reglab/statecodes huggingface dataset:
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 2 - Definitions.

Effective 2/27/2023
67-21-2.
Definitions.
As used in this chapter:
(1) "Abuse of authority" means an arbitrary or capricious exercise of power that:
(a) adversely affects the employment rights of another; or
(b) results in personal gain to the person exercising the authority or to another person.
(2) "Communicate" means a verbal, written, broadcast, or other communicated report.
(3) "Damages" means general and special damages for injury or loss caused by each violation of this chapter.
(4) "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied.
(5)
(a) "Employer" means the public body or public entity that employs the employee.
(b) "Employer" includes an agent of an employer.
(6) "Good faith" means that an employee acts with:
(a) subjective good faith; and
(b) the objective good faith of a reasonable employee.
(7) "Gross mismanagement" means action or failure to act by a person, with respect to a person's responsibility, that causes significant harm or risk of harm to the mission of the public entity or public body that employs, or is managed or controlled by, the person.
(8) "Judicial employee" means an employee of the judicial branch of state government.
(9) "Legislative employee" means an employee of the legislative branch of state government.
(10) "Political subdivision employee" means an employee of a political subdivision of the state.
(11) "Public body" means any of the following:
(a) a state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution, or any other body in the executive branch of state government;
(b) an agency, board, commission, council, institution member, or employee of the legislative branch of state government;
(c) a county, city, town, regional governing body, council, school district, special district, special service district, or municipal corporation, board, department, commission, council, agency, or any member or employee of them;
(d) any other body that is created by state or local authority, or that is primarily funded by or through state or local authority, or any member or employee of that body;
(e) a law enforcement agency or any member or employee of a law enforcement agency; and
(f) the judiciary and any member or employee of the judiciary.
(12) "Public entity" means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government.
(13) "Public entity employee" means an employee of a public entity.
(14) "Retaliatory action" means the same as that term is defined in Section 67-19a-101.
(15) "State institution of higher education" means the same as that term is defined in Section 53B-3-102.
(16) "Unethical conduct" means conduct that violates a provision of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 3.5 - Administrative review of retaliatory action against a public entity employee.

Effective 5/4/2022
67-21-3.5.
Administrative review of retaliatory action against a public entity employee.
(1) A public entity employee who believes that the employee's employer has taken retaliatory action against the employee in violation of this chapter may file a grievance with the Career Service Review Office in accordance with Section 67-19a-402.5 and subject to Section 67-21-4.
(2) If the Career Service Review Office determines that retaliatory action is taken in violation of this chapter against the public entity employee, the Career Service Review Office may order:
(a) reinstatement of the public entity employee at the same level held by the public entity employee before the retaliatory action;
(b) the payment of back wages, in accordance with Subsection 67-19a-406(5)(b);
(c) full reinstatement of benefits;
(d) full reinstatement of other employment rights; or
(e) if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the employee had been promoted.
(3) A public entity employer has the burden to prove by substantial evidence that the public entity employer's action was justified.
(4) A public entity employee or public entity employer may appeal a determination of the Career Service Review Office as provided in Section 67-19a-402.5.
Amended by Chapter 174, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 3.6 - Administrative review for political subdivision employees.

Effective 5/4/2022
67-21-3.6.
Administrative review for political subdivision employees.
(1)
(a) A political subdivision may adopt an ordinance to establish an independent personnel board to hear and take action on a complaint alleging retaliatory action.
(b) The ordinance described in Subsection (1)(a) shall include:
(i) procedures for filing a complaint and conducting a hearing; and
(ii) a burden of proof on the employer to establish by substantial evidence that the employer's action was justified by reasons unrelated to the employee's good faith actions under Section 67-21-3.
(2) If a political subdivision adopts an ordinance described in Subsection (1), a political subdivision employee may file a complaint with the independent personnel board alleging retaliatory action.
(3) If an independent personnel board finds that retaliatory action is taken in violation of the ordinance described in Subsection (1)(a), the independent personnel board may order:
(a) reinstatement of the employee at the same level as before the retaliatory action;
(b) the payment of back wages;
(c) full reinstatement of fringe benefits;
(d) full reinstatement of seniority rights; or
(e) if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
Amended by Chapter 174, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 3.7 - Administrative review for state institution of higher education employees.

