FrankGoortani/open-us-law huggingface dataset:
Utah Code § 26B-9-111 — Utah Code / Title 26B / Chapter 26B-9 / § 26B-9-111
§ 26B-9-111. Assignment of support -- Children in state custody.
Status: in_force

(1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days. (2) The department has the right to receive payment for child support assigned to it under Subsection (1). (3) The Office of Recovery Services is the payee for the department for payment received under this section.
Utah Code § 26B-7-511 — Utah Code / Title 26B / Chapter 26B-7 / § 26B-7-511
§ 26B-7-511. Permit requirements for a retail tobacco specialty business.
Status: in_force

(1) A retail tobacco specialty business shall: (a) electronically verify proof of age for any individual that enters the premises of the business in accordance with Section 26B-7-521; (b) except as provided in Section 76-9-1108, prohibit any individual from entering the business if the individual is under 21 years old; and (c) prominently display at the retail tobacco specialty business a sign on the public entrance of the business that communicates: (i) the prohibition on the presence of an individual under 21 years old in a retail tobacco specialty business in Section 76-9-1108; and (ii) the prohibition on the sale of tobacco products and electronic cigarette products to an individual under 21 years old as described in Sections 76-9-1104, 76-9-1105, 76-9-1108, and 76-9-1116. (2) A retail tobacco specialty business may not: (a) employ an individual under 21 years old to sell a tobacco product, an electronic cigarette product, or a nicotine product; or (b) permit an employee under 21 years old to sell a tobacco product, an electronic cigarette product, or a nicotine product.
Utah Code § 53G-11-506 — Utah Code / Title 53G / Chapter 53G-11 / § 53G-11-506
§ 53G-11-506. Establishment of educator evaluation program -- Joint committee.
Status: in_force

(1) A local school board shall develop an educator evaluation program in consultation with its joint committee. (2) The joint committee described in Subsection (1) shall consist of an equal number of classroom teachers, parents, and administrators appointed by the local school board. (3) A local school board may appoint members of the joint committee from a list of nominees: (a) voted on by classroom teachers in a nomination election; (b) voted on by the administrators in a nomination election; and (c) of parents submitted by school community councils within the district. (4) Subject to Subsection (5), the joint committee may: (a) adopt or adapt an evaluation program for educators based on a model developed by the state board; or (b) create the local school board's own evaluation program for educators. (5) The evaluation program developed by the joint committee shall comply with the requirements of Sections 53G-11-507 through 53G-11-511 and rules adopted by the state board under Section 53G-11-510.
Utah Code § 70A-2-403 — Utah Code / Title 70A / Chapter 70A-2 / § 70A-2-403
§ 70A-2-403. Power to transfer -- Good faith purchase of goods -- Definition of entrusting.
Status: in_force

(1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though: (a) the transferor was deceived as to the identity of the purchaser; (b) the delivery was in exchange for a check which is later dishonored; (c) it was agreed that the transaction was to be a "cash sale"; or (d) the delivery was procured through fraud punishable as larcenous under the criminal law. (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business. (3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law. (4) The rights of other purchasers of goods and of lien creditors are governed by Chapter 9a, Uniform Commercial Code - Secured Transactions and Chapter 7a, Uniform Commercial Code - Documents of Title.
Utah Code § 53G-6-904 — Utah Code / Title 53G / Chapter 53G-6 / § 53G-6-904
§ 53G-6-904. Indemnification -- Enforcement.
Status: in_force

(1) The attorney general shall defend and the state shall indemnify and hold harmless a person acting under color of state law to enforce this part for any claims or damages, including court costs and attorney fees, that: (a) arise as a result of this part; and (b) are not covered by the person's insurance policies or by any coverage agreement issued by the State Risk Management Fund. (2) An LEA or school within the public education system with a team that competes in an interscholastic athletic activity is responsible for the enforcement of this part in relation to the LEA's or school's teams.
Utah Code § 31A-46-304 — Utah Code / Title 31A / Chapter 31A-46 / § 31A-46-304
§ 31A-46-304. Claims practices.
Status: in_force

