reglab/statecodes huggingface dataset:
2023 Utah Code › Title 25 - Fraud › Chapter 5 - Statute of Frauds › Section 1 - Estate or interest in real property.

25-5-1.
Estate or interest in real property.
No estate or interest in real property, other than leases for a term not exceeding one year, nor any trust or power over or concerning real property or in any manner relating thereto, shall be created, granted, assigned, surrendered or declared otherwise than by act or operation of law, or by deed or conveyance in writing subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.
No Change Since 1953
2023 Utah Code › Title 25 - Fraud › Chapter 5 - Statute of Frauds › Section 2 - Wills and implied trusts excepted.

25-5-2.
Wills and implied trusts excepted.
Section 25-5-1 may not be construed to affect the power of a testator in the disposition of the testator's real estate by last will and testament; nor to prevent any trust from arising or being extinguished by implication or operation of law.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 5 - Statute of Frauds › Section 3 - Leases and contracts for interest in lands.

25-5-3.
Leases and contracts for interest in lands.
Every contract for the leasing for a longer period than one year, or for the sale, of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum thereof, is in writing subscribed by the party by whom the lease or sale is to be made, or by his lawful agent thereunto authorized in writing.
No Change Since 1953
2023 Utah Code › Title 25 - Fraud › Chapter 5 - Statute of Frauds › Section 5 - Representation as to credit of third person.

25-5-5.
Representation as to credit of third person.
To charge a person upon a representation as to the credit of a third person, such representation, or some memorandum thereof, must be in writing subscribed by the party to be charged therewith.
No Change Since 1953
2023 Utah Code › Title 25 - Fraud › Chapter 5 - Statute of Frauds › Section 6 - Promise to answer for obligation of another -- When not required to be in writing.

25-5-6.
Promise to answer for obligation of another -- When not required to be in writing.
A promise to answer for the obligation of another in any of the following cases is deemed an original obligation of the promisor and need not be in writing:
(1) Where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise, or by one who has received a discharge from an obligation in whole or in part in consideration of such promise.
(2) Where the creditor parts with value or enters into an obligation in consideration of the obligation in respect to which the promise is made in terms or under circumstances such as to render the party making the promise the principal debtor and the person in whose behalf it is made his surety.
(3) Where the promise, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancel the antecedent obligation, accepting the new promise as a substitute therefor; or upon the consideration that the party receiving it releases the property of another from a levy or his person from imprisonment under an execution on a judgment obtained upon the antecedent obligation; or upon a consideration beneficial to the promisor, whether moving from either party to the antecedent obligation or from another person.
(4) Where a factor undertakes for a commission to sell merchandise and to guarantee the sale.
(5) When the holder of an instrument for the payment of money upon which a third person is or may become liable to him transfers it in payment of a precedent debt of his own, or for a new consideration, and in connection with such transfer enters into a promise respecting such instrument.
No Change Since 1953
2023 Utah Code › Title 25 - Fraud › Chapter 5 - Statute of Frauds › Section 7 - Contracts by telegraph deemed written.

25-5-7.
Contracts by telegraph deemed written.
Contracts made by telegraph shall be deemed to be contracts in writing, and all communications sent by telegraph and signed by the person sending the same, or by his authority, shall be deemed to be communications in writing.
No Change Since 1953
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/9/2017
25-6-101.
Title.
(1) This chapter is known as the "Uniform Voidable Transactions Act."
(2) This part is known as "General Provisions."
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 1 - General Provisions › Section 103 - Insolvency.

Effective 5/9/2017
25-6-103.
Insolvency.
(1) A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than all of the debtor's assets.
(2)
(a) A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent.
(b) The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(3) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(4) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 1 - General Provisions › Section 104 - Value -- Transfer.

Effective 5/9/2017
25-6-104.
Value -- Transfer.
(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied. However, value does not include an unperformed promise made other than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(2) Under Subsection 25-6-202(1)(b) and Section 25-6-203, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is substantially contemporaneous.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 2 - Voidable Transfer or Obligation › Section 202 - Voidable transfer or obligation -- Present or future creditor -- Determination of intent -- Burden of proof.

