reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 5 - Powers of director.

13-2-5.
Powers of director.
The director has authority to:
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, issue rules to administer and enforce the chapters listed in Section 13-2-1;
(2) investigate the activities of any business governed by the laws administered and enforced by the division;
(3) take administrative and judicial action against persons in violation of the division rules and the laws administered and enforced by it, including the issuance of cease and desist orders;
(4) coordinate, cooperate, and assist with business and industry desiring or attempting to correct unfair business practices between competitors;
(5) provide consumer information and education to the public and assist any organization providing such services; and
(6) coordinate with, assist, and utilize the assistance of federal, state, and local agencies in the performance of the director's duties and the protection of the public.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 7 - Violation of restraining or injunctive order -- Civil penalty.

13-2-7.
Violation of restraining or injunctive order -- Civil penalty.
If any restraining order, any chapter administered by the division, or injunction granted under this chapter is violated, the division may submit a motion for, or the court on its own motion, may impose a civil penalty of not more than $2,000 for each day a temporary restraining order, preliminary injunction or permanent injunction issued under this chapter is violated, if the party has received notice of the restraining or injunctive order.
Amended by Chapter 177, 1994 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 8 - Consumer Protection Education and Training Fund.

Effective 5/3/2023
13-2-8.
Consumer Protection Education and Training Fund.
(1) There is created an expendable special revenue fund known as the "Consumer Protection Education and Training Fund."
(2)
(a) Unless otherwise provided by a chapter listed in Section 13-2-1, all money not distributed as consumer restitution that is received by the division from administrative fines and settlements, from criminal restitution, or from civil damages, forfeitures, penalties, and settlements when the division receives the money on its own behalf and not in a representative capacity, shall be deposited into the fund.
(b) Any portion of the fund may be maintained in an interest-bearing account.
(c) All interest earned on fund money shall be deposited into the fund.
(3) Notwithstanding Title 63J, Chapter 1, Budgetary Procedures Act, the division may use the fund with the approval of the executive director of the Department of Commerce in a manner consistent with the duties of the division under this chapter for:
(a) consumer protection education for members of the public;
(b) equipment for and training of division personnel;
(c) publication of consumer protection brochures, laws, policy statements, or other material relevant to the division's enforcement efforts; and
(d) investigation and litigation undertaken by the division.
(4) If the balance in the fund exceeds $1,000,000 at the close of any fiscal year, the excess shall be transferred to the General Fund.
Amended by Chapter 375, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 9 - Internet -- Consumer education.

13-2-9.
Internet -- Consumer education.
(1) The Division of Consumer Protection shall, subject to appropriation, contract with a person to make public service announcements advising consumers about the dangers of using the Internet, especially:
(a) material harmful to minors;
(b) steps a consumer may take to learn more about the dangers of using the Internet;
(c) information about how a service provider can help a consumer learn more about the dangers of using the Internet, including the service provider's duties created by this bill; and
(d) how a consumer can monitor the Internet usage of family members.
(2) Money appropriated under Subsection (1) shall be paid by the Division of Consumer Protection to a person only if:
(a) the person is a nonprofit organization; and
(b) the person agrees to spend private money amounting to two times the amount of money provided by the Division of Consumer Protection during each fiscal year in accordance with Subsection (1).
(3) In administering any money appropriated for use under this section, the Division of Consumer Protection shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 2 - Division of Consumer Protection › Section 10 - Social credit score reporting system -- Rulemaking -- Referral to other agencies.

Effective 5/3/2023
13-2-10.
Social credit score reporting system -- Rulemaking -- Referral to other agencies.
(1) As used in this section:
(a) "Division" means the Division of Consumer Protection.
(b) "Financial institution" means the same as that term is defined in Section 7-1-103.
(c) "Social credit score" means the same as that term is defined in Section 63G-29-101.
(2) The division shall:
(a) establish and operate a system to receive consumer reports regarding a financial institution's or company's use or creation of a social credit score; and
(b) before November 1 of each year, submit a written report to the Business and Labor Interim Committee that summarizes the reports received during the immediately preceding year that indicate a financial institution or company used a social credit score to discriminate against, advocate for, or cause adverse or preferential treatment of a person.
(3) The division may:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish and operate the system described in Subsection (2); and
(b) as appropriate, refer a consumer who provides a report through the system described in Subsection (2) to the Department of Financial Institutions or another agency for investigation of the report or other action.
Enacted by Chapter 76, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 5a - Unfair Competition Act › Section 102 - Definitions.

