reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 202 - Federal waivers, exemptions, or authorizations -- Implementation without waiver, exemption, or authorization.

Effective 5/10/2016
63G-12-202.
Federal waivers, exemptions, or authorizations -- Implementation without waiver, exemption, or authorization.
(1) The department, under the direction of the governor, shall seek one or more federal waivers, exemptions, or authorizations to implement the program.
(2) The governor shall actively participate in the effort to obtain one or more federal waivers, exemptions, or authorizations under this section.
(3) The department shall implement the program the sooner of:
(a) 120 days after the day on which the governor finds that the state has the one or more federal waivers, exemptions, or authorizations needed to implement the program; or
(b) July 1, 2027.
Amended by Chapter 81, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 204 - Obtaining a permit -- Uses of permit.

63G-12-204.
Obtaining a permit -- Uses of permit.
(1) An undocumented individual shall obtain a permit:
(a) before providing services to a person in this state under a contract for hire; or
(b) in accordance with Subsection (2), by no later than 30 days from the day on which the undocumented individual enters into a contract for hire.
(2)
(a) By rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, the department shall provide a procedure under which a person may hire an undocumented individual who does not hold a permit pending the undocumented individual obtaining a permit within 30 days of the day on which the undocumented individual is hired to provide services.
(b) An undocumented individual may not provide services under a contract for hire to a person for more than 30 days during a two-year calendar period without obtaining a permit as provided under this part.
(3) Subject to Subsection (4), a permit is considered an identification document for purposes of Section 63G-12-401, and may be used as identification or proof of the permit holder's age for any state or local government required purpose.
(4) An undocumented individual may not use a permit:
(a) to establish entitlement to a federal, state, or local benefit as described in Section 63G-12-402; or
(b) to obtain work or provide services in a state other than Utah.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 206 - Eligibility to obtain and maintain an immediate family permit.

63G-12-206.
Eligibility to obtain and maintain an immediate family permit.
To be eligible to obtain or maintain an immediate family permit, an undocumented individual shall:
(1) live in Utah;
(2) be a member of a guest worker's immediate family; and
(3) provide relevant contact information and regularly update the relevant contact information in a manner required by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 208 - Conditions during permit term.

63G-12-208.
Conditions during permit term.
(1) A permit holder shall continue to meet the eligibility criteria under Section 63G-12-205 or 63G-12-206 for the type of permit held by the permit holder.
(2) A permit is automatically revoked if after issuance of the permit:
(a) the permit holder to whom it is issued is convicted of, pleads guilty to, pleads no contest to, pleads guilty in a similar manner to, or has resolved by diversion or its equivalent a serious felony;
(b) for a guest worker permit, the permit holder to whom it is issued does not provide services under a contract for hire for more than one year; or
(c) for an immediate family permit, the guest worker permit under which the immediate family member's permit is issued is revoked or expires under this part.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 209 - Proficiency standards for English.

Effective 5/10/2016
63G-12-209.
Proficiency standards for English.
(1) A permit holder shall in good faith use best efforts to become proficient in the English language at or above the equivalent to an intermediate level on a language proficiency assessment test used by the State Board of Education for purposes of secondary school students.
(2) An undocumented individual shall pay the costs of complying with this section.
Amended by Chapter 144, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 210 - Verification of valid permit -- Protected status of information.

63G-12-210.
Verification of valid permit -- Protected status of information.
(1)
(a) The department shall develop a verification procedure by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, for a person who hires a permit holder to verify with the department that the permit is valid as required by Section 63G-12-301.
(b) The verification procedure adopted under this Subsection (1) shall:
(i) be substantially similar to the employer requirements to verify federal employment status under the e-verify program; and
(ii) provide that an undocumented individual may appeal a determination that a permit is invalid in accordance with Chapter 4, Administrative Procedures Act.
(2) Subject to Section 63G-12-212, a record under this part is a protected record under Chapter 2, Government Records Access and Management Act, except that a record may not be shared under Section 63G-2-206, unless:
(a) requested by the Office of Legislative Auditor General in accordance with Section 36-12-15;
(b) disclosed to the State Tax Commission as provided in Subsection 63G-12-203(2)(e)(vi); or
(c) disclosed to a federal government entity in accordance with this part or a waiver, exemption, or authorization described in Section 63G-12-202.
(3) The state is not liable to any person for:
(a) the design, implementation, or operation of a verification procedure under this part;
(b) the collection and disclosure of information as part of a verification procedure under this part; or
(c) the determination that a permit is invalid.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 211 - Prohibited conduct -- Administrative penalties -- Criminal penalties.

