Animal Control First Responder Amendments

24
26B-5-121
34A-2-102
53-3-207
53-21-101
53H-11-411
78B-4-501
0
Animal Control First Responder Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Jefferson S. Burton
LONG TITLE
General Description:
This bill amends provisions related to animal control officers.
Highlighted Provisions:
This bill:
classifies animal control officers as first responders in certain instances.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-5-121
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
34A-2-102
, as last amended by Laws of Utah 2023, Chapters 310, 328
53-3-207
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
53-21-101
, as last amended by Laws of Utah 2025, Chapter 135
53H-11-411
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
78B-4-501
, as last amended by Laws of Utah 2023, Chapters 310, 330
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-5-121
is amended to read:
26B-5-121
. Voluntary referrals to substance use and mental health services by
first responders -- Immunity from liability -- Reporting -- Rulemaking.
(1)
As used in this section:
(a)
"First responder" means:
(i)
a law enforcement officer, as that term is defined in Section
53-13-103
;
(ii)
emergency medical service personnel, as that term is defined in Section
53-2d-101
;
(iii)
an emergency medical technician, as that term is defined in Section
53-2e-101
;
(iv)
an advanced emergency medical technician, as that term is defined in Section
53-2e-101
;
(v)
a firefighter, as that term is defined in Section
53H-11-306
;
or
(vi)
a dispatcher, as that term is defined in Section
53-6-102
.
; or
(vii)
an animal control officer, as that term is defined in Section
11-46-102
.
(b)
"Local services list" means a comprehensive list of local substance use or mental
health services, as described in Subsections
17-77-201(5)(b)(iii)
and
17-77-301(5)(c)
.
(2)
As and when appropriate, a first responder is encouraged to offer a referral to substance
use or mental health services to an individual who experiences an intentional or
accidental overdose.
(3)
If an individual expresses interest in substance use or mental health services, a first
responder may, as appropriate:
(a)
facilitate a real-time connection with an appropriate local service provider;
(b)
contact the statewide 988 crisis line for assistance; or
(c)
if the individual does not wish to speak with a service provider at that time, provide
the individual with a physical copy of a local services list.
(4)
(a)
This section does not create a duty for a first responder to offer or provide a
referral to substance use or mental health services.
(b)
A first responder and an employer of a first responder are not liable under this
section for a first responder's action or failure to act in regards to offering or
providing a referral to substance use or mental health services as described in this
section.
(c)
This section does not affect any privilege or immunity from liability, exemption from
law, ordinance, or rule, or any other benefit that applies to a first responder or an
employer of a first responder.
(5)
(a)
If a first responder offers a referral to substance use or mental health services as
described in this section, the first responder's employer shall report annually to the
division the total number of individuals who accepted a referral from all first
responders employed by the employer.
(b)
The division shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, specifying how the reports required by Subsection
(5)(a)
shall be submitted.
Section 2. Section
34A-2-102
is amended to read:
34A-2-102
. Definition of terms.
(1)
As used in this chapter:
(a)
"Average weekly wages" means the average weekly wages as determined under
Section
34A-2-409
.
(b)
"Award" means a final order of the commission as to the amount of compensation
due:
(i)
an injured employee; or
(ii)
a dependent of a deceased employee.
(c)
"Compensation" means the payments and benefits provided for in this chapter or
Chapter 3, Utah Occupational Disease Act
.
(d)
(i)
"Decision" means a ruling of:
(A)
an administrative law judge; or
(B)
in accordance with Section
34A-2-801
:
(I)
the commissioner; or
(II)
the Appeals Board.
(ii)
"Decision" includes:
(A)
an award or denial of a medical, disability, death, or other related benefit
under this chapter or
Chapter 3, Utah Occupational Disease Act
; or
(B)
another adjudicative ruling in accordance with this chapter or
Chapter 3, Utah
Occupational Disease Act
.
(e)
"Director" means the director of the division, unless the context requires otherwise.
(f)
"Disability" means an administrative determination that may result in an entitlement
to compensation as a consequence of becoming medically impaired as to function.
Disability
Disability
can be total or partial, temporary or permanent, industrial or
nonindustrial.
