reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 54 - Ticket Website Sales Act › Part 2 - Requirements and Prohibited Practices › Section 203 - Resale refund requirements.

Effective 5/3/2023
13-54-203.
Resale refund requirements.
A primary ticket seller or reseller from which a consumer purchases a ticket shall guarantee a full refund, including handling fees, if:
(1) the event for which the primary ticket seller or reseller sold the ticket is canceled;
(2) the ticket does not grant the purchaser admission to the event;
(3) the ticket is counterfeit; or
(4) the ticket fails to conform to the description that the primary ticket seller or reseller advertised to the purchaser.
Enacted by Chapter 251, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 54 - Ticket Website Sales Act › Part 3 - Enforcement › Section 301 - Enforcement powers.

Effective 5/14/2019
13-54-301.
Enforcement powers.
(1) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2)
(a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
(i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and
(ii) the division may bring an action in a court of competent jurisdiction to enforce the provisions of this chapter.
(b) In a court action by the division to enforce a provision of this chapter, the court may:
(i) find that an act or practice violates a provision of this chapter; and
(ii) award, for each violation of this chapter:
(A) actual damages on behalf of each consumer who complained to the division within a reasonable time after the division initiated the court action; and
(B) a fine of up to $2,500.
(c) For any judgment in favor of the division under this section, the court may award:
(i) costs, including the costs of investigation; and
(ii) reasonable attorney fees.
(3) Each ticket sold or offered for sale while a person is in violation of a provision of this chapter constitutes a separate violation of this chapter.
(4) Nothing in this chapter affects:
(a) a remedy available to a person independent of this chapter; or
(b) the division's ability or authority to enforce any other law.
Enacted by Chapter 115, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 56 - Ticket Transferability Act › Part 1 - General Provisions › Section 101 - Title.

Effective 1/1/2020
13-56-101.
Title.
This chapter is known as the "Ticket Transferability Act."
Enacted by Chapter 423, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 56 - Ticket Transferability Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 1/1/2020
13-56-102.
Definitions.
As used in this section:
(1) "Division" means the Division of Consumer Protection in the Department of Commerce.
(2) "Event" means a single, specific occurrence of one of the following, that takes place at a venue:
(a) a concert;
(b) a game;
(c) a performance;
(d) a show; or
(e) an occasion similar to the occasions described in Subsections (2)(a) through (d).
(3) "Exempt entity" means:
(a) a Division I college postseason basketball tournament;
(b) a nonprofit organization that:
(i) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;
(ii) is domiciled in the state; and
(iii) produces an annual international film festival in the state; or
(c) a public or private postsecondary institution that is located in the state.
(4) "Restricted ticket" means a ticket to an event that is subject to a restriction that prohibits the purchaser from reselling or otherwise transferring the ticket by any lawful method.
(5) "Transferrable ticket" means a ticket to an event that a person issues using a delivery method that enables the purchaser to lawfully resell the ticket independent of the person who issued the ticket or the person's agent or operator.
(6)
(a) "Venue" means real property located in the state where one or more persons host a concert, game, performance, show, or similar occasion.
(b) "Venue" includes an arena, a stadium, a theater, a concert hall, an amphitheater, a fairground, a club, a convention center, a public assembly facility, or a mass gathering location.
(7) "Venue operator" means a person who operates a venue.
Enacted by Chapter 423, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 56 - Ticket Transferability Act › Part 1 - General Provisions › Section 103 - Scope.

Effective 1/1/2020
13-56-103.
Scope.
(1) This chapter does not apply to an event or venue of an exempt entity.
(2) Nothing in this chapter prohibits a venue operator from maintaining and enforcing one or more policies regarding conduct or behavior at or in connection with the venue.
Enacted by Chapter 423, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 56 - Ticket Transferability Act › Part 2 - Ticket Resale Restrictions › Section 201 - Limitations on ticket resale restrictions -- Disclosures.