63G-12-211.
Prohibited conduct -- Administrative penalties -- Criminal penalties.
(1) A permit holder may not file for or receive unemployment benefits.
(2) A person may not:
(a) furnish false or forged information or documentation in support of an application;
(b) alter the information on a permit;
(c) if the person is a guest worker, be reported absent from work for 10 consecutive days without the approval of the person who hires the guest worker;
(d) allow an individual to use a permit if the individual is not entitled to use the permit;
(e) display or represent that a permit is issued to an individual, if the permit is not issued to the individual;
(f) display a revoked permit as a valid permit;
(g) knowingly or with reckless disregard acquire, use, display, or transfer an item that purports to be a valid permit, but that is not a valid permit; or
(h) otherwise violate this part.
(3) For a violation described in Subsections (1) and (2), the department may:
(a) suspend, limit, or revoke and repossess a permit;
(b) impose a civil penalty not to exceed $750 for each violation; or
(c) take a combination of actions under this section.
(4) A person is guilty of a class B misdemeanor if the person:
(a) furnishes false or forged information or documentation in support of an application; or
(b) alters the information on a permit.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 212 - Sharing of information related to enforcement.

63G-12-212.
Sharing of information related to enforcement.
(1) The department shall provide the notice described in Subsection (2), if the department determines that an undocumented individual:
(a) has the undocumented individual's permit revoked; or
(b) permits the undocumented individual's permit to expire and the department has reason to believe that the undocumented individual continues to reside in the state.
(2)
(a) The department shall provide the notice required by Subsection (1) to:
(i) Utah's attorney general; and
(ii) United States Immigration and Customs Enforcement.
(b) The notice described in Subsection (2)(a) shall:
(i) include:
(A) the last known address of the undocumented individual; and
(B) the basis of the notice described in Subsection (1); and
(ii) be sent promptly after the day on which the time to appeal, if any, the action that is the basis for the notification under Subsection (1) ends.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 3 - Employee Verification and Employer Sanctions › Section 301 - Employing unauthorized alien -- Verification of employment eligibility.

63G-12-301.
Employing unauthorized alien -- Verification of employment eligibility.
(1) On and after the program start date, an employer may not knowingly employ an unauthorized alien who does not hold a permit.
(2) On and after the program start date, a private employer employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year, after hiring an employee, shall verify the employment eligibility of the new employee:
(a) through the e-verify program if the individual does not hold a permit; and
(b) through the u-verify program if the individual holds a permit.
(3) A private employer shall keep a record of the verification required by Subsection (2) for the longer of:
(a) the duration of the employee's employment; or
(b) at least three years from the date of verification.
(4) On and after the program start date, a private employer shall terminate the employment of an undocumented individual if the undocumented individual is determined by the department to not hold a valid permit.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 3 - Employee Verification and Employer Sanctions › Section 303 - Liability protections.

63G-12-303.
Liability protections.
(1) On or after the program start date, a private employer may not be held civilly liable under state law in a cause of action for the private employer's unlawful hiring of an unauthorized alien if:
(a) the private employer complies with Subsection 63G-12-301(2); and
(b) the information obtained after verification under Subsection 63G-12-301(2) indicates that:
(i) the employee's federal legal status allowed the private employer to hire the employee; or
(ii) on and after the program start date, the employee held a valid permit.
(2) On or after the program start date, a private employer may not be held civilly liable under state law in a cause of action for the private employer's refusal to hire an individual if:
(a) the private employer complies with Subsection 63G-12-301(2); and
(b) the information obtained after verification under Subsection 63G-12-301(2) indicates that the employee:
(i) was an unauthorized alien; and
(ii) on and after the program start date, does not hold a valid permit.
(3) This chapter does not create a cause of action, on the basis of discrimination or otherwise, for not hiring an individual who holds a permit.
(4) This section applies to a private employer that verifies the employment eligibility of a new employee as described in Subsection 63G-12-301(2) regardless of whether the private employer has less than 15 employees within the state.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 3 - Employee Verification and Employer Sanctions › Section 304 - Voluntary registration by private employer certifying participation in verification.