Effective 5/4/2022
67-21-3.7.
Administrative review for state institution of higher education employees.
(1)
(a) As used in this section, "independent personnel board" means a board where no member of the board:
(i) is in the same department as the complainant;
(ii) is a supervisor of the complainant; or
(iii) has a conflict of interest in relation to the complainant or an allegation made in the complaint.
(b) A state institution of higher education shall adopt a policy to establish an independent personnel board to hear and take action on a complaint alleging retaliatory action.
(c) The policy described in Subsection (1)(b) shall include:
(i) procedures for filing a complaint and conducting a hearing; and
(ii) a burden of proof on the employer to establish by substantial evidence that the employer's action was justified by reasons unrelated to the employee's good faith actions under Section 67-21-3.
(2)
(a) An employee of a state institution of higher education may file a complaint with the independent personnel board described in Subsection (1)(b) alleging retaliatory action.
(b) An independent personnel board that receives a complaint under Subsection (2)(a) shall hear the matter, resolve the complaint, and take action under Subsection (3) within the later of:
(i) 30 days after the day on which the employee files the complaint; or
(ii) a longer period of time, not to exceed 30 additional days, if the employee and the independent personnel board mutually agree on the longer time period.
(3) If an independent personnel board finds that retaliatory action is taken in violation of the policy described in Subsection (1)(b), the independent personnel board may order, or recommend to a final decision maker:
(a) reinstatement of the employee at the same level as before the retaliatory action;
(b) the payment of back wages;
(c) full reinstatement of fringe benefits;
(d) full reinstatement of seniority rights; or
(e) if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
(4) A final decision maker who receives a recommendation under Subsection (3) shall render a decision and enter an order within seven days after the day on which the final decision maker receives the recommendation.
Amended by Chapter 174, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 5 - Court orders for violation of chapter.

67-21-5.
Court orders for violation of chapter.
(1) A court, in rendering a judgment in an action brought under this chapter, may order reinstatement of the employee at the same level, the payment of back wages, full reinstatement of fringe benefits and seniority rights, damages, or any combination of these remedies.
(2) A court shall award the complainant all or a portion of the costs of litigation, which are defined to include reasonable attorney fees and witness fees, if the court determines that the complainant prevails.
Amended by Chapter 427, 2013 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 6 - Civil fine.

Effective 5/4/2022
67-21-6.
Civil fine.
(1)
(a) A person who violates this chapter is liable for a civil fine of not more than $500.
(b) The person who takes a retaliatory action against an employee in violation of this chapter, and not the public body that employs the employee, shall, after receiving notice and an opportunity to be heard, pay the civil fine under this Subsection (1).
(c) If a person is ordered to pay a civil fine under this Subsection (1), the employer may dismiss the person who took the retaliatory action in violation of this chapter.
(2) A civil fine ordered under this chapter shall be submitted to the state treasurer for deposit in the General Fund.
(3) The civil fine described in this section may be imposed if a violation of this chapter is found by:
(a) an independent personnel board described in Subsection 67-21-3.6(1)(a) or 67-21-3.7(1)(a);
(b) the Career Service Review Office; or
(c) a court.
Amended by Chapter 174, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 7 - No impairment of employee rights under collective bargaining agreement.

67-21-7.
No impairment of employee rights under collective bargaining agreement.
This chapter shall not be construed to diminish or impair the rights of an employee under any collective bargaining agreement.
Enacted by Chapter 216, 1985 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 8 - No compensation when participation in public inquiry.

67-21-8.
No compensation when participation in public inquiry.
This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by a public body in accordance with Section 67-21-3.
Enacted by Chapter 216, 1985 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 9 - Notice of contents of this chapter -- Posting.

Effective 5/8/2018
67-21-9.
Notice of contents of this chapter -- Posting.
(1) An employer shall post notices and use other appropriate means to keep employees informed of their protections and obligations under this chapter.
(2) An employer shall provide an employee with a copy of this chapter:
(a) when the employee is hired;
(b) upon a request by the employee; and
(c) when the employee files a grievance under this chapter.
Amended by Chapter 178, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 21 - Utah Protection of Public Employees Act › Section 10 - False accusations.