13-5a-102.
Definitions.
As used in this chapter:
(1) "Control" means:
(a) ownership of more than 5% of the voting shares or ownership interests of an entity;
(b) the power to vote more than 5% of the voting shares of an entity; or
(c) the ability to influence the management of an entity.
(2) "Depository institution" is as defined in Section 7-1-103.
(3) "Malicious cyber activity" means:
(a) the unlawful use of computing resources to intimidate or coerce others;
(b) accessing a computer without authorization or exceeding authorized access;
(c) willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access; and
(d) intentionally or recklessly:
(i) intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or
(ii) intends to materially cause damage or disruption to any computing resources indirectly through another party's computing resources.
(4)
(a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that:
(i)
(A) is unlawful, unfair, or fraudulent; and
(B) leads to a material diminution in value of intellectual property; and
(ii) is one of the following:
(A) malicious cyber activity;
(B) infringement of a patent, trademark, or trade name;
(C) a software license violation; or
(D) predatory hiring practices.
(b) Notwithstanding Subsection (4)(a), "unfair competition" does not include the departure and hiring of an employee by a competitor.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 5a - Unfair Competition Act › Section 103 - Private action for unfair competition.

13-5a-103.
Private action for unfair competition.
(1)
(a) Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition.
(b) In an action under this Subsection (1), a person injured by unfair competition may recover:
(i) actual damages;
(ii) costs and attorney fees; and
(iii) if the court determines that the circumstances are appropriate, punitive damages.
(2) A person may not bring an action described in Subsection (1) against:
(a) a depository institution; or
(b) an entity that:
(i) controls a depository institution;
(ii) is controlled by an entity that controls a depository institution; or
(iii) is controlled by a depository institution.
Enacted by Chapter 372, 2004 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 5b - Integrated Health System Fair Practices Act › Section 102 - Definitions.

13-5b-102.
Definitions.
For purposes of this chapter:
(1) "Affiliate" means an organization that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with another organization.
(2) "Integrated health system" means an organization that directly, or through an affiliate or subsidiary:
(a) owns and operates one or more hospitals in the state; and
(b) offers health insurance to residents of the state.
(3) "Subsidiary" means an affiliate controlled:
(a) by a specified person;
(b) directly or indirectly; and
(c) through one or more intermediaries.
Enacted by Chapter 172, 2007 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 5b - Integrated Health System Fair Practices Act › Section 103 - Contract negotiation standards.

Effective 5/3/2023
13-5b-103.
Contract negotiation standards.
(1) An integrated health system shall prohibit any employee or independent contractor of any division, subsidiary, or affiliate engaged in the business of health insurance from negotiating contracts on behalf of the integrated health care system's health care facilities, subject to licensing under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, with any other licensed health insurer in the state.
(2) An integrated health system shall prohibit the disclosure of contract pricing terms between the integrated health care system's health care facilities and other health insurers with the integrated health care system's divisions, subsidiaries, or affiliates which are engaged in the business of health insurance.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 7 - Civil Rights › Section 1 - Policy and purposes of act.

Effective 5/8/2018
13-7-1.
Policy and purposes of act.
It is hereby declared that the practice of discrimination on the basis of race, color, sex, pregnancy, religion, ancestry, or national origin in business establishments or places of public accommodation or in enterprises regulated by the state endangers the health, safety, and general welfare of this state and its inhabitants; and that such discrimination in business establishments or places of public accommodation or in enterprises regulated by the state, violates the public policy of this state. It is the purpose of this act to assure all citizens full and equal availability of all goods, services and facilities offered by business establishments and places of public accommodation and enterprises regulated by the state without discrimination because of race, color, sex, pregnancy, religion, ancestry, or national origin. The rules of common law that statutes in derogation thereof shall be strictly construed has no application to this act. This act shall be liberally construed with a view to promote the policy and purposes of the act and to promote justice. The remedies provided herein are not exclusive but are in addition to any other remedies available at law or equity.
Amended by Chapter 130, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 7 - Civil Rights › Section 2 - Definitions.