63G-12-304.
Voluntary registration by private employer certifying participation in verification.
(1)
(a) On or after the program start date, a private employer may register with the department certifying that the private employer is in compliance with Subsection 63G-12-301(2).
(b) A private employer may register with the department under this section regardless of whether the private employer is required to comply with Subsection 63G-12-301(2).
(2) To register or renew a registration with the department under this part, a private employer shall:
(a) file a registration statement with the department that certifies compliance with Subsection 63G-12-301(2); and
(b) pay a fee established by the department in accordance Section 63J-1-504 that reflects the cost of registering employers under this section and publishing the list described in Subsection (5).
(3) A registration under this part expires every two years on the anniversary of the day on which the registration is filed with the department.
(4) In accordance with Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to provide for:
(a) the form of a registration statement under this section;
(b) the process of filing a registration statement under this section; and
(c) the process of renewing a registration statement under this section.
(5) On and after the program start date, the department shall publish electronically a list of private employers who register under this section on a website accessible to the general public without a charge.
(6) The department shall coordinate with the Department Commerce to transfer the registration operated by the Department of Commerce to the department effective on the program start date.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 3 - Employee Verification and Employer Sanctions › Section 305 - Administrative actions -- Defenses.

63G-12-305.
Administrative actions -- Defenses.
(1) On and after the program start date and in accordance with Chapter 4, Administrative Procedures Act, the department may bring agency action against a private employer who violates Subsection 63G-12-301(1) to impose a penalty described in Section 63G-12-306.
(2)
(a) To determine whether an employee is an unauthorized alien for purposes of Subsection (1), the department shall consider only the federal government's determination pursuant to 8 U.S.C. Sec. 1373(c).
(b) The federal government's determination creates a rebuttable presumption of the employee's lawful status. The department may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. Sec. 1373(c).
(3) For the purposes of this part, proof of verifying the employment authorization in accordance with Subsection 63G-12-301(2) creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien who does not hold a valid permit.
(4)
(a) For the purposes of this section, an employer that establishes that the employer has complied in good faith with the requirements of 8 U.S.C. Sec. 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien.
(b) An employer is considered to have complied with the requirements of 8 U.S.C. Sec. 1324a(b), notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 1 - General Provisions › Section 102 - Definitions.

63G-14-102.
Definitions.
(1) "Department" means the Department of Public Safety created in Section 53-1-103.
(2)
(a) "Foreign national," except as provided in Subsection (2)(b), means an individual who is a citizen of a foreign country.
(b) "Foreign national" does not include an individual who is in the United States, but who is not lawfully present in any of the states of the United States.
(3) "Permit" means an identification permit issued in accordance with Section 63G-14-204.
(4) "Program" means the Utah Pilot Sponsored Resident Immigrant Program created in Section 63G-14-201.
(5) "Resident immigrant" means an individual who:
(a) is a foreign national; and
(b) is accepted into the program in accordance with Section 63G-14-202.
(6) "Sponsor" means an individual who agrees to sponsor a foreign national under the program in accordance with Section 63G-14-203.
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 2 - Utah Pilot Sponsored Resident Immigrant Program › Section 201 - Creation of program.

Effective 5/10/2016
63G-14-201.
Creation of program.
(1)
(a) The governor shall create a program known as the "Utah Pilot Sponsored Resident Immigrant Program":
(i) that is consistent with this chapter; and
(ii) under which a resident immigrant may reside, work, and study in Utah, except that the program may not permit a resident immigrant to travel outside of the state except as provided in Subsection 63G-14-206(1).
(b) The governor shall:
(i) begin implementation of the program by no later than July 1, 2027; and
(ii) end operation of the program on June 30, 2032.
(c) Under the program, the governor may facilitate transport to Utah for a foreign national who has been accepted into the program.
(d) The governor may recommend legislation to the Legislature to address how a resident immigrant is to be treated under statutes that relate to an alien.
(2) The department shall administer the program, except to the extent that the governor delegates a power or duty under the program to another state agency. Subject to Subsection (3), the department may make rules in accordance with Chapter 3, Utah Administrative Rulemaking Act, to implement the program to the extent expressly provided for in this chapter.
(3) The governor may act by executive order whenever the department is authorized to make rules under this chapter. If there is a conflict between a rule made by the department and an executive order of the governor, the executive order governs.
Amended by Chapter 81, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 2 - Utah Pilot Sponsored Resident Immigrant Program › Section 202 - Approval as a resident immigrant -- Ineligibility.