67-21-10.
False accusations.
(1) An employee violates this chapter if the employee knowingly makes a false accusation against an employer under this chapter.
(2) An employee who violates Subsection (1), is subject to:
(a) a fine not to exceed $5,000; and
(b) dismissal from employment.
Enacted by Chapter 427, 2013 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 22 - State Officer Compensation › Section 1 - Compensation -- Constitutional offices.

Effective 5/12/2020
67-22-1.
Compensation -- Constitutional offices.
(1)
(a) The salary for the governor shall be set annually by the Legislature in an appropriations act.
(b) Constitutional office salaries shall be based on the following percentages of the salary of the governor:
(i) lieutenant governor: 90% of the governor's salary;
(ii) attorney general: 95% of the governor's salary;
(iii) state auditor: 90% of the governor's salary; and
(iv) state treasurer: 90% of the governor's salary.
(2) The Legislature fixes benefits for the constitutional offices as follows:
(a) governor:
(i) a vehicle for official and personal use;
(ii) housing;
(iii) household and security staff;
(iv) household expenses;
(v) retirement benefits as provided in Title 49, Utah State Retirement and Insurance Benefit Act;
(vi) health insurance;
(vii) dental insurance;
(viii) basic life insurance;
(ix) workers' compensation;
(x) required employer contribution to Social Security;
(xi) long-term disability income insurance; and
(xii) the same additional state paid life insurance available to other noncareer service employees; and
(b) lieutenant governor, attorney general, state auditor, and state treasurer:
(i) a vehicle for official and personal use;
(ii) the option of participating in a:
(A) state retirement system in accordance with Title 49, Utah State Retirement and Insurance Benefit Act:
(I)Chapter 12, Public Employees' Contributory Retirement Act;
(II)Chapter 13, Public Employees' Noncontributory Retirement Act; or
(III)Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
(B) deferred compensation plan administered by the State Retirement Office, in accordance with the Internal Revenue Code and its accompanying rules and regulations;
(iii) health insurance;
(iv) dental insurance;
(v) basic life insurance;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance; and
(ix) the same additional state paid life insurance available to other noncareer service employees.
(3) Each constitutional office shall pay the cost of the additional state-paid life insurance for its constitutional officer from its existing budget.
Amended by Chapter 432, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 24 - Lobbying Restrictions Act › Section 102 - Definitions.

67-24-102.
Definitions.
As used in this chapter:
(1) "Lobbying" is as defined in Section 36-11-102.
(2) "Lobbyist" is as defined in Section 36-11-102.
(3) "State official" means:
(a) a member of the Legislature;
(b) the governor;
(c) the lieutenant governor;
(d) the state auditor;
(e) the state treasurer; and
(f) the attorney general.
Enacted by Chapter 360, 2009 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 24 - Lobbying Restrictions Act › Section 103 - Qualified prohibitions on lobbyists -- Time limit -- Exceptions.

67-24-103.
Qualified prohibitions on lobbyists -- Time limit -- Exceptions.
(1) Except as provided in Subsection (2), a former state official serving on or after May 12, 2009, may not become a lobbyist or engage in lobbying that would require registration as a lobbyist under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act, for one calendar year, beginning on the day the state official leaves office and ending on the one-year anniversary of that day.
(2) This section does not apply if the former state official engages in lobbying on behalf of:
(a) himself; or
(b) a business with which he is associated, unless the primary activity of the business is lobbying or governmental relations.
Enacted by Chapter 360, 2009 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 26 - Utah Public Employees Healthy Workplace Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2021
67-26-102.
Definitions.
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.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 26 - Utah Public Employees Healthy Workplace Act › Part 1 - General Provisions › Section 103 - Effect of chapter.

Effective 7/1/2020
67-26-103.
Effect of chapter.
This chapter does not:
(1) exempt or relieve a person from a liability, duty, or penalty provided by another federal or state law;
(2) create a private right of action;
(3) expand or diminish rights or remedies available to a person before July 1, 2020; or
(4) expand or diminish grounds for discipline that existed before July 1, 2020.
Enacted by Chapter 155, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 26 - Utah Public Employees Healthy Workplace Act › Part 2 - Abusive Conduct › Section 201 - State policy on abusive conduct.

