Utah Code § 67-20-4 — Utah Code / Title 67 / Chapter 67-20 / § 67-20-4
§ 67-20-4. Approval of volunteer.
Status: in_force

(1) Except as approval is provided under Subsection (2), a volunteer may not donate any service to an agency unless the volunteer's services are approved by the chief executive of that agency or an authorized agency representative. (2) When the county sheriff determines that a search and rescue emergency situation exists that requires law enforcement action, the county sheriff may approve a volunteer who offers to donate a service for any law enforcement related activity conducted in response to the emergency situation.
Utah Code § 67-4a-215 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-215
§ 67-4a-215. Knowledge of death of insured or annuitant.
Status: in_force

(1) As used in this section: (a) "Death master file" means: (i) the United States Social Security Administration death master file; or (ii) another database or service that is at least as comprehensive as the United States Social Security Administration death master file for determining that an individual has reportedly died. (b) "Special administrator" means the same as that term is defined in Section 75-1-201. (2) With respect to a life or endowment insurance policy or annuity contract for which an amount is owed on proof of death, but which has not matured by proof of death of the insured or annuitant, the company is deemed to have knowledge of the death of an insured or annuitant when: (a) the company receives a death certificate or court order determining that the insured or annuitant has died; (b) due diligence, performed as required under Section 31A-22-1903, to maintain contact with the insured or annuitant to determine whether the insured or annuitant has died validates the death of the insured or annuitant; (c) the company conducts a comparison for any purpose between a death master file and the names of some of the company's insureds or annuitants and finds a match that provides notice that the insured or annuitant has died, and the company validates the death; or (d) the company: (i) receives notice of the death of the insured or annuitant from a special administrator, beneficiary, policy owner, relative of the insured, or trustee or from a personal representative, executor, or other legal representative of the insured's or annuitant's estate; and (ii) validates the death of the insured or annuitant. (3) A death master file match under Subsection (2)(c) occurs if the criteria for an exact or partial match are satisfied as provided by: (a) a law of this state other than this chapter, including Section 31A-22-1903; or (b) a rule or policy adopted by the Insurance Department. (4) A death master file match does not constitute proof of death for the purpose of a beneficiary, annuitant, or owner of an insurance policy or annuitant contract submitting a claim to an insurance company. (5) The death master file match or validation of the insured's or annuitant's death does not alter the requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim to receive proceeds under the terms of the policy or contract. (6) If a provision in Section 31A-22-1903 does not establish a time for validation of a death of an insured or annuitant, the insurance company shall make a good faith effort using other available records and information, no later than 90 days after the insurance company has notice of the death, to: (a) validate the death; and (b) document the effort taken. (7) This section does not affect the determination of the extent to which an insurance company, before May 14, 2019: (a) had knowledge of the death of an insured or annuitant; or (b) was required to conduct a death master file comparison to determine whether amounts owed by the company on a life or endowment insurance policy or annuity contract were presumed or abandoned.
Utah Code § 67-1b-104 — Utah Code / Title 67 / Chapter 67-1b / § 67-1b-104
§ 67-1b-104. Duties during transition period.
Status: in_force

(1) During a transition period, the executive branch shall: (a) provide any lawful assistance that the incoming gubernatorial administration may reasonably request related to the transition between gubernatorial administrations; and (b) take reasonable steps to: (i) avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and (ii) facilitate an efficient transition between gubernatorial administrations. (2) During a transition period, the incoming gubernatorial administration shall take reasonable steps to: (a) avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and (b) facilitate an efficient transition between gubernatorial administrations. (3) (a) During a transition period, the executive branch shall timely provide a governor-elect, upon the governor-elect's request, with all records and information from the executive branch upon any subject relating to the executive branch's condition, expenditures, expenses, management, operations, personnel, and receipts. (b) For a record requested by a governor-elect under Subsection (3)(a) that is classified as private or protected under Title 63G, Chapter 2, Government Records Access and Management Act, there is a rebuttable presumption that disclosure of the record to the governor-elect meets the conditions for disclosure under Subsection 63G-2-201(5). (c) A governor-elect who receives records under this Subsection (3) is subject to the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, governing the use and disclosure of records. (d) The disclosure of a record that is classified as private or protected to a governor-elect does not affect the classification of that record under Title 63G, Chapter 2, Government Records Access and Management Act.
Utah Code § 67-4a-902 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-902
§ 67-4a-902. When property subject to recovery by another state.
Status: in_force

(1) Property held under this chapter by the administrator is subject to the right of another state to take custody of the property if: (a) (i) the property was paid or delivered to the administrator because the records of the holder did not reflect a last known address in the other state of the apparent owner; and (ii) (A) the other state establishes that the last known address of the apparent owner or other person entitled to the property was in the other state; or (B) under the law of the other state, the property has become subject to a claim by the other state of abandonment; (b) the records of the holder did not accurately identify the owner of the property, the last known address of the owner was in another state, and, under the law of the other state, the property has become subject to a claim by the other state of abandonment; (c) the property was subject to the custody of the administrator of this state under Section 67-4a-305 and, under the law of the state of domicile of the holder, the property has become subject to a claim by the state of domicile of the holder of abandonment; or (d) the property: (i) is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered to the administrator under Section 67-4a-306; and (ii) under the law of the other state, has become subject to a claim by the other state of abandonment. (2) A claim by another state to recover property under this section shall be presented in a form prescribed by the administrator, unless the administrator waives presentation of the form. (3) (a) The administrator shall decide a claim under this section not later than 90 days after it is presented. (b) If the administrator determines that the other state is entitled under Subsection (1) to custody of the property, the administrator shall allow the claim and pay or deliver the property to the other state. (4) The administrator may require another state, before recovering property under this section, to agree to indemnify this state and its agents, officers, and employees against any liability on a claim to the property.
Utah Code § 67-4a-1009 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-1009
§ 67-4a-1009. Administrator's contract with another to conduct examination.
Status: in_force