Effective 1/1/2020
13-56-201.
Limitations on ticket resale restrictions -- Disclosures.
(1) Except as provided in Subsection (2), each ticket issued for an event shall be a transferrable ticket.
(2)
(a)
(i) Up to 10% of the total number of tickets issued for an event may be restricted tickets.
(ii) The total number of tickets described in Subsection (2)(a)(i):
(A) includes each ticket that provides access to the event, regardless of whether the ticket is made available for sale; and
(B) does not include a ticket that is part of a youth basketball program associated with a professional sports team where tickets are donated or issued at a reduced rate.
(b) Notwithstanding Subsection (2)(a), each calendar year, an unlimited number of restricted tickets may be issued for up to 10% of the total concert and theater events held at the same venue during the calendar year.
(3) A person who issues a restricted ticket shall provide the purchaser a clear and conspicuous written notice that states the ticket may not be resold or transferred.
(4) A person may not discriminate against an individual or deny an individual admission to an event solely because the individual:
(a) resold a ticket to the event independent of the person who issued the ticket or the person's agent or operator; or
(b) purchased a resold ticket to the event independent of the person who issued the ticket or the person's agent or operator.
Enacted by Chapter 423, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 56 - Ticket Transferability Act › Part 3 - Enforcement and Reporting › Section 301 - Enforcement powers -- Penalty.

Effective 1/1/2020
13-56-301.
Enforcement powers -- Penalty.
(1) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2) A person who violates a provision of this chapter is subject to a fine of up to $250 per violation.
Enacted by Chapter 423, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 56 - Ticket Transferability Act › Part 3 - Enforcement and Reporting › Section 302 - Reporting.

Effective 1/1/2020
13-56-302.
Reporting.
(1) As used in this section, "reporting period" means:
(a) for a report submitted under this section in compliance with a July 15 deadline, January 1 through June 30 of the calendar year in which the report is submitted; or
(b) for a report submitted under this section in compliance with a January 15 deadline, July 1 through December 31 of the calendar year immediately preceding the calendar year in which the report is submitted.
(2) On or before July 15, 2020, and July 15 of each year thereafter, a venue operator shall submit a report described in Subsection (4) to the division, if there was an event scheduled at the venue during the reporting period for which a person issued one or more restricted tickets.
(3) On or before January 15, 2021, and January 15 of each year thereafter, a venue operator shall submit a report described in Subsection (4) to the division, if there was an event scheduled at the venue during the reporting period for which a person issued one or more restricted tickets.
(4) A report submitted in accordance with this section shall contain the following information:
(a) for each event scheduled at the venue during the reporting period and for which a person issued a restricted ticket:
(i) the total number of tickets issued for the event;
(ii) the number of restricted tickets issued for the event;
(iii) the date of the event; and
(iv) the type of event;
(b)
(i) for a report submitted in compliance with a July 15 deadline, the number of concert or theater events scheduled at the venue during the reporting period; or
(ii) for a report submitted in compliance with a January 15 deadline, the number of concert or theater events scheduled at the venue during the preceding calendar year; and
(c) the number of concert or theater events scheduled at the venue during the reporting period for which a person issued a restricted ticket under Subsection 13-56-201(2)(b).
Enacted by Chapter 423, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
13-57-102.
Definitions.
As used in this chapter:
(1) "Business entity" means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit.
(2) "Director" means the director of the Division of Consumer Protection.
(3) "Division" means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1.
(4) "Health care provider" means the same as that term is defined in Section 78B-3-403.
(5) "Individual" means a person who:
(a) resides in this state; and
(b) has or may have a pending legal action in this state.
(6) "Legal funding" means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action.
(7) "Maintenance funding agreement" means an agreement between an individual and a maintenance funding provider under which the maintenance funding provider provides legal funding to the individual.
(8)
(a) "Maintenance funding provider" means a business entity that engages in the business of legal funding.
(b) "Maintenance funding provider" does not include:
(i) an immediate family member of an individual;
(ii) an accountant providing accounting services to an individual; or
(iii) an attorney providing legal services to an individual.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 2 - Maintenance Funding Providers › Section 201 - Maintenance funding provider registration and registration renewal.

Effective 5/12/2020
13-57-201.
Maintenance funding provider registration and registration renewal.
(1) Except as provided in Subsection (4), a business entity may not act as a maintenance funding provider in this state without registering with the division.
(2) To register as a maintenance funding provider, a business entity shall submit to the division an application for registration:
(a) in the manner the division determines; and
(b) that includes:
(i) an application fee in an amount determined by the division in accordance with Sections 13-1-2 and 63J-1-504; and
(ii) anything else the division requires as established in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) Each year a maintenance funding provider shall renew the maintenance funding provider's registration by submitting to the division an application for registration renewal:
(a) in the manner the division determines; and
(b) that includes:
(i) an application fee in an amount determined by the division in accordance with Sections 13-1-2 and 63J-1-504; and
(ii) anything else the division requires as established in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) A business entity who acts as a maintenance funding provider in the state between May 12, 2019, and May 12, 2020, is permitted to continue to act as a maintenance funding provider:
(a) if the person:
(i) applies for registration in accordance with this section; and
(ii) complies with the requirements of this chapter; and
(b) until the division makes a determination regarding the person's application for registration under this section.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 2 - Maintenance Funding Providers › Section 202 - Maintenance funding provider operations.

