reglab/statecodes huggingface dataset:
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 15 - Inspection of journal -- Safekeeping and custody of journal.

Effective 11/1/2019
46-1-15.
Inspection of journal -- Safekeeping and custody of journal.
(1) Except as provided in Subsection (2)(b), if a notary maintains a journal, the notary shall:
(a) keep the journal in the notary's exclusive custody; and
(b) ensure that the journal is not used by any other person for any purpose.
(2)
(a) A remote notary shall:
(i) ensure that the electronic journal and electronic recording described in Section 46-1-14 that is maintained by the remote notary is a secure and authentic record of the remote notarizations that the notary performs;
(ii) maintain a backup electronic journal and electronic recording; and
(iii) protect the backup electronic journal and electronic recording described in Subsection (2)(a)(ii) from unauthorized access or use.
(b)
(i) A remote notary may designate as a custodian of the remote notary's electronic journal and electronic recording described in Section 46-1-14:
(A) subject to Subsection (3), the remote notary's employer that employs the remote notary to perform notarizations; or
(B) except as provided in Subsection (2)(b)(iii), an electronic repository that grants the remote notary sole access to the electronic journal and electronic recording and does not allow the person who operates the electronic repository or any other person to access the journal, information in the journal, or the electronic recording for any purpose.
(ii) A remote notary that designates a custodian under Subsection (2)(b)(i) shall execute an agreement with the custodian that requires the custodian to comply with the safety and security requirements of this chapter with regard to the electronic journal, the information in the electronic journal, and the electronic recording.
(iii) An electronic repository described in Subsection (2)(b)(i)(B) may access an electronic journal, information contained in an electronic journal, and the electronic recording:
(A) for a purpose solely related to completing, in accordance with this chapter, the notarization for which the journal or information in the journal is accessed;
(B) for a purpose solely related to complying with the requirements to retain and store records under this chapter; or
(C) if required under a court order.
(3) The notary's employer may not require the notary to surrender the journal or the electronic recording upon termination of the notary's employment.
Amended by Chapter 192, 2019 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 17 - Obtaining official seal.

Effective 11/1/2019
46-1-17.
Obtaining official seal.
(1) A person may not provide an official seal to an individual claiming to be a notary, unless the individual presents a copy of the individual's notarial commission, attached to a notarized declaration substantially as follows:
Application for Notary's Official Seal
I, __________________ (name of individual requesting seal), declare that I am a notary public duly commissioned by the state of Utah with a commission starting date of __________, a commission expiration date of_______________, and a commission number of ___________. As evidence, I attach to this statement a copy of my commission.
(2)
(a) Except as provided in Subsection (2)(b), an individual may not create, obtain, or possess an electronic seal unless the individual is a remote notary.
(b) A person is not guilty of a violation of Subsection (2)(a) if the person is a business that creates, obtains, or possesses an electronic seal for the sole purpose of providing the electronic seal to a certified remote notary.
(3) A person who provides, creates, obtains, or possesses an official seal in violation of this section is guilty of a class B misdemeanor.
Amended by Chapter 192, 2019 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 18 - Liability.

Effective 11/1/2019
46-1-18.
Liability.
(1) A notary may be liable to any person for any damage to that person proximately caused by the notary's misconduct in performing a notarization.
(2)
(a) A surety for a notary's bond may be liable to any person for damages proximately caused to that person by the notary's misconduct in performing a notarization, but the surety's liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended to other claimants.
(b) Regardless of the number of claimants under Subsection (2)(a), a surety's total liability may not exceed the penalty of the bond.
(c) An employer of a notary public is also liable for damages proximately caused by the notary's misconduct in performing a notarization if:
(i) the notary public was acting within the course and scope of the notary public's employment; and
(ii) the employer had knowledge of, consented to, or permitted the misconduct.
(3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
(a) a notary to violate a provision of this chapter; or
(b) a notary's employer to solicit the notary to violate a provision of this chapter.
Amended by Chapter 192, 2019 General Session
Amended by Chapter 313, 2019 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 19 - Revocation or suspension.