Effective 5/8/2018
13-7-2.
Definitions.
As used in this chapter:
(1) "Enterprise regulated by the state" means:
(a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;
(b) a place of business that sells an alcoholic product at retail as provided in Title 32B, Alcoholic Beverage Control Act;
(c) an insurer regulated by Title 31A, Insurance Code; and
(d) a public utility subject to regulation under Title 54, Public Utilities.
(2) "Person" includes an individual, partnership, association, organization, corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver, and other organized groups of persons.
(3)
(a) "Place of public accommodation" includes:
(i) every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, except, an establishment that is:
(A) located within a building that contains not more than five rooms for rent or hire; and
(B) actually occupied by the proprietor of the establishment as the proprietor's residence; and
(ii) a place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support.
(b) "Place of public accommodation" does not include an institution, church, apartment house, club, or place of accommodation that is in nature distinctly private except to the extent that the institution, church, apartment house, club, or place of accommodation is open to the public.
(4) "Pregnancy" includes pregnancy or a pregnancy-related condition.
(5) "Pregnancy-related condition" includes breastfeeding, lactation, or a medical condition related to breastfeeding.
Amended by Chapter 130, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 7 - Civil Rights › Section 3 - Equal right in business establishments, places of public accommodation, and enterprises regulated by the state.

Effective 5/8/2018
13-7-3.
Equal right in business establishments, places of public accommodation, and enterprises regulated by the state.
All persons within the jurisdiction of this state are free and equal and are entitled to full and equal accommodations, advantages, facilities, privileges, goods and services in all business establishments and in all places of public accommodation, and by all enterprises regulated by the state of every kind whatsoever, without discrimination on the basis of race, color, sex, pregnancy, religion, ancestry or national origin. Nothing in this act shall be construed to deny any person the right to regulate the operation of a business establishment or place of public accommodation or an enterprise regulated by the state in a manner which applies uniformly to all persons without regard to race, color, sex, pregnancy, religion, ancestry, or national origin; or to deny any religious organization the right to regulate the operation and procedures of its establishments.
Amended by Chapter 130, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 7 - Civil Rights › Section 4 - Business establishment, place of public accommodation, or enterprise regulated by the state denying rights deemed public nuisance -- Investigation and conciliation -- Action to enjoin -- Civil action for damages -- Expenses of defending action.

13-7-4.
Business establishment, place of public accommodation, or enterprise regulated by the state denying rights deemed public nuisance -- Investigation and conciliation -- Action to enjoin -- Civil action for damages -- Expenses of defending action.
Any business establishment or place of public accommodation or enterprise regulated by the state in which a violation of the rights provided in Section 13-7-3 of this chapter occurs is a public nuisance. The operator of any such business establishment or place of public accommodation or enterprise regulated by the state is guilty of maintaining a public nuisance and may be enjoined as hereinafter provided.
(1) Upon application to the attorney general by any person denied the rights guaranteed by Section 13-7-3, the attorney general shall investigate and seek to conciliate the matter.
(2) An action to enjoin any nuisance defined in this section may be brought in the name of the state of Utah by the attorney general. Upon the trial of the cause, on finding that the material allegations of the complaint are true, the court shall order such nuisance to be abated, and enjoin all persons from maintaining or permitting such nuisance. When any injunction as herein provided has been granted it shall be binding upon the defendant and shall act as an injunction in personam against the defendant throughout the state.
(3) Any person who is denied the rights provided for in Section 13-7-3 shall have a civil action for damages and any other remedy available in law or equity against any person who denies him the rights provided for in Section 13-7-3 or who aids, incites or conspires to bring about such denial.
(4) Any business establishment or place of public accommodation or enterprises regulated by the state charged with maintaining a public nuisance in violation of this chapter, which is determined or found not to be in violation of this chapter, may be awarded all actual and necessary expenses incurred in defending such action, as determined and approved by the court having jurisdiction of the matter.
Amended by Chapter 10, 1997 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 7 - Civil Rights › Section 5 - Equal right in business establishments, places of public accommodation, and enterprises regulated by the state regardless of immunity status.