Effective 5/12/2020
13-57-202.
Maintenance funding provider operations.
(1) A maintenance funding provider may only provide legal funding to an individual if the maintenance funding provider and the individual enter into a maintenance funding agreement that meets the requirements of Section 13-57-301.
(2) Before executing a maintenance funding agreement, a maintenance funding provider shall file with the division a template of the maintenance funding agreement.
(3) A maintenance funding provider may not:
(a) pay or offer to pay a commission, referral fee, or any other form of consideration to the following for referring an individual to the maintenance funding provider:
(i) an attorney authorized to practice law;
(ii) a health care provider; or
(iii) an employee, independent contractor, or other person affiliated with a person described in Subsection (3)(a)(i) or (ii);
(b) accept a commission, referral fee, or any other form of consideration from a person described in Subsection (3)(a) for referring an individual to the person;
(c) refer an individual or potential individual to a person described in Subsection (3)(a), unless the referral is to a local or state bar association referral service;
(d) intentionally advertise materially false or misleading information about the maintenance funding provider's services;
(e) make or attempt to influence a decision relating to the conduct, settlement, or resolution of a legal action for which the maintenance funding provider provides legal funding; or
(f) knowingly pay or offer to pay court costs, filing fees, or attorney fees using legal funding.
(4) A maintenance funding provider shall provide an individual who enters a maintenance funding agreement a copy of the executed maintenance funding agreement.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 2 - Maintenance Funding Providers › Section 203 - Annual reports.

Effective 5/12/2020
13-57-203.
Annual reports.
(1) On or before April 1 of each year, a maintenance funding provider registered in accordance with Section 13-57-201 shall file a report:
(a) under oath;
(b) with the director; and
(c) in a form the director prescribes.
(2) The report described in Subsection (1) shall include, for the preceding calendar year:
(a) the number of maintenance funding agreements entered into by the maintenance funding provider;
(b) the total dollar amount of legal funding the maintenance funding provider provided;
(c) the total dollar amount of charges under each maintenance funding agreement, itemized and including the annual rate of return;
(d) the total dollar amount and number of maintenance funding transactions in which the realized profit to the company was as contracted in the maintenance funding agreement;
(e) the total dollar amount and number of maintenance funding transactions in which the realized profit to the company was less than contracted; and
(f) any other information the director requires concerning the maintenance funding provider's business or operations in the state.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 3 - Maintenance Funding Agreements › Section 301 - Maintenance funding agreements.

Effective 5/12/2020
13-57-301.
Maintenance funding agreements.
(1) A maintenance funding agreement shall:
(a) be in writing;
(b) contain a right of rescission permitting the individual to cancel the agreement without penalty or further obligation, if the individual returns to the maintenance funding provider the full amount of the disbursed funds:
(i) within five business days after the day on which the individual and maintenance funding provider enter the agreement; and
(ii)
(A) in person by delivering the maintenance funding provider's uncashed check to the maintenance funding provider's office; or
(B) by insured, certified, or registered United States mail to the address specified in the maintenance funding agreement in the form of the maintenance funding provider's uncashed check or a registered or certified check or money order;
(c) contain the disclosures described in Section 13-57-302;
(d) include the amount of money the maintenance funding provider provides to the individual;
(e) include an itemization of one-time charges;
(f) include a payment schedule that:
(i) includes the funded amount and all charges; and
(ii) lists the total amount of any realized settlement, judgment, award, or verdict to be paid to the maintenance funding provider at the end of each six-month period, if the contract is satisfied during that period; and
(g) include a provision that the maintenance funding agreement includes no charge or fee other than the charges and fees disclosed in the maintenance funding agreement; and
(h) include a provision that:
(i) if there are no available proceeds from the legal action, the individual will owe the maintenance funding provider nothing; and
(ii) the maintenance funding provider's total charges will be paid only to the extent there are available proceeds from the legal action after the settlement of all liens, fees, and other costs.
(2) A maintenance funding agreement may not require an individual to make a payment to the maintenance funding provider in an amount determined as a percentage of the recovery from the legal action.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 3 - Maintenance Funding Agreements › Section 302 - Required disclosures.