(g)
"Division" means the Division of Industrial Accidents.
(h)
"First responder" means:
(i)
a law enforcement officer, as defined in Section
53-13-103
;
(ii)
an emergency medical technician, as defined in Section
53-2e-101
;
(iii)
an advanced emergency medical technician, as defined in Section
53-2e-101
;
(iv)
a paramedic, as defined in Section
53-2e-101
;
(v)
a firefighter, as defined in Section
34A-3-113
;
(vi)
a dispatcher, as defined in Section
53-6-102
;
or
(vii)
a correctional officer, as defined in Section
53-13-104
.
; or
(viii)
an animal control officer, as defined in Section
11-46-102
.
(i)
"Impairment" is a purely medical condition reflecting an anatomical or functional
abnormality or loss. Impairment may be either temporary or permanent, industrial or
nonindustrial.
(j)
"Order" means an action of the commission that determines the legal rights, duties,
privileges, immunities, or other interests of one or more specific persons, but not a
class of persons.
(k)
(i)
"Personal injury by accident arising out of and in the course of employment"
includes an injury caused by the willful act of a third person directed against an
employee because of the employee's employment.
(ii)
"Personal injury by accident arising out of and in the course of employment" does
not include a disease, except as the disease results from the injury.
(l)
"Safe" and "safety," as applied to employment or a place of employment, means the
freedom from danger to the life or health of employees reasonably permitted by the
nature of the employment.
(2)
As used in this chapter and
Chapter 3, Utah Occupational Disease Act
:
(a)
"Brother or sister" includes a half brother or sister.
(b)
"Child" includes:
(i)
a posthumous child; or
(ii)
a child legally adopted
prior to
before
an injury.
Section 3. Section
53-3-207
is amended to read:
53-3-207
. License certificates or driving privilege cards issued to drivers by class
of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
(1)
As used in this section:
(a)
"Authorized guardian" means:
(i)
the parent or legal guardian of a child who:
(A)
is under 18 years old; and
(B)
has an invisible condition; or
(ii)
the legal guardian or conservator of an adult who:
(A)
is 18 years old or older; and
(B)
has an invisible condition.
(b)
"Driving privilege" means the privilege granted under this chapter to drive a motor
vehicle.
(c)
"First responder" means:
(i)
a law enforcement officer, as defined in Section
53-13-103
;
(ii)
an emergency medical technician, as defined in Section
53-2e-101
;
(iii)
an advanced emergency medical technician, as defined in Section
53-2e-101
;
(iv)
a paramedic, as defined in Section
53-2e-101
;
(v)
a firefighter, as defined in Section
53H-11-306
;
or
(vi)
a dispatcher, as defined in Section
53-6-102
.
; or
(vii)
an animal control officer as defined in Section
11-46-102
.
(d)
"Governmental entity" means the state or a political subdivision of the state.
(e)
"Health care professional" means:
(i)
a licensed physician, physician assistant, nurse practitioner, or mental health
therapist; or
(ii)
any other licensed health care professional the division designates by rule made in
accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(f)
"Invisible condition" means a physical or mental condition that may interfere with an
individual's ability to communicate with a first responder, including:
(i)
a communication impediment;
(ii)
hearing loss;
(iii)
blindness or a visual impairment;
(iv)
autism spectrum disorder;
(v)
a drug allergy;
(vi)
Alzheimer's disease or dementia;
(vii)
post-traumatic stress disorder;
(viii)
traumatic brain injury;
(ix)
schizophrenia;
(x)
epilepsy;
(xi)
a developmental disability;
(xii)
Down syndrome;
(xiii)
diabetes;
(xiv)
a heart condition; or
(xv)
any other condition approved by the department.
(g)
"Invisible condition identification symbol" means a symbol or alphanumeric code
that indicates that an individual is an individual with an invisible condition.
(h)
"Political subdivision" means any county, city, town, school district, public transit
district, community reinvestment agency, special improvement or taxing district,
special district, special service district, an entity created by an interlocal agreement
adopted under
Title 11, Chapter 13, Interlocal Cooperation Act
, or other
governmental subdivision or public corporation.