Effective 7/1/2020
67-26-201.
State policy on abusive conduct.
It is the policy of the state to provide and maintain a work environment free from abusive conduct.
Enacted by Chapter 155, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 26 - Utah Public Employees Healthy Workplace Act › Part 2 - Abusive Conduct › Section 202 - Abusive conduct complaint, investigation, administrative review process.

Effective 7/1/2021
67-26-202.
Abusive conduct complaint, investigation, administrative review process.
(1) An employee may file a written complaint of abusive conduct with the human resources department of the employee's employer if the complaint is against an employee of the same employer as the employee filing the complaint.
(2) If an employee files a written complaint of abusive conduct under Subsection (1), the human resources department of the employee's employer shall conduct an abusive conduct investigation.
(3)
(a) Each employer that is not a state executive branch agency:
(i) shall provide the employer's employees a process for:
(A) filing an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint; and
(B) an administrative review of the findings of an abusive conduct investigation described in Subsection (2) that is substantially similar to the administrative review process described in Section 67-19a-501; and
(ii) may request assistance from the division, at the division's current consultant rate, or the office, at a reasonable rate established by the office, in developing a process described in this Subsection (3)(a).
(b) The division shall provide a process for an employee of a state executive branch agency to file an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint.
(4) The complaint described in Subsection (1) and a subsequent abusive conduct investigation are subject to:
(a) in relation to an employer other than a state executive branch agency, the administrative review process described in Subsection (3)(a); and
(b) in relation to a state executive branch agency, the office's administrative review process described in Section 67-19a-501.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 26 - Utah Public Employees Healthy Workplace Act › Part 2 - Abusive Conduct › Section 203 - Abusive conduct -- Training -- Policy.

Effective 7/1/2020
67-26-203.
Abusive conduct -- Training -- Policy.
(1) As used in this section:
(a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a covered employee to another covered employee of the same covered 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 a covered employee's known physical or psychological disability.
(b) "Covered employee" means:
(i) for the judicial branch, a judge or an employee of the judicial branch; or
(ii) for a higher education entity, each governing member and each employee of the higher education entity.
(c) "Covered employer" means:
(i) the judicial branch; or
(ii) a higher education entity.
(d) "Higher education entity" means an entity within the Utah System of Higher Education, including each member institution, the Utah Board of Higher Education, and the office of commissioner of higher education.
(2) The judicial branch shall, beginning on January 1, 2021:
(a) provide annual training to all covered employees on abusive conduct in the workplace; and
(b) implement a policy prohibiting, and for reporting and resolving, abusive conduct within the judicial branch.
(3) Each higher education entity shall, beginning on January 1, 2021:
(a) provide annual training to all covered employees on abusive conduct in the workplace; and
(b) implement a policy prohibiting, and for reporting and resolving, abusive conduct within the higher education entity.
(4) The judicial branch and each higher education entity shall, before May 1, 2021, submit to the Government Operations Interim Committee a copy of the policies described in Subsections (2)(b) and (3)(b).
Enacted by Chapter 155, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 27 - General Requirements for State Officers and Employees › Section 102 - Definitions.

Effective 5/4/2022
67-27-102.
Definitions.
As used in this chapter:
(1) "Career service employee" means the same as that term is defined in Section 63A-17-102.
(2) "Executive branch elected official" means:
(a) the governor;
(b) the lieutenant governor;
(c) the attorney general;
(d) the state treasurer; or
(e) the state auditor.
(3) "Executive branch official" means an individual who:
(a) is a management level employee of an executive branch elected official; and
(b) is not a career service employee.
(4) "State agency" means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government.
Renumbered and Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 27 - General Requirements for State Officers and Employees › Section 104 - Restrictions on outside employment by executive branch employees.

Effective 5/4/2022
67-27-104.
Restrictions on outside employment by executive branch employees.
(1) An employee who is under the direction or control of an executive branch elected official may not engage in outside employment that:
(a) constitutes a conflict of interest;
(b) interferes with the ability of the employee to fulfill the employee's job responsibilities;
(c) constitutes the provision of political services, political consultation, or lobbying;
(d) involves the provision of consulting services, legal services, or other services to a person that the employee could, within the course and scope of the employee's primary employment, provide to the person; or
(e) interferes with the hours that the employee is expected to perform work under the direction or control of an executive branch elected official, unless the employee takes authorized personal leave during the time that the person engages in the outside employment.
(2) An executive branch official shall be subject to the same restrictions on outside employment as a career service employee.
(3) This section does not prohibit an employee from advocating the position of the state office that employs the employee regarding legislative action or other government action.
Renumbered and Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 1 - Common law adopted.