63G-14-202.
Approval as a resident immigrant -- Ineligibility.
(1) To be considered for approval as a resident immigrant for purposes of the program, a foreign national shall:
(a) file an application with the department;
(b) at the time of filing the application be living outside of the United States;
(c) pass a health and background screening;
(d) provide evidence that the foreign national has not been convicted of, pled guilty to, pled no contest to, pled guilty in a similar manner to, or resolved by diversion or its equivalent to a felony or class A misdemeanor;
(e) file proof of sponsorship by a sponsor who meets the requirements of Section 63G-14-203; and
(f) pay a fee established by the department in accordance with Section 63J-1-504.
(2) A foreign national is ineligible for the program if the individual:
(a) is in the United States at the time of application for the program; or
(b) is a citizen of a country:
(i) designated by the United States State Department as a state sponsor of terrorism in accordance with section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act;
(ii) against which the United States has declared war; or
(iii) against which the United States has imposed sanctions as listed under a sanctions program of the Office of Foreign Assets Control within the United States Department of Treasury.
(3) A foreign national may appeal the denial of participation in the program as a resident immigrant in accordance with Chapter 4, Administrative Procedures Act.
(4)
(a) The department, in consultation with the governor, shall make rules in accordance with Chapter 3, Utah Administrative Rulemaking Act, that provide:
(i) what constitutes passing a health screening to be eligible to be accepted into the program, except at a minimum to be eligible to participate in the program an individual may not have a medical condition that would make the individual inadmissible for public health grounds under 8 U.S.C. Sec. 1182;
(ii) what constitutes a background screening to be eligible to be accepted into the program;
(iii) what constitutes proof of sponsorship to be provided by the foreign national;
(iv) the term for which a foreign national is considered a resident immigrant; and
(v) the process of obtaining a resident immigrant permit under Section 63G-14-204.
(b) When making a rule under this section, the department shall use federal standards as a guideline to avoid unnecessary duplication and additional costs.
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 2 - Utah Pilot Sponsored Resident Immigrant Program › Section 203 - Sponsorship.

63G-14-203.
Sponsorship.
(1)
(a) An individual who is a United States citizen and a resident of Utah may sponsor a foreign national as a resident immigrant by agreeing to assume financial responsibility for the foreign national in accordance with this section.
(b) An individual described in Subsection (1)(a) may sponsor:
(i) two individual foreign nationals; or
(ii) each individual in an association of individuals:
(A) who live in the same dwelling, sharing its furnishings, facilities, accommodations, and expenses;
(B) who are relatives of each other; and
(C) at least one of whom is a parent.
(2) The department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, shall establish eligibility requirements to be a sponsor, except that at a minimum the eligibility requirements shall require that the sponsor:
(a) prove an income level at or above 125% of the federal poverty level; or
(b) meet an alternative test created by the department that considers assets as well as income.
(3)
(a) The department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, shall define what constitutes an assumption of financial responsibility for a resident immigrant, except that at a minimum the rules shall require that the sponsor agrees:
(i) to accept responsibility for any financial liability a foreign national incurs while participating in the program;
(ii) to an assumption of financial responsibility for the foreign national that is equivalent to the financial responsibility that a parent has for a dependent child; and
(iii) that the state may consider the sponsor's income and assets to be available for the support of the resident immigrant sponsored by the sponsor.
(b) A sponsor violates this chapter if the sponsor fails to pay a financial liability of a resident immigrant that is not paid by the resident immigrant and that is subject to the sponsor's assumption of financial responsibility for the resident immigrant.
(4)
(a) To terminate the sponsorship of a resident alien, an individual shall:
(i) notify the department; and
(ii) provide evidence satisfactory to the department that the resident alien no longer resides in the United States.
(b) A sponsorship is terminated the day on which the department certifies that the sponsor has complied with Subsection (4)(a).
(5) A sponsor shall prove to the satisfaction of the department that a resident immigrant leaves the United States if:
(a) the resident alien is disqualified from the program; or
(b) the sponsor terminates sponsorship.
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 2 - Utah Pilot Sponsored Resident Immigrant Program › Section 204 - Resident immigrant permit.