(1) The administrator may contract with a person to conduct an examination under this chapter. (2) If the administrator contracts with a person under Subsection (1): (a) the contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee; and (b) a contingent fee arrangement may not provide for a payment that exceeds 15% of the amount or value of property paid or delivered as a result of the examination. (3) A contract under Subsection (1) is a public record under Section 63G-2-301.
Utah Code § 67-26-102 — Utah Code / Title 67 / Chapter 67-26 / § 67-26-102
§ 67-26-102. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of an employee to another employee of the same employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine: (i) is intended to cause intimidation, humiliation, or unwarranted distress; (ii) results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or (iii) exploits an employee's known physical or psychological disability. (b) "Abusive conduct" does not mean a single act unless the act is an especially severe and egregious act that meets the standard described in Subsection (1)(a)(i), (ii), or (iii). (2) "Abusive conduct complaint process" means the process described in Section 67-26-202. (3) "Administrative review process" means a process that allows an employee, in relation to the findings of an abusive conduct investigation, to seek an administrative review that: (a) an employer conducts in accordance with Section 67-26-202; or (b) in relation to a state executive branch agency, the Career Service Review Office conducts in accordance with Section 67-19a-501. (4) "Division" means the Division of Human Resource Management. (5) (a) "Employee" means an employee of an employer. (b) "Employee" includes an elected or appointed official of an employer. (6) "Employer" means: (a) a state executive branch agency; or (b) an independent entity, as defined in Section 63E-1-102. (7) "Office" means the Career Service Review Office created under Section 67-19a-201. (8) "Physical harm" means the impairment of an individual's physical health or bodily integrity, as established by competent evidence. (9) "Psychological harm" means the impairment of an individual's mental health, as established by competent evidence. (10) (a) "State executive branch agency" means a department, division, office, bureau, or other organization within the state executive branch. (b) "State executive branch agency" includes an agency under the authority of the governor, lieutenant governor, state treasurer, state auditor, or attorney general. (c) "State executive branch agency" does not include the Utah System of Higher Education or an independent entity, as defined in Section 63E-1-102.
Utah Code § 67-4a-1006 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-1006
§ 67-4a-1006. Failure of person examined to retain records.
Status: in_force

(1) If a person subject to examination under Section 67-4a-1002 does not retain the records required by Section 67-4a-404, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under Subsection 67-4a-1003(1) and in accordance with Subsection 67-4a-1003(2). (2) A payment made based on estimation under this section is a penalty for failure to maintain the records required by Section 67-4a-404 and does not relieve a person from an obligation to report and deliver property to a state in which the holder is domiciled.
Utah Code § 67-19a-501 — Utah Code / Title 67 / Chapter 67-19a / § 67-19a-501
§ 67-19a-501. Procedural steps to be followed in an administrative review of an abusive conduct investigation.
Status: in_force

(1) An employee of a state executive branch agency, as defined in Section 67-26-102, may, under Subsection 67-19a-202(3), initiate an administrative review of the findings of an abusive conduct investigation within 10 days after the day on which the employee receives notification of the investigative findings. (2) (a) An employee bringing an administrative review of the findings described in Subsection (1) may file the request for the administrative review directly with the office. (b) The request for administrative review may describe the reasons for the administrative review and include any submissions the employee desires to submit. (3) (a) When an employee initiates the review described in Subsection (2) with the office: (i) the role of the administrative review is to review and rule upon the findings of the abusive conduct investigation; and (ii) an evidentiary hearing is not required. (b) The division shall make the abusive conduct investigative file available for the office's in camera review. (c) The office may: (i) request additional relevant documents from the division or the affected employee; and (ii) interview the employee who initiated the administrative review and the investigators who conducted the investigation. (4) (a) The office may overturn the findings of the abusive conduct investigation if the office determines that: (i) the findings are not reasonable, rational, or sufficiently supported by the evidence; or (ii) the facts on which the findings are based are inaccurate. (b) The office may uphold the findings of the abusive conduct investigation if the office determines that: (i) the findings are reasonable, rational, and sufficiently supported by the evidence; and (ii) the facts on which the findings are based are accurate. (5) (a) Within 30 days after the day on which an employee initiates an administrative review under this section, the office shall issue a notice stating whether the office upheld or overturned the investigative findings. (b) The office's determination upon administrative review of the findings resulting from an abusive conduct investigation is final and not subject to appeal. (c) The following are classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act, and any other applicable confidentiality provisions: (i) the request for administrative review and any accompanying documents; (ii) documents that any party provides; (iii) the contents of the administrative review file; and (iv) the office's determination.
Utah Code § 67-4-20 — Utah Code / Title 67 / Chapter 67-4 / § 67-4-20
§ 67-4-20. Precious metals-backed electronic payment system.
Status: in_force