(i)
"State" means this state, and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, children's justice center,
or other instrumentality of the state.
(2)
(a)
The division shall issue to every individual privileged to drive a motor vehicle, a
regular license certificate, a limited-term license certificate, or a driving privilege
card indicating the type or class of motor vehicle the individual may drive.
(b)
An individual may not drive a class of motor vehicle unless granted the privilege in
that class.
(3)
(a)
Every regular license certificate, limited-term license certificate, or driving
privilege card shall bear:
(i)
the distinguishing number assigned to the individual by the division;
(ii)
the name, birth date, and Utah residence address of the individual;
(iii)
a brief description of the individual for the purpose of identification;
(iv)
any restrictions imposed on the license under Section
53-3-208
;
(v)
a photograph of the individual;
(vi)
a photograph or other facsimile of the individual's signature;
(vii)
an indication whether the individual intends to make an anatomical gift under
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
, unless the
driving privilege is extended under Subsection
53-3-214(3)
; and
(viii)
except as provided in Subsection
(3)(b)
, if the individual states that the
individual is a veteran of the United States military on the application for a driver
license in accordance with Section
53-3-205
and provides verification that the
individual was granted an honorable or general discharge from the United States
Armed Forces, an indication that the individual is a United States military veteran
for a regular license certificate or limited-term license certificate issued on or after
July 1, 2011.
(b)
A regular license certificate or limited-term license certificate issued to an individual
younger than 21 years old on a portrait-style format as required in Subsection
(7)(b)

is not required to include an indication that the individual is a United States military
veteran under Subsection
(3)(a)(viii)
.
(c)
A new license certificate issued by the division may not bear the individual's social
security number.
(d)
(i)
The regular license certificate, limited-term license certificate, or driving
privilege card shall be of an impervious material, resistant to wear, damage, and
alteration.
(ii)
The size, form, and color of the regular license certificate, limited-term license
certificate, or driving privilege card shall be as prescribed by the commissioner.
(iii)
The commissioner may also prescribe the issuance of a special type of limited
regular license certificate, limited-term license certificate, or driving privilege card
under Subsection
53-3-220(4)
.
(4)
(a)
The division shall include or affix an invisible condition identification symbol on
an individual's regular license certificate, limited-term license certificate, or driving
privilege card if the individual or the individual's authorized guardian, on a form
prescribed by the department:
(i)
requests the division to include the invisible condition identification symbol;
(ii)
provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii)
signs a waiver of liability for the release of any medical information to:
(A)
the department;
(B)
any person who has access to the individual's medical information as recorded
on the individual's driving record or the Utah Criminal Justice Information
System under this chapter;
(C)
any other person who may view or receive notice of the individual's medical
information by seeing the individual's regular license certificate, limited-term
license certificate, or driving privilege card or the individual's information in
the Utah Criminal Justice Information System;
(D)
a local law enforcement agency that receives a copy of the form described in
this Subsection
(4)(a)
and enters the contents of the form into the local law
enforcement agency's record management system or computer-aided dispatch
system; and
(E)
a dispatcher who accesses the information regarding the individual's invisible
condition through the use of a local law enforcement agency's record
management system or computer-aided dispatch system.
(b)
As part of the form described in Subsection
(4)(a)
, the department shall advise the
individual or the individual's authorized guardian that by submitting the signed
waiver, the individual or the individual's authorized guardian consents to the release
of the individual's medical information to any person described in Subsections
(4)(a)(iii)(A)
through
(E)
, even if the person is otherwise ineligible to access the
individual's medical information under state or federal law.
(c)
The division may not:
(i)
charge a fee to include the invisible condition identification symbol on the
individual's regular license certificate, limited-term license certificate, or driving
privilege card; or
(ii)
after including the invisible condition identification symbol on the individual's
previously issued regular license certificate, limited-term license certificate, or
driving privilege card, require the individual to provide subsequent written
verification described in Subsection
(4)(a)(ii)
to include the invisible condition
identification symbol on the individual's renewed or extended regular license
certificate, limited-term license certificate, or driving privilege card.