63G-14-204.
Resident immigrant permit.
(1) The department shall:
(a) create a resident immigrant permit to be issued to an individual who is a resident immigrant that:
(i) is of impervious material that is resistant to wear or damage; and
(ii) minimizes the risk that the permit may be forged, falsified, or counterfeited; and
(b) ensure that a permit:
(i) includes a photograph of the individual to whom the permit is issued;
(ii) prominently states the day on which the permit expires;
(iii) prominently states the type of permit; and
(iv) includes a unique identifier.
(2) The department shall establish the fee under Section 63G-14-202 to be adequate to pay the costs incurred to issue a permit.
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 2 - Utah Pilot Sponsored Resident Immigrant Program › Section 205 - Employment and taxation obligations under the program.

63G-14-205.
Employment and taxation obligations under the program.
(1) A person in the state may employ a resident immigrant.
(2) A resident immigrant, or a resident immigrant's employer, shall pay all income taxes and employment taxes, fees, or charges in accordance with the program.
(3)
(a) The State Tax Commission shall, by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, provide a means that is effective as of the day on which the governor begins implementation of the program under which a person who receives services from a resident immigrant to withhold from compensation paid to the resident immigrant an amount to be determined by State Tax Commission rule that, as closely as possible, equals the income taxes that would be withheld under state law if the resident immigrant were an employee with a Social Security number.
(b) The rules described in Subsection (3)(a) shall be substantially similar to Title 59, Chapter 10, Part 4, Withholding of Tax.
(c) As part of the program the governor shall provide a method by which there is collected and remitted to the federal government the money collected that is equivalent to the income and employment taxes that would be withheld under federal law if a resident immigrant were an employee with a Social Security number.
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 2 - Utah Pilot Sponsored Resident Immigrant Program › Section 206 - Restrictions on activities of resident immigrant.

63G-14-206.
Restrictions on activities of resident immigrant.
(1)
(a) A resident immigrant may not travel outside of the state without the express written approval of the department.
(b) The department shall by rule, made in accordance with Chapter 3, Utah Administrative Rulemaking Act, provide a process by which a person obtains approval to travel as required by Subsection (1)(a).
(2) The department may by rule, made in accordance with Chapter 3, Utah Administrative Rulemaking Act, impose other requirements to maintain the status of a resident immigrant that are consistent with this chapter.
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 3 - Enforcement › Section 301 - Disqualification from program.

63G-14-301.
Disqualification from program.
(1) A resident immigrant is disqualified from the program if after becoming a resident immigrant the individual:
(a) is convicted of, pleads guilty to, pleads no contest to, pleads guilty in a similar manner to, or is resolved by diversion or its equivalent to a felony or class A misdemeanor; or
(b) violates the terms and restrictions of the program.
(2) In accordance with Chapter 4, Administrative Procedures Act, the department may bring an action to terminate a resident immigrant's participation in the program for a violation described in Subsection (1).
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 14 - Utah Pilot Sponsored Resident Immigrant Program Act › Part 3 - Enforcement › Section 302 - Penalties on sponsors.

63G-14-302.
Penalties on sponsors.
In accordance with Chapter 4, Administrative Procedures Act, the department may:
(1) impose a fine on a sponsor who violates Subsection 63G-14-203(5) not to exceed $5,000; and
(2) prohibit a sponsor from sponsoring another resident alien for a period of five years for a violation described in Subsection 63G-14-203(3)(b).
Enacted by Chapter 20, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 15 - State Issued Identification Number Act › Part 1 - General Provisions › Section 102 - Definitions.

63G-15-102.
Definitions.
As used in this chapter:
(1) "Government entity" means the state and its political subdivisions as both are defined in this section.
(2) "Political subdivision" is as defined in Section 63G-7-102.
(3) "State":
(a) means the state of Utah;
(b) except as provided in Subsection (3)(c), includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state; and
(c) does not include the State Tax Commission.
Enacted by Chapter 250, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 15 - State Issued Identification Number Act › Part 2 - State Issued Identification Numbers › Section 201 - Restrictions for state issued identification numbers.