(1) A pharmacy benefit manager shall permit a pharmacy to collect the amount of a customer's cost share from any source. (2) A pharmacy benefit manager may not deny or reduce a reimbursement to a pharmacy or a pharmacist after the adjudication of the claim, unless: (a) the pharmacy or pharmacist submitted the original claim fraudulently; (b) the original reimbursement was incorrect because: (i) the pharmacy or pharmacist had already been paid for the pharmacy service; or (ii) an unintentional error resulted in an incorrect reimbursement; or (c) the pharmacy service was not rendered by the pharmacy or pharmacist. (3) Subsection (2) does not apply if: (a) any form of an investigation or audit of pharmacy records for fraud, waste, abuse, or other intentional misrepresentation indicates that the pharmacy or pharmacist engaged in criminal wrongdoing, fraud, or other intentional misrepresentation; or (b) the reimbursement is reduced as the result of the reconciliation of a reimbursement amount under a performance contract if: (i) the performance contract lays out clear performance standards under which the reimbursement for a specific drug may be increased or decreased; and (ii) the agreement between the pharmacy benefit manager and the pharmacy or pharmacist explicitly states, in a separate document that is signed by the pharmacy benefit manager and the pharmacy or pharmacist, that the provisions of Subsection (2) do not apply.
Utah Code § 53H-7-201 — Utah Code / Title 53H / Chapter 53H-7 / § 53H-7-201
§ 53H-7-201. Definitions.
Status: in_force

As used in this part: (1) "Benefit" means: (a) recognition by an institution; (b) registration by an institution; (c) the use of an institution's facility for meeting or speaking purposes; (d) the use of communication channels; or (e) funding sources that are otherwise available to other student organizations at an institution. (2) "Expressive activity" means an activity that includes: (a) peacefully assembling, protesting, or speaking; (b) distributing literature; (c) carrying a sign; (d) circulating a petition; or (e) otherwise participating in speech or conduct protected by: (i) the First Amendment to the United States Constitution; or (ii) Utah Constitution, Article I, Sections 4 and 15. (3) "Student organization" means a student organized group that is: (a) officially recognized, or seeking official recognition, by an institution as a student club; and (b) comprised of students that receive, or are seeking to receive, benefits available to student clubs from the institution.
Utah Code § 75A-5-501 — Utah Code / Title 75A / Chapter 75A-5 / § 75A-5-501
§ 75A-5-501. Disbursement from income.
Status: in_force

Subject to Section 75A-5-504, and except as otherwise provided in Subsection 75A-5-601(3)(b) or (c), a fiduciary shall disburse from income: (1) one-half of: (a) the regular compensation of the fiduciary and any person providing investment advisory, custodial, or other services to the fiduciary, to the extent income is sufficient; and (b) an expense for an accounting, judicial or nonjudicial proceeding, or other matter that involves both income and successive interests, to the extent income is sufficient; (2) the balance of the disbursements described in Subsection (1), to the extent a fiduciary that is an independent person determines that making those disbursements from income would be in the interests of the beneficiaries; (3) another ordinary expense incurred in connection with administration, management, or preservation of property and distribution of income, including interest, an ordinary repair, regularly recurring tax assessed against principal, and an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily an income interest, to the extent income is sufficient; and (4) a premium on insurance covering loss of a principal asset or income from or use of the asset.
Utah Code § 70A-2-107 — Utah Code / Title 70A / Chapter 70A-2 / § 70A-2-107
§ 70A-2-107. Goods to be severed from realty -- Recording.
Status: in_force

(1) A contract for the sale of minerals or the like (including oil or gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this chapter if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell. (2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in Subsection (1) or of timber to be cut is a contract for the sale of goods within this chapter whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance. (3) The provisions of this section are subject to any third- party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale.
Utah Code § 70A-2-507 — Utah Code / Title 70A / Chapter 70A-2 / § 70A-2-507
§ 70A-2-507. Effect of seller's tender -- Delivery on condition of payment.
Status: in_force

(1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.
Utah Code § 78B-8-203 — Utah Code / Title 78B / Chapter 78B-8 / § 78B-8-203
§ 78B-8-203. Drug exception.
Status: in_force

(1) Punitive damages may not be awarded if a drug causing the claimant's harm: (a) received premarket approval or licensure by the Federal Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq. or the Public Health Service Act, 42 U.S.C. Section 201 et seq.; (b) is generally recognized as safe and effective under conditions established by the Federal Food and Drug Administration and applicable regulations, including packaging and labeling regulations. (2) This limitation on liability for punitive damages does not apply if it is shown by clear and convincing evidence that the drug manufacturer knowingly withheld or misrepresented information required to be submitted to the Federal Food and Drug Administration under its regulations, which information was material and relevant to the claimant's harm.
Utah Code § 78B-6-313 — Utah Code / Title 78B / Chapter 78B-6 / § 78B-6-313
§ 78B-6-313. Contempt of process of nonjudicial officer -- Procedure.
Status: in_force