(d)
The division shall confirm with the Division of Professional Licensing that the health
care professional described in Subsection
(4)(a)(ii)
holds a current state license.
(e)
The inclusion of an invisible condition identification symbol on an individual's
license certificate, limited-term license certificate, or driving privilege card in
accordance with Subsection
(4)(a)
does not confer any legal rights or privileges on
the individual, including parking privileges for individuals with disabilities under
Section
41-1a-414
.
(f)
For each individual issued a regular license certificate, limited-term license
certificate, or driving privilege card under this section that includes an invisible
condition identification symbol, the division shall include in the division's database a
brief description of the nature of the individual's invisible condition in the
individual's record and provide the brief description to the Utah Criminal Justice
Information System.
(g)
Except as provided in this section, the division may not release the information
described in Subsection
(4)(f)
.
(h)
Within 30 days after the day on which the division receives an individual's or the
individual's authorized guardian's written request, the division shall:
(i)
remove from the individual's record in the division's database the invisible
condition identification symbol and the brief description described in Subsection
(4)(f)
; and
(ii)
provide the individual's updated record to the Utah Criminal Justice Information
System.
(5)
As provided in Section
63G-2-302
, the information described in Subsection
(4)(a)
is a
private record for purposes of
Title 63G, Chapter 2, Government Records Access and
Management Act
.
(6)
(a)
(i)
The division, upon determining after an examination that an applicant is
mentally and physically qualified to be granted a driving privilege, may issue to
an applicant a receipt for the fee if the applicant is eligible for a regular license
certificate or limited-term license certificate.
(ii)
(A)
The division shall issue a temporary regular license certificate or
temporary limited-term license certificate allowing the individual to drive a
motor vehicle while the division is completing the division's investigation to
determine whether the individual is entitled to be granted a driving privilege.
(B)
A temporary regular license certificate or a temporary limited-term license
certificate issued under this Subsection
(6)
shall be recognized and have the
same rights and privileges as a regular license certificate or a limited-term
license certificate.
(b)
The temporary regular license certificate or temporary limited-term license
certificate shall be in the individual's immediate possession while driving a motor
vehicle, and the temporary regular license certificate or temporary limited-term
license certificate is invalid when the individual's regular license certificate or
limited-term license certificate has been issued or when, for good cause, the privilege
has been refused.
(c)
The division shall indicate on the temporary regular license certificate or temporary
limited-term license certificate a date after which the temporary regular license
certificate or temporary limited-term license certificate is not valid as a temporary
license.
(d)
(i)
Except as provided in Subsection
(6)(d)(ii)
, the division may not issue a
temporary driving privilege card or other temporary permit to an applicant for a
driving privilege card.
(ii)
The division may issue a learner permit issued in accordance with Section
53-3-210.5
to an applicant for a driving privilege card.
(7)
(a)
The division shall distinguish learner permits, temporary permits, regular license
certificates, limited-term license certificates, and driving privilege cards issued to any
individual younger than 21 years old by use of plainly printed information or the use
of a color or other means not used for other regular license certificates, limited-term
license certificates, or driving privilege cards.
(b)
The division shall distinguish a regular license certificate, limited-term license
certificate, or driving privilege card issued to an individual younger than 21 years old
by use of a portrait-style format not used for other regular license certificates,
limited-term license certificates, or driving privilege cards and by plainly printing the
date the regular license certificate, limited-term license certificate, or driving
privilege card holder is 21 years old.
(8)
The division shall distinguish a limited-term license certificate by clearly indicating on
the document:
(a)
that the limited-term license certificate is temporary; and
(b)
the limited-term license certificate's expiration date.
(9)
(a)
The division shall only issue a driving privilege card to an individual whose
privilege was obtained without providing evidence of lawful presence in the United
States as required under Subsection
53-3-205(8)
.
(b)
The division shall distinguish a driving privilege card from a license certificate by:
(i)
use of a format, color, font, or other means; and
(ii)
clearly displaying on the front of the driving privilege card a phrase substantially
similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR
IDENTIFICATION".
(10)
The provisions of Subsection
(7)(b)
do not apply to a learner permit, temporary permit,
temporary regular license certificate, temporary limited-term license certificate, or any
other temporary permit.