63G-15-201.
Restrictions for state issued identification numbers.
(1) In accordance with Subsection (2), a government entity may not use a nine digit number as a person's identification number with the government entity.
(2) The provisions of Subsection (1) apply to the government entity if the government entity's information technology system is:
(a) capable, within existing appropriations, of creating and using an identification number that is not a nine digit number; or
(b) undergoing significant reprogramming or design change and the elimination of a nine digit identification number can be accomplished as part of the reprogramming or redesign, or the nine digit number that will be used by the government entity:
(i) is a combination of letters and numbers;
(ii) is the individual's Social Security number and the use of the Social Security number is necessary for the governmental entity; or
(iii) is not the individual's Social Security number, but the government entity can take steps to ensure that the nine digit number is not an active Social Security number that is assigned to another person.
Enacted by Chapter 250, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 16 - State Sovereignty › Section 101 - State sovereignty and rights of set-off.

63G-16-101.
State sovereignty and rights of set-off.
(1) Pursuant to the Ninth and Tenth Amendments of the Constitution of the United States of America, the state of Utah does solemnly affirm its state sovereignty and fully and unconditionally reserves and asserts all rights and powers, directly and indirectly related to those rights and powers.
(2) This affirmation, reservation, and assertion includes rights and claims of set-off by the state of Utah for any amounts it claims to have been inequitably or unlawfully caused or imposed by the federal government.
Enacted by Chapter 38, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 17 - Air Quality Mitigation › Part 1 - General Provisions › Section 102 - Definitions.

63G-17-102.
Definitions.
As used in this chapter:
(1) "Agency" means:
(a) the House of Representatives;
(b) the Senate;
(c) a staff office of the Legislature;
(d) a department in the executive branch of state government;
(e) the Judicial Council; or
(f) a state institution of higher education.
(2) "Air pollutant" is as defined in 42 U.S.C. Sec. 7602(g).
(3) "Designated county" means:
(a) Salt Lake County;
(b) Davis County;
(c) Utah County;
(d) Weber County;
(e) Box Elder County;
(f) Cache County;
(g) Duchesne County; or
(h) Uintah County.
(4) "Mitigation efforts" means measures taken to reduce the emission of air pollutants, including:
(a) flexible work schedules to reduce driving during peak times;
(b) telecommuting;
(c) electronic communication, including teleconferencing;
(d) encouraging ride sharing;
(e) encouraging use of public or alternative forms of transportation;
(f) energy conservation;
(g) using alternative energy sources;
(h) recycling and using recycled products;
(i) using non-aerosol products;
(j) reducing idling;
(k) low-maintenance landscaping; or
(l) other technology that may be used, or measures that may be taken, to reduce the emission of air pollutants.
Enacted by Chapter 105, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 17 - Air Quality Mitigation › Part 2 - Air Quality Mitigation by Agencies and School Districts › Section 202 - Air quality mitigation report and plan.

63G-17-202.
Air quality mitigation report and plan.
(1) Except as provided in Subsection (2), and in accordance with Subsection (3):
(a) on or before July 1, 2013, each school district shall submit to the State Board of Education, by email, a report on the mitigation efforts currently being used by the school district;
(b) on or before August 1, 2013:
(i) the State Board of Education shall submit to the Economic Development Task Force, by email, a summary report of the reports received under Subsection (1)(a); and
(ii) each agency shall submit to the Economic Development Task Force, by email, a report on the mitigation efforts currently being used by the agency;
(c) on or before August 1, 2013, each school district shall develop and submit to the State Board of Education, by email, a plan that describes the mitigation efforts that the school district will implement, within one year after the day on which the plan is submitted, to:
(i) reduce the emission of air pollutants on a regular basis; and
(ii) reduce the emission of air pollutants on a day for which the Division of Air Quality issues an air quality action alert; and
(d) on or before September 1, 2013:
(i) the State Board of Education shall submit to the Economic Development Task Force, by email, a summary of the plans received under Subsection (1)(c); and
(ii) each agency shall develop and submit to the Economic Development Task Force, by email, a plan that describes the mitigation efforts that the agency will implement within one year after the day on which the plan is submitted, to:
(A) reduce the emission of air pollutants on a regular basis; and
(B) reduce the emission of air pollutants on a day for which the Division of Air Quality issues an air quality action alert.
(2)
(a) A school district is exempt from the provisions of this section if:
(i) the school district is not, in whole or in part, within a designated county; and
(ii) the school district's employees do not reside within a designated county.
(b) A report or plan that an agency is required to submit under this section is not required to contain information in relation to a designated county where an employee of the agency does not reside or work.
(3) A plan described in Subsection (1)(c) or (d) shall include information regarding additional funds, if any, that are needed in order to implement all or a portion of the plan.
Enacted by Chapter 105, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 19 - Biotechnology Provisions › Part 1 - Biotechnology Provisions › Section 101 - Title -- Definitions.