Effective 5/12/2020
13-57-302.
Required disclosures.
A maintenance funding provider shall disclose in a maintenance funding agreement:
(1) that the maintenance funding provider may not participate in deciding whether, when, or the amount for which a legal action is settled;
(2) that the maintenance funding provider may not interfere with the independent professional judgment of the attorney handling the legal action or any settlement of the legal action;
(3) the following statement in substantially the following form, in all capital letters and at least a 12-point type: "THE FUNDED AMOUNT AND AGREED-TO CHARGES SHALL BE PAID ONLY FROM THE PROCEEDS OF YOUR LEGAL CLAIM, AND SHALL BE PAID ONLY TO THE EXTENT THAT THERE ARE AVAILABLE PROCEEDS FROM YOUR LEGAL CLAIM. YOU WILL NOT OWE (INSERT NAME OF THE MAINTENANCE FUNDING PROVIDER HERE) ANYTHING IF THERE ARE NO PROCEEDS FROM YOUR LEGAL CLAIM, UNLESS YOU HAVE VIOLATED A MATERIAL TERM OF THIS AGREEMENT OR YOU HAVE COMMITTED FRAUD AGAINST THE MAINTENANCE FUNDING PROVIDER.";
(4) in accordance with Section 13-57-301, the following statement in substantially the following form and at least a 12-point type: "CONSUMER'S RIGHT TO CANCELLATION: You may cancel this agreement without penalty or further obligation within five business days after the day on which you enter into this agreement with the maintenance funding provider if you either: 1. return to the maintenance funding provider the full amount of the disbursed funds by delivering the maintenance funding provider's uncashed check to the maintenance funding provider's office in person; or 2. send, by insured, certified, or registered United States mail, to the maintenance funding provider at the address specified in this agreement, a notice of cancellation and include in the mailing a return of the full amount of disbursed funds in the form of the maintenance funding provider's uncashed check or a registered or certified check or money order"; and
(5) immediately above the line for the individual's signature, the following statement in at least a 12-point type: "Do not sign this agreement before you read it completely or if it contains any blank spaces. You are entitled to a completed copy of the agreement. Before you sign this agreement, you should obtain the advice of an attorney. Depending on your circumstances, you may want to consult a tax, benefits planning, or financial professional."
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 4 - Division Duties › Section 401 - Rulemaking.

Effective 5/12/2020
13-57-401.
Rulemaking.
The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(1) establish an application process for a business entity to register with the division as a maintenance funding provider, in accordance with Section 13-57-201;
(2) establish a filing process for a maintenance funding provider to file a maintenance funding agreement with the division;
(3) establish a filing process for annual reports required under Section 13-57-203; and
(4) carry out the provisions of this chapter.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 4 - Division Duties › Section 402 - Public education regarding legal funding -- Reporting to Legislature.

Effective 5/12/2020
13-57-402.
Public education regarding legal funding -- Reporting to Legislature.
(1) The director shall help educate the general public regarding legal funding in the state by:
(a) analyzing and summarizing data maintenance funding providers submit under Section 13-57-203; and
(b) publishing the analysis and summary described in Subsection (1)(a) on the division's web page.
(2) Before October 1, 2022, the director shall report to the Business and Labor Interim Committee on the status of legal funding in the state and make any recommendation the director decides is necessary to improve the regulatory framework of legal funding, including a recommendation on whether to limit charges a maintenance funding provider may impose under a maintenance funding agreement.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 5 - Miscellaneous › Section 501 - Enforceability.

Effective 5/12/2020
13-57-501.
Enforceability.
If a maintenance funding provider violates a provision of this chapter, a maintenance funding agreement associated with the violation is unenforceable by the maintenance funding provider or any successor-in-interest to the maintenance funding agreement.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 5 - Miscellaneous › Section 502 - Penalties -- Enforcement.

