FrankGoortani/open-us-law huggingface dataset:
Utah Code § 32B-4-505 — Utah Code / Title 32B / Chapter 32B-4 / § 32B-4-505
§ 32B-4-505. Obstructing a search, official proceeding, or investigation.
Status: in_force

(1) A person who is in the premises or has charge over premises may not refuse or fail to admit to the premises or obstruct the entry of any of the following who demands entry when acting under this title: (a) a commissioner; (b) an authorized representative of the commission or department; or (c) a law enforcement officer. (2) A person who is in the premises or has charge of the premises may not interfere with any of the following who is conducting an investigation under this title at the premises: (a) a commissioner; (b) an authorized representative of the commission or department; or (c) a law enforcement officer. (3) After receiving written notice of an official proceeding or investigation under Chapter 15, Alcoholic Product Liability Act, or a criminal proceeding or investigation for a violation of Section 41-6a-502 or 41-6a-517, a person may not knowingly alter, destroy, conceal, or remove a record that is relevant to the official proceeding or investigation. (4) A person who believes that an official proceeding or investigation is pending or about to be instituted under this title may not: (a) alter, destroy, conceal, or remove a record with a purpose to impair the record's verity or availability in the proceeding or investigation; or (b) make, present, or use anything that the person knows to be false with the purpose to deceive any of the following who may be engaged in the proceeding or investigation: (i) a commissioner; (ii) an authorized representative of the commission or department; (iii) a law enforcement officer; or (iv) another person. (5) (a) Except as provided in Subsection (5)(b), a violation of Subsection (1), (2), or (3) is a class B misdemeanor. (b) A violation of Subsection (3) is a class A misdemeanor if the record is relevant to an official proceeding or investigation for a violation of Section 32B-4-404. (c) A violation of Subsection (4) is a class A misdemeanor.
Utah Code § 26B-5-327 — Utah Code / Title 26B / Chapter 26B-5 / § 26B-5-327
§ 26B-5-327. Allocation of pediatric state hospital beds -- Formula.
Status: in_force

(1) As used in this section: (a) "Mental health catchment area" means a county or group of counties governed by a local mental health authority. (b) "Pediatric beds" means the total number of patient beds located in the children's unit and the youth units at the state hospital, as determined by the superintendent of the state hospital. (2) On July 1, 1996, 72 pediatric beds shall be allocated to local mental health authorities under this section. The division shall review and adjust the number of pediatric beds as necessary every three years according to the state's population of persons under 18 years old. All population figures utilized shall reflect the most recent available population estimates from the Governor's Office of Planning and Budget. (3) The allocation of beds shall be based on the percentage of the state's population of persons under 18 years old located within a mental health catchment area. Each community mental health center shall be allocated at least one bed. (4) A local mental health authority may sell or loan its allocation of beds to another local mental health authority. (5) The division shall allocate 72 pediatric beds at the state hospital to local mental health authorities for their use in accordance with the formula established under this section. If a local mental health authority is unable to access a bed allocated to it under that formula, the division shall provide that local mental health authority with funding equal to the reasonable, average daily cost of an acute care bed purchased by the local mental health authority.
Utah Code § 53E-3-517 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-517
§ 53E-3-517. Educator credential database.
Status: in_force

(1) As used in this section: (a) "Educator" means the same as that term is defined in Section 53E-6-102. (b) "Educator credential database" means a database used by the state board that: (i) contains educator credential information and LEA information; and (ii) is used by the state board to determine funding distribution. (2) Before July 1, 2020, the state board shall ensure that a technical limitation of the educator credential database does not prevent an educator from accepting employment at more than one LEA.
Utah Code § 63J-5-301 — Utah Code / Title 63J / Chapter 63J-5 / § 63J-5-301
§ 63J-5-301. Definitions.
Status: in_force

As used in this part: (1) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C. Sec. 7501, that is reported as part of a single audit. (2) "Qualifying agency" means an agency that, in a single fiscal year, has federal receipts composing more than 33% of the agency's total budget. (3) "Single audit" means the same as that term is defined in 31 U.S.C. Sec. 7501.
Utah Code § 20A-14-101.1 — Utah Code / Title 20A / Chapter 20A-14 / § 20A-14-101.1
§ 20A-14-101.1. Definitions.
Status: in_force