Effective 5/12/2015
63G-19-101.
Title -- Definitions.
(1) This chapter is known as "Biotechnology Provisions."
(2) As used in this part, "biotechnology" is:
(a) the modification of living organisms by recombinant DNA techniques; and
(b) a means to accomplish, through genetic engineering, the same kinds of modifications accomplished through traditional genetic techniques such as crossbreeding.
Renumbered and Amended by Chapter 283, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 19 - Biotechnology Provisions › Part 1 - Biotechnology Provisions › Section 102 - Confidential information.

Effective 5/12/2015
63G-19-102.
Confidential information.
(1) A state agency having access under federal law to biotechnology trade secrets and related confidential information shall manage the trade secrets and related confidential records as protected records under Title 63G, Chapter 2, Government Records Access and Management Act.
(2) The records described in this section may be disclosed under the balancing provisions of Title 63G, Chapter 2, Government Records Access and Management Act, when a determination is made that disclosure is essential for the protection of the public's health or environment.
Renumbered and Amended by Chapter 283, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 19 - Biotechnology Provisions › Part 1 - Biotechnology Provisions › Section 103 - Preemption of local regulation.

Effective 5/12/2015
63G-19-103.
Preemption of local regulation.
(1) A county, city, town, or other political subdivision may not regulate the technological processes relating to the development and use of biotechnologically created materials and organisms.
(2) This preemption does not affect the powers of a county, city, town, or other political subdivision, including the power to regulate land use, business, industry, construction, and public utilities, to protect the public health or environment, or to provide fire protection and other public safety services.
Renumbered and Amended by Chapter 283, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 1 - General Provisions › Section 101 - Title.

Effective 5/12/2015
63G-20-101.
Title.
This chapter is known as "Religious Protections in Relation to Marriage, Family, or Sexuality."
Enacted by Chapter 46, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
63G-20-102.
Definitions.
As used in this chapter:
(1) "Child placing" means the same as that term is defined in Section 26B-2-101.
(2) "Child-placing agency" means a private person that is engaged in child placing related to a child who is not in the custody of the state.
(3) "Government retaliation" means an action by a state or local government or an action by a state or local government official that:
(a) is taken in response to a person's exercise of a protection contained in Section 17-20-4, 63G-20-201, 63G-20-203.5, or 63G-20-301; and
(b)
(i) imposes a formal penalty on, fines, disciplines, discriminates against, denies the rights of, denies benefits to, or denies tax-exempt status to a person; or
(ii) subjects a person to an injunction or to an administrative claim or proceeding.
(4)
(a) "Religious official" means an officer or official of a religion, when acting as such.
(b) "Religious official" includes an individual designated by the religion as clergy, minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is acting as such.
(5) "Religious organization" means:
(a) a religious organization, association, educational institution, or society;
(b) a religious corporation sole; or
(c) any corporation or association constituting a wholly owned subsidiary, affiliate, or agency of any religious organization, association, educational institution, society, or religious corporation sole.
(6) "Sexuality" includes legal sexual conduct, legal sexual expression, sexual desires, and the status of a person as male or female.
(7) "State or local government" means:
(a) a state government entity, agency, or instrumentality; or
(b) a local government entity, agency, or instrumentality.
(8) "State or local government official" means an officer, employee, or appointee of a state or local government.
Amended by Chapter 466, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 1 - General Provisions › Section 103 - Interpretation.

Effective 5/12/2015
63G-20-103.
Interpretation.
(1) Utah state courts and courts of the United States shall broadly construe this chapter in favor of a broad protection of religious beliefs, exercises, and conscience to the maximum extent permitted by the terms of this chapter and the Utah and United States constitutions.
(2) Nothing in this chapter may be construed to limit:
(a) the authority of a state or local government or a state or local government official to protect the health, safety, or property of Utah residents through lawful means;
(b) the application of Utah's criminal laws;
(c) the application of Utah's laws barring discrimination in employment or housing; or
(d) the application of Utah's laws barring discrimination in public accommodations, subject to Section 63G-20-201.
Enacted by Chapter 46, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 2 - Government Entities Prohibited from Certain Burdens on Religious Beliefs › Section 201 - Provisions governing solemnizing or recognizing a marriage -- Prohibition against employment actions.