Effective 5/12/2020
13-57-502.
Penalties -- Enforcement.
(1) After notice and an opportunity for an administrative hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may, in addition to exercising the division's enforcement powers under Section 13-2-6, enforce the provisions of this chapter by:
(a) revoking or suspending a maintenance funding provider's registration;
(b) ordering a maintenance funding provider to cease and desist from further legal funding;
(c) imposing a penalty of up to:
(i) $1,000 per violation; or
(ii) $10,000 per violation that the division finds willful; or
(d) ordering the maintenance funding provider to make restitution to an individual.
(2) The division's enforcement powers under this section and Section 13-2-6 do not affect an individual's legal claim against a maintenance funding provider.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 57 - Maintenance Funding Practices Act › Part 5 - Miscellaneous › Section 503 - Applicability.

Effective 5/12/2020
13-57-503.
Applicability.
The requirements of this chapter for a maintenance funding provider do not apply to:
(1) a bank while in the course of conducting a banking business as described in Section 7-3-1;
(2) a deferred deposit lender, as defined in Section 7-23-102, while engaged in the business of deferred deposit lending;
(3) a title lender, as defined in Section 7-24-102, while engaged in the business of extending a title loan; or
(4) a creditor, as defined in Section 70C-1-302, subject to the provisions of Title 70C, Utah Consumer Credit Code.
Enacted by Chapter 118, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 58 - Motorboat Agreements Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/5/2021
13-58-102.
Definitions.
As used in this chapter:
(1) "Agreement" means an agreement between:
(a) a motorboat dealer; and
(b)
(i) a manufacturer; or
(ii) a distributor.
(2) "Distributor" means a person who:
(a) has an agreement with a manufacturer of motorboats to distribute motorboats within this state; and
(b) in whole or in part sells or distributes motorboats to motorboat dealers.
(3) "Manufacturer" means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new motorboats for the purpose of sale or trade.
(4) "Motorboat" means the same as that term is defined in Section 73-18-2.
(5) "Motorboat dealer" means a person who:
(a) is engaged in the business of buying, selling, offering for sale, or exchanging new motorboats either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise; and
(b) has established in this state a place of business for the sale, lease, trade, or display of new motorboats.
Enacted by Chapter 185, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 58 - Motorboat Agreements Act › Part 2 - Agreements › Section 201 - Agreement requirement -- Terms of agreements.

Effective 5/5/2021
13-58-201.
Agreement requirement -- Terms of agreements.
(1) A person may not act as a motorboat dealer in this state without entering into an agreement.
(2) An agreement shall include:
(a) each working capital standard, inventory standard, facility standard, equipment standard, and tool standard, if any, including each agreed upon minimum product stocking requirement;
(b) provisions for termination or nonrenewal of the agreement;
(c) the designation of a successor motorboat dealer in the event of the motorboat dealer's death or disability;
(d) the obligations of the manufacturer, distributor, and motorboat dealer in the preparation and delivery of, and warranty service on, new motorboats and new motorboat motors;
(e) the obligations of the manufacturer, distributor, and new motorboat dealer upon termination of the agreement, including obligations in relation to:
(i) inventory of new motorboats;
(ii) inventory of new motorboat motors;
(iii) inventory of parts;
(iv) equipment;
(v) furnishings;
(vi) special tools; and
(vii) required signs;
(f) each standard for maintenance of:
(i) a dedicated or self-funded line of credit, if any; and
(ii) a trade-in line of credit or self-funded trade-in line of credit, if any; and
(g) dispute resolution procedures.
Enacted by Chapter 185, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 58 - Motorboat Agreements Act › Part 3 - Default › Section 301 - Motorboat dealer default.

Effective 5/5/2021
13-58-301.
Motorboat dealer default.
A motorboat dealer defaults on an agreement if the motorboat dealer:
(1) materially fails to:
(a) meet minimum product stocking requirements as specified under the agreement;
(b) make timely payment of a material obligation as specified under the agreement; or
(c) meet an applicable standard, as specified by the agreement, for:
(i) a dedicated or self-funded line of credit; or
(ii) a trade-in or self-funded trade-in line of credit; or
(2) markets the manufacturer's motorboats outside of the motorboat dealer's territory in violation of the agreement.
Enacted by Chapter 185, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 58 - Motorboat Agreements Act › Part 3 - Default › Section 302 - Cure of default.