(1) As used in this section: (a) "Contractor" means the same as that term is defined in Section 63G-6a-103. (b) "Participating contractor" means a contractor that chooses to receive payment from the state through a precious metals-backed electronic payment system. (c) "Precious metals-backed electronic payment system" means an electronic payment system that: (i) uses physical gold or silver held in vault facilities within the state as backing for electronic transactions; (ii) enables a system participant to redeem physical gold or silver; and (iii) enables the state to make payments to a participating contractor. (d) (i) "System participant" means a person who: (A) maintains an account within a precious metals-backed electronic payment system; (B) conducts one or more transactions using a precious metals-backed electronic payment system; or (C) holds redemption rights for physical gold or silver within a precious metals-backed electronic payment system. (ii) "System participant" includes a participating contractor. (2) The state treasurer shall: (a) in consultation with the Division of Finance, contract with one or more third parties to establish and operate a precious metals-backed electronic payment system on the state's behalf; (b) ensure that the precious metals-backed electronic payment system complies with all applicable provisions of Title 51, Chapter 7, State Money Management Act; (c) consult with the State Tax Commission on potential tax implications of the precious metals-backed electronic payment system; (d) evaluate the options and implications for allowing state employees to receive compensation through the precious metals-backed electronic payment system; and (e) annually submit a written report to the Revenue and Taxation Interim Committee describing the status and performance of the precious metals-backed electronic payment system. (3) The Division of Finance shall: (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the use of the precious metals-backed electronic payment system by participating contractors; (b) evaluate the options for and implications of integration of the precious metals-backed electronic payment system into the statewide accounting system; and (c) evaluate the options and implications of allowing state employees to receive compensation through the precious metals-backed electronic payment system. (4) To select a contractor described in Subsection (2)(a), the state treasurer shall: (a) issue a request for proposals in accordance with Title 63G, Chapter 6a, Part 7, Request for Proposals; (b) include security, efficiency, and cost-effectiveness in the request for proposal's evaluation criteria; and (c) ensure that the final contract requires that the precious metals-backed electronic payment system: (i) is publicly available; and (ii) complies with all applicable state and federal laws and regulations. (5) When a system participant receives a payment or redeems physical gold or silver through the precious metals-backed electronic payment system, the system participant shall pay any transactional costs associated with the transaction. (6) Nothing in this section: (a) requires a contractor to participate in the precious metals-backed electronic payment system; (b) requires a state entity to participate in the precious metals-backed electronic payment system; or (c) prevents the state from using other forms of payment or currency for the state's operations.
Utah Code § 67-5a-1 — Utah Code / Title 67 / Chapter 67-5a / § 67-5a-1
§ 67-5a-1. Utah Prosecution Council -- Duties -- Membership.
Status: in_force

(1) There is created within the Office of the Attorney General the Utah Prosecution Council, referred to as the council in this chapter. (2) The council shall: (a) (i) provide training and continuing legal education for state and local prosecutors; and (ii) ensure that any training or continuing legal education described in Subsection (2)(a)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements; (b) provide assistance to local prosecutors; (c) as funds are available and as are budgeted for this purpose, provide reimbursement for unusual expenses related to prosecution for violations of state laws; (d) provide training and assistance to law enforcement officers, as required elsewhere within this code; and (e) (i) gather and maintain contact information for all prosecuting entities in the state; (ii) provide the contact information for all prosecuting entities in the state to the Utah state courts; and (iii) publish the contact information for all prosecuting entities in the state on the council's website. (3) The council shall be composed of 12 members, selected as follows: (a) the attorney general or a designated representative; (b) the commissioner of public safety or a designated representative; (c) four currently serving county or district attorneys designated by the county or district attorneys' section of the Utah Association of Counties; (d) four city prosecutors designated as follows: (i) two by the Utah Municipal Attorneys Association; and (ii) two by the Utah Misdemeanor Prosecutors Association; (e) the chair of the Board of Directors of the Statewide Association of Prosecutors and Public Attorneys of Utah; and (f) the chair of the governing board of the Utah Prosecutorial Assistants Association. (4) Council members designated in Subsections (3)(c) and (3)(d) shall be approved by a majority vote of currently serving council members. (5) A county or district attorney's term expires when a successor is designated by the county or district attorneys' section or when the county or district attorney is no longer serving as a county attorney or district attorney, whichever occurs first. (6) A city prosecutor's term expires when a successor is designated by the association or when the city prosecutor is no longer employed as a city prosecutor, whichever occurs first.
Utah Code § 67-4a-402 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-402
§ 67-4a-402. Content of report.
Status: in_force

(1) The report required under Section 67-4a-401 shall: (a) be signed by or on behalf of the holder and verified as to the report's completeness and accuracy; (b) if filed electronically, be in a secure format approved by the administrator that protects confidential information of the apparent owner; (c) describe the property; (d) except for a traveler's check, money order, or similar instrument, contain the name, if known, last known address, if known, and social security number or taxpayer identification number, if known or readily ascertainable, of the apparent owner of property with a value of $50 or more; (e) for an amount held or owing under a life or endowment insurance policy or annuity contract, contain the name and last known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary; (f) for property held in or removed from a safe-deposit box, indicate the location of the property, where the property may be inspected by the administrator, and any amounts owed to the holder under Section 67-4a-606; (g) contain the commencement date for determining abandonment under Part 2, Presumption of Abandonment; (h) state that the holder has complied with the notice requirements of Section 67-4a-501; (i) identify property that is a nonfreely transferable security and explain why the property is a nonfreely transferable security; and (j) contain other information the administrator prescribes by rules. (2) (a) A report under Section 67-4a-401 may include in the aggregate items valued under $50 each. (b) If the report includes items in the aggregate valued under $50 each, the administrator may not require the holder to provide the name and address of an apparent owner of an item unless the information is necessary to verify or process a claim in progress by the apparent owner. (3) A report under Section 67-4a-401 may include personal information as defined in Subsection 67-4a-1401(1) about the apparent owner or the apparent owner's property. (4) If a holder has changed the holder's name while holding property presumed abandoned or is a successor to another person that previously held the property for the apparent owner, the holder shall include in the report under Section 67-4a-401: (a) the holder's former name or the name of the previous holder, if any; and (b) the known name and address of each previous holder of the property.
Utah Code § 67-5-35 — Utah Code / Title 67 / Chapter 67-5 / § 67-5-35
§ 67-5-35. Lawful use of force -- Training program.
Status: in_force