(11)
The division shall issue temporary license certificates of the same nature, except as to
duration, as the license certificates that they temporarily replace, as are necessary to
implement applicable provisions of this section and Section
53-3-223
.
(12)
(a)
A governmental entity may not accept a driving privilege card as proof of
personal identification.
(b)
A driving privilege card may not be used as a document providing proof of an
individual's age for any government required purpose.
(13)
An individual who violates Subsection
(2)(b)
is guilty of an infraction.
(14)
Unless otherwise provided, the provisions, requirements, classes, endorsements, fees,
restrictions, and sanctions under this code apply to a:
(a)
driving privilege in the same way as a license or limited-term license issued under
this chapter; and
(b)
limited-term license certificate or driving privilege card in the same way as a regular
license certificate issued under this chapter.
Section 4. Section
53-21-101
is amended to read:
53-21-101
. Definitions.
As used in this chapter:
(1)
"Crime scene investigator technician" means an individual employed by a law
enforcement agency to collect and analyze evidence from crime scenes and
crime-related incidents.
(2)
"Designated mental health resources liaison" means a non-leadership human resources
or other administrative employee designated by a first responder agency who receives
and processes a request for mental health resources on behalf of the first responder
agency under this chapter.
(3)
"First responder" means:
(a)
a law enforcement officer, as defined in Section
53-13-103
;
(b)
an emergency medical technician, as defined in Section
53-2e-101
;
(c)
an advanced emergency medical technician, as defined in Section
53-2e-101
;
(d)
a paramedic, as defined in Section
53-2e-101
;
(e)
a firefighter, as defined in Section
34A-3-113
;
(f)
a dispatcher, as defined in Section
53-6-102
;
(g)
a correctional officer, as defined in Section
53-13-104
;
(h)
a special function officer, as defined in Section
53-13-105
, employed by a local
sheriff;
(i)
an animal control officer, as defined in Section
11-46-102
;
(i)
(j)
a search and rescue worker under the supervision of a local sheriff;
(j)
(k)
a forensic interviewer or victim advocate employed by a children's justice center
established in accordance with Section
67-5b-102
;
(k)
(l)
a credentialed criminal justice system victim advocate as defined in Section
77-38-403
who responds to incidents with a law enforcement officer;
(l)
(m)
a crime scene investigator technician;
(m)
(n)
a wildland firefighter;
(n)
(o)
an investigator or prosecutor of cases involving sexual crimes against children;
or
(o)
(p)
a civilian employee of a first responder agency who has been authorized to view
or otherwise access information concerning crimes, accidents, or other traumatic
events.
(4)
"First responder agency" means:
(a)
a special district, municipality, interlocal entity, or other political subdivision that
employs a first responder to provide fire protection, paramedic, law enforcement, or
emergency services; or
(b)
a certified private law enforcement agency as defined in Section
53-19-102
.
(5)
(a)
"Mental health resources" means:
(i)
an assessment to determine appropriate mental health treatment that is performed
by a mental health therapist;
(ii)
outpatient mental health treatment provided by a mental health therapist; or
(iii)
peer support services provided by a peer support specialist who is qualified to
provide peer support services under Subsection
26B-5-102(2)(gg)
.
(b)
"Mental health resources" includes, at a minimum, the following services:
(i)
regular periodic screenings for all employees within the first responder agency;
(ii)
assessments and availability to mental health services for personnel directly
involved in a critical incident within 48 hours of the incident; and
(iii)
regular and continuing access to the mental health program for:
(A)
spouses and children of first responders;
(B)
first responders who have retired or separated from the agency; and
(C)
spouses of first responders who have retired or separated from the agency.
(6)
"Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(7)
"Plan" means a plan to implement or expand a program that provides mental health
resources to first responders for which the division awards a grant under this chapter.
(8)
"Retired" means the status of an individual who has become eligible, applies for, and
may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit
Act.
(9)
"Separated" means the status of an individual who has separated from employment as a
first responder from a first responder agency as a result of a critical incident involving
the first responder.