46-1-19.
Revocation or suspension.
The lieutenant governor may revoke or suspend a notarial commission on any ground for which an application for a notarial commission may be denied under Section 46-1-3.
Amended by Chapter 136, 2003 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 20 - Change of name or address -- Bond policy rider.

Effective 5/9/2017
46-1-20.
Change of name or address -- Bond policy rider.
(1) Within 30 days after the day on which a notary changes the notary's name, the notary shall provide to the lieutenant governor:
(a) the notary's new name, including official documentation of the name change; and
(b) a bond policy rider that a notary obtains in accordance with Subsection (2).
(2) To obtain a bond policy rider, the notary shall:
(a) notify the surety for the notary's bond;
(b) obtain a bond policy rider reflecting both the old and new name of the notary;
(c) return the bond policy rider;
(d) destroy the original commission; and
(e) destroy the old official seal.
(3) A notary is not required to change the notary's name by adopting the surname of the notary's spouse.
(4) Within 30 days of the day on which a notary's residential or business address changes, the notary shall provide the notary's new residential or business address to the lieutenant governor.
Amended by Chapter 259, 2017 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 21 - Resignation.

Effective 5/5/2021
46-1-21.
Resignation.
(1) A notary who resigns a notarial commission shall provide to the lieutenant governor a notice indicating the effective date of resignation.
(2) A notary who ceases to reside in this state, who ceases to be employed in the state, or who becomes unable to read and write as provided in Section 46-1-3 shall resign the commission.
(3) A notary who resigns shall destroy the official seal and certificate in accordance with Subsection 46-1-16(9).
Amended by Chapter 167, 2021 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 22 - Notice not invalidated.

46-1-22.
Notice not invalidated.
If a notarial act is performed contrary to or in violation of this chapter, that fact does not of itself invalidate notice to third parties of the contents of the document notarized.
Enacted by Chapter 287, 1998 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 1 - Notaries Public Reform Act › Section 23 - Dedication of fees.

46-1-23.
Dedication of fees.
The lieutenant governor shall deposit all money collected under this chapter into the General Fund as a dedicated credit to be used by the lieutenant governor to administer this chapter.
Amended by Chapter 391, 2010 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 1 - Title, Interpretation, and Definitions › Section 103 - Scope.

46-4-103.
Scope.
(1) Except as otherwise provided in Subsection (2), this chapter applies to electronic records and electronic signatures relating to a transaction.
(2) This chapter does not apply to:
(a) a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts;
(b)Title 70A, Uniform Commercial Code, other than:
(i) Section 70A-1a-306; and
(ii)Title 70A, Chapter 2, Uniform Commercial Code - Sales, and Title 70A, Chapter 2a, Uniform Commercial Code - Leases.
(3) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (2) to the extent it is governed by a law other than those specified in Subsection (2).
(4) A transaction subject to this chapter is also subject to other applicable substantive law.
(5) Nothing in this chapter requires any county recorder to accept for recording any instrument in electronic form.
Amended by Chapter 272, 2007 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 1 - Title, Interpretation, and Definitions › Section 104 - Prospective application.

46-4-104.
Prospective application.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after May 1, 2000.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 1 - Title, Interpretation, and Definitions › Section 105 - Use of electronic records and electronic signatures -- Variation by agreement.

46-4-105.
Use of electronic records and electronic signatures -- Variation by agreement.
(1) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(2)
(a) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means.
(b) Whether or not the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(3)
(a) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means.
(b) The right granted by Subsection (3)(a) may not be waived by agreement.
(4)
(a) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement.
(b) The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(5) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Amended by Chapter 9, 2001 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 1 - Title, Interpretation, and Definitions › Section 106 - Construction and application.

46-4-106.
Construction and application.
This chapter must be construed and applied:
(1) to facilitate electronic transactions consistent with other applicable law;
(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among the states enacting it.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 2 - Legal Status and Requirements of Electronic Records, Signatures, and Contracts › Section 201 - Legal recognition of electronic records, electronic signatures, and electronic contracts.