(1) (a) The attorney general is authorized to administer and coordinate the provision of legal and practical training for law enforcement officers in the state regarding the constitutional and lawful use of force, including: (i) best practices in reducing law enforcement officer use of force; and (ii) legal foundations and limitations on law enforcement officer authority under Section 76-2-404, the Utah Constitution or laws of the state, and the United States Constitution or laws of the United States. (b) Under Subsection (1)(a), the attorney general may create a training center and provide: (i) technology integrating legal training on the use of force by law enforcement officers; (ii) best practices regarding law enforcement officer response to threatening situations; and (iii) law enforcement officer tactical training, including: (A) virtual reality simulator training; (B) investigation of a use of force incident; and (C) legal documentation of use of force. (2) (a) The attorney general shall make available statewide legal and practical training for law enforcement officers in the state and informational materials regarding law enforcement officer use of force and related subjects. (b) The training and informational materials shall include programs and information specifically designed to address: (i) pre-escalation recognition of potential resistance and law enforcement officer response options that do not involve force; (ii) decision-making skills regarding use of force; (iii) management of law enforcement officer stress during threatening situations; (iv) tactical disengagement; (v) sanctity and preservation of life; (vi) investigating and critiquing a law enforcement officer incident of use of force; and (vii) the legal foundations and limitations on law enforcement officer authority under the Utah Constitution or laws of the state and the United States Constitution or laws of the United States. (c) The attorney general shall work with state and local agencies to ensure the most effective use of resources in providing training for law enforcement officers throughout the state. (3) The attorney general may employ staff necessary to implement the training center created under this section.
Utah Code § 67-16-3 — Utah Code / Title 67 / Chapter 67-16 / § 67-16-3
§ 67-16-3. Definitions.
Status: in_force

As used in this chapter: (1) "Agency" means: (a) any department, division, agency, commission, board, council, committee, authority, or any other institution of the state or any of its political subdivisions; or (b) an association as defined in Section 53G-7-1101. (2) "Agency head" means the chief executive or administrative officer of any agency. (3) "Assist" means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. (4) "Business entity" means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. (5) "Compensation" means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. (6) "Controlled, private, or protected information" means information classified as controlled, private, or protected in Title 63G, Chapter 2, Government Records Access and Management Act, or other applicable provision of law. (7) "Filing clerk" means: (a) the special district clerk, for a special public officer who holds an office on: (i) the board of trustees of a special district; or (ii) the governing body of a special service district; or (b) the chief administrative officer, for a special public officer who holds an office on a local school board. (8) "Governing body" means: (a) the legislative body of a county, city, or town that establishes a special service district, if an administrative control board has not been appointed under Section 17D-1-301; or (b) the administrative control board of a special service district, if the administrative control board has been appointed under Section 17D-1-301. (9) "Governmental action" means any action on the part of the state, a political subdivision, or an agency, including: (a) any decision, determination, finding, ruling, or order; and (b) any grant, payment, award, license, contract, subcontract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act in respect to. (10) "Improper disclosure" means disclosure of controlled, private, or protected information to any person who does not have the right to receive the information. (11) "Legislative employee" means any officer or employee of the Legislature, or any committee of the Legislature, who is appointed or employed to serve, either with or without compensation, for an aggregate of less than 800 hours during any period of 365 days. "Legislative employee" does not include legislators. (12) "Legislator" means a member or member-elect of either house of the Legislature of the state of Utah. (13) "Political subdivision" means a district, school district, or any other political subdivision of the state that is not an agency, but does not include a municipality or a county. (14) (a) "Public employee" means a person who is not a public officer who is employed on a full-time, part-time, or contract basis by: (i) the state; (ii) a political subdivision of the state; or (iii) an association as defined in Section 53G-7-1101. (b) "Public employee" does not include legislators or legislative employees. (15) (a) "Public officer" means an elected or appointed officer: (i) (A) of the state; (B) of a political subdivision of the state; or (C) an association as defined in Section 53G-7-1101; and (ii) who occupies a policymaking post. (b) "Public officer" includes a special public officer. (c) "Public officer" does not include legislators or legislative employees. (16) "Special public officer" means a public officer who is an elected or appointed member of: (a) the board of trustees of a special district or the governing body of a special service district, if the special district or the special service district has an annual budget that is equal to or exceeds 10 times the revenue and expenditure amount described in Subsection 51-2a-201(1); or (b) a local school board. (17) "State" means the state of Utah. (18) "Substantial interest" means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding capital stock of a corporation or a 10% interest in any other business entity.
Utah Code § 67-4a-201.5 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-201.5
§ 67-4a-201.5. When digital asset presumed abandoned.
Status: in_force

Subject to Section 67-4a-208, a digital asset is presumed abandoned: (1) three years after the apparent owner's last indication of interest in the digital asset; or (2) if a digital asset holder, in the regular course of business, sends physical correspondence to the owners of digital assets who utilize the digital asset holder's digital asset account, the later of: (a) three years after the date on which a physical correspondence the digital asset holder sends to the apparent owner by first-class United States mail is returned to the digital asset holder undelivered by the United States Postal Service; or (b) three years after the apparent owner's last indication of interest in the digital asset.
Utah Code § 67-4a-1503 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-1503
§ 67-4a-1503. Transitional provision.
Status: in_force

(1) An initial report filed under this chapter for property that was not required to be reported before May 9, 2017, but that is required to be reported under this chapter, shall include all items of property that would have been presumed abandoned during the 10-year period preceding May 9, 2017, as if this chapter had been in effect during that period. (2) This chapter does not relieve a holder of a duty that arose before May 9, 2017, to report, pay, or deliver property. (3) Subject to Subsections 67-4a-610(2) and (3), a holder that did not comply with the law governing unclaimed property before May 9, 2017, is subject to applicable provisions for enforcement and penalties in effect before May 9, 2017.
Utah Code § 67-19f-201 — Utah Code / Title 67 / Chapter 67-19f / § 67-19f-201
§ 67-19f-201. State Employees' Leave Trust Fund -- Creation -- Oversight -- Dissolution.
Status: in_force

