FrankGoortani/open-us-law huggingface dataset:
Utah Code § 70A-2-316 — Utah Code / Title 70A / Chapter 70A-2 / § 70A-2-316
§ 70A-2-316. Exclusion or modification of warranties -- Livestock.
Status: in_force

(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this chapter on parol or extrinsic evidence (Section 70A-2-202) negation or limitation is inoperative to the extent that such construction is unreasonable. (2) Subject to Subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof." (3) Notwithstanding Subsection (2) (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade. (4) Remedies for breach of warranty can be limited in accordance with the provisions of this chapter on liquidation or limitation of damages and on contractual modification of remedy (Sections 70A-2-718 and 70A-2-719). (5) If a contract for the sale of livestock, which may include cattle, hogs, sheep, and horses, does not contain a written statement as to warranty of merchantability or fitness for a particular purpose, there shall be no implied warranty that the livestock are free from disease and sickness at the time of the sale and the seller shall not be liable for damages arising from the lack of merchantability or fitness for a particular purpose.
Utah Code § 75A-4-311 — Utah Code / Title 75A / Chapter 75A-4 / § 75A-4-311
§ 75A-4-311. Disposition of unappointed property under released or unexercised nongeneral power.
Status: in_force

To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment: (1) the gift-in-default clause controls the disposition of the unappointed property; or (2) if there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property: (a) passes to the permissible appointees if: (i) the permissible appointees are defined and limited; and (ii) the terms of the instrument creating the power do not manifest a contrary intent; or (b) if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Utah Code § 75A-2-119 — Utah Code / Title 75A / Chapter 75A-2 / § 75A-2-119
§ 75A-2-119. Acceptance of and reliance upon acknowledged power of attorney.
Status: in_force

(1) As used in this section, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 75A-2-105 that the signature is genuine. (3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority. (4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (a) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (b) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (c) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (5) An English translation or an opinion of counsel requested under this section shall be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. (6) For purposes of this section and Section 75A-2-120, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
Utah Code § 31A-9-412 — Utah Code / Title 31A / Chapter 31A-9 / § 31A-9-412
§ 31A-9-412. Directors' liability and indemnification.
Status: in_force

Section 31A-5-415 applies to directors' liability and indemnification in fraternals, except that the word "mutual" shall be read "fraternal".
Utah Code § 53H-3-405 — Utah Code / Title 53H / Chapter 53H-3 / § 53H-3-405
§ 53H-3-405. Degree-granting institution attorneys -- Appointment -- Duties.
Status: in_force

(1) Recognizing the status of degree-granting institutions within the Utah System of Higher Education as bodies politic and corporate, the president of a degree-granting institution may appoint attorneys to: (a) provide legal advice to the degree-granting institution; and (b) coordinate legal affairs within the degree-granting institution. (2) A degree-granting institution shall fund compensation costs and related office expenses for an attorney described in Subsection (1) within existing budgets. (3) The board shall coordinate the activities of attorneys described in Subsection (1). (4) To ensure alignment with the requirements described in Subsection (1), the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (a) define the scope of duties and responsibilities of attorneys; and (b) provide guidance to presidents for establishing lines of accountability for attorneys. (5) An attorney described in Subsection (1): (a) may not: (i) conduct litigation; (ii) settle a claim covered by the State Risk Management Fund; (iii) issue a formal legal opinion; or (iv) serve in or exercise: (A) a role outside the scope of authority that board rules described in Subsection (4) establish; or (B) an administrative role, function, or office, except for a primarily legal or regulatory role or as outlined in the board's rules described in Subsection (4); and (b) shall cooperate with the Office of the Attorney General in providing legal representation to a degree-granting institution. (6) Notwithstanding Subsection (1), a president of a degree-granting institution may not appoint, contract, hire, or otherwise retain outside legal counsel for the purpose of prosecuting or defending litigation without the written consent of the attorney general or the attorney general's designee.
Utah Code § 53H-3-901 — Utah Code / Title 53H / Chapter 53H-3 / § 53H-3-901
§ 53H-3-901. General provisions -- Definitions.
Status: in_force