Effective 5/4/2022
13-58-302.
Cure of default.
(1) If a motorboat dealer defaults as described in Section 13-58-301, the manufacturer or distributor who is part of the agreement shall:
(a) give the dealer written notice of the dealer's default; and
(b) allow the dealer to cure the default within the period described in Subsection (2).
(2) A motorboat dealer may cure a default no later than:
(a) 30 days after the day on which the dealer receives the notice described in Subsection (1), if the dealer defaulted as described in Subsection 13-58-301(1)(b) or (2);
(b) 60 days after the day on which the dealer receives the notice described in Subsection (1), if the dealer defaulted as described in Subsection 13-58-301(1)(a); and
(c) 160 days after the day on which the dealer receives the notice described in Subsection (1), if the dealer defaulted as described in Subsection 13-58-301(1)(c).
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 58 - Motorboat Agreements Act › Part 4 - Termination or Nonrenewal of Agreements › Section 402 - Termination without time to cure.

Effective 5/5/2021
13-58-402.
Termination without time to cure.
A manufacturer or distributor may terminate an agreement with a motorboat dealer upon written notice and without a cure period described in Section 13-58-302, if:
(1) the motorboat dealer:
(a) financially defaults to the manufacturer, the distributor, or a financing source;
(b) becomes subject to an order for relief, as defined in 11 U.S.C. Sec. 102;
(c) files a voluntary petition in bankruptcy;
(d) has had an involuntary petition in bankruptcy filed against the motorboat dealer;
(e) engages in an act of material fraud in relation to the performance of a right or obligation under the agreement;
(f) is a corporation that ceases to exist;
(g) becomes insolvent;
(h) takes or fails to take an action that constitutes an admission of inability to pay debts as the debts mature;
(i) makes a general assignment for the benefit of creditors to an agent authorized to liquidate any substantial amount of assets;
(j) applies to a court for the appointment of a receiver for any assets or properties;
(k) fails to substantially comply with a federal, state, or local law, rule, regulation, ordinance, or order applicable to the agreement;
(l) receives three valid notices of a default under Section 13-58-302 for the same default within a 12-month period, regardless of whether the dealer cures the default;
(m) transfers an interest in the dealership without the manufacturer's written consent;
(n) has pleaded guilty to or has been convicted of a felony, or of any misdemeanor relating to the relationship between the motorboat dealer and manufacturer;
(o) or one of the owners of the motorboat dealer is convicted or enters a plea of nolo contendere to a felony; or
(p) makes a material misrepresentation;
(2) there is a closeout or sale of a substantial part of the dealer's assets related to the motorboat dealership;
(3) there is a commencement or dissolution or liquidation of the motorboat dealership;
(4) there is a change without the prior written approval of the manufacturer in the location of the motorboat dealer's principal place of business under the dealership agreement; or
(5) the motorboat dealer's license is suspended, revoked, or is not renewed.
Enacted by Chapter 185, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 59 - Health Care Consumer Protection Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/5/2021
13-59-101.
Title.
This chapter is known as the "Health Care Consumer Protection Act."
Enacted by Chapter 138, 2021 General Session
Technically renumbered to avoid duplication of section number also enacted in HB314, Chapter 185, and SB227, Chapter 361.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 59 - Health Care Consumer Protection Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
13-59-102.
Definitions.
As used in this chapter:
(1) "Enrollee" means the same as that term is defined in Section 31A-1-301.
(2) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
(3) "Health care provider" means a person licensed to provide health care under:
(a)Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; or
(b)Title 58, Occupations and Professions.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 59 - Health Care Consumer Protection Act › Part 2 - Consumer Protection Violations › Section 201 - Misrepresentation of health insurance coverage.

Effective 5/5/2021
13-59-201.
Misrepresentation of health insurance coverage.
(1) A health care provider or a health care provider's representative may not represent to an enrollee that the health care provider is a contracted provider under the enrollee's health benefit plan if the health care provider is not a contracted provider under the enrollee's health benefit plan.
(2) A knowing or intentional violation of Subsection (1) is a deceptive act or practice under Section 13-11-4.
Enacted by Chapter 138, 2021 General Session
Technically renumbered to avoid duplication of section number also enacted in HB314, Chapter 185, and SB227, Chapter 361.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 1 - Genetic Information Privacy Act › Section 101 - Title.

Effective 5/5/2021
13-60-101.
Title.
This chapter is known as the "Genetic Information Privacy Act."
Enacted by Chapter 361, 2021 General Session
Technically renumbered to avoid duplication of section number also enacted in HB314, Chapter 185, and HB202, Chapter 138.
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 1 - Genetic Information Privacy Act › Section 102 - Definitions.