(1) There is created a trust fund entitled the "State Employees' Leave Trust Fund." (2) The trust fund consists of: (a) ongoing revenue provided from a state agency set aside for accrued annual leave II required under Section 63A-17-510; (b) money set aside for accrued paid time off in accordance with Section 63A-17-515; (c) appropriations made to the trust fund by the Legislature, if any; (d) transfers from the termination pool described in Subsection 63A-17-510(6) made by the Division of Finance to the trust fund for annual leave liabilities accrued before the change date established under Section 63A-17-510; (e) income; and (f) revenue received from other sources. (3) (a) The Division of Finance shall account for the receipt and expenditures of trust fund money. (b) The Division of Finance shall make the necessary adjustments to the amount of set aside costs required under Subsection 63A-17-510(4)(a) to provide that upon the trust fund's accrual of funding equal to 10% of the annual leave liability, year-end trust fund balances remain equal to at least 10% of the total state employee annual leave liability. (4) (a) The state treasurer shall invest trust fund money by following the procedures and requirements of Part 3, Investment of Trust Funds. (b) (i) The trust fund shall earn interest. (ii) The state treasurer shall deposit all interest or other income earned from investment of the trust fund back into the trust fund. (5) The board of trustees created in Section 67-19f-202 may expend money from the trust fund for: (a) reimbursement to the employer of the costs paid to the trust fund in accordance with Section 63A-17-510 or 63A-17-515 as annual leave II or paid time off is used by an employee; (b) payments based on accrued annual leave, accrued annual leave II, and accrued paid time off that are made upon termination of an employee; (c) refunds for overpayments; and (d) reasonable administrative costs that the board of trustees incurs in performing its duties as trustee of the trust fund. (6) The board of trustees shall ensure that: (a) money deposited into the trust fund is irrevocable and is expended only for the costs described in Subsection (5); and (b) assets of the trust fund are dedicated to providing annual leave, annual leave II, and paid time off established by statute and rule. (7) A creditor of the board of trustees or a state agency liable for annual leave benefits may not seize, attach, or otherwise obtain assets of the trust fund.
Utah Code § 67-8-3 — Utah Code / Title 67 / Chapter 67-8 / § 67-8-3
§ 67-8-3. Compensation plan for appointive officers -- Exceptions -- Legislative approval -- Career status attorneys.
Status: in_force

(1) (a) The director of the Division of Human Resource Management, based upon recommendations of the Executive and Judicial Compensation Commission shall, before October 31 of each year, recommend to the governor a compensation plan for appointed officers of the state except those officers whose compensation is set under Section 49-11-203, 53E-3-302, 53H-1-302, or 53C-1-301. (b) The plan shall include salaries and wages, paid leave, group insurance plans, retirement programs, and any other benefits that may be offered to state officers. (2) The governor shall include in each annual budget proposal to the Legislature specific recommendations on compensation for those appointed state officers in Subsection (1). (3) (a) After consultation with the attorney general, the director of the Division of Human Resource Management shall place career status attorneys on a state salary schedule at a range comparable with salaries paid attorneys in private and other public employment. (b) The attorney general and the executive director shall take into consideration the experience of the attorney, length of service with the Office of the Attorney General, quality of performance, and responsibility involved in legal assignments. (c) The attorney general and the executive director shall periodically adjust the salary levels for attorneys in a career status to reasonably compensate them for full-time employment and the restrictions placed on the private practice of law.
Utah Code § 67-5-10 — Utah Code / Title 67 / Chapter 67-5 / § 67-5-10
§ 67-5-10. Career status attorneys as full-time employees -- Completion of outside law practice.
Status: in_force

(1) Attorneys in a career status shall be full-time employees and shall not engage in the private practice of law and shall not receive any fee for legal services rendered to any person, corporation, partnership, or other legal entity other than the state or the county in which the person holds office or by whom the person is employed. The practice of law prohibited by this subsection does not include pro bono service. (2) Attorneys on probationary status who have not been granted career service status may, in the discretion of the attorney general, be granted permission to complete or handle legal matters previously begun before employment with the attorney general's office, but may not begin new matters once employed. Once career service status is conferred, the attorney is bound by the provisions of Subsection (1). (3) The provisions of this section shall not apply to special assistant attorneys general retained on a fee basis to render services in connection with a single case or a related series of cases.
Utah Code § 67-21-7 — Utah Code / Title 67 / Chapter 67-21 / § 67-21-7
§ 67-21-7. No impairment of employee rights under collective bargaining agreement.
Status: in_force

This chapter shall not be construed to diminish or impair the rights of an employee under any collective bargaining agreement.
Utah Code § 67-5-17 — Utah Code / Title 67 / Chapter 67-5 / § 67-5-17
§ 67-5-17. Attorney-client relationship.
Status: in_force

(1) When representing the governor, lieutenant governor, auditor, or treasurer, or when representing an agency under the supervision of any of those officers, the attorney general shall: (a) keep the officer or the officer's designee reasonably informed about the status of a matter and promptly comply with reasonable requests for information; (b) explain a matter to the extent reasonably necessary to enable the officer or the officer's designee to make informed decisions regarding the representation; (c) abide by the officer's or designee's decisions concerning the objectives of the representation and consult with the officer or designee as to the means by which they are to be pursued; and (d) jointly by agreement, establish protocols with the officer to facilitate communications and working relationships with the officer or agencies under the officer's supervision. (2) Nothing in Subsection (1) modifies or supercedes any independent legal authority granted specifically by statute to the attorney general. (3) When the attorney general institutes or maintains a civil enforcement action on behalf of the state of Utah that is not covered under Subsection (1), the attorney general shall: (a) fully advise the governor, as the officer in whom the executive authority of the state is vested, before instituting the action, entering into a settlement or consent decree, or taking an appeal; and (b) keep the governor reasonably informed about the status of the matter and promptly comply with reasonable requests for information. (4) In a civil action not covered under Subsection (1) or (3), the attorney general shall: (a) keep the governor reasonably informed about the status of the matter and promptly comply with reasonable requests for information; (b) explain the matter to the extent reasonably necessary to enable the governor to make informed decisions regarding the representation; and (c) abide by the governor's decisions concerning the objectives of the representation and consult with the governor as to the means by which they are to be pursued. (5) The governor may appear in any civil legal action involving the state and appoint legal counsel to advise or appear on behalf of the governor. The court shall allow the governor's appearance. (6) (a) As used in this section, "cooperative state litigation" means: (i) an anticipated or pending settlement that may require approval by the Legislature or the Legislative Management Committee in accordance with Title 63G, Chapter 10, State Settlement Agreements Act; or (ii) anticipated or pending litigation in which: (A) a party challenges the constitutionality of a state law; or (B) the state challenges a federal law or regulation. (b) When the Office of the Attorney General discusses or shares with persons within the legislative branch documents or information related to cooperative state litigation, the sharing is in furtherance of matters of common interest between the represented parties.
Utah Code § 67-4a-905 — Utah Code / Title 67 / Chapter 67-4a / § 67-4a-905
§ 67-4a-905. Allowance of claim for property.
Status: in_force