68-3-1.
Common law adopted.
The common law of England so far as it is not repugnant to, or in conflict with, the constitution or laws of the United States, or the constitution or laws of this state, and so far only as it is consistent with and adapted to the natural and physical conditions of this state and the necessities of the people hereof, is hereby adopted, and shall be the rule of decision in all courts of this state.
No Change Since 1953
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 2 - Statutes in derogation of common law not strictly construed -- Rules of equity prevail.

68-3-2.
Statutes in derogation of common law not strictly construed -- Rules of equity prevail.
(1) The rule of the common law that a statute in derogation of the common law is to be strictly construed does not apply to the Utah Code.
(2) A statute of the Utah Code establishes the law of this state respecting the subjects to which the statute relates.
(3) Each provision of, and each proceeding under, the Utah Code shall be construed with a view to effect the objects of the provision and to promote justice.
(4) When there is a conflict between the rules of equity and the rules of common law in reference to the same matter, the rules of equity prevail.
Amended by Chapter 254, 2010 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 5 - Effect of repeal.

68-3-5.
Effect of repeal.
The repeal of a statute does not revive a statute previously repealed, or affect any right which has accrued, any duty imposed, any penalty incurred, or any action or proceeding commenced under or by virtue of the statute repealed.
No Change Since 1953
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 6 - Identical provisions deemed a continuation, not new enactment.

68-3-6.
Identical provisions deemed a continuation, not new enactment.
The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a continuation of such provisions, and not as a new enactment.
No Change Since 1953
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 7 - Time, how computed.

68-3-7.
Time, how computed.
(1) A person shall compute the period of time provided by law to perform an act by:
(a) excluding the first day; and
(b) except as provided in Subsection (2), including the last day.
(2) If the last day is a legal holiday, a Saturday, or a Sunday, then a person shall:
(a) exclude the day described in this Subsection (2) from the time computation described in Subsection (1); and
(b) compute the period of time to include the end of the next day that is not a legal holiday, a Saturday, or a Sunday.
Amended by Chapter 236, 2012 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 8 - When a day appointed is a holiday.

68-3-8.
When a day appointed is a holiday.
Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a legal holiday, such act may be performed upon the next succeeding business day with the same effect as if it had been performed upon the day appointed.
Amended by Chapter 236, 2012 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 8.5 - Mailing reports and payments to government -- Determining when the report or payment is considered to be filed or made.

68-3-8.5.
Mailing reports and payments to government -- Determining when the report or payment is considered to be filed or made.
(1) As used in this section:
(a) "Payment" means money required or authorized to be paid to the state or a political subdivision of the state.
(b) "Report" means a report, claim, tax return, statement, or other document required or authorized to be filed with the state or a political subdivision of the state.
(c) "Trigger report" means a report that, upon its receipt by a political subdivision of the state, triggers a responsibility on the part of the political subdivision to respond.
(2)
(a) Except as otherwise provided by statute:
(i) a report, other than a trigger report, or a payment that is transmitted through the United States mail is considered to be filed or made and received by the state or political subdivision on the date shown by the post office cancellation mark stamped upon the envelope or other appropriate wrapper containing it; and
(ii) a trigger report that is transmitted through the United States mail is considered to be filed and received on the date shown by the post office cancellation mark stamped upon the envelope or other appropriate wrapper containing it, if the report is addressed to the attention of:
(A) the county clerk, for a county;
(B) the city recorder, for a city;
(C) the town clerk, for a town; or
(D) the clerk or comparable official of the political subdivision, for any other political subdivision of the state.
(b) A report or payment that is mailed but not received by the state or political subdivision, or received but the cancellation mark is illegible, erroneous, or omitted, is considered to be filed or made and received on the date it was mailed if:
(i) the sender establishes by competent evidence that the report or payment was deposited in the United States mail on or before the date for filing or paying; and
(ii) the sender files with the state or political subdivision a duplicate within 30 days after the state or political subdivision gives the sender written notification of nonreceipt of the report or payment.
(c) If any report or payment is sent by United States mail, consistent with Subsection (2)(a), and is registered or certified:
(i) a record authenticated by the United States post office of that registration or certification is considered to be competent evidence that the report or payment was delivered to the person or entity to which it was addressed; and
(ii) the date of registration or certification is considered to be the postmarked date.
(3) If the date for filing a report or making a payment falls upon a Saturday, Sunday, or legal holiday, the filing or payment is considered to be timely if it is performed on the next business day.
Amended by Chapter 180, 2009 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 9 - Seal, how affixed.