Effective 5/3/2023
13-60-102.
Definitions.
As used in this part:
(1) "Biological sample" means any human material known to contain DNA, including tissue, blood, urine, or saliva.
(2) "Consumer" means an individual who is a resident of the state.
(3) "Deidentified data" means data that:
(a) cannot reasonably be linked to an identifiable individual; and
(b) possessed by a company that:
(i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
(ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
(iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data.
(4) "Direct-to-consumer genetic testing company" or "company" means an entity that:
(a) offers consumer genetic testing products or services directly to consumers; or
(b) collects, uses, or analyzes genetic data that a consumer provides to the entity.
(5) "DNA" means deoxyribonucleic acid.
(6) "Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose.
(7)
(a) "Genetic data" means any data, regardless of format, concerning a consumer's genetic characteristics.
(b) "Genetic data" includes:
(i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
(ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and
(iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company:
(A) uses for scientific research or product development; and
(B) analyzes in connection with the consumer's raw sequence data.
(c) "Genetic data" does not include deidentified data.
(8) "Genetic testing" means:
(a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
(b) an interpretation of a consumer's genetic data.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 1 - Genetic Information Privacy Act › Section 103 - Limitations.

Effective 5/3/2023
13-60-103.
Limitations.
This part does not apply to:
(1) protected health information that is collected by a covered entity or business associate as those terms are defined in 45 C.F.R. Parts 160 and 164;
(2) a public or private institution of higher education; or
(3) an entity owned or operated by a public or private institution of higher education.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 1 - Genetic Information Privacy Act › Section 104 - Consumer genetic information -- Privacy notice -- Consent -- Access -- Deletion -- Destruction.

Effective 5/3/2023
13-60-104.
Consumer genetic information -- Privacy notice -- Consent -- Access -- Deletion -- Destruction.
(1) A direct-to-consumer genetic testing company shall:
(a) provide to a consumer:
(i) essential information about the company's collection, use, and disclosure of genetic data; and
(ii) a prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices;
(b) obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data that:
(i) clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service;
(ii) specifies who has access to test results; and
(iii) specifies how the company may share the genetic data;
(c) if the company engages in any of the following, obtain a consumer's:
(i) separate express consent for:
(A) the transfer or disclosure of the consumer's genetic data to any person other than the company's vendors and service providers;
(B) the use of genetic data beyond the primary purpose of the company's genetic testing product or service; or
(C) the company's retention of any biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer;
(ii) informed consent in accordance with the Federal Policy for the Protection of Human Subjects, 45 C.F.R. Part 46, for transfer or disclosure of the consumer's genetic data to a third party for:
(A) research purposes; or
(B) research conducted under the control of the company for the purpose of publication or generalizable knowledge; and
(iii) express consent for:
(A) marketing to a consumer based on the consumer's genetic data; or
(B) marketing by a third party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service;
(d) require valid legal process for the company's disclosure of a consumer's genetic data to law enforcement or any government entity without the consumer's express written consent;
(e) develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure; and
(f) provide a process for a consumer to:
(i) access the consumer's genetic data;
(ii) delete the consumer's account and genetic data; and
(iii) destroy the consumer's biological sample.
(2) Notwithstanding Subsection (1)(c)(iii), a direct-to-consumer genetic testing company with a first-party relationship to a consumer may, without obtaining the consumer's express consent, provide customized content or offers on the company's website or through the company's application or service.
Renumbered and Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 1 - Genetic Information Privacy Act › Section 105 - Prohibited disclosures.

Effective 5/3/2023
13-60-105.
Prohibited disclosures.
A direct-to-consumer genetic testing company may not disclose a consumer's genetic data without the consumer's written consent to:
(1) an entity that offers health insurance, life insurance, or long-term care insurance; or
(2) an employer of the consumer.
Renumbered and Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 1 - Genetic Information Privacy Act › Section 106 - Enforcement powers of the attorney general.

Effective 5/3/2023
13-60-106.
Enforcement powers of the attorney general.
(1) The attorney general may enforce this part.
(2) The attorney general may initiate a civil enforcement action against a person for violating this part.
(3) In an action to enforce this part, the attorney general may recover:
(a) actual damages to the consumer;
(b) costs;
(c) attorney fees; and
(d) $2,500 for each violation of this part.
Renumbered and Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 2 - Genetic Testing and Procedure Privacy Act › Section 203 - Definitions.