(1) If a person, officer, referee, arbitrator, board, or committee with the authority to compel the attendance of witnesses or the production of documents issues a subpoena and the person to whom the subpoena is issued refuses to appear or produce the documents ordered, the person shall be considered in contempt. (2) (a) The person, officer, referee, arbitrator, board, or committee may report the person to whom the subpoena is issued to the court. (b) The court may then issue a warrant of attachment or order to show cause to compel the person's appearance. (3) When a person charged has been brought up or has appeared, the person's contempt may be purged in the same manner as other contempts mentioned in this part.
Utah Code § 23A-4-705 — Utah Code / Title 23A / Chapter 23A-4 / § 23A-4-705
§ 23A-4-705. Turkey hunting permit -- Use of fee.
Status: in_force

(1) A person may apply for or obtain a permit to take turkey as provided by a rule or proclamation of the Wildlife Board upon: (a) paying the turkey permit fee established by the Wildlife Board; and (b) possessing a valid hunting or combination license. (2) The division shall use one dollar of a turkey permit fee collected from a resident for the hunter education program.
Utah Code § 17C-2-204 — Utah Code / Title 17C / Chapter 17C-2 / § 17C-2-204
§ 17C-2-204. Consent of taxing entity committee required for urban renewal project area budget -- Exception.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b) and subject to Subsection (2), each agency shall obtain the consent of the taxing entity committee for each urban renewal project area budget under a post-June 30, 1993 project area plan before the agency may receive any tax increment from the urban renewal project area. (b) For an urban renewal project area budget adopted from July 1, 1998 through May 1, 2000 that allocates 20% or more of the tax increment for housing as provided in Section 17C-1-412, an agency: (i) need not obtain the consent of the taxing entity committee for the project area budget; and (ii) may not receive any tax increment from all or part of the project area until after: (A) the loan fund board has certified the project area budget as complying with the requirements of Section 17C-1-412; and (B) the board has approved and adopted the project area budget by a two-thirds vote. (2) (a) Before a taxing entity committee may consent to an urban renewal project area budget adopted on or after May 1, 2000 that is required under Subsection 17C-2-203(1)(a) to allocate 20% of tax increment for housing, the agency shall: (i) adopt a housing plan showing the uses for the housing funds; and (ii) provide a copy of the housing plan to the taxing entity committee and the loan fund board. (b) If an agency amends a housing plan prepared under Subsection (2)(a), the agency shall provide a copy of the amendment to the taxing entity committee and the loan fund board.
Utah Code § 32B-8d-103 — Utah Code / Title 32B / Chapter 32B-8d / § 32B-8d-103
§ 32B-8d-103. Commission's power to issue a sublicense.
Status: in_force

(1) Before a person as a sublicensee may store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on sublicensed premises, the person shall first obtain a sublicense from the commission in accordance with: (a) this chapter; (b) Chapter 8, Resort License Act; (c) Chapter 8b, Hotel License Act; and (d) Chapter 8c, Arena License Act. (2) (a) The commission may issue to a person a sublicense to allow the storage, sale, offering for sale, furnishing, or consumption of an alcoholic product on the premises of the sublicense, if the person is: (i) a principal licensee; or (ii) a person seeking a principal license, contingent on the issuance of the principal license. (b) The commission may not: (i) issue a sublicense that is separate from a principal license; or (ii) issue a single sublicense that covers more than one outlet in or on the boundaries of the principal licensee. (3) When determining the total number of licenses the commission has issued for each type of retail license, the commission may not include a sublicense as one of the retail licenses issued under the provisions applicable to that sublicense. (4) If a principal licensee seeks to add a sublicense after the commission issues the person's principal license, the principal licensee shall file with the department: (a) a nonrefundable $300 application fee; (b) an initial license fee of $2,250, which the commission shall refund if the commission does not issue the proposed sublicense; (c) written consent of the local authority; (d) a copy of: (i) the principal licensee's current business; and (ii) the proposed sublicensee's current business license, if the relevant political subdivision determines that the proposed sublicensee's business license is separate from the principal licensee's business license; (e) evidence that the proposed sublicensed premises is entirely within the boundary of the principal license; (f) a description, floor plan, and boundary map of the proposed sublicensed premises designating: (i) each location at which the principal licensee proposes that an alcoholic product be stored; and (ii) each location from which the principal licensee proposes that an alcoholic product be sold, furnished, or consumed; (g) evidence that the principal licensee carries: (i) public liability insurance in an amount and form satisfactory to the department; and (ii) dramshop insurance coverage in the amount required by Section 32B-5-201 that covers the proposed sublicense; (h) a signed consent form stating that the principal licensee will permit any authorized representative of the commission or department, or any law enforcement officer, to have an unrestricted right to enter the proposed sublicensed premises; (i) if the principal licensee is an entity, proper verification evidencing that a person who signs the application is authorized to sign on behalf of the entity; and (j) any other information the commission or department may require.
Utah Code § 63A-14-707 — Utah Code / Title 63A / Chapter 63A-14 / § 63A-14-707
§ 63A-14-707. Communications of commission members.
Status: in_force