68-3-9.
Seal, how affixed.
When the seal of a court or public officer is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone, as well as upon wax or a wafer affixed thereto. In all other cases the word "seal" may include a scroll printed or written.
No Change Since 1953
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 11 - Rules of construction as to words and phrases.

68-3-11.
Rules of construction as to words and phrases.
Words and phrases are to be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined by statute, are to be construed according to such peculiar and appropriate meaning or definition.
No Change Since 1953
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 12 - Rules of construction.

68-3-12.
Rules of construction.
(1)
(a) In the construction of a statute in the Utah Code, the general rules listed in this Subsection (1) shall be observed, unless the construction would be:
(i) inconsistent with the manifest intent of the Legislature; or
(ii) repugnant to the context of the statute.
(b) The singular includes the plural, and the plural includes the singular.
(c) A word used in one gender includes the other gender.
(d) A word used in the present tense includes the future tense.
(e) In accordance with Title 46, Chapter 4, Part 5, Electronic Records in Government Agencies, a word related to the medium used in the provision of a government service may include an electronic or other medium.
(f) "Include," "includes," or "including" means that the items listed are not an exclusive list, unless the word "only" or similar language is used to expressly indicate that the list is an exclusive list.
(g) "May" means that an action is authorized or permissive.
(h) "May not" means that an action is not authorized and is prohibited.
(i) "Must" means, depending on the context in which it is used, that:
(i) an action is required or mandatory;
(ii) an action or result is compelled by necessity;
(iii) an item is indispensable; or
(iv) an action or event is a condition precedent to:
(A) the authority to act;
(B) a prohibition;
(C) the accrual or loss of a right; or
(D) the imposition or removal of an obligation.
(j) "Shall" means that an action is required or mandatory.
(2)
(a) Except as provided in Subsection (2)(b) or (c), the use of the following terms in the Utah Code is strongly discouraged:
(i) "shall not";
(ii) "should not";
(iii) "must not"; or
(iv) "but not limited to" after "include," "includes," or "including."
(b) A term described in Subsection (2)(a) may be used when unusual circumstances exist that require the use of the term, including the use of the term:
(i) in an interstate compact; or
(ii) to ensure consistency with a federal law or rule.
(c)
(i) Except as provided in Subsection (2)(c)(ii), the use of the word "should" is strongly discouraged.
(ii) The word "should" may be used to:
(A) refer to a recommended action, including a provision that a person shall or may recommend whether an action "should" be taken;
(B) indicate an expected standard of knowledge, including a provision that a person "should" know:
(I) whether a fact exists; or
(II) that an action is likely to cause a specified result; or
(C) refer to a determination as to whether an action "should" have occurred.
(d) The use of the word "must" is strongly discouraged when the term "shall" can be used in its place.
Amended by Chapter 254, 2010 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 3 - Construction › Section 13 - Printing boldface in numbered bills -- Purpose -- Effect -- Power of Office of Legislative Research and General Counsel to change.

Effective 3/3/2023
68-3-13.
Printing boldface in numbered bills -- Purpose -- Effect -- Power of Office of Legislative Research and General Counsel to change.
A short summary of each section, part, chapter, or title, called boldface, may be printed in numbered bills introduced in the Legislature. This boldface is not law; it is intended only to highlight the content of each section, part, chapter, or title for legislators. Inaccurate boldface is not a basis for invalidating legislation. The Office of Legislative Research and General Counsel is authorized in Section 36-12-12 to change the boldface so that it more accurately reflects the substance of each section, part, chapter, or title.
Amended by Chapter 21, 2023 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 4 - Utah Commission on Uniform State Laws › Section 5 - Creation -- Members -- Terms.