46-4-201.
Legal recognition of electronic records, electronic signatures, and electronic contracts.
(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(3) If a law requires a record to be in writing, an electronic record satisfies the law.
(4) If a law requires a signature, an electronic signature satisfies the law.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 2 - Legal Status and Requirements of Electronic Records, Signatures, and Contracts › Section 202 - Provision of information in writing -- Presentation of records.

46-4-202.
Provision of information in writing -- Presentation of records.
(1)
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt.
(b) An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(2) If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:
(a) the record must be posted or displayed in the manner specified in the other law;
(b) except as otherwise provided in Subsection (4)(b), the record must be sent, communicated, or transmitted by the method specified in the other law; and
(c) the record must contain the information formatted in the manner specified in the other law.
(3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(4) The requirements of this section may not be varied by agreement, but:
(a) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under Subsection (1) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(b) a requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 2 - Legal Status and Requirements of Electronic Records, Signatures, and Contracts › Section 203 - Attribution and effect of electronic record and electronic signature.

46-4-203.
Attribution and effect of electronic record and electronic signature.
(1)
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person.
(b) The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(2) The effect of an electronic record or electronic signature attributed to a person under Subsection (1) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 2 - Legal Status and Requirements of Electronic Records, Signatures, and Contracts › Section 204 - Effect of change or error.

46-4-204.
Effect of change or error.
(1) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(a) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(b) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(i) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(ii) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(iii) has not used or received any benefit or value from the consideration, if any, received from the other person.
(2) If neither Subsection (1)(a) or (b) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(3) Subsections (1)(b) and (2) may not be varied by agreement.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 2 - Legal Status and Requirements of Electronic Records, Signatures, and Contracts › Section 205 - Notarization and acknowledgment.

Effective 5/9/2017
46-4-205.
Notarization and acknowledgment.
(1) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied by following the procedures and requirements of Subsection 46-1-16(8).
(2) The electronic signature of the person authorized to perform the acts under Subsection (1), and all other information required to be included by other applicable law, shall be attached to or logically associated with the signature or record.
Amended by Chapter 259, 2017 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 3 - Retention and Admissibility of Electronic Records › Section 301 - Retention of electronic records -- Originals.

46-4-301.
Retention of electronic records -- Originals.
(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:
(a) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(b) remains accessible for later reference.
(2) A requirement to retain a record in accordance with Subsection (1) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(3) A person may satisfy Subsection (1) by using the services of another person if the requirements of Subsection (1) are satisfied.
(4) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with Subsection (1).
(5) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with Subsection (1).
(6) A record retained as an electronic record in accordance with Subsection (1) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after May 1, 2000, specifically prohibits the use of an electronic record for the specified purpose.
(7) This section does not preclude a governmental agency from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 3 - Retention and Admissibility of Electronic Records › Section 302 - Admissibility in evidence.

46-4-302.
Admissibility in evidence.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 4 - Automated Transactions, Sending and Receiving Electronic Records, and Transferable Records › Section 401 - Automated transaction.

46-4-401.
Automated transaction.
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 4 - Automated Transactions, Sending and Receiving Electronic Records, and Transferable Records › Section 402 - Time and place of sending and receipt.

46-4-402.
Time and place of sending and receipt.
(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(a) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(b) is in a form capable of being processed by that system; and
(c) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient.
(2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(b) it is in a form capable of being processed by that system.
(3) Subsection (2) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under Subsection (4).
(4)
(a) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business.
(b) For purposes of this Subsection (4), the following rules apply:
(i) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(ii) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(5) An electronic record is received under Subsection (2) even if no individual is aware of its receipt.
(6) Receipt of an electronic acknowledgment from an information processing system described in Subsection (2) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(7)
(a) If a person is aware that an electronic record purportedly sent under Subsection (1), or purportedly received under Subsection (2), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law.
(b) Except to the extent permitted by the other law, the requirements of this Subsection (7) may not be varied by agreement.
Enacted by Chapter 74, 2000 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 4 - Uniform Electronic Transactions Act › Part 5 - Electronic Records in Government Agencies › Section 502 - Providing services or information electronically -- Interpretation of terms in Utah Code.