Effective 5/9/2017
25-6-202.
Voidable transfer or obligation -- Present or future creditor -- Determination of intent -- Burden of proof.
(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
(b) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(2) To determine "actual intent" under Subsection (1)(a), consideration may be given, among other factors, to whether:
(a) the transfer or obligation was to an insider;
(b) the debtor retained possession or control of the property transferred after the transfer;
(c) the transfer or obligation was disclosed or concealed;
(d) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(e) the transfer was of substantially all the debtor's assets;
(f) the debtor absconded;
(g) the debtor removed or concealed assets;
(h) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
(3) A creditor making a claim for relief under Subsection (1) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 2 - Voidable Transfer or Obligation › Section 203 - Transfer or obligation voidable -- Present creditor -- Burden of proof.

Effective 5/9/2017
25-6-203.
Transfer or obligation voidable -- Present creditor -- Burden of proof.
(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if:
(a) the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; and
(b) the debtor was insolvent at the time or became insolvent as a result of the transfer or obligation.
(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at the time, and the insider had reasonable cause to believe that the debtor was insolvent.
(3) Subject to Subsection 25-6-103(2), a creditor making a claim for relief under Subsection (1) or (2) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 3 - Transfers and Remedies › Section 302 - Transfer -- When made.

Effective 5/9/2017
25-6-302.
Transfer -- When made.
In this chapter:
(1) a transfer is made:
(a) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(b) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien other than under this chapter that is superior to the interest of the transferee;
(2) if applicable law permits the transfer to be perfected as provided in Subsection (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;
(3) if applicable law does not permit the transfer to be perfected as provided in Subsection (1), the transfer is made when it becomes effective between the debtor and the transferee;
(4) a transfer is not made until the debtor has acquired rights in the asset transferred; and
(5) an obligation is incurred:
(a) if oral, when it becomes effective between the parties; or
(b) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 3 - Transfers and Remedies › Section 303 - Remedies of creditors.

Effective 5/9/2017
25-6-303.
Remedies of creditors.
(1) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 25-6-304, may obtain:
(a) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(b) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law;
(c) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii) any other relief the circumstances may require.
(2) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court orders, may levy execution on the asset transferred or its proceeds.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 3 - Transfers and Remedies › Section 305 - Claim for relief -- Time limits.

Effective 5/9/2017
25-6-305.
Claim for relief -- Time limits.
A claim for relief regarding a transfer or obligation under this chapter is extinguished unless action is brought:
(1) under Subsection 25-6-202(1)(a), no later than four years after the transfer was made or the obligation was incurred or, if later, no later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) under Subsection 25-6-202(1)(b) or 25-6-203(1), no later than four years after the transfer was made or the obligation was incurred; or
(3) under Subsection 25-6-203(2), no later than one year after the transfer was made.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 4 - Applicability and Construction › Section 402 - Governing law.

Effective 5/9/2017
25-6-402.
Governing law.
(1) In this section, the following rules determine the debtor's location:
(a) a debtor who is an individual is located at the individual's principal residence;
(b) a debtor that is an organization and has only one place of business is located at its place of business; and
(c) a debtor that is an organization and has more than one place of business is located at its chief executive office.
(2) A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
Enacted by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 4 - Applicability and Construction › Section 403 - Application to series organization.

Effective 5/9/2017
25-6-403.
Application to series organization.
(1) As used in this section:
(a) "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics described in Subsection (1)(b).
(b) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(i) the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series;
(ii) debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; and
(iii) debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(2) A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
Enacted by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 4 - Applicability and Construction › Section 404 - Legal principles applicable to chapter.

Effective 5/9/2017
25-6-404.
Legal principles applicable to chapter.
Unless displaced by this chapter, the principles of law and equity, including merchant law and the law relating to principal and agent, equitable subordination, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement this chapter's provisions.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 4 - Applicability and Construction › Section 405 - Construction of chapter.

Effective 5/9/2017
25-6-405.
Construction of chapter.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 4 - Applicability and Construction › Section 406 - Applicability of chapter.

Effective 5/9/2017
25-6-406.
Applicability of chapter.
(1) This chapter applies when any transfer occurs after the effective date of this act.
(2) The amendments to this chapter that take effect on May 9, 2017:
(a) apply to a transfer made or obligation incurred on or after May 9, 2017;
(b) do not apply to a transfer made or obligation incurred before May 9, 2017; and
(c) do not apply to a right of action that has accrued before May 9, 2017.
(3) For purposes of Subsection (2), a transfer is made and an obligation is incurred at the time provided in Section 25-6-302.
Renumbered and Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 25 - Fraud › Chapter 6 - Uniform Voidable Transactions Act › Part 4 - Applicability and Construction › Section 407 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/9/2017
25-6-407.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 204, 2017 General Session
2023 Utah Code › Title 26 - Utah Health Code › Chapter 8a - Utah Emergency Medical Services System Act › Part 1 - General Provisions › Section 102 - Reserved for coordination.