(1) (a) The administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property together with income or gain to which the owner is entitled under Section 67-4a-607. (b) On request of the owner, the administrator may sell or liquidate a security and pay the net proceeds to the owner. (2) Property held under this chapter by the administrator is subject to a claim for the payment of an enforceable debt the owner owes in this state for: (a) child support arrearages, including child support collection costs and child support arrearages that are combined with maintenance; (b) a civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or (c) state taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the State Tax Commission. (3) (a) Before delivery or payment to an owner under Subsection (1) of property or payment to the owner of net proceeds of a sale of the property, the administrator first shall apply the property or net proceeds to a debt under Subsection (2) the administrator determines is owed by the owner. (b) The administrator shall pay the amount to the appropriate state agency and notify the owner of the payment. (4) (a) The administrator may make periodic inquiries of state agencies in the absence of a claim filed under Section 67-4a-903 to determine whether an apparent owner included in the unclaimed property records of this state has enforceable debts described in Subsection (2). (b) The administrator first shall apply the property or net proceeds of a sale of property held by the administrator to a debt under Subsection (2) of an apparent owner that appears in the records of the administrator and deliver the amount to the appropriate state agency. (c) The administrator shall notify the apparent owner of the payment.
Utah Code § 67-20-1 — Utah Code / Title 67 / Chapter 67-20 / § 67-20-1
§ 67-20-1. Short title.
Status: in_force

This chapter is known as the "Volunteer Government Workers Act."
Utah Code § 67-5-3 — Utah Code / Title 67 / Chapter 67-5 / § 67-5-3
§ 67-5-3. "Agency" defined -- Performance of legal services for agencies -- Billing.
Status: in_force

(1) As used in this act, "agency" means a department, division, agency, commission, board, council, committee, authority, institution, other entity within the state government of Utah, or a large public transit district as defined in Section 17B-2a-802. (2) (a) The attorney general may assign a legal assistant to perform legal services for any agency of state government. (b) The attorney general shall bill that agency for the legal services performed, if: (i) the agency billed receives federal funds to pay for the legal services rendered; (ii) the agency collects funds from any other source in the form of fees, costs, interest, fines, penalties, forfeitures, or other proceeds reserved or designated for the payment of legal fees sufficient to pay for all or a portion of the legal services rendered; or (iii) the agency is a large public transit district as defined in Section 17B-2a-802. (c) An agency may deduct any unreimbursed costs and expenses incurred by the agency in connection with the legal services rendered.
Utah Code § 67-1a-6.5 — Utah Code / Title 67 / Chapter 67-1a / § 67-1a-6.5
§ 67-1a-6.5. Certification of local entity boundary actions -- Definitions -- Notice requirements -- Electronic copies -- Filing.
Status: in_force

(1) As used in this section: (a) "Applicable certificate" means: (i) for the impending incorporation of a city, town, special district, conservation district, incorporation of a special district from a reorganized special service district, or public infrastructure district, a certificate of incorporation; (ii) for the impending creation of a county, school district, special service district, community reinvestment agency, or interlocal entity, a certificate of creation; (iii) for the impending annexation of territory to an existing local entity, a certificate of annexation; (iv) for the impending withdrawal or disconnection of territory from an existing local entity, a certificate of withdrawal or disconnection, respectively; (v) for the impending consolidation of multiple local entities, a certificate of consolidation; (vi) for the impending division of a local entity into multiple local entities, a certificate of division; (vii) for the impending adjustment of a common boundary between local entities, a certificate of boundary adjustment; and (viii) for the impending dissolution of a local entity, a certificate of dissolution. (b) "Approved final local entity plat" means a final local entity plat, as defined in Section 17-73-101, that has been approved under Section 17-73-507 as a final local entity plat by the county surveyor. (c) "Approving authority" means the same as that term is defined in Section 17-73-101. (d) "Boundary action" means the same as that term is defined in Section 17-73-101. (e) "Center" means the Utah Geospatial Resource Center created under Section 63A-16-505. (f) "Community reinvestment agency" means the same as that term is defined in Section 17C-1-102. (g) "Conservation district" means the same as that term is defined in Section 17D-3-102. (h) "Interlocal entity" means the same as that term is defined in Section 11-13-103. (i) "Local entity" means a county, city, town, school district, special district, community reinvestment agency, special service district, conservation district, or interlocal entity. (j) "Notice of an impending boundary action" means a written notice, as described in Subsection (3), that provides notice of an impending boundary action. (k) "Special district" means the same as that term is defined in Section 17B-1-102. (l) "Special service district" means the same as that term is defined in Section 17D-1-102. (2) Within 10 days after receiving a notice of an impending boundary action, the lieutenant governor shall: (a) (i) issue the applicable certificate, if: (A) the lieutenant governor determines that the notice of an impending boundary action meets the requirements of Subsection (3); and (B) except in the case of an impending local entity dissolution, the notice of an impending boundary action is accompanied by an approved final local entity plat; (ii) send the applicable certificate to the local entity's approving authority; (iii) return the original of the approved final local entity plat to the local entity's approving authority; (iv) send a copy of the applicable certificate and approved final local entity plat to: (A) the State Tax Commission; (B) the center; and (C) the county assessor, county surveyor, county auditor, and county attorney of each county in which the property depicted on the approved final local entity plat is located; and (v) send a copy of the applicable certificate to the state auditor, if the boundary action that is the subject of the applicable certificate is: (A) the incorporation or creation of a new local entity; (B) the consolidation of multiple local entities; (C) the division of a local entity into multiple local entities; or (D) the dissolution of a local entity; or (b) (i) send written notification to the approving authority that the lieutenant governor is unable to issue the applicable certificate, if: (A) the lieutenant governor determines that the notice of an impending boundary action does not meet the requirements of Subsection (3); or (B) the notice of an impending boundary action is: (I) not accompanied by an approved final local entity plat; or (II) accompanied by a plat or final local entity plat that has not been approved as a final local entity plat by the county surveyor under Section 17-73-507; and (ii) explain in the notification under Subsection (2)(b)(i) why the lieutenant governor is unable to issue the applicable certificate. (3) Each notice of an impending boundary action shall: (a) be directed to the lieutenant governor; (b) contain the name of the local entity or, in the case of an incorporation or creation, future local entity, whose boundary is affected or established by the boundary action; (c) describe the type of boundary action for which an applicable certificate is sought; (d) be accompanied by a letter from the Utah State Retirement Office, created under Section 49-11-201, to the approving authority that identifies the potential provisions under Title 49, Utah State Retirement and Insurance Benefit Act, that the local entity shall comply with, related to the boundary action, if the boundary action is an impending incorporation or creation of a local entity that may result in the employment of personnel; and (e) (i) contain a statement, signed and verified by the approving authority, certifying that all requirements applicable to the boundary action have been met; or (ii) in the case of the dissolution of a municipality, be accompanied by a certified copy of the court order approving the dissolution of the municipality. (4) The lieutenant governor may require the approving authority to submit a paper or electronic copy of a notice of an impending boundary action and approved final local entity plat in conjunction with the filing of the original of those documents. (5) (a) The lieutenant governor shall: (i) keep, index, maintain, and make available to the public each notice of an impending boundary action, approved final local entity plat, applicable certificate, and other document that the lieutenant governor receives or generates under this section; (ii) make a copy of each document listed in Subsection (5)(a)(i) available on the Internet for 12 months after the lieutenant governor receives or generates the document; (iii) furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any person who requests a paper copy; and (iv) furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to any person who requests a certified copy. (b) The lieutenant governor may charge a reasonable fee for a paper copy or certified copy of a document that the lieutenant governor provides under this Subsection (5). (6) The lieutenant governor's issuance of a certificate of creation for an infrastructure financing district constitutes the state's approval of the creation of the infrastructure financing district.
Utah Code § 67-19a-402 — Utah Code / Title 67 / Chapter 67-19a / § 67-19a-402
§ 67-19a-402. Procedural steps to be followed by aggrieved employee.
Status: in_force