46-4-502.
Providing services or information electronically -- Interpretation of terms in Utah Code.
(1) To provide services or information electronically, a state governmental entity may implement the terms listed in Subsection (2) in accordance with this section:
(a) when the term is used in the Utah Code; and
(b) if the implementation is not:
(i) inconsistent with the manifest intent of the Legislature; or
(ii) repugnant to the context of the statute.
(2) Subsection (1) applies to the terms listed in this Subsection (2).
(a) "Copy" may include an electronic version of a document.
(b) "Mail" may include sending a document electronically if the recipient can accept and process the electronic writing.
(c) "Mailing address" may include an electronic mailing address capable of receiving and processing an electronic writing.
(d) "Sign" or "signature" may include any form of electronic signature authorized by the governmental agency.
(e) "Written" or "writing" may include information that is:
(i) inscribed on a tangible medium; or
(ii)
(A) stored in an electronic or other medium; and
(B) is retrievable in a perceivable form.
Amended by Chapter 20, 2003 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 102 - Definitions.

Effective 7/1/2021
46-5-102.
Definitions.
In this chapter:
(1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(2) "Legal material" means, whether or not in effect:
(a) the Utah Constitution;
(b) the Laws of Utah;
(c) the Utah Code;
(d) the Utah Administrative Code; or
(e) the Utah State Bulletin.
(3) "Official publisher" means:
(a) for the Utah Constitution, the Office of Legislative Research and General Counsel;
(b) for the Laws of Utah, the Office of Legislative Research and General Counsel;
(c) for the Utah Code, the Office of Legislative Research and General Counsel;
(d) for the Utah Administrative Code, the Office of Administrative Rules created in Section 63G-3-401 within the Department of Government Operations; or
(e) for the Utah State Bulletin, the Office of Administrative Rules.
(4) "Publish" means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher.
(5) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 103 - Applicability.

Effective 1/1/2019
46-5-103.
Applicability.
This chapter applies to all legal material in an electronic record that is designated as official under Section 46-5-104 and first published electronically on or after January 1, 2019.
Enacted by Chapter 100, 2018 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 104 - Legal material in official electronic record.

Effective 1/1/2019
46-5-104.
Legal material in official electronic record.
(1) If an official publisher publishes legal material only in an electronic record, the official publisher shall:
(a) designate the electronic record as official; and
(b) comply with Sections 46-5-105, 46-5-107, and 46-5-108.
(2) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the official publisher complies with Sections 46-5-105, 46-5-107, and 46-5-108.
Enacted by Chapter 100, 2018 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 105 - Authentication of official electronic record.

Effective 1/1/2019
46-5-105.
Authentication of official electronic record.
An official publisher of legal material in an electronic record that is designated as official under Section 46-5-104 shall authenticate the record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the record received by the user from the official publisher is unaltered from the official record published by the official publisher.
Enacted by Chapter 100, 2018 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 106 - Effect of authentication.

Effective 1/1/2019
46-5-106.
Effect of authentication.
(1) Legal material in an electronic record that is authenticated under Section 46-5-105 is presumed to be an accurate copy of the legal material.
(2) If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
(3) A party contesting the authentication of legal material in an electronic record authenticated under Section 46-5-105 has the burden of proving by a preponderance of the evidence that the record is not authentic.
Enacted by Chapter 100, 2018 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 107 - Preservation and security of legal material in official electronic records.

Effective 1/1/2019
46-5-107.
Preservation and security of legal material in official electronic records.
(1) An official publisher of legal material in an electronic record that is or was designated as official under Section 46-5-104 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
(2) If legal material is preserved under Subsection (1) in an electronic record, the official publisher shall:
(a) ensure the integrity of the record;
(b) provide for backup and disaster recovery of the record; and
(c) ensure the continuing usability of the material.
Enacted by Chapter 100, 2018 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 108 - Public access to legal material in official electronic record.

Effective 5/14/2019
46-5-108.
Public access to legal material in official electronic record.
An official publisher of legal material in an electronic record that is required to be preserved under Section 46-5-107 shall ensure that the material is reasonably available for use by the public on a permanent basis.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 109 - Standards.