As used in this part: (1) "Board" means the State Board of Education. (2) "Board block equivalency file" means the electronic file designated as SB2005S07_BEF.txt that assigns each of Utah's 71,207 census blocks to a particular State Board of Education district. (3) "Board shapefile" means the electronic shapefile that: (a) is the resulting projection of the Board block equivalency file; and (b) stores the boundary of each of the 15 State Board of Education districts. (4) "Census block" means any one of the 71,207 individual geographic areas into which the Bureau of the Census of the United States Department of Commerce has divided the state of Utah, to each of which the Bureau of the Census has attached a discrete population tabulation from the 2020 decennial census. (5) "Shapefile" means the digital vector storage format for storing geometric location and associated attribute information.
Utah Code § 32B-18-203 — Utah Code / Title 32B / Chapter 32B-18 / § 32B-18-203
§ 32B-18-203. Application -- Approval process.
Status: in_force

(1) (a) A person seeking an alcohol license in accordance with this part that is currently held by another person shall submit to the department: (i) a written application for a new license in a form prescribed by the department; and (ii) a fee in accordance with Section 32B-18-207. (b) If the person seeking an alcohol license as described in Subsection (1) seeks to take over the daily operations of the alcohol license before the commission grants the transfer, the person and the alcohol licensee shall enter into an interim alcoholic beverage management agreement that: (i) provides for all proceeds from the sale of alcohol, less cost of goods sold, to accrue to the current alcohol licensee; (ii) provides for the duration of the agreement, that the current alcohol licensee: (A) shall comply with the requirements of this title that are applicable to the alcohol license; and (B) in accordance with this title, is subject to disciplinary action by the commission for a violation of this title; and (iii) the department approves. (c) If the person seeking an alcohol license as described in Subsection (1) seeks to buy the inventory from the existing licensee, the person and the alcohol licensee shall enter into an inventory transfer agreement that the department approves. (2) An alcohol licensee seeking to restructure the alcohol licensee's internal ownership of 51% or more shall submit to the department: (a) a written application in a form prescribed by the department; and (b) a fee in accordance with Section 32B-18-207. (3) A person or business entity shall comply with this section within 60 days after the day on which the sale of the business's assets closes or the restructuring of the business entity becomes effective. (4) In accordance with this section and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules governing the requirements of an interim alcoholic beverage management agreement.
Utah Code § 53H-8-613 — Utah Code / Title 53H / Chapter 53H-8 / § 53H-8-613
§ 53H-8-613. Mandamus in Supreme Court -- Precedence.
Status: in_force

(1) If an official required by the proceeding authorizing bonds under this part to sign the bonds refuses to affix the official's signature to the bonds, or if the attorney general refuses to certify the bonds as legal obligations, alleging illegality of the bonds, the board may bring an original action in mandamus in the Supreme Court of Utah. (2) The importance to the state and its inhabitants of the program of loans to eligible borrowers is such that this action brought in the Supreme Court should be given precedence over the other matters pending before the court, and the court is requested to give this action precedence and to render its decision concerning it at the earliest possible time.
Utah Code § 20A-5-205 — Utah Code / Title 20A / Chapter 20A-5 / § 20A-5-205
§ 20A-5-205. Delivery of official register.
Status: in_force

(1) Before delivering the official register to the poll workers, the county clerk shall verify the accuracy and completeness of the official register. (2) The county clerk shall, before the polls open at an early voting center or any other polling place: (a) deliver the official register to each polling place; and (b) provide verification of the official register's accuracy and completeness. (3) This section does not prohibit a county clerk from updating an official register as necessary.
Utah Code § 63H-1-301 — Utah Code / Title 63H / Chapter 63H-1 / § 63H-1-301
§ 63H-1-301. Authority board -- Delegation of power.
Status: in_force

(1) The authority shall be governed by a board which shall manage and conduct the business and affairs of the authority and shall determine all questions of authority policy. (2) All powers of the authority are exercised through the board. (3) The board may by resolution delegate powers to authority staff, including the power to adopt a rule governing the use of electronic meetings under Section 52-4-207.
Utah Code § 26B-3-1109 — Utah Code / Title 26B / Chapter 26B-3 / § 26B-3-1109
§ 26B-3-1109. Civil penalties.
Status: in_force

(1) The culpable mental state required for a civil violation of this part is "knowing" or "knowingly" which: (a) means that person, with respect to information: (i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information; and (b) does not require a specific intent to defraud. (2) Any person who violates this part shall, in all cases, in addition to other penalties provided by law, be required to: (a) make full and complete restitution to the state of all damages that the state sustains because of the person's violation of this part; (b) pay to the state its costs of enforcement of this part in that case, including the cost of investigators, attorneys, and other public employees, as determined by the state; and (c) pay to the state a civil penalty equal to: (i) three times the amount of damages that the state sustains because of the person's violation of this part; and (ii) not less than $5,000 or more than $10,000 for each claim filed or act done in violation of this part. (3) Any civil penalties assessed under Subsection (2) shall be awarded by the court as part of its judgment in both criminal and civil actions. (4) A criminal action need not be brought against a person in order for that person to be civilly liable under this section.
Utah Code § 63B-10-112 — Utah Code / Title 63B / Chapter 63B-10 / § 63B-10-112
§ 63B-10-112. Refunding of bonds.
Status: in_force