Effective 5/3/2023
13-60-203.
Definitions.
As used in this part:
(1) "Blood relative" means an individual's biologically related:
(a) parent;
(b) grandparent;
(c) child;
(d) grandchild;
(e) sibling;
(f) uncle;
(g) aunt;
(h) nephew;
(i) niece; or
(j) first cousin.
(2) "DNA" means:
(a) deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis; or
(b) proteins, enzymes, or other molecules associated with a genetic process, which may be modified, replaced in part or whole, superseded, or bypassed in function by a health or medical procedure.
(3) "DNA sample" means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen.
(4) "Employer" means the same as that term is defined in Section 34A-2-103.
(5)
(a) "Genetic analysis" or "genetic test" means the testing, detection, or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers.
(b) "Genetic analysis" or "genetic test" does not mean:
(i) a routine physical examination;
(ii) a routine chemical, blood, or urine analysis;
(iii) a test to identify the presence of drugs or HIV infection; or
(iv) a test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder.
(6) "Genetic procedure" means any therapy, treatment, or medical procedure that is intended to:
(a) add, remove, alter, activate, change, or cause mutation in an individual's inherited DNA; or
(b) replace, supersede, or bypass a normal DNA function.
(7) "Health care insurance" means the same as that term is defined in Section 31A-1-301.
(8)
(a) "Private genetic information" means any information about an identifiable individual that:
(i) is derived from:
(A) the presence, absence, alteration, or mutation of an inherited gene or genes; or
(B) the presence or absence of a specific DNA marker or markers; and
(ii) has been obtained:
(A) from a genetic test or analysis of the individual's DNA;
(B) from a genetic test or analysis of the DNA of a blood relative of the individual; or
(C) from a genetic procedure.
(b) "Private genetic information" does not include information that is derived from:
(i) a routine physical examination;
(ii) a routine chemical, blood, or urine analysis;
(iii) a test to identify the presence of drugs or HIV infection; or
(iv) a test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder.
Renumbered and Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 2 - Genetic Testing and Procedure Privacy Act › Section 204 - Restrictions on employers.

Effective 5/3/2023
13-60-204.
Restrictions on employers.
(1) Except as provided in Subsection (2), an employer may not in connection with a hiring, promotion, retention, or other related decision:
(a) access or otherwise take into consideration private genetic information about an individual;
(b) request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual;
(c) request or require an individual or the individual's blood relative to submit to:
(i) a genetic test; or
(ii) a genetic procedure; or
(d) inquire into or otherwise take into consideration the fact that an individual or the individual's blood relative has:
(i) taken or refused to take a genetic test; or
(ii) undergone or refused to undergo a genetic procedure.
(2)
(a) Notwithstanding Subsection (1), an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to Subsection (2)(b) in connection with:
(i) an employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or
(ii) an employment-related decision in which the employer has a reasonable basis to believe that the individual's health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.
(b)
(i) An order compelling the disclosure of private genetic information pursuant to this Subsection (2) may only be entered upon a finding that:
(A) other ways of obtaining the private information are not available or would not be effective; and
(B) there is a compelling need for the private genetic information which substantially outweighs the potential harm to the privacy interests of the individual.
(ii) An order compelling the disclosure of private genetic information pursuant to this Subsection (2) shall:
(A) limit disclosure to those parts of the record containing information essential to fulfill the objective of the order;
(B) limit disclosure to those persons whose need for the information is the basis of the order; and
(C) include such other measures as may be necessary to limit disclosure for the protection of the individual.
Renumbered and Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 60 - Genetic Information Privacy Act › Part 2 - Genetic Testing and Procedure Privacy Act › Section 206 - Private right of action.

Effective 5/3/2023
13-60-206.
Private right of action.
(1)
(a) An individual whose legal rights arising under this part have been violated after June 30, 2003, may recover damages and be granted equitable relief in a civil action.
(b) Subsection (1)(a) does not create a legal right prior to the Legislature enacting the right under this part.
(2) Any insurance company or employer who violates the legal rights of an individual arising from this part shall be liable to the individual for each separate violation in an amount equal to:
(a) actual damages sustained as a result of the violation;
(b)
(i) $100,000 if the violation is the result of an intentional and willful act; or
(ii) punitive damages if the violation is the result of a malicious act; and
(c) reasonable attorneys' fees.
Renumbered and Amended by Chapter 327, 2023 General Session