Effective 5/3/2023
13-7-5.
Equal right in business establishments, places of public accommodation, and enterprises regulated by the state regardless of immunity status.
(1) As used in this section, "immunity status" means an indication of whether an individual is immune to a disease, whether through vaccination or infection and recovery.
(2) All persons within the jurisdiction of this state are free and equal and are entitled to full and equal accommodations, advantages, facilities, privileges, goods, and services in all business establishments and in all places of public accommodation, and by all enterprises regulated by the state of every kind whatsoever, without discrimination on the basis of immunity status.
(3) Nothing in this section shall be construed to deny any person the right to regulate the operation of a business establishment or place of public accommodation or an enterprise regulated by the state in a manner which applies uniformly to all persons without regard to immunity status, or to deny any religious organization the right to regulate the operation and procedures of the religious organization's establishments.
(4)
(a) The provisions in Section 13-7-4 shall apply to enforcement and violations of this section.
(b) Upon application to the attorney general by any person denied the rights guaranteed by this section, the attorney general shall investigate and seek to conciliate the matter.
Enacted by Chapter 275, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 7a - Breastfeeding Protection Act › Section 102 - Definitions.

Effective 5/8/2018
13-7a-102.
Definitions.
As used in this chapter:
(1) "Breastfeeding" means the act of a woman breastfeeding a child.
(2) "Breastfeeding" includes lactation.
Enacted by Chapter 130, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 7a - Breastfeeding Protection Act › Section 103 - Breastfeeding location and conduct.

Effective 5/8/2018
13-7a-103.
Breastfeeding location and conduct.
A woman may breastfeed in any place of public accommodation, as defined in Section 13-7-2.
Enacted by Chapter 130, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 8 - Unenforceable Agreements › Section 1 - Construction industry -- Agreements to indemnify.

13-8-1.
Construction industry -- Agreements to indemnify.
(1) For purposes of this section:
(a) "Construction contract" means a contract or agreement relative to the design, construction, alteration, repair, or maintenance of a building, structure, highway, appurtenance, appliance, or other improvement to real property, including moving, demolition, or excavating, connected to the construction contract between:
(i) a construction manager;
(ii) a general contractor;
(iii) a subcontractor;
(iv) a sub-subcontractor;
(v) a supplier; or
(vi) any combination of persons listed in Subsections (1)(a)(i) through (v).
(b) "Indemnification provision" means a covenant, promise, agreement or understanding in, in connection with, or collateral to a construction contract requiring the promisor to insure, hold harmless, indemnify, or defend the promisee or others against liability if:
(i) the damages arise out of:
(A) bodily injury to a person;
(B) damage to property; or
(C) economic loss; and
(ii) the damages are caused by or resulting from the fault of the promisee, indemnitee, others, or their agents or employees.
(2) Except as provided in Subsection (3), an indemnification provision in a construction contract is against public policy and is void and unenforceable.
(3) When an indemnification provision is included in a contract related to a construction project between an owner and party listed in Subsection (1)(a), in any action for damages described in Subsection (1)(b)(i), the fault of the owner shall be apportioned among the parties listed in Subsection (1)(a) pro rata based on the proportional share of fault of each of the parties listed in Subsection (1)(a), if:
(a) the damages are caused in part by the owner; and
(b) the cause of the damages defined in Subsection (1)(b)(i) did not arise at the time and during the phase of the project when the owner was operating as a party defined in Subsection (1)(a).
(4) This section may not be construed to affect or impair the obligations of contracts or agreements, that are in existence at the time this section or any amendment to this section becomes effective.
Amended by Chapter 113, 1997 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 8 - Unenforceable Agreements › Section 2 - Contractual limitations of liability arising from services of design professionals prohibited.

