of fall break if there is no school.
372    Halloween      (1) Holiday begins on October 31st or        Even years   Odd years
                  the day that Halloween is traditionally
                  celebrated in the local community:
                  (a) at the time that school is dismissed;
                  or
                  (b) at 4 p.m. if there is no school.
                  (2) Holiday ends at 9 p.m. on the same
                  day the holiday begins.
373    Veterans Day   (1) Holiday begins at 6 p.m. on the day      Odd years    Even years
                  before Veterans Day.
                  (2) Holiday ends at 7 p.m. on Veterans
                  Day.
374    Thanksgiving   (1) Holiday begins on Wednesday at:  Even years   Odd years
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                       (a) 6 p.m.; or
                       (b) the time school is regularly dismissed
                       for Thanksgiving at the election of the
                       parent granted the holiday.
                       (2) Holiday ends:
                       (a) upon delivering the minor child
                       to school on the Monday following
                       Thanksgiving; or
                       (b) at 8 a.m. on the Monday following
                       Thanksgiving if there is no school.
375    Winter Break       (1) Holiday begins at:  Odd years        Even years
    (First Half)       (a) 6 p.m. on the day that school
                       dismisses for winter break; or
                       (b) the time school is regularly dismissed
                       on the day that school dismisses for
                       winter break at the election of the parent
                       granted the holiday.
                       (2) Holiday ends on December 27th at 7
                       p.m.
376    Winter Break       (1) Holiday begins on December 27th at Even years  Odd years
    (Second Half)      7 p.m.
                       (2) Holiday ends upon delivering the
                       minor child to school on the day that
                       school resumes after the winter break.
377    Day of Minor       (1) Holiday begins at 3 p.m.  Even years       Odd years
    Child's Birthday   (2) Holiday ends at 9 p.m.
378    Day Before or      (1) Holiday begins at 3 p.m.  Odd years        Even years
    After Minor        (2) Holiday ends at 9 p.m.
    Child's Birthday
379Section 4. Section 81-9-304 is amended to read:
38081-9-304 . Minimum schedule for parent-time for a minor child under five years
381   old.
382   (1) The parent-time schedule in this section applies to a minor child who is younger than
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H.B. 309  Enrolled Copy
383five years old.
384   (2) If the parties do not agree to a parent-time schedule, the schedules in Subsections (3)
385through (8) are considered the minimum parent-time to which the noncustodial parent is
386entitled to the minor child.
387   (3) For a minor child who is younger than five months old, the noncustodial parent is
388entitled to:
389(a) three two-hour visits every week; and
390(b) two hours for each holiday granted to the noncustodial parent in the holiday schedule
391under Subsection (15).
392   (4) For a minor child who is at least five months old but younger than nine months old, the
393noncustodial parent is entitled to:
394(a) three three-hour visits every week; and
395(b) two hours for each holiday granted to the noncustodial parent in the holiday schedule
396under Subsection (15).
397   (5) For a minor child who is at least nine months old but younger than 12 months old, the
398noncustodial parent is entitled to:
399(a) one eight-hour visit every week;
400(b) one three-hour visit every week; and
401(c) eight hours for each holiday granted to the noncustodial parent in accordance with
402the holiday schedule under Subsection (15).
403   (6) For a minor child who is at least 12 months old but younger than 18 months old, the
404noncustodial parent is entitled to:
405(a) one three-hour visit every week;
406(b) one eight-hour visit on alternating weekends to be specified by the noncustodial
407parent or court;
408(c) an overnight visit on opposite weekends from Subsection (6)(b) beginning at 6 p.m.
409on Friday and ending at noon on Saturday; and
410(d) eight hours for each holiday granted to the noncustodial parent in the holiday
411schedule under Subsection (15).
412   (7) For a minor child who is at least 18 months old but younger than three years old, the
413noncustodial parent is entitled to:
414(a) one weekday evening to be specified by the noncustodial parent or the court:
415(i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
416(ii) if the minor child is being cared for during the day outside the minor child's
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417regular place of residence and with advance notice to the custodial parent,
418beginning at the time that the minor child is picked up from the caregiver and
419ending at 8:30 p.m.;
420      (b) beginning on the first weekend after the entry of the decree, alternating weekends
421beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
422      (c) each holiday granted to the noncustodial parent in accordance with the holiday
423schedule described in Subsection (15); and
424      (d) extended parent-time for two one-week periods, separated by at least four weeks, at
425the option of the noncustodial parent, as follows:
426(i) one week of uninterrupted parent-time for the noncustodial parent; and
427(ii) one week of interrupted parent-time where the custodial parent may have an equal
428amount of weekday parent-time as the noncustodial parent on the same day on
429which the noncustodial parent is granted weekday parent-time under Subsection
430(7)(a).