Effective 5/12/2015
63G-20-201.
Provisions governing solemnizing or recognizing a marriage -- Prohibition against employment actions.
Notwithstanding any other provision of law, a state or local government or a state or local government official may not:
(1) require a religious official, when acting as such, or religious organization to solemnize or recognize for ecclesiastical purposes a marriage that is contrary to that religious official's or religious organization's religious beliefs;
(2) if the religious official or religious organization is authorized to solemnize a marriage by Section 30-1-6, deny a religious official, when acting as such, or religious organization the authority to legally solemnize a legal marriage based on the religious official's or religious organization's refusal to solemnize any legal marriage that is contrary to the religious official's or religious organization's religious beliefs;
(3) require a religious official, when acting as such, or religious organization to provide goods, accommodations, advantages, privileges, services, facilities, or grounds for activities connected with the solemnization or celebration of a marriage that is contrary to that religious official's or religious organization's religious beliefs; or
(4) require a religious official, when acting as such, or religious organization to promote marriage through religious programs, counseling, courses, or retreats in a way that is contrary to that religious official's or religious organization's religious beliefs.
Enacted by Chapter 46, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 2 - Government Entities Prohibited from Certain Burdens on Religious Beliefs › Section 202 - Prohibition on government retaliation.

Effective 5/3/2023
63G-20-202.
Prohibition on government retaliation.
Notwithstanding any other law, a state or local government or a state or local government official may not engage in government retaliation against:
(1) an individual, a religious official when acting as such, or a religious organization for exercising the protections contained in Section 17-20-4, 63G-20-201, or 63G-20-301; or
(2) a child-placing agency for exercising the protections contained in Section 63G-20-203.5.
Amended by Chapter 466, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 2 - Government Entities Prohibited from Certain Burdens on Religious Beliefs › Section 203 - Prohibition on licensing disadvantages based on beliefs.

Effective 5/12/2015
63G-20-203.
Prohibition on licensing disadvantages based on beliefs.
Notwithstanding any other law, a state or local government, a state or local government official, or another accrediting, certifying, or licensing body may not:
(1) deny, revoke, or suspend a licensee's professional or business license based on that licensee's beliefs or the licensee's lawful expressions of those beliefs in a nonprofessional setting, including the licensee's religious beliefs regarding marriage, family, or sexuality; or
(2) penalize, discipline, censure, disadvantage, discriminate against, or retaliate against a licensee who holds a professional or business license based on that licensee's beliefs or lawful expressions of those beliefs in a nonprofessional setting, including the licensee's religious beliefs regarding marriage, family, or sexuality.
Enacted by Chapter 46, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 2 - Government Entities Prohibited from Certain Burdens on Religious Beliefs › Section 204 - Remedies -- Attorney fees and costs.

Effective 5/12/2015
63G-20-204.
Remedies -- Attorney fees and costs.
(1)
(a) A person aggrieved by a violation of this part may:
(i) seek injunctive or other civil relief to require a state or local government or a state or local government official to comply with the requirements of this part; or
(ii) seek removal of the local government official for malfeasance in office according to the procedures and requirements of Title 77, Chapter 6, Removal by Judicial Proceedings.
(b) The court may award reasonable attorney fees and costs to the prevailing party.
(2)
(a) A person aggrieved by a violation of this part may bring a civil action in district court.
(b) If the plaintiff establishes one or more violations of this part by a preponderance of the evidence, the court:
(i) shall grant the plaintiff appropriate legal or equitable relief; and
(ii) may award reasonable attorney fees and costs to the prevailing party.
Enacted by Chapter 46, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 20 - Religious Protections in Relation to Marriage, Family, or Sexuality › Part 3 - Prohibitions on Certain Burdens on a Religious Official's or Religious Organization's Religious Beliefs about Marriage, Family, or Sexuality › Section 301 - Prohibitions relating to refusing to solemnize a marriage.

Effective 5/12/2015
63G-20-301.
Prohibitions relating to refusing to solemnize a marriage.
Notwithstanding any other provision of law, an individual may not require a religious official, when acting as such, or religious organization to provide goods, accommodations, advantages, privileges, services, facilities, or grounds for activities connected with the solemnization or celebration of a marriage that is contrary to that religious official's or religious organization's religious beliefs about marriage, family, or sexuality.
Enacted by Chapter 46, 2015 General Session