13-8-2.
Contractual limitations of liability arising from services of design professionals prohibited.
(1) As used in this section:
(a) "Agreement" means a contract, promise, covenant, or understanding.
(b) "Contractor" means any person engaged by an owner to develop or assist in the development of the owner's land.
(c) "Design professional" means an architect, engineer, or land surveyor. It includes any other person who, for a fee or other compensation, performs services similar to the services of an architect, engineer, or land surveyor in connection with the development of land.
(d) "Development" means the construction, alteration, repair, maintenance, or improvement of land, including any related moving, demolition, or excavation.
(e) "Land" means any real property, including any building, fixture, improvement, appurtenance, structure, road, highway, or other development.
(f) "Liability" includes liability arising by contract, indemnity, contribution, tort, or otherwise.
(g) "Owner" means the holder of any legal or equitable title or interest in property.
(h) "Subcontractor" means any person engaged by a contractor to develop or assist in the development of land.
(2) An agreement between an owner and a contractor may not limit the owner's or a design professional's liability to the contractor for any claim arising from services performed by the design professional in connection with the development of land. This subsection does not apply if the owner and the contractor are the same person or entity or are controlled by the same person or entity.
(3) An agreement between a contractor and a subcontractor may not limit the owner's or a design professional's liability to the subcontractor for any claim arising from services performed by the design professional in connection with the development of land.
(4) This section does not apply if the design professional is retained under a single contract to perform both the design and the construction of the project, such as in a design-build or turn-key project.
(5) This section may not be construed to affect any limitation of a design professional's liability to an owner or other design professional that may exist in an agreement between the owner and the design professional or between design professionals.
(6) This section does not affect or impair the obligations of agreements in existence as of May 1, 1988.
Enacted by Chapter 129, 1988 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 8 - Unenforceable Agreements › Section 3 - Construction contracts and purchase orders -- Venue.

13-8-3.
Construction contracts and purchase orders -- Venue.
(1) As used in this section, "construction agreement" means a construction contract, subcontract, or purchase order for the design, construction, installation, or repair of an improvement to real property between a:
(a) construction manager;
(b) general contractor;
(c) subcontractor;
(d) sub-subcontractor;
(e) supplier; or
(f) any combination of the persons described under Subsections (1)(a) through (e).
(2) A provision in a construction agreement requiring a dispute arising under the agreement to be resolved in a forum outside of this state is void and unenforceable as against the public policy of this state if:
(a) one of the parties to the agreement is domiciled in this state; and
(b) work to be done and the equipment and materials to be supplied under the agreement involves a construction project in this state.
(3) This section applies to a construction agreement executed, renewed, or materially modified on or after May 5, 1997.
Enacted by Chapter 60, 1997 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 8 - Unenforceable Agreements › Section 4 - Obligation to pay under construction contracts -- Rights of parties under contingent payment provisions.

13-8-4.
Obligation to pay under construction contracts -- Rights of parties under contingent payment provisions.
(1) For purposes of this section:
(a) "Construction contract" means a contract or agreement to provide services, labor, or materials for the design, construction, installation, or repair of an improvement to real property located in Utah.
(b) "Contingent payment contract" means a construction contract between a contractor and a subcontractor that makes a payment from the contractor to the subcontractor contingent on the contractor receiving a corresponding payment from any other public or private party, including a private owner.
(c) "Contractor" means a person who is or may be awarded a contract for the construction, alteration, or repair of any building, structure, or improvement to real property.
(d) "Subcontractor" means any person engaged by a contractor to provide services, labor, or materials for the design, construction, installation, or repair of an improvement to real property and includes a trade contractor or specialty contractor.
(2) A party to a construction contract shall make all scheduled payments under the terms of the construction contract.
(3)
(a) The existence of a contingent payment contract is not a defense to a claim to enforce a preconstruction or construction lien under Title 38, Chapter 1a, Preconstruction and Construction Liens.
(b) Subsection (3) does not apply to contracts for private construction work for the building, improvement, repair, or remodeling of residential property consisting of four units or less.
(4) If a construction contract is a contingent payment contract:
(a) the subcontractor may request from the contractor the financial information that the contractor has received from the public or private party regarding:
(i) the project financing; and
(ii) the public or private party; and
(b) if information is requested by the subcontractor under Subsection (4)(a), the contractor shall provide the information prior to the subcontractor signing the construction contract between the contractor and the subcontractor.
(5) This section applies to a contract executed on or after May 5, 1997.
Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 8 - Unenforceable Agreements › Section 6 - Definitions -- Motor carrier indemnity agreements void.

13-8-6.
Definitions -- Motor carrier indemnity agreements void.
(1) As used in this section, "motor carrier transportation contract" means any written agreement for:
(a) the transportation of personal property for compensation or hire;
(b) entry on real property for the purpose of packing, loading, unloading, or transporting personal property for compensation or hire; or
(c) a service incidental to an activity described in Subsection (1)(a) or (b) including storage of personal property for compensation or hire.
(2) Except as provided in Subsection (3), any provision in a motor carrier transportation contract that requires either party or either party's surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury, or property damage caused in whole or in part by the negligence or intentional acts or omissions of the other party is void.
(3) This section does not affect any provision in a motor carrier transportation contract that requires either party or either party's surety or insurer to indemnify another person against liability for death, personal injury, or property damage that arises out of the fault of:
(a) the indemnitor; or
(b) the indemnitor's agents or representatives.
Enacted by Chapter 287, 2011 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 9 - Foreign Trade › Section 1 - "Foreign-Trade Zones Act" defined.