Effective 5/3/2023
Renumbered 7/1/2024
26-8a-102.
Reserved for coordination.
Reserved
Amended by Chapter 16, 2023 General Session
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 26 - Utah Health Code › Chapter 8a - Utah Emergency Medical Services System Act › Part 2 - Programs, Plans, and Duties › Section 206 - Reserved for coordination.

Effective 5/3/2023
Renumbered 7/1/2024
26-8a-206.
Reserved for coordination.
Reserved
Amended by Chapter 19, 2023 General Session
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 26 - Utah Health Code › Chapter 29 - Elimination of Architectural Barriers for Persons with a Disability › Section 2 - Purpose of chapter.

26-29-2.
Purpose of chapter.
(1) This chapter is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of incoordination, and aging.
(2) It is intended to make all buildings and facilities covered by this chapter accessible to, and functional for, persons with a physical disability.
Amended by Chapter 73, 2001 General Session
2023 Utah Code › Title 26 - Utah Health Code › Chapter 29 - Elimination of Architectural Barriers for Persons with a Disability › Section 3 - Basis for standards.

Effective 5/4/2022
26-29-3.
Basis for standards.
The standards of this chapter are the current edition of planning and design criteria to prevent architectural barriers for the aged and persons with a physical disability, as promulgated by the Division of Facilities Construction and Management.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 26 - Utah Health Code › Chapter 29 - Elimination of Architectural Barriers for Persons with a Disability › Section 4 - Enforcement of chapter.

Effective 5/3/2023
26-29-4.
Enforcement of chapter.
The responsibility for adoption of the planning and design criteria referred to in Section 26-29-3, and enforcement of this chapter shall be as follows:
(1) where state school funds are utilized, the State Board of Education;
(2) where state funds are utilized, the Division of Facilities Construction and Management; and
(3) where funds of political subdivisions are utilized, the governing board of the county or municipality in which the building or facility is located.
Amended by Chapter 369, 2023 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 103 - County health departments.

26A-1-103.
County health departments.
The governing body of each county shall create and maintain a local health department which includes and serves all incorporated and unincorporated areas in the county.
Amended by Chapter 249, 2002 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 105 - Multicounty local health departments.

Effective 5/10/2016
26A-1-105.
Multicounty local health departments.
(1) Two or more contiguous counties may, by executing an agreement pursuant to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act, unite to create and maintain a local health department that does not combine the substance abuse authority and the mental health authority with the local health department.
(2) Any municipalities within counties comprising a multicounty local health department under Subsection (1) shall be served by the multicounty local health department.
Amended by Chapter 113, 2016 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 105.5 - United local health department -- Multicounty united local health department -- Election by county governing body -- Appointment of director.

Effective 5/10/2016
26A-1-105.5.
United local health department -- Multicounty united local health department -- Election by county governing body -- Appointment of director.
(1) A county governing body may elect to:
(a) form a united local health department for the purpose of combining into a single entity the duties of:
(i) the local health department;
(ii) the mental health authority; and
(iii) the substance abuse authority; and
(b) provide for the coordination of services for the populations served by the entities described in Subsection (1)(a).
(2)
(a) Two or more contiguous counties may, by executing an agreement pursuant to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act, unite to create and maintain a multicounty united local health department.
(b) Any municipalities within counties comprising a multicounty united local health department under Subsection (2)(a) shall be served by the multicounty united local health department.
(3) A united local health department created under this section shall administer the programs and services of each entity listed in Subsections (1)(a) in accordance with:
(a) this chapter;
(b)Title 17, Chapter 43, Part 2, Local Substance Abuse Authorities; and
(c)Title 17, Chapter 43, Part 3, Local Mental Health Authorities.
(4)
(a) Notwithstanding Section 26A-1-110:
(i) the county governing body shall, in consultation with the board, appoint an executive director for a united local health department and determine the executive director's compensation; and
(ii) the county governing bodies of a multicounty united local health department shall, in consultation with the board, appoint an executive director for the multicounty local health department and determine the executive director's compensation.
(b) An executive director appointed under Subsection (4)(a):
(i) shall serve as the local health officer; and
(ii) may be removed for cause under Section 26A-1-111.
(5) The treasurer of a united local health department may establish and maintain funds in addition to the local health department fund established under Section 26A-1-119, if the additional fund is necessary to:
(a) provide substance abuse authority services or mental health authority services; and
(b) comply with federal regulation or federal statute.
Enacted by Chapter 113, 2016 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 106 - Assistance in establishing local departments -- Monitoring and standards of performance -- Responsibilities.