(1) The commission may provide for the refunding of any of the bonds in accordance with Title 11, Chapter 27, Utah Refunding Bond Act. (2) For purposes of Title 11, Chapter 27, Utah Refunding Bond Act, the state of Utah is considered the public body and the commission its governing body.
Utah Code § 78B-8-506 — Utah Code / Title 78B / Chapter 78B-8 / § 78B-8-506
§ 78B-8-506. Payment of expenses awarded -- Statement required in agency's budget.
Status: in_force

Expenses awarded under this part shall be paid from funds in the regular operating budget of the state entity. If sufficient funds are not available in the budget of the entity, the expenses shall be considered a claim governed by the provisions of Title 63G, Chapter 9, Board of Examiners Act. Every state entity against which litigation expenses have been awarded under this part shall, at the time of submission of its proposed budget, submit a report to the governmental body which appropriates its funds in which the amount of expenses awarded and paid under this act during the fiscal year is stated.
Utah Code § 26B-3-221 — Utah Code / Title 26B / Chapter 26B-3 / § 26B-3-221
§ 26B-3-221. Medicaid waiver for respite care facility that provides services to homeless individuals.
Status: in_force

(1) As used in this section: (a) "Adult in the expansion population" means an adult: (i) described in 42 U.S.C. Sec. 1396a(a)(10)(A)(i)(VIII); and (ii) not otherwise eligible for Medicaid as a mandatory categorically needy individual. (b) "Homeless" means the same as that term is defined in Section 26B-3-207. (c) "Medical respite care" means short-term housing with supportive medical services. (d) "Medical respite facility" means a residential facility that provides medical respite care to homeless individuals. (2) Before January 1, 2025, the department shall amend a Medicaid waiver with CMS to choose no more than two medical respite facilities to reimburse for services provided to an individual who is: (a) homeless; and (b) an adult in the expansion population. (3) The department shall choose medical respite facilities that are best able to serve homeless individuals who are adults in the expansion population. (4) If the waiver or state plan amendment described in Subsection (2) is approved, while the waiver or state plan amendment is in effect, the department shall submit a report to the Health and Human Services Interim Committee each year before November 30 detailing: (a) the number of homeless individuals served under the waiver; (b) the cost of the program; and (c) the reduction of health care costs due to the program's implementation. (5) Through administrative rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall further define and limit the services, described in this section, provided to a homeless individual.
Utah Code § 70A-7a-204 — Utah Code / Title 70A / Chapter 70A-7a / § 70A-7a-204
§ 70A-7a-204. Duty of care -- Contractual limitation of warehouse's liability.
Status: in_force

(1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care. (2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods. (3) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.
Utah Code § 78B-9-106 — Utah Code / Title 78B / Chapter 78B-9 / § 78B-9-106
§ 78B-9-106. Preclusion of relief -- Exception.
Status: in_force

(1) A petitioner is not eligible for relief under this chapter upon any ground that: (a) may still be raised on direct appeal or by a post-trial motion; (b) was raised or addressed in the trial court, at trial, or on appeal; (c) could have been but was not raised in the trial court, at trial, or on appeal; (d) was raised or addressed in any previous request for post-conviction relief or could have been, but was not, raised in a previous request for postconviction relief; or (e) is barred by the limitation period established in Section 78B-9-107. (2) (a) The state may raise any of the procedural bars or time bar at any time, including during an appeal from an order granting or denying postconviction relief, unless the court determines that the state should have raised the time bar or procedural bar at an earlier time. (b) Any court may raise a procedural bar or time bar on the court's own motion, provided that the court gives the parties notice and an opportunity to be heard. (3) (a) Notwithstanding Subsection (1)(c), a petitioner may be eligible for relief on a basis that the ground could have been but was not raised in the trial court, at trial, or on appeal, if the failure to raise that ground was due to ineffective assistance of counsel. (b) Notwithstanding Subsections (1)(c) and (1)(d), a petitioner may be eligible for relief on a basis that the ground could have been but was not raised in the trial court, at trial, on appeal, or in a previous request for postconviction relief, if the failure to raise that ground was due to force, fraud, or coercion as defined in Section 76-5-308. (4) This section authorizes a merits review only to the extent required to address the exception set forth in Subsection (3). (5) This section does not apply to a petition filed under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.
Utah Code § 53G-9-208 — Utah Code / Title 53G / Chapter 53G-9 / § 53G-9-208
§ 53G-9-208. Sunscreen -- Possession -- Administration -- Immunity.
Status: in_force