(10)
"Small first responder agency" means a first responder agency that:
(a)
has 10 or fewer employees;
(b)
is primarily staffed by volunteers; or
(c)
is located in:
(i)
a county of the third, fourth, fifth, or sixth class;
(ii)
a city of the third, fourth, fifth, or sixth class; or
(iii)
a town.
Section 5. Section
53H-11-411
is amended to read:
53H-11-411
. First Responder Mental Health Services Grant Program.
(1)
As used in this section:
(a)
"First responder" means an individual who works in Utah as:
(i)
a law enforcement officer, as defined in Section
53-13-103
;
(ii)
an emergency medical technician, as defined in Section
53-2e-101
;
(iii)
an advanced emergency medical technician, as defined in Section
53-2e-101
;
(iv)
a paramedic, as defined in Section
53-2e-101
;
(v)
a firefighter, as defined in Section
53H-11-306
;
(vi)
a dispatcher, as defined in Section
53-6-102
;
(vii)
a correctional officer, as defined in Section
53-13-104
;
(viii)
an animal control officer, as defined in Section
11-46-102
;
(viii)
(ix)
a special function officer, as defined in Section
53-13-105
, employed by a
local sheriff;
(ix)
(x)
a search and rescue worker under the supervision of a local sheriff;
(x)
(xi)
a forensic interviewer or victim advocate employed by a children's justice
center established in accordance with Section
67-5b-102
;
(xi)
(xii)
a credentialed criminal justice system victim advocate as defined in Section
77-38-403
who responds to incidents with a law enforcement officer;
(xii)
(xiii)
a crime scene investigator technician;
(xiii)
(xiv)
a wildland firefighter;
(xiv)
(xv)
an investigator or prosecutor of cases involving sexual crimes against
children; or
(xv)
(xvi)
a civilian employee of a first responder agency who has been authorized
to view or otherwise access information concerning crimes, accidents, or other
traumatic events.
(b)
"First responder agency" means the same as that term is defined in Section
53-21-101
.
(c)
"First responder volunteer" means:
(i)
an individual who donates services as a first responder to a first responder agency
located in Utah without pay or other compensation except:
(A)
expenses that the individual actually and reasonably incurs as the supervising
first responder agency approves; and
(B)
health insurance that a participant in the Volunteer Emergency Medical
Service Personnel
Health
Insurance Program described in Section
53-2d-703

receives; or
(ii)
a volunteer firefighter who is not regularly employed as a firefighter service
employee, but who:
(A)
has received training in firefighter techniques and skills;
(B)
continues to receive regular firefighter training; and
(C)
is on the rolls of a legally organized volunteer fire department that provides
ongoing training and serves a political subdivision of the state.
(d)
"Retiree" means the same as that term is defined in Section
49-11-102
.
(2)
This section creates the First Responder Mental Health Services Grant Program.
(3)
Subject to legislative appropriations and Subsection
(8)
, the board shall award a grant to
an applicant who:
(a)
is a first responder, a first responder volunteer, or a retiree who worked as a first
responder in the state; and
(b)
is seeking a post-secondary degree or certification to become a mental health
therapist, as that term is defined in Section
58-60-102
, from:
(i)
an institution of higher education described in Section
53H-1-102
; or
(ii)
a private postsecondary educational institution.
(4)
(a)
Subject to Subsection
(4)(b)
, the board may award a qualified applicant a grant in
an amount that is equal to the difference between:
(i)
the total cost of tuition and fees for the program in which the recipient is enrolled;
and
(ii)
the total value of all other grants, tuition waivers, fee waivers, and scholarships
that the recipient receives to attend the institution.
(b)
A grant award under Subsection
(4)(a)
is limited to:
(i)
a maximum of $6,000 each academic year; and
(ii)
a maximum of four academic years.
(5)
The board shall design the program to ensure that institutions combine loans, grants,
employment, and family and individual contributions toward financing the cost of
attendance.
(6)
The board shall:
(a)
select two periods during each calendar year to accept applications for the program;
and
(b)
accept applications for no fewer than 30 days during each period described in
Subsection
(6)(a)
.