26A-1-106.
Assistance in establishing local departments -- Monitoring and standards of performance -- Responsibilities.
(1)
(a) By request of county governing bodies, the department may assist in the establishment of a local health department.
(b) The department shall monitor the effort of the local health department to protect and promote the health of the public.
(c) The department shall establish by rule minimum performance standards for basic programs of public health administration, personal health, laboratory services, health resources, and other preventive health programs not in conflict with state law as it finds necessary or desirable for the protection of the public health.
(d) The department may by contract provide:
(i) funds to assist a local health department if local resources are inadequate; and
(ii) assistance to achieve the purposes of this part.
(2) Regulations or standards relating to public health or environmental health services adopted or established by a local health department may not be less restrictive than department rules.
(3) Local health departments are responsible within their boundaries for providing, directly or indirectly, basic public health services that include:
(a) public health administration and support services;
(b) maternal and child health;
(c) communicable disease control, surveillance, and epidemiology;
(d) food protection;
(e) solid waste management;
(f) waste water management; and
(g) safe drinking water management.
(4) The Department of Environmental Quality shall establish by rule minimum performance standards, including standards for inspection and enforcement, for basic programs of environmental health, not inconsistent with law, as necessary or desirable for the protection of public health.
Amended by Chapter 249, 2002 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 108 - Jurisdiction and duties of local health departments -- Registration as a limited purpose entity.

Effective 5/4/2022
26A-1-108.
Jurisdiction and duties of local health departments -- Registration as a limited purpose entity.
(1)
(a) Except as provided in Subsection (1)(b), a local health department has jurisdiction in all unincorporated and incorporated areas of the county or counties in which it is established and shall enforce state health laws, Department of Health, Department of Environmental Quality, and local health department rules, regulations, and standards within those areas.
(b) Notwithstanding Subsection (1)(a), a local health department's jurisdiction or authority to issue an order of constraint pursuant to a declared public health emergency does not apply to any facility, property, or area owned or leased by the state, including the capitol hill complex, as that term is defined in Section 63C-9-102.
(2)
(a) Each local health department shall register and maintain the local health department's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(b) A local health department that fails to comply with Subsection (2)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Amended by Chapter 39, 2022 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 110 - Local health officer -- Powers and duties -- Vacancy.

Effective 5/10/2016
26A-1-110.
Local health officer -- Powers and duties -- Vacancy.
(1) Except as provided in Section 26A-1-105.5, the board shall appoint a local health officer and determine the officer's compensation:
(a) subject to ratification by the county executive of the county or counties in the local health department; and
(b) as provided by:
(i) ordinance adopted by a county creating a county health department; or
(ii) the interlocal agreement pursuant to which a multicounty health department is created.
(2) The local health officer shall:
(a) have the qualifications of training and experience for that office equivalent to those approved by the department for local health officers;
(b) be the administrative and executive officer of the local health department and devote full time to the duties of the office;
(c) if provisions have been made with the department, act as the local registrar of vital statistics within the local health department's boundaries without additional compensation or payment of fees provided by law;
(d)
(i) prior to the beginning of each fiscal year, prepare an annual budget approved by the board and present it:
(A) to the county legislative body if the local health department is a county health department; or
(B) to the entity designated in the interlocal agreement creating the local health department if the local health department is a multicounty health department; and
(ii) obtain final approval of the annual budget from the governing bodies designated in Subsection (2)(d)(i)(A) or (B) after the governing body either:
(A) reviews and approves the budget; or
(B) amends and approves the budget; and
(e) prepare an annual report and provide it to the department and all counties in the local health department.
(3) The report under Subsection (2)(e) shall contain a copy of the independent financial audit required under Section 26A-1-115, a description of the population served by the local health department, and other information as requested by the board or the county or counties creating the local health department.
(4) In the absence or disability of the local health officer, or if there is a vacancy in that office, the board shall appoint an acting health officer for a temporary period not to exceed one year. The appointment shall be ratified by the county executive of the county or counties in the local health department.
Amended by Chapter 113, 2016 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 111 - Removal of local health officer.