Effective 1/1/2019
46-5-109.
Standards.
In implementing this chapter, an official publisher of legal material in an electronic record shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;
(3) the needs of users of legal material in an electronic record;
(4) the views of governmental officials and entities and other interested persons; and
(5) to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to this chapter.
Enacted by Chapter 100, 2018 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 110 - Uniformity of application and construction.

Effective 1/1/2019
46-5-110.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 100, 2018 General Session
2023 Utah Code › Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material › Chapter 5 - Uniform Electronic Legal Material Act › Section 111 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 1/1/2019
46-5-111.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and 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 100, 2018 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 1 - Declared a nuisance -- Abatement.

47-1-1.
Declared a nuisance -- Abatement.
Whoever shall erect, establish, maintain, use, own or lease any building, structure or place, for the purpose of lewdness, assignation or prostitution is guilty of nuisance, and such building, structure or place, and the ground itself, in or upon which such lewdness, assignation or prostitution is conducted, permitted or carried on, and the furniture, fixtures and musical instruments therein and the contents thereof are declared a nuisance, and shall be enjoined and abated as hereinafter provided.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 2 - Injunction -- Notice to owner of premises.

47-1-2.
Injunction -- Notice to owner of premises.
Whenever a nuisance as defined in this chapter is kept or maintained, or exists, the county attorney or any citizen of the county may maintain an action in equity in the name of the state of Utah, upon the relation of such county attorney or citizen, to perpetually enjoin such nuisance, the person or persons conducting or maintaining the same and the owner or agent of the building or ground upon which it exists; provided, that when the owner or agent is not in the actual possession of the premises he shall have, before an action is brought under this chapter against him or affecting his real estate, notice in writing of the existence and nature of the nuisance, and he shall have a reasonable time after service of such notice in which to abate the nuisance. In such action the court, or a judge thereof, shall upon the presentation of a complaint therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction without bond, if it shall be made to appear to the satisfaction of the court or judge that such nuisance exists, by evidence in the form of affidavits, depositions, oral testimony or otherwise, as the complainant may elect, unless the court or judge, by previous order, shall have directed the form and manner in which it shall be presented. Three days' notice in writing shall be given the defendant of the hearing of the application, and if then continued at his instance, the writ as prayed for shall be granted as a matter of course. When an injunction has been granted it shall be binding on the defendant throughout the judicial district in which it was issued, and any violation of the provisions of the injunction herein provided for shall be a contempt as hereinafter provided.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 3 - Evidence -- Dismissal of action -- Costs.

47-1-3.
Evidence -- Dismissal of action -- Costs.
In such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of the nuisance. If the complaint is filed by a citizen, it shall not be dismissed except upon a sworn statement made by the relator and his attorney setting forth the reasons why the action should be dismissed, and the dismissal approved by the county attorney in writing or in open court. If the court is of the opinion that the action ought not to be dismissed, it may direct the county attorney to prosecute the action to judgment, and, if the action is continued for more than one term of court, any citizen of the county or the county attorney may be substituted for the relator and prosecute the action to judgment. If the action is brought by a citizen and the court finds there was no reasonable ground or cause therefor, the costs may be taxed to such citizen.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 4 - Violation of injunction -- Proceedings for contempt.

47-1-4.
Violation of injunction -- Proceedings for contempt.
In case of the violation of any injunction granted under the provisions of this chapter, the court, or a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court an information, under oath, setting out the facts constituting the violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of witnesses. A party found guilty of contempt under this section is guilty of a class B misdemeanor. A fine imposed shall be not less than $200 and any imprisonment in the county jail shall be not less than three nor more than six months.
Amended by Chapter 178, 1986 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 5 - Order of abatement -- Execution -- Sale of personal property -- Padlocking.

47-1-5.
Order of abatement -- Execution -- Sale of personal property -- Padlocking.
If the existence of the nuisance is established in an action as provided in this chapter, an order of abatement shall be entered as a part of the judgment in the case. The order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, and movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and shall further direct the effective closing of the building or place against its use for any purpose, and the keeping of it so closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, structure, or place so directed to be closed, he shall be punished as for contempt as provided in Section 47-1-4. For removing and selling the movable property the officer shall be entitled to charge and receive the same fees as for levying upon and selling like property on execution; and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 6 - Proceeds of sale -- Disposition.