(1) (a) Subject to the provisions and levels of procedure provided in Section 67-19a-302, a career service employee who has a grievance shall submit the grievance in writing to: (i) the employee's supervisor; and (ii) the administrator. (b) Within five working days after receiving a written grievance, the employee's supervisor may issue a written decision on the grievance. (2) (a) If the employee's supervisor fails to respond to the grievance within five working days or if the aggrieved employee is dissatisfied with the supervisor's written decision, the employee may advance the written grievance to the employee's agency or division director within 10 working days after the expiration of the period for response or receipt of the written decision, whichever is first. (b) Within five working days after receiving the written grievance, the employee's agency or division director may issue a written response to the grievance stating the decision and the reasons for the decision. (3) (a) If the employee's agency or division director fails to respond to the grievance within five working days after its submission, or if the aggrieved employee is dissatisfied with the agency or division director's written decision, the employee may advance the written grievance to the employee's department head within 10 working days after the expiration of the period for decision or receipt of the written decision, whichever is first. (b) Within 10 working days after the employee's written grievance is submitted, the department head may issue a written response to the grievance stating the decision and the reasons for the decision. (c) The decision of the department head is final in all matters except those matters that the office may review under the authority of Part 3, Grievance Procedures. (4) If the written grievance submitted to the employee's department head meets the subject matter requirements of Section 67-19a-202 and if the employee's department head fails to respond to the grievance within 10 working days after submission, or if the aggrieved employee is dissatisfied with the department head's written decision, the employee may advance the written grievance to the administrator within 10 working days after the expiration of the period for decision or receipt of the written decision, whichever is first.
Utah Code § 67-5-38 — Utah Code / Title 67 / Chapter 67-5 / § 67-5-38
§ 67-5-38. Missing Child Identification Program.
Status: in_force

(1) As used in this section: (a) "Kit" means a fingerprint and DNA identification kit that may be used to collect and store fingerprint and DNA information. (b) "Program" means the Missing Child Identification Program created in this section. (2) (a) There is created the Missing Child Identification Program to be administered by the attorney general as described in this section. (b) The purpose of the program is to provide a kit to a parent or legal guardian of a kindergarten student, to be distributed by the student's elementary school, which the parent or guardian may use to collect and store a child's fingerprint and DNA information for potential use by law enforcement in the event that the child is missing. (c) If the Legislature does not appropriate funds specifically for the program, the attorney general may implement the program using other available appropriations. (3) (a) The attorney general shall provide kits to each Utah elementary school to be distributed to the parent or legal guardian of each student entering kindergarten in the elementary school. (b) The attorney general shall obtain the kits in compliance with Title 63G, Chapter 6a, Utah Procurement Code. (c) The kits described in Subsection (3)(a) may be delivered to an elementary school directly through the supplier of the kits. (d) The State Board of Education, or the State Board of Education's designee, shall coordinate with the attorney general to determine how many kits are needed each year at each elementary school. (e) An elementary school that receives a supply of kits shall offer a kit to a parent or legal guardian for a student entering kindergarten at the elementary school. (4) The attorney general may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the program.
Utah Code § 67-5-15 — Utah Code / Title 67 / Chapter 67-5 / § 67-5-15
§ 67-5-15. Records of the attorney general.
Status: in_force