Effective 5/10/2016
26A-1-111.
Removal of local health officer.
(1) The local health officer may be removed for cause in accordance with this section by:
(a) the board, if the local health officer is appointed for a single county local health department;
(b) a majority of the counties in the local health department if:
(i) the local health department is:
(A) a multicounty local health department created under Section 26A-1-105; or
(B) a multicounty united local health department created under Section 26A-1-105.5; and
(ii) the county executives rescind or withdraw, in writing, the ratification of the local health officer; or
(c) the county governing body, if the local health department is a united local health department for a single county, and the county governing body rescinds or withdraws, in writing, the ratification of the local health officer.
(2)
(a) A hearing shall be granted, if requested by the local health officer, prior to removal of the local health officer.
(b) If a hearing is requested, it shall be conducted by a five-member panel with:
(i) two elected members from the county or counties in the local health department, selected by the county executives;
(ii) two members of the board of the local health department who are not elected officials of the counties in the local health department, selected by the board; and
(iii) one member selected by the members appointed under Subsections (2)(b)(i) and (ii), however, the member appointed under this Subsection (2)(b)(iii) may not be an elected official of the counties in the local health department and may not be a member of the board of the local health department.
(c)
(i) The hearing panel shall report its decision regarding termination to the board and to the counties in the local health department.
(ii) The counties and board receiving the report shall vote on whether to retain or terminate the local health officer.
(iii) The health officer is terminated if:
(A) the board votes to terminate; or
(B) a majority of the counties in the local health department vote to terminate.
Amended by Chapter 113, 2016 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 112 - Appointment of personnel.

26A-1-112.
Appointment of personnel.
(1) All local health department personnel shall be hired by the local health officer or the local health officer's designee in accordance with the merit system, personnel policies, and compensation plans approved by the board and ratified pursuant to Subsection (2). The personnel shall have qualifications for their positions equivalent to those approved for comparable positions in the Departments of Health and Environmental Quality.
(2) The merit system, personnel policies, and compensation plans approved under Subsection (1) shall be ratified by all the counties participating in the local health department.
(3) Subject to the local merit system, employees of the local health department may be removed by the local health officer for cause. A hearing shall be granted if requested by the employee.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 113 - Right of entry to regulated premises by representatives for inspection.

Effective 5/4/2022
26A-1-113.
Right of entry to regulated premises by representatives for inspection.
(1) Upon presenting proper identification, authorized representatives of local health departments may enter upon the premises of properties regulated by local health departments to perform routine inspections to insure compliance with rules, standards, regulations, and ordinances as adopted by the Departments of Health and Environmental Quality, local boards of health, county or municipal governing bodies, or administered by the Division of Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction Code Administration Act.
(2) Section 58-56-9 does not apply to health inspectors acting under this section.
(3) This section does not authorize local health departments to inspect private dwellings.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 116 - Allocation of state funds to local health departments -- Formula.

Effective 5/3/2023
26A-1-116.
Allocation of state funds to local health departments -- Formula.
(1)
(a) On or before July 1, 2024, each of the following shall establish in rule a formula for allocating state funds by contract to local health departments:
(i) the department; and
(ii) the Department of Environmental Quality.
(b) This formula shall provide for allocation of funds based on need.
(c) Determination of need shall be based on population unless the department making the rule establishes by valid and accepted data that other defined factors are relevant and reliable indicators of need.
(d) The formula shall include a differential to compensate for additional costs of providing services in rural areas.
(2)
(a) Except as provided in Subsection (2)(b), the formulas apply to all state funds appropriated by the Legislature to any of the following for local health department use:
(i) the department; or
(ii) the Department of Environmental Quality.
(b) The formulas do not apply to funds a local health department receives from:
(i) sources other than the department or the Department of Environmental Quality; or
(ii) the department or the Department of Environmental Quality:
(A) to operate a specific program within the local health department's boundaries which program is available to all residents of the state;
(B) to meet a need that exists only within the local health department's boundaries; and
(C) to engage in research projects.
Amended by Chapter 272, 2023 General Session
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 117 - Funding of departments -- Tax levies.

26A-1-117.
Funding of departments -- Tax levies.
(1) Counties involved in the establishment and operation of local health departments shall fund the local health departments with appropriations from the General Fund, from the levy of a tax, or in part by an appropriation and in part by a levy under Section 17-53-221.
(2) A local health department may be funded as provided by law from:
(a) local, state, and federal funds within local levy ceilings;
(b) a separate ceiling exempt tax under Section 59-2-911, which may not exceed .0004 per dollar of taxable value of taxable property; or
(c) in part by each.
(3) Local funds from either tax source shall be appropriated by the local governing authorities of the counties participating in the local health department.
Amended by Chapter 249, 2002 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 118 - Treasurer of local department -- Bond.