Effective 5/3/2023
68-4-5.
Creation -- Members -- Terms.
(1) There is established the "Utah Commission on Uniform State Laws," which consists of members of the Utah State Bar who are appointed as commissioners to the Uniform Law Commission as follows:
(a) one commissioner, appointed by the governor with the advice and consent of the Senate, who shall be a member of the Senate at the time of appointment;
(b) one commissioner, appointed by the governor with the advice and consent of the Senate, who shall be a member of the House of Representatives at the time of appointment;
(c) two commissioners, appointed by the governor with the advice and consent of the Senate, who shall be active members of the Utah State Bar;
(d) one commissioner who is the Legislature's general counsel or, alternatively, an attorney from the Office of Legislative Research and General Counsel who is appointed by the general counsel;
(e) any commissioner that has previously served as a member of the commission and has been elected as a life member of the Uniform Law Commission according to the conference's constitution, bylaws, and rules of procedure; and
(f) up to one associate commissioner, appointed by the Legislature's general counsel, who is an attorney from the Office of Legislative Research and General Counsel.
(2) Commissioners appointed by the governor shall be appointed for four-year terms commencing on the date of their confirmation by the Senate.
(3) A commissioner continues to serve:
(a) unless the commissioner dies or resigns;
(b) unless the commissioner ceases to be a member of the Utah State Bar in good standing; or
(c)
(i) for a commissioner appointed by the governor and notwithstanding expiration of the commissioner's term under Subsection (2), until the governor:
(A) reappoints the commissioner to a new term; or
(B) appoints a successor commissioner;
(ii) for the general counsel, until the general counsel ceases to serve as general counsel or appoints an attorney to serve in the general counsel's place;
(iii) for a commissioner appointed to serve in the place of the general counsel, until the general counsel chooses to serve as a commissioner or appoints a successor commissioner; or
(iv) for an associate commissioner, until the general counsel appoints a successor commissioner or elects not to fill the position of associate commissioner.
Amended by Chapter 525, 2023 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 4 - Utah Commission on Uniform State Laws › Section 6 - Vacancies.

Effective 5/3/2023
68-4-6.
Vacancies.
(1) For a commissioner who serves in a governor-appointed position described in Subsection 68-4-5(1)(a), (b), or (c):
(a) the office of a commissioner becomes vacant and the governor, with the advice and consent of the Senate, shall immediately appoint a new commissioner upon the commissioner's:
(i) death;
(ii) resignation; or
(iii) failure to be a member of the Utah State Bar in good standing; and
(b) the governor may, with the advice and consent of the Senate, appoint a new commissioner or, as applicable, reappoint the current commissioner, provided that the current commissioner meets the requirements for appointment, after any of the following events:
(i) the commissioner's failure to actively serve as commissioner;
(ii) the commissioner's refusal to serve as commissioner;
(iii) expiration of the commissioner's term;
(iv) the commissioner's appointment to another position on the commission; or
(v) the commissioner's election as a life member of the Uniform Law Commission.
(2)
(a) A commissioner who is the Legislature's general counsel shall serve only while acting as the Legislature's general counsel.
(b) A commissioner who is serving as an appointee of the Legislature's general counsel shall serve until the general counsel chooses to serve as a commissioner or appoints a successor commissioner.
Amended by Chapter 525, 2023 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 4 - Utah Commission on Uniform State Laws › Section 7 - Meetings -- Officers.

68-4-7.
Meetings -- Officers.
(1) The commissioners shall meet at least once each year and shall organize by the election of one of their number as chair and another as secretary, who shall hold their respective offices for a term of two years and until their successors are elected.
(2) The chair and secretary may be reelected for additional terms.
Amended by Chapter 356, 2011 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 4 - Utah Commission on Uniform State Laws › Section 8 - Duties of commissioners.