(1) It is the purpose of this part to confirm and clarify the power vested in the board to pass rules and regulations governing parking and traffic on campuses and related facilities and to enforce the rules and regulations by all appropriate methods. (2) The board may delegate authority granted under this part to the president of each institution so long as the rules and regulations are approved by the institution's board of trustees.
Utah Code § 26B-6-218 — Utah Code / Title 26B / Chapter 26B-6 / § 26B-6-218
§ 26B-6-218. Petition for injunctive relief when caretaker refuses to allow protective services.
Status: in_force

(1) When a vulnerable adult is in need of protective services and the caretaker refuses to allow the provision of those services, the division may petition the court for injunctive relief prohibiting the caretaker from interfering with the provision of protective services. (2) The division's petition under Subsection (1) shall allege facts sufficient to show that the vulnerable adult is in need of protective services, that the vulnerable adult either consents or lacks capacity to consent to those services, and that the caretaker refuses to allow the provision of those services. (3) The court may, on appropriate findings and conclusions in accordance with Rule 65A, Utah Rules of Civil Procedure, issue an order enjoining the caretaker from interfering with the provision of protective services. (4) The petition under Subsection (1) may be joined with a petition under Section 26B-6-217.
Utah Code § 63B-11-203 — Utah Code / Title 63B / Chapter 63B-11 / § 63B-11-203
§ 63B-11-203. Use of bond proceeds for issuance and other costs.
Status: in_force

The proceeds of bonds issued under this chapter shall be used for the purposes described in Section 63B-11-202 and to pay all or part of any cost incident to the issuance and sale of the bonds including, without limitation, printing, registration and transfer costs, legal fees, trustees' fees, financial advisors' fees, and underwriters' discounts.
Utah Code § 78B-5-808 — Utah Code / Title 78B / Chapter 78B-5 / § 78B-5-808
§ 78B-5-808. Salaries of public officers subject to garnishment.
Status: in_force

The state and any subdivision, agency, or institution of the state which has in its possession or under its control any credits or other personal property of, or owing any debt to, the defendant in any action, whether as salary or wages, as a public official or employee may be subject to attachment, garnishment, and execution in accordance with any rights, remedies, and procedures applicable to attachment, garnishment, and execution, respectively, except as provided in Section 78B-5-809.
Utah Code § 63J-4-801 — Utah Code / Title 63J / Chapter 63J-4 / § 63J-4-801
§ 63J-4-801. Definitions.
Status: in_force

As used in this part: (1) "American Rescue Plan Act" means the American Rescue Plan Act, Pub. L. 117-2. (2) "COVID-19" means: (a) severe acute respiratory syndrome coronavirus 2; or (b) the disease caused by severe acute respiratory syndrome coronavirus 2. (3) "COVID-19 emergency" means the spread of COVID-19 that the World Health Organization declared a pandemic on March 11, 2020. (4) "Grant program" means the COVID-19 Local Assistance Matching Grant Program established in Section 63J-4-802. (5) "Local government" means a county, city, town, special district, or special service district. (6) "Review committee" means the COVID-19 Local Assistance Matching Grant Program Review Committee established in Section 63J-4-803.
Utah Code § 32B-14-102 — Utah Code / Title 32B / Chapter 32B-14 / § 32B-14-102
§ 32B-14-102. Definitions.
Status: in_force

5/5/2027As used in this chapter: (1) "Affected party" means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew. (2) (a) "Distributorship agreement" means a written agreement between a supplier and a wholesaler under which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier. (b) For purposes of this chapter, a separate agreement between a supplier and a wholesaler is considered to be part of a distributorship agreement if the separate agreement relates to: (i) the relationship between the supplier and the wholesaler; or (ii) the duties of either the supplier or the wholesaler under a distributorship agreement. (3) "Good cause" means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with Part 2, Termination. (4) "Good faith" means the same as that term is defined in Section 70A-1a-201. (5) "Retailer" means a beer retailer. (6) "Sales territory" means the geographic area of distribution and sale responsibility designated by a distributorship agreement. (7) "Supplier," notwithstanding Section 32B-1-102, means a brewer or other person who sells beer to a wholesaler for resale in this state. (8) "Terminating party" means a supplier or wholesaler who: (a) is a party to a distributorship agreement; and (b) seeks to terminate or not renew the distributorship agreement.
Utah Code § 63N-23-403 — Utah Code / Title 63N / Chapter 63N-23 / § 63N-23-403
§ 63N-23-403. Payment, use, and administration of revenue from a convention center reinvestment zone in a capital city.
Status: in_force