13-9-1.
"Foreign-Trade Zones Act" defined.
As used in this act:
Foreign-Trade Zones Act means the act passed by the United States Congress identified as the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended by Public Law 566, 81st Congress, approved June 17, 1950, together with any subsequent amendments to that act and any rules and regulations promulgated pursuant to the authority granted by the act.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 9 - Foreign Trade › Section 2 - Authority of state, county or municipality or public or private corporation to apply to establish foreign-trade zone.

13-9-2.
Authority of state, county or municipality or public or private corporation to apply to establish foreign-trade zone.
The state of Utah or any county or municipality within the state of Utah, or a public or private corporation, or any combination thereof, may apply to the Foreign-Trade Zones Board, United States Department of Commerce, for the right to establish, operate, and maintain a foreign-trade zone as defined in the Foreign-Trade Zones Act.
Enacted by Chapter 19, 1973 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10 - Unauthorized Recording Practices Act › Section 2 - Purpose of chapter.

13-10-2.
Purpose of chapter.
In enacting this chapter, it is the purpose of the Legislature to prevent the piracy of recorded materials by making it mandatory that certain copying of recorded materials be made only with the express consent of the owner.
Amended by Chapter 325, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10 - Unauthorized Recording Practices Act › Section 3 - Definitions.

13-10-3.
Definitions.
As used in this chapter:
(1) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
(2) "Owner" means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived.
Amended by Chapter 325, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10 - Unauthorized Recording Practices Act › Section 4 - Prohibited practices.

13-10-4.
Prohibited practices.
It is unlawful for any individual, partnership, corporation, or association:
(1) to knowingly transfer or cause to be transferred, directly or indirectly, for sale or profit within this state, without the express consent of the owner, by any means, any sounds recorded on a phonographic record, disc, wire, tape, film, or other article or material on which sounds are recorded onto any other phonograph record, disc, wire, tape, film, article, or material;
(2) to sell, distribute, circulate, or offer for sale, distribution or circulation, or cause to be sold, distributed, circulated, or possess for the purpose of sale, distribution, or circulation, within the state, for a consideration, any phonograph record, disc, wire, tape, film, or other article or material onto which such sounds have been transferred, with the knowledge that the sounds thereon have been transferred without the express consent of the owner; or
(3) to knowingly rent, make available, or permit the use of, or offer to rent, make available, or permit the use of, for a fee, rental, or any other form of compensation, any equipment or machinery for the purpose of enabling, aiding, or causing another to transfer without the consent of the owner any sounds recorded on a phonograph record, disc, wire, tape, film, or other article or material onto any other phonograph record, disc, wire, tape, film, article, or material.
Amended by Chapter 325, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10 - Unauthorized Recording Practices Act › Section 5 - Exemptions.

13-10-5.
Exemptions.
(1) This chapter does not apply to:
(a) any person engaged in radio or television broadcasting or cable television who transfers, or causes to be transferred, any of the sounds referred to in Sections 13-10-3 and 13-10-4 (other than from the sound track of a motion picture) intended for, or in connection with, broadcast transmission or for archival purposes; or
(b) any person transferring any such sounds without any compensation being derived by this person or any other person from the transfer.
(2) This chapter shall neither enlarge nor diminish the rights of parties in civil litigation.
Amended by Chapter 325, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10 - Unauthorized Recording Practices Act › Section 8 - Failure to disclose the origin of a recording -- Penalty.