431  (8) For a minor child who is at least three years old but younger than five years old, the
432      noncustodial parent is entitled to:
433      (a) one weekday evening to be specified by the noncustodial parent or the court:
434(i) beginning at 5:30 p.m. and ending at 8:30 p.m.; or
435(ii) if the minor child is being cared for during the day outside the minor child's
436regular place of residence and with advance notice to the custodial parent,
437beginning at the time that the minor child is picked up from the caregiver and
438ending at 8:30 p.m.;
439      (b) beginning on the first weekend after the entry of the decree, alternating weekends
440beginning at 6 p.m. on Friday and ending at 7 p.m. on Sunday;
441      (c) each holiday granted to the noncustodial parent in accordance with the holiday
442schedule described in Subsection (15); and
443      (d) extended parent-time for two two-week periods, separated by at least four weeks, at
444the option of the noncustodial parent, as follows:
445(i) two weeks of uninterrupted parent-time, which may be consecutive, for the
446noncustodial parent; and
447(ii) two weeks of interrupted parent-time, which may be consecutive, where the
448custodial parent may have an equal amount of weekday parent-time as the
449noncustodial parent on the same day on which the noncustodial parent is granted
450weekday parent-time under Subsection (8)(a).
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H.B. 309  Enrolled Copy
451   (9) For a minor child who is at least 18 months old but younger than five years old, the
452custodial parent is entitled to one week of uninterrupted extended parent-time.
453   (10)(a) For a minor child who is nine months old or older, the noncustodial parent shall
454have at least two times a week:
455(i) brief telephone contact at reasonable hours and for a reasonable duration; and
456(ii) virtual parent-time, if the equipment is reasonably available and the parents reside
457at least 100 miles apart, at reasonable hours and for reasonable duration.
458(b) If the parties cannot agree on whether the equipment is reasonably available, the
459court shall decide whether the equipment for virtual parent-time is reasonably
460available, taking into consideration:
461(i) the best interests of the minor child;
462(ii) each parent's ability to handle any additional expenses for virtual parent-time; and
463(iii) any other factors the court considers material.
464(c) Virtual parent-time supplements, but does not replace, in-person parent-time.
465   (11) For a minor child who is younger than nine months old, unless the parents agree
466otherwise, parent-time should take place in the home of the custodial parent, an
467established child-care setting, or other environment familiar to the minor child.
468   (12)(a) Changes may not be made to the parent-time schedule under this section, except
469that if a conflict arises in the parent-time schedule, the following order of precedence
470shall be applied when determining which parent is entitled to parent-time:
471(i) the holiday schedule for Mother's Day or Father's Day under Subsection (15);
472(ii) the holiday schedule for the minor child's birthday, unless a parent is exercising
473uninterrupted extended parent-time under Subsection (7)(d), (8)(d), or (9) and
474takes the minor child away from that parent's residence during the uninterrupted
475extended parent-time;
476(iii) the holiday schedule for any holiday under Subsection (15) that is not Father's
477Day, Mother's Day, or the minor child's birthday;
478(iv) extended parent-time under Subsection (7)(d), (8)(d), or (9); and
479(v) the schedule for weekday or weekend parent-time.
480(b) A parent exercising parent-time for the minor child's birthday may bring other
481siblings along for the minor child's birthday.
482   (13) If a holiday falls on a regularly scheduled school day, the parent exercising parent-time
483shall be responsible for the minor child's attendance at school for that school day.
484   (14) A parent shall notify the other parent at least 30 days in advance of the parent's plans
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485for the exercise of extended parent-time under Subsection (7)(d), (8)(d), or (9).
486   (15) The following table is the holiday schedule for parent-time under this section.
487    Holiday  Holiday Time Period  Years  Years Custodial
                                                                    Noncustodial  Parent is Granted
                                                                    Parent is Granted     Holiday
                                                                    Holiday
488    Dr. Martin Luther (1) Holiday begins on Friday at:(a) 9  Odd years  Even years
    King Jr. Day      a.m. if the parent is available to be with
                      the minor child; or
                      (b) 6 p.m. at the election of the parent
                      granted the holiday.
                      (2) Holiday ends at 7 p.m. on Dr. Martin
                      Luther King Jr. Day.
489    President's Day   (1) Holiday begins on Friday at:  Even years  Odd years
                      (a) 9 a.m. if the parent is available to be
                      with the minor child; or
                      (b) 6 p.m. at the election of the parent
                      granted the holiday.
                      (2) Holiday ends at 7 p.m. on President's
                      Day.
490    Spring Break      (1) Holiday begins at 6 p.m. on the day       Odd years  Even years
                      that school dismisses for spring break.