(1) In accordance with this part: (a) a public infrastructure district shall use the funds from a convention center reinvestment zone in a capital city within or for the benefit of a convention center reinvestment zone in a capital city; and (b) funds from a convention center reinvestment zone in a capital city may be used outside of the capital city convention center reinvestment zone if the use meets the objectives described in Section 63N-23-401 and is determined by the board of the public infrastructure district to be a direct benefit to the convention center reinvestment zone in a capital city. (2) (a) A county that collects property tax on property located within a convention center reinvestment zone shall, in accordance with Section 59-2-1365, distribute to the relevant public infrastructure district created by the eligible municipality any property tax increment the public infrastructure district is authorized to receive up to the amounts approved by the housing and transit reinvestment zone committee. (b) Property tax increment paid to the public infrastructure district are convention center reinvestment zone funds and shall be administered by the public infrastructure district within which the convention center reinvestment zone is located. (c) Property tax increment distributed to a public infrastructure district in accordance with Subsection (2)(a) is not revenue of the taxing entity or municipality. (d) A public infrastructure district shall use convention center reinvestment zone funds to achieve the purposes described in Section 63N-23-401. (3) Convention center reinvestment zone funds may be used to pay all of the costs of debt incurred by the public infrastructure district, including the cost to issue and repay the debt including interest. (4) An eligible municipality that is a capital city shall create one or more public infrastructure districts within the convention center reinvestment zone under Title 17D, Chapter 4, Public Infrastructure District Act, and the convention center reinvestment zone funds may be used to pay all or any portion of debt incurred by the public infrastructure district, including the cost to issue and repay the debt including interest.
Utah Code § 26B-7-314 — Utah Code / Title 26B / Chapter 26B-7 / § 26B-7-314
§ 26B-7-314. Examination, quarantine, isolation, and treatment costs.
Status: in_force

If a local health department obtains approval from the department, the costs that the local health department would otherwise have to bear for examination, quarantine, isolation, and treatment ordered under the provisions of Sections 26B-7-304 through 26B-7-314 shall be paid by the department to the extent that the individual is unable to pay and that other sources and insurance do not pay.
Utah Code § 63B-27-102 — Utah Code / Title 63B / Chapter 63B-27 / § 63B-27-102
§ 63B-27-102. Highway bonds -- Maximum amount -- Use of proceeds for Salt Lake County highway projects.
Status: in_force

(1) (a) Subject to the restriction in Subsection (1)(c), the total amount of bonds issued under this section may not exceed $47,000,000 for acquisition and construction proceeds , plus additional amounts necessary to pay costs of issuance, to pay capitalized interest, and to fund any existing debt service reserve requirements, with the total amount of the bonds not to exceed $47,470,000 . (b) When the Department of Transportation certifies to the commission the amount of bond proceeds that the commission needs to provide funding for the projects described in Subsection (2), the commission may issue and sell general obligation bonds in an amount equal to the certified amount, plus additional amounts necessary to pay costs of issuance , to pay capitalized interest, and to fund any existing debt service reserve requirements, not to exceed one percent of the certified amount . (c) The commission may not issue general obligation bonds authorized under this section if the issuance of the general obligation bonds would result in the total current outstanding general obligation debt of the state exceeding 50% of the limitation described in the Utah Constitution, Article XIV, Section 1. (2) (a) Proceeds from the bonds issued under this section shall be provided to the Department of Transportation to pay for or to provide funds to a municipality or county to pay for the costs of right-of-way acquisition, construction, reconstruction, renovations, or improvements to highways, transportation facilities, or multimodal transportation projects described in Subsection (2)(b). (b) Bond proceeds described under Subsection (2)(a) shall be used to pay for state and local highway projects or transportation facilities or multimodal transportation projects described in Subsection 72-2-121(4)(c) in Salt Lake County prioritized by the county. (c) The costs under this Subsection (2) may include the costs of acquiring land, interests in land, and easements and rights-of-way, the costs of improving sites, and making all improvements necessary, incidental, or convenient to the facilities, and the costs of interest estimated to accrue on these bonds during the period to be covered by construction of the projects plus a period of six months after the end of the construction period, interest estimated to accrue on any bond anticipation notes issued under the authority of this title, and all related engineering, architectural, and legal fees. (3) The commission or the state treasurer may make any statement of intent relating to a reimbursement that is necessary or desirable to comply with federal tax law. (4) The Department of Transportation may enter into agreements related to the project before the receipt of proceeds of bonds issued under this chapter.
Utah Code § 26B-3-120 — Utah Code / Title 26B / Chapter 26B-3 / § 26B-3-120
§ 26B-3-120. Prohibited acts of state or local employees of Medicaid program -- Violation a misdemeanor.
Status: in_force