(1) A record provided to the Office of the Attorney General by a client governmental entity shall be considered a record of the client governmental entity for purposes of Title 63G, Chapter 2, Government Records Access and Management Act, if the client governmental entity retains a copy of the record. (2) Notwithstanding Subsection 63G-2-201(5), records may be exchanged between the Office of the Attorney General and a client governmental entity, without meeting the requirements of Section 63G-2-206 provided that they are used only for the purpose of representing the client governmental entity.
Utah Code § 67-5-12 — Utah Code / Title 67 / Chapter 67-5 / § 67-5-12
§ 67-5-12. Dismissal of career status employees -- Causes -- Procedure -- Retention roster -- Reappointment register.
Status: in_force

(1) (a) Employees in a career status may be dismissed only: (i) to advance the good of public service; (ii) where funds have expired or work no longer exists; or (iii) for any of the following causes or reasons: (A) noncompliance with provisions in the Office of Attorney General policy manual, or division policies, and, for attorneys, noncompliance with the Rules of Professional Conduct; (B) work performance that is inefficient or incompetent; (C) failure to maintain skills and adequate performance levels; (D) insubordination or disloyalty to the orders of a superior; (E) misfeasance, malfeasance, or nonfeasance; (F) failure to advance the good of the public service, including conduct on or off duty which demeans or harms the effectiveness or ability of the office to fulfill its mission or legal obligations; (G) conduct on or off duty which creates a conflict of interest with the employee's public responsibilities or impact that employee's ability to perform his or her job assignments; (H) any incident involving intimidation, physical harm, threats of physical harm against coworkers, management, or the public; (I) failure to meet the requirements of the position; (J) dishonesty; or (K) misconduct. (b) Employees in career status may not be dismissed for reasons of race, national origin, religion, or political affiliation. (2) Except in aggravated cases of misconduct, an employee in a career status may not be suspended, demoted, or dismissed without the following procedures: (a) The attorney general or a designated representative shall notify the employee of the reasons for suspension, demotion, or dismissal. (b) The employee shall have an opportunity to reply and have the reply considered by the attorney general or a designated representative. (c) The employee shall have an opportunity to be heard by the attorney general or a designated representative. (d) Following a hearing, an employee may be suspended, demoted, or dismissed if the attorney general or a designated representative finds adequate reason. (e) If the attorney general or a designated representative finds that retention of an employee would endanger the peace and safety of others or pose a grave threat to the public interest, the employee may be summarily suspended pending administrative hearings and a review by the Career Service Review Office. (3) (a) An employee in a career status who is aggrieved by a decision of the attorney general or a designated representative to suspend, demote, or dismiss the employee may appeal the decision to the Career Service Review Office or its hearing officers by following the procedures in Title 67, Chapter 19a, Grievance Procedures. (b) Matters other than dismissal or demotion may be appealed to and reviewed by the attorney general or a designated representative whose decision is final with no right of appeal to the Career Service Review Office or its hearing officers. (4) Disciplinary actions shall be supported by credible evidence, but the normal rules of evidence in courts of law do not apply in hearings before the attorney general or a designated representative or the Career Service Review Office or its hearing officers. (5) (a) Reductions in force required by reinstatement of an employee under Section 67-5-11, inadequate funds, change of workload, or lack of work shall be governed by a retention roster to be maintained by the Office of the Attorney General and the requirements of this Subsection (5). (b) Except attorney general executive or administrative appointees, employees not in a career status shall be separated before any employee in a career status. (c) Retention points for each employee in a career status shall be based on the employee's seniority in service within each employee category in the Office of the Attorney General, including any military service fulfilled subsequent to the employee's original appointment. (d) Employees in career status shall be separated in the order of their retention points, the employee with the lowest points to be discharged first. (e) Those employees who are serving in other positions under Section 67-5-11 shall: (i) have retention points determined as if they were working for the office; and (ii) be separated in the order of the retention points as if they were working in the Office of the Attorney General. (f) An employee in a career status who is separated by reason of a reduction in force shall be: (i) placed on a reappointment register kept by the Office of the Attorney General for one year; and (ii) offered reappointment to a position in the same category in the Office of the Attorney General before any employee not having a career status is appointed.
Utah Code § 67-8-2 — Utah Code / Title 67 / Chapter 67-8 / § 67-8-2
§ 67-8-2. Salaries of judges established annually in appropriations act -- Bases of salaries -- Additional compensation.
Status: in_force

(1) The Legislature shall set annually, in an appropriations act, the salaries of judges of a court of record described in Section 78A-1-101. (2) Except as provided in Subsection (3), a judicial salary for a judge of a court of record shall be based on the following percentage of the salary for a district court judge: (a) 100% for a juvenile court judge; (b) 100% for a Business and Chancery Court judge; (c) 105% for a Constitutional Court judge if Title 78A, Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102; (d) 105% for a Court of Appeals judge; and (e) 110% for a Supreme Court justice. (3) (a) If a district court judge is a Constitutional Court judge, the judge's salary for the Constitutional Court is 5% of the salary for a district court judge during the time period in which the judge remains a district court judge. (b) If a Court of Appeals judge is a Constitutional Court judge, the judge's salary for the Constitutional Court is 5% of the salary for a district court judge during the time period in which the judge remains a Court of Appeals judge. (c) Except as provided in this Subsection (3), a judge of a court of record may not collect a salary for more than one court of record. (4) (a) A salary described in Subsection (2) does not include additional compensation provided for a presiding judge or associate presiding judge under: (i) Section 78A-3-101; (ii) Section 78A-4-102; (iii) Section 78A-5-106; (iv) Section 78A-5a-202; (v) Section 78A-5b-203; or (vi) Section 78A-6-203. (b) Compensation described in Subsection (4)(a) does not constitute a salary for purposes of Utah Constitution, Article VIII, Section 14.
Utah Code § 67-16-10 — Utah Code / Title 67 / Chapter 67-16 / § 67-16-10
§ 67-16-10. Inducing others to violate chapter.
Status: in_force

No person shall induce or seek to induce any public officer or public employee to violate any of the provisions of this chapter.