(1) As used in this section, "third party" means a person who is not a member of the commission or staff to the commission. (2) While a complaint is under review by the commission, a member of the commission may not initiate, engage in, or consider any communications concerning the complaint with a third party unless: (a) the communication is expressly permitted under the procedures established by this chapter; or (b) the communication is made by the third party, in writing, simultaneously to: (i) all members of the commission; and (ii) a staff member of the commission. (3) While the commission is reviewing a complaint under this chapter, a commission member may communicate outside of the meetings or deliberations with another member of, or staff to, the commission, if the member's communication does not materially compromise the member's responsibility to independently review and make decisions in relation to the complaint.
Utah Code § 63G-31-202 — Utah Code / Title 63G / Chapter 63G-31 / § 63G-31-202
§ 63G-31-202. Sex-based distinctions to protect individual privacy.
Status: in_force

A distinction on the basis of sex that provides separate accommodations for the sexes is substantially related to the important government objective of protecting individual privacy, including in the following contexts: (1) a privacy space; (2) a correctional facility as defined in Section 77-16b-102; and (3) multi-occupancy sex-designated publicly owned dwellings.
Utah Code § 75A-6-118 — Utah Code / Title 75A / Chapter 75A-6 / § 75A-6-118
§ 75A-6-118. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act or 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act or 15 U.S.C. Sec. 7003(b).
Utah Code § 32B-5-311 — Utah Code / Title 32B / Chapter 32B-5 / § 32B-5-311
§ 32B-5-311. Use of breathalyzers.
Status: in_force

(1) As used in this section: (a) "Breathalyzer" means: (i) a device that uses electromechanical fuel cell sensor technology in the blood alcohol content testing process; or (ii) a single-use, disposable alcohol breath tester that is cleared with the United States Food and Drug Administration as a Class 1 medical device with at least 99.8% accuracy and having a detection cut-off of 0.08 relative percent blood alcohol concentration. (b) "Calibration" means the manual setting of specific levels on a breathalyzer by a person trained to reset the device to ensure as accurate results as possible. (c) (i) "Financial transaction card" means a card, code, or other means of access to a person's account issued to a person that allows the person to obtain, purchase, or receive goods, services, money, or anything else of value. (ii) "Financial transaction card" includes: (A) a credit card; (B) a credit plate; (C) a bank services card; (D) a banking card; (E) a check guarantee card; (F) a debit card; (G) a telephone credit card; or (H) a device for access as defined in Section 7-16a-102. (2) If a retail licensee voluntarily installs, or sells or otherwise provides, a breathalyzer on its premises: (a) the breathalyzer may not store financial transaction card data or associate breathalyzer results with financial transaction card data; (b) for a breathalyzer described in Subsection (1)(a)(i): (i) the breathalyzer shall collect data that can be downloaded by a third-party that performs the calibration of the breathalyzer, except that the downloaded information may not be used for any purpose other than calibration; (ii) the retail licensee shall ensure that a breathalyzer installed inside of the licensed premises is calibrated by a third-party the sooner of every: (A) 30 days; or (B) 300 uses; (iii) the owner of the breathalyzer shall annually report to the department compliance with the calibration requirements of this section for the breathalyzer; and (iv) the breathalyzer may be able to be shut down remotely; and (c) the retail licensee shall post in a conspicuous location by the breathalyzer: (i) a notice to the user of the breathalyzer that the timing of when a breathalyzer test is taken may affect the results of the breathalyzer test; and (ii) a notice that states: "The National Transportation Safety Board has found that crash risk is consistently and significantly elevated by the time an individual reaches a blood alcohol content of 0.05." (3) Data from a breathalyzer installed in the licensed premises of, or sold or otherwise provided by, a retail licensee may not be used for enforcement purposes. (4) If a retail licensee or owner of the breathalyzer violates this section, the department may require the retail licensee to remove the installed breathalyzer described in Subsection (1)(a)(i) or not sell or otherwise provide a breathalyzer described in Subsection (1)(a)(ii).
Utah Code § 31A-22-107 — Utah Code / Title 31A / Chapter 31A-22 / § 31A-22-107
§ 31A-22-107. Bond premium allowable expense of fiduciary.
Status: in_force

Any fiduciary required by law, or the court in providing a surety to secure the fiduciary's performance, may include as part of the expense of executing the fiduciary responsibility a reasonable premium paid to a surety for becoming the fiduciary's surety. However, the court may not allow an expense allowance greater than the larger of 1% of the surety's maximum obligation or $25.