(1) Each state or local employee responsible for the expenditure of funds under the state Medicaid program, each individual who formerly was such an officer or employee, and each partner of such an officer or employee is prohibited for a period of one year after termination of such responsibility from committing any act, the commission of which by an officer or employee of the United States Government, an individual who was such an officer or employee, or a partner of such an officer or employee is prohibited by Section 207 or Section 208 of Title 18, United States Code. (2) Violation of this section is a class A misdemeanor.
Utah Code § 31A-5-109 — Utah Code / Title 31A / Chapter 31A-5 / § 31A-5-109
§ 31A-5-109. Compliance extension.
Status: in_force

If timely adjustment to a particular requirement applicable to a Chapter 5, Domestic Stock and Mutual Insurance Corporations, mutual would cause a former county mutual, reciprocal insurer, cooperative association, or mutual benefit association hardship, disproportionate expense, or serious inconvenience, the commissioner may, upon the insurer's request, grant an extension for compliance if the interests of insureds and the public are not endangered. This extension may not be beyond July 1, 1988. The requirement of payment of taxes and fees is not considered a hardship or a disproportionate expense.
Utah Code § 31A-36-104 — Utah Code / Title 31A / Chapter 31A-36 / § 31A-36-104
§ 31A-36-104. License requirements, revocation, and denial.
Status: in_force

(1) (a) A person may not, without first obtaining a license from the commissioner, operate in or from this state as: (i) a life settlement provider; or (ii) a life settlement producer. (b) A life settlement is included within the scope of the life insurance producer line of authority. (2) (a) To obtain a license as a life settlement provider, an applicant shall: (i) comply with Section 31A-23a-117; (ii) file an application; (iii) pay the license fee; and (iv) provide evidence of financial responsibility. (b) If an applicant for a life settlement provider license complies with Subsection (2)(a) and Section 31A-23a-117, the commissioner shall investigate the applicant and issue a life settlement provider license if the commissioner finds that the applicant is competent and trustworthy to engage in the business of providing life settlements by experience, training, or education. (3) In addition to the requirements in Sections 31A-23a-111, 31A-23a-112 and 31A-23a-113, the commissioner may refuse to issue, suspend, revoke, or refuse to renew the license of a life settlement provider or life settlement producer if the commissioner finds that: (a) a life settlement provider demonstrates a pattern of unreasonable payments to owners; (b) the applicant, the licensee, an officer, partner, or member, or key management personnel: (i) is, whether or not a judgment of conviction is entered by the court, found guilty of, or pleads guilty or nolo contendere to: (A) a felony; or (B) a misdemeanor involving fraud or moral turpitude; (ii) violates this chapter; or (iii) is subject to a final administrative action by another state or federal jurisdiction. (c) a life settlement provider enters into a life settlement not approved under this chapter; (d) a life settlement provider fails to honor obligations of a life settlement; (e) a life settlement provider assigns, transfers, or pledges a settled policy to a person other than: (i) a life settlement provider licensed under this chapter; (ii) a life settlement purchaser; (iii) an accredited investor as defined in Regulation D, Rule 501, 17 C.F.R. Sec. 230.501; (iv) a qualified institutional buyer as defined in Rule 144A, 17 C.F.R. Sec. 230.144A; (v) a financing entity; (vi) a special purpose entity; or (vii) a related provider trust; (f) a life settlement provider fails to maintain a standard set forth in Subsection (2)(b); (g) an applicant or licensee has a material misrepresentation in an initial or renewal application for a license; or (h) the licensee engages in bad faith conduct with one or more owners. (4) If the commissioner denies a license application or suspends, revokes, or refuses to renew the license of a life settlement provider or life settlement producer, the commissioner shall conduct an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.