47-1-6.
Proceeds of sale -- Disposition.
The proceeds of the sale of the personal property shall be applied in payment of the costs of the action and abatement, and the balance, if any, shall be paid to the defendant.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 7 - Bond to secure abatement -- Procedure.

47-1-7.
Bond to secure abatement -- Procedure.
If the owner appears and pays all costs of the proceeding and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or in vacation by the clerk, auditor and treasurer of the county, conditioned that he will immediately abate the nuisance and prevent the same from being established or kept therein within a period of one year thereafter, the court or the judge may, if satisfied of his good faith, order the premises that have been closed under the order of abatement to be delivered to the owner, and the order of abatement may be canceled so far as the same may relate to said property; and, if the proceeding is an action in equity and such bond is given and costs therein paid before judgment and order of abatement, the action shall be thereby abated as to the building only. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty or liability to which it may be subject by law.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 1 - Brothels › Section 8 - Permanent injunction -- Fine.

47-1-8.
Permanent injunction -- Fine.
Whenever a permanent injunction issues against any person for maintaining a nuisance as provided, or against any owner or agent of the building kept or used for the maintenance of the nuisance, all parties found guilty of maintaining the nuisance, or assisting to maintain the nuisance by furnishing or letting the building for the maintenance thereof, or otherwise, shall each be punished by a fine of not more than the maximum fine for a class A misdemeanor. The payment of the fine does not relieve the person or persons from any other penalties provided by law.
Amended by Chapter 178, 1986 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 2 - Abandoned Horses › Section 1 - "Abandoned horse" defined.

47-2-1.
"Abandoned horse" defined.
The term "abandoned horse" as used in this chapter means any horse, ass, mule or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state, and includes a foal running with a dam coming within the above definition. An animal not bearing a decipherable brand recorded in the office of the recorder of marks and brands shall be deemed unbranded.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 2 - Abandoned Horses › Section 2 - "Open range" defined.

47-2-2.
"Open range" defined.
The term "open range" means all land not privately owned, and includes all roads, outside of private inclosures, used by the public, whether the same have been formally dedicated to the public or not.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 2 - Abandoned Horses › Section 3 - Abandoned horses on open range declared a nuisance.

47-2-3.
Abandoned horses on open range declared a nuisance.
It shall be unlawful for any person to suffer or permit any abandoned horse to run at large upon the open range, and every abandoned horse is declared to be a public nuisance and a public menace, and is condemned subject to the right of its owner to reclaim it under the conditions hereinafter provided.
No Change Since 1953
2023 Utah Code › Title 47 - Nuisances › Chapter 2 - Abandoned Horses › Section 4 - Elimination by the county executive -- Notice of intention.

47-2-4.
Elimination by the county executive -- Notice of intention.
(1) The county executive may provide for the elimination of abandoned horses in the respective counties in the following manner:
(a) The county executive shall cause notice to be:
(i)
(A) published at least once a week for three successive weeks in a newspaper of general circulation published in the county; and
(B) in accordance with Section 45-1-101, published for three weeks;
(ii) posted in at least five public places outside of the county seat on public highways in such county; and
(iii) posted in three public places at the county seat, one of which shall be at the front door of the courthouse.
(b) The notices posted outside of the county seat shall be posted not less than two miles apart, and all posted notices shall be posted at least 30 days before the date which the county executive shall fix for the beginning of the elimination of abandoned horses from the range in such county as hereinafter provided.
(2) The notice shall be substantially in the following form:
Notice is hereby given that in accordance with the provisions of law the county executive of ____ County, Utah, will proceed to eliminate abandoned horses from the open range in said county, and that beginning on __________(month\day\year), a drive will be held, and all abandoned horses running upon the open range will, under the direction and supervision of the county executive, be eliminated. All owners of horses running upon the open range are hereby given notice to file with the county executive a description of the horses, and the brands or marks thereon.
Dated this __________(month\day\year).
By order of the county executive of ____ County, Utah.
_______________
County Clerk.
Amended by Chapter 388, 2009 General Session