Effective 5/10/2016
26A-1-118.
Treasurer of local department -- Bond.
(1) The county treasurer shall serve as treasurer of a local health department.
(2) Unless another county treasurer is designated pursuant to the interlocal agreement creating the multicounty local health department or the multicounty united local health department, the county treasurer of the county in which the headquarters of the multicounty local health department or the multicounty united local health department is located shall serve as treasurer of the multicounty local health department.
(3) The official bond of a county treasurer shall cover the duties as treasurer of a local health department.
Amended by Chapter 113, 2016 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 119 - Local health department fund -- Sources -- Uses.

Effective 5/10/2016
26A-1-119.
Local health department fund -- Sources -- Uses.
(1) Except as provided in Section 26A-1-105.5, the treasurer of a local health department shall, as part of the department organization, create a local health department fund to which shall be credited any money appropriated or otherwise made available by participating counties or other local political subdivisions, and any money received from the state, federal government, or from surpluses, grants, fees, or donations for local health purposes.
(2)
(a) Money credited to the fund shall be placed in a restricted account and expended only for maintenance and operation of the local health department.
(b) Claims or demands against the fund shall be allowed on certification by the health officer or other employee of the local health department designated by the health officer.
Amended by Chapter 113, 2016 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 120 - County attorney or district attorney to represent and advise department, board, officers, and employees.

26A-1-120.
County attorney or district attorney to represent and advise department, board, officers, and employees.
(1) Except as otherwise provided in this section, the county attorney of the county in which the headquarters of the local health department is located shall serve as legal advisor to the local health department in all civil matters involving the local health department.
(2) The county attorney of the county where a civil claim arises shall bring any action requested by a local health department to abate a condition that exists in violation of, or to restrain or enjoin any action which is in violation of the public health laws and rules of the Departments of Health and Environmental Quality, the standards, regulations, orders, and notices, of a local health department, and other laws, ordinances, and rules pertaining to health and sanitary matters.
(3)
(a) The district attorney or county attorney having criminal jurisdiction shall prosecute criminal violations of the public health laws and rules of the Departments of Health and Environmental Quality, the standards, regulations, orders, and notices, of a local health department, and other laws and rules pertaining to health and sanitary matters.
(b) Violations of local ordinances relating to public health matters shall be prosecuted by the prosecuting attorney of the jurisdiction enacting the ordinance.
(4) The county attorney of a county where an action arises shall, if requested by the county attorney designated in Subsection (1):
(a) act as legal adviser to the local health department and the board with respect to the action; and
(b) defend all actions and proceedings brought in that county against the local health department, the board, or the officers and employees of the local health department.
Amended by Chapter 249, 2002 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 122 - Counties joining existing department -- Abolition of department -- Withdrawal of county from department.

26A-1-122.
Counties joining existing department -- Abolition of department -- Withdrawal of county from department.
(1) If additional or adjacent counties join an existing local health department, provisions shall be made for the appointment and terms of new board members in accordance with the applicable provisions of this part.
(2)
(a) A local health department established under this part may not be abolished until it has been in existence at least two years.
(b) A participating county may not withdraw from a local health department until the county has participated in maintenance of the local health department for at least two years. The effective date of any withdrawal shall be December 31. Ninety days prior written notice of the withdrawal shall be given to the board.
(3) If a local health department is abolished, the participating counties shall establish local health departments under Section 26A-1-103, 26A-1-105, or 26A-1-106 at least 30 days prior to abolishment.
Amended by Chapter 249, 2002 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 124 - Religious exemptions.

26A-1-124.
Religious exemptions.
This part does not authorize a local health department to impose on any person any mode of treatment inconsistent with the creed or tenets of any religious denomination of which the person is an adherent, provided the person complies with sanitary and quarantine laws, rules, and regulations.
Renumbered and Amended by Chapter 269, 1991 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 125 - Existing local health departments required to conform to statutory amendments.

26A-1-125.
Existing local health departments required to conform to statutory amendments.
Each county or municipality operating or participating in the operation of a local health department in existence as of January 1, 2002, shall, no later than June 30, 2003, amend its local ordinances, policies, or interlocal agreements relating to the organization and operation of the local health department to conform to the statutory amendments to Title 26A, Local Health Authorities, during the 2002 General Session.
Enacted by Chapter 249, 2002 General Session