Effective 5/3/2023
68-4-8.
Duties of a commissioner.
(1) A commissioner shall:
(a) participate in the Uniform Law Commission on behalf of the state, including attending the annual meeting of the Uniform Law Commission;
(b) examine the subjects upon which uniformity of legislation in the various states of the union is desirable but that are outside the jurisdiction of the Congress of the United States;
(c) confer upon these matters with the commissioners appointed by other states for the same purpose;
(d) at the direction of the Uniform Law Commission, serve on national committees that develop and draft uniform and model laws; and
(e) devise and recommend other means to accomplish the purposes of this chapter.
(2) A commissioner may request that a legislator consider sponsoring, as an interim study item or as a bill or resolution for introduction, any uniform legislation that a commissioner determines would be in the best interests of the state to adopt.
Amended by Chapter 525, 2023 General Session
2023 Utah Code › Title 68 - Statutes › Chapter 4 - Utah Commission on Uniform State Laws › Section 9 - Expenditures -- Oversight by Office of Legislative Research and General Counsel.

Effective 5/3/2023
68-4-9.
Expenditures -- Reimbursement.
(1) Except as otherwise provided by legislative policies and procedures under Subsection (3), a commissioner may not receive compensation or benefits for the commissioner's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(2) The Legislature shall make appropriations to Legislative Services and to the Office of Legislative Research and General Counsel to pay the necessary per diem and expenses of the commissioners and to make an appropriate contribution on behalf of this state to the Uniform Law Commission, including any per diem and expenses of a commissioner who has been elected as a life member of the Uniform Law Commission.
(3) Notwithstanding Subsection (1):
(a) a commissioner who is employed by the Office of Legislative Research and General Counsel shall receive reimbursement for their expenditures incurred in the discharge of their official duties according to the policies and procedures of the Office of Legislative Research and General Counsel; and
(b) a commissioner who is not employed by the Office of Legislative Research and General Counsel shall receive reimbursement for the commissioner's expenditures incurred in the discharge of their official duties according to the policies and procedures of Legislative Services.
Amended by Chapter 525, 2023 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 1 - General Provisions › Section 1 - Notice by, authorized.

69-1-1.
Notice by, authorized.
Whenever any notice, information or intelligence is required to be given the same may be given by telegraph or telephone. Any such notice, information or intelligence shall be delivered to the telegraph or telephone operator in writing and shall be delivered to the person for whom it is intended in writing by the operator at the receiving office, who shall, on request, certify thereon that the writing so delivered is a true copy of the original. Notice by telegraph or telephone shall be deemed actual notice.
No Change Since 1953
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 1 - General Provisions › Section 2 - Transmitting written instruments by telegraph or telephone authorized -- Entitled to record -- Force and effect of copies -- Documents submitted to recorder -- Requirements.

69-1-2.
Transmitting written instruments by telegraph or telephone authorized -- Entitled to record -- Force and effect of copies -- Documents submitted to recorder -- Requirements.
Any power of attorney or other instrument in writing duly proved or acknowledged and certified so as to be entitled to record may, together with the certificate of its proof or acknowledgment, be sent by telegraph or telephone, and the telegraphic or telephonic copy shall prima facie have the same force and effect in all respects, and may be admitted to record and recorded in the same manner and with the same effect, as the original. Documents submitted to the county recorder for recording shall be original or certified copies from other offices of public record, as required by Title 57, Real Estate.
Amended by Chapter 93, 1990 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 1 - General Provisions › Section 3 - Transmitting agreements for payment of money -- Burden of proof.

69-1-3.
Transmitting agreements for payment of money -- Burden of proof.
Checks, due bills, promissory notes, bills of exchange and all orders or agreements for the payment or delivery of money or other thing of value may be made or drawn by telegraph, and when so made or drawn shall have the same force and effect to charge the maker, drawer, endorser or acceptor thereof, and shall create the same rights and equities in favor of the payee, drawee, endorsee, acceptor, holder or bearer thereof, as if duly made or drawn and delivered in writing. Except as provided in Section 69-1-4, whenever the genuineness or execution of any such instrument received by telegraph shall be denied on oath by or on behalf of the person sought to be charged thereby it shall be incumbent upon the party claiming under or alleging the existence of the same to prove the existence and execution of the original writing from which the telegraphic copy was transmitted. The original message shall in all cases be preserved in the telegraph office from which the same is sent.
Amended by Chapter 20, 1995 General Session