(7)
(a)
The board shall make rules in accordance with Title
63G, Chapter 3
, Utah
Administrative Rulemaking Act, to:
(i)
set deadlines for receiving grant applications and supporting documentation; and
(ii)
establish the application process and an appeal process for the First Responder
Mental Health Services Grant Program.
(b)
The board shall include a disclosure on all applications and related materials that the
amount of the awarded grants may be subject to funding or be reduced, in accordance
with Subsection
(8)
.
(8)
(a)
Subject to future budget constraints, the Legislature shall make an annual
appropriation from the Income Tax Fund to the board for the costs associated with
the First Responder Mental Health Services Grant Program authorized under this
section.
(b)
Notwithstanding the provisions of this section, if the appropriation under this section
is insufficient to cover the costs associated with the First Responder Mental Health
Services Grant Program, the board may:
(i)
reduce the amount of a grant; or
(ii)
distribute grants on a pro rata basis to all eligible applicants who submitted a
complete application before the application deadline.
Section 6. Section
78B-4-501
is amended to read:
78B-4-501
. Good Samaritan Law.
(1)
As used in this section:
(a)
"Child" means an individual of such an age that a reasonable person would perceive
the individual as unable to open the door of a locked motor vehicle, but in any case
younger than 18 years
of age
old
.
(b)
"Emergency" means an unexpected occurrence involving injury, threat of injury, or
illness to a person or the public, including motor vehicle accidents, disasters, actual
or threatened discharges, removal or disposal of hazardous materials, and other
accidents or events of a similar nature.
(c)
"Emergency care" includes actual assistance or advice offered to avoid, mitigate, or
attempt to mitigate the effects of an emergency.
(d)
"First responder" means a state or local:
(i)
law enforcement officer, as defined in Section
53-13-103
;
(ii)
firefighter, as defined in Section
34A-3-113
;
or
(iii)
emergency medical service provider, as defined in Section
53-2d-101
.
; or
(iv)
animal control officer, as defined in Section
11-46-102
.
(e)
"Motor vehicle" means the same as that term is defined in Section
41-1a-102
.
(2)
A person who renders emergency care at or near the scene of, or during, an emergency,
gratuitously and in good faith, is not liable for any civil damages or penalties as a result
of any act or omission by the person rendering the emergency care, unless the person is
grossly negligent or caused the emergency.
(3)
(a)
A person who gratuitously, and in good faith, assists a governmental agency or
political subdivision in an activity described in Subsections
(3)(a)(i)
through
(iii)
is
not liable for any civil damages or penalties as a result of any act or omission, unless
the person rendering assistance is grossly negligent in:
(i)
implementing measures to control the causes of epidemic and communicable
diseases and other conditions significantly affecting the public health, or
necessary to protect the public health as set out in
Title 26A, Chapter 1, Local
Health Departments
;
(ii)
investigating and controlling suspected bioterrorism and disease as set out in
Title
26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for
Communicable Diseases
; and
(iii)
responding to a national, state, or local emergency, a public health emergency as
defined in Section
26B-7-301
, or a declaration by the president of the United
States or other federal official requesting public health-related activities.
(b)
The immunity in this Subsection
(3)
is in addition to any immunity or protection in
state or federal law that may apply.
(4)
(a)
A person who uses reasonable force to enter a locked and unattended motor
vehicle to remove a confined child is not liable for damages in a civil action if all of
the following apply:
(i)
the person has a good faith belief that the confined child is in imminent danger of
suffering physical injury or death unless the confined child is removed from the
motor vehicle;
(ii)
the person determines that the motor vehicle is locked and there is no reasonable
manner in which the person can remove the confined child from the motor vehicle;
(iii)
before entering the motor vehicle, the person notifies a first responder of the
confined child;
(iv)
the person does not use more force than is necessary under the circumstances to
enter the motor vehicle and remove the confined child from the vehicle; and
(v)
the person remains with the child until a first responder arrives at the motor
vehicle.
(b)
A person is not immune from civil liability under this Subsection
(4)
if the person
fails to abide by any of the provisions of Subsection
(4)(a)
or commits any
unnecessary or malicious damage to the motor vehicle.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-7-26 3:10 PM