                      (2) Holiday ends at 7 p.m. on the day
                      before school resumes.
491    Memorial Day      (1) Holiday begins on Friday at:  Even years  Odd years
                      (a) 9 a.m. if the parent is available to be
                      with the minor child; or
                      (b) 6 p.m. at the election of the parent
                      granted the holiday.
                      (2) Holiday ends at 7 p.m. on Memorial
                      Day.
492    Mother's Day      (1) Holiday begins on Mother's Day at 9 All years if  All years if custodial
                      a.m.  noncustodial  parent is the mother
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H.B. 309  Enrolled Copy
                  (2) Holiday ends on Mother's Day at 7      parent is the       or other parent
                  p.m.  mother or other     designated in the
                                                             parent designated order.
                                                             in the order.
493    Father's Day   (1) Holiday begins on Father's Day at 9    All years if        All years if custodial
                  a.m.  noncustodial        parent is the father
                  (2) Holiday ends on Father's Day at 7      parent is the father or other parent
                  p.m.  or other parent     designated in the
                                                             designated in the   order.
                                                             order.
494    Juneteenth     [(1) Holiday begins at:  Even years  Odd years
   National       (a) 6 p.m. on the day before Juneteenth
   Freedom Day    National Freedom Day if the day before
                  Juneteenth National Freedom Day is not
                  Father's Day; or
                  (b) 9 a.m. on Juneteenth National
                  Freedom Day if the day before Juneteenth
                  National Freedom Day is Father's Day.
                  (2) Holiday ends at 6 p.m. on the day
                  following Juneteenth National Freedom
                  Day.]
                  (1) Holiday begins on June 18th at 7
                  p.m. and ends on June 20th at 7 p.m., if
                  Father's Day is on a day other than June
                  19th or June 20th.
                  (2) Holiday begins on June 18th at 7
                  p.m. and ends on June 20th at 9 a.m., if
                  Father's Day is on June 20th.
                  (3) Holiday begins on June 19th at 7
                  p.m. and ends on June 20th at 7 p.m., if
                  Father's Day is on June 19th.
495    Independence   (1) Holiday begins on July 3rd at 6 p.m. Odd years  Even years
   Day  (2) Holiday ends on July 5th at 6 p.m.
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496    Pioneer Day    (1) Holiday begins on July 23rd at 6 p.m. Even years       Odd years
                  (2) Holiday ends on July 25th at 6 p.m.
497    Labor Day      (1) Holiday begins on Friday at:  Odd years    Even years
                  (a) 9 a.m. if the parent is available to be
                  with the minor child; or
                  (b) 6 p.m. at the election of the parent
                  granted the holiday.
                  (2) Holiday ends at 7 p.m. on Labor Day.
498    Columbus Day   (1) Holiday begins at 6 p.m. on the day       Even years   Odd years
                  before Columbus Day.
                  (2) Holiday ends at 7 p.m. on Columbus
                  Day.
499    Fall Break     (1) Holiday begins at 6 p.m. on the day       Odd years    Even years
                  school is dismissed for fall break.
                  (2) Holiday ends at 7 p.m. on the day
                  before school resumes.
500    Halloween      (1) Holiday begins on October 31st or  Even years   Odd years
                  the day that Halloween is traditionally
                  celebrated in the local community:
                  (a) at the time that school is dismissed;
                  or
                  (b) at 4 p.m. if there is no school.
                  (2) Holiday ends at 9 p.m. on the same
                  day the holiday begins.
501    Veterans Day   (1) Holiday begins at 6 p.m. on the day       Odd years    Even years
                  before Veterans Day.
                  (2) Holiday ends at 7 p.m. on Veterans
                  Day.
502    Thanksgiving   (1) Holiday begins at 6 p.m. on the day       Even years   Odd years
                  that school dismisses for Thanksgiving.
                  (2) Holiday ends at 7 p.m. on day before
                  school resumes.
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 H.B. 309  Enrolled Copy
503    Winter Break        (1) Holiday begins at 6 p.m. on the day      Odd years    Even years
    (First Half)        on that school dismisses for winter break.
                        (2) Holiday ends on December 27th at 7
                        p.m.
504    Winter Break        (1) Holiday begins on December 27th at Even years  Odd years
    (Second Half)       7 p.m.
                        (2) Holiday ends at 7 p.m. on the day
                        before school resumes.
505    Day of Minor        (1) Holiday begins at 3 p.m.  Even years   Odd years
    Child's Birthday    (2) Holiday ends at 9 p.m.
506    Day Before or       (1) Holiday begins at 3 p.m.  Odd years    Even years
    After Minor  (2) Holiday ends at 9 p.m.
    Child's Birthday
507Section 5. Effective Date.
508    This bill takes effect on January 1, 2027.
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