(1) As used in this section, "sunscreen" means a compound topically applied to prevent sunburn. (2) A public school shall permit a student, without a parent's, physician's, or physician assistant's authorization, to possess or self-apply sunscreen that is regulated by the Food and Drug Administration. (3) If a student is unable to self-apply sunscreen, a volunteer school employee may apply the sunscreen on the student if the student's parent provides written consent for the assistance. (4) A volunteer school employee who applies sunscreen on a student in compliance with Subsection (3) and the volunteer school employee's employer are not liable for: (a) an adverse reaction suffered by the student as a result of having the sunscreen applied; or (b) discontinuing the application of the sunscreen at any time.
Utah Code § 65A-6-11 — Utah Code / Title 65A / Chapter 65A-6 / § 65A-6-11
§ 65A-6-11. Land subject to a federal mineral lease.
Status: in_force

(1) With respect to any tract of land in which the state acquires or has acquired any interest subject to an outstanding federal mineral lease or prospecting permit, the lessee or permittee may submit a petition seeking extension of the permit or lease or any other action as may be necessary to give to the lessee or permittee any and all rights, privileges, and benefits which the lessee or permittee would have had under the permit or lease had the state not acquired its interest in the tract. (2) In consideration of the voluntary termination by the federal lessee or permittee of the lease or permit as it relates to that tract, the division may issue to that lessee or permittee a lease of the acquired tract or any portion of that tract for recovery of the same mineral substances upon terms that the lessee or permittee shall have all the rights, privileges, and benefits with reference to that tract which the lessee or permittee would have had by reason of the lease or permit from the United States had the state not acquired its interest in the tract.
Utah Code § 78B-5-821 — Utah Code / Title 78B / Chapter 78B-5 / § 78B-5-821
§ 78B-5-821. Joinder of defendants.
Status: in_force

(1) A person seeking recovery, or any defendant who is a party to the litigation, may join as a defendant, in accordance with the Utah Rules of Civil Procedure, any person other than a person immune from suit alleged to have caused or contributed to the injury or damage for which recovery is sought, for the purpose of having determined their respective proportions of fault. (2) A person immune from suit may not be named as a defendant, but fault may be allocated to a person immune from suit solely for the purpose of accurately determining the fault of the person seeking recovery and all defendants. A person immune from suit is not subject to any liability, based on the allocation of fault, in this or any other action. (3) (a) A person immune from suit may intervene as a party under Rule 24, Utah Rules of Civil Procedure, regardless of whether or not money damages are sought. (b) A person immune from suit who intervenes in an action may not be held liable for any fault allocated to that person under Section 78B-5-818. (4) Fault may not be allocated to a non-party unless a party timely files a description of the factual and legal basis on which fault can be allocated and information identifying the non-party, to the extent known or reasonably available to the party, including name, address, telephone number and employer. The party shall file the description and identifying information in accordance with Rule 9, Utah Rules of Civil Procedure or as ordered by the court but in no event later than 90 days before trial as provided in Rule 9, Utah Rules of Civil Procedure.
Utah Code § 23A-13-303 — Utah Code / Title 23A / Chapter 23A-13 / § 23A-13-303
§ 23A-13-303. County public nuisance laws.
Status: in_force

(1) (a) A county shall exclude the activities described in Subsection (1)(b) from the definition of public nuisance in a county law or ordinance regulating a public nuisance. (b) An activity or occurrence normally associated with a migratory bird production area is not a nuisance, including: (i) hunting; (ii) discharging a firearm; (iii) improving habitat; (iv) trapping; (v) eradicating weeds; (vi) discing; (vii) planting; (viii) impounding water; (ix) raising a bird or other domestic animal; (x) grazing; (xi) an activity conducted in the normal course of an agricultural operation as defined in Section 78B-6a-101; and (xii) an odor. (2) An owner of a new development located in whole or in part within 1,000 feet of a migratory bird production area shall provide the following notice on a plat filed with the county recorder:"Migratory Bird Production AreaThis property is located in the vicinity of an established migratory bird production area in which hunting and activities related to the management and operation of land for the benefit of migratory birds have been afforded the highest priority use status. It can be anticipated that these uses and activities may now or in the future be conducted on land within the migratory bird production area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from activities normally associated with a migratory bird production area."