Effective 5/9/2017
13-10-8.
Failure to disclose the origin of a recording -- Penalty.
(1) For purposes of this section "recording" means:
(a) a tangible medium on which sounds or images are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other similar medium; or
(b) a copy or reproduction that duplicates the original in whole or in part.
(2) A person is guilty of failure to disclose the origin of a recording if:
(a) the person commits any of the following acts for commercial advantage or private financial gain:
(i) offers a recording for sale, resale, or rent;
(ii) sells, resells, rents, leases, or lends a recording; or
(iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or (ii); and
(b) the person knows that the recording does not contain the true name and address of the manufacturer in a prominent place on its cover, jacket, or label.
(3) A person who fails to disclose the origin of a recording under Subsection (2) is guilty of:
(a) a felony of the third degree if the offense involves 100 or more recordings, or the commercial equivalent of 100 or more recordings, during a 180-day period or if the person has previously been convicted of a violation of this section;
(b) a class A misdemeanor if the offense involves at least 10 recordings and fewer than 100 recordings, or the commercial equivalent of at least 10 recordings and fewer than 100 recordings, during a 180-day period; or
(c) a class B misdemeanor if the offense involves fewer than 10 recordings or fewer than the commercial equivalent of 10 recordings.
(4) In addition to the penalties provided in Subsection (3), a court may order a person who commits a violation of Subsection (2) to forfeit any recordings in the person's possession that served as the basis for the violation of Subsection (2).
Amended by Chapter 293, 2017 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10a - Music Licensing Practices Act › Section 2 - Definitions.

13-10a-2.
Definitions.
As used in this chapter:
(1) "Copyright laws of the United States" means those laws specified pursuant to Title 17, United States Code.
(2) "Copyright owner" does not include the owner of a copyright in a motion picture or audio-visual work or a part of a motion picture or audio-visual work.
(3) "Division" means the Division of Consumer Protection.
(4) "Performing rights society or organization" means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.
(5) "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which:
(a) the public may assemble; and
(b) musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled.
(6) "Royalty" or "royalties" means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works.
Enacted by Chapter 324, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10a - Music Licensing Practices Act › Section 3 - Access to repertoire.

13-10a-3.
Access to repertoire.
(1) Each performing rights society or organization licensing music in the state shall:
(a) maintain a current electronic list of the titles and names of the authors and publishers of all performed copyrighted musical works for which the performing rights society collects royalties on behalf of copyright owners;
(b) update the list at least quarterly; and
(c) provide to the division the electronic address at which the list may be viewed.
(2) Upon request, any person may review the list, in electronic form, of copyrighted works through the division.
(3) Each performing rights society or organization shall provide an electronic or printed copy of its most current lists of copyrighted musical works and members at cost, not including the cost of maintaining the database or any other overhead, to any person upon request.
(4) Each performing rights society or organization licensing music in this state shall establish and maintain a toll free telephone number which can be used to answer inquiries regarding specific musical works licensed by that performing rights society and the copyright owners represented by the performing rights society or organization.
Enacted by Chapter 324, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10a - Music Licensing Practices Act › Section 4 - Notification of rights.

13-10a-4.
Notification of rights.
No performing rights society or organization may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than 72 hours prior to the execution of the contract, it provides to the proprietor, in writing, a schedule of the rates and terms of royalties under the contract, including:
(1) any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible; and
(2) any scheduled increases or decreases in fees during the term of the contract.
Enacted by Chapter 324, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10a - Music Licensing Practices Act › Section 5 - Contract requirements.

13-10a-5.
Contract requirements.
(1) Beginning July 1, 1998, each contract for the payment of royalties between a proprietor and a performing rights society or organization executed, issued, or renewed in the state shall:
(a) be in writing;
(b) be signed by both parties to the contract; and
(c) include at least the following information:
(i) the proprietor's name and business address and the name and location of each place of business to which the contract applies;
(ii) the name and business address of the performing rights society or organization;
(iii) the duration of the contract; and
(iv) the schedule of rates and terms of royalties to be collected under the contract, including any sliding scale, discount, or schedule for any increase or decrease of those rates for the duration of the contract.
(2)
(a) Nothing in this act shall be construed to affect any contract signed before July 1, 1998.
(b) All contracts signed before July 1, 1998, that are renewed after that date are subject to the requirements of this act.
Enacted by Chapter 324, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10a - Music Licensing Practices Act › Section 6 - Jurisdiction of court action.

13-10a-6.
Jurisdiction of court action.
An action may be brought or a counterclaim may be asserted in a court of competent jurisdiction against a performing rights society to enjoin a violation of this act and to recover actual damages sustained as a result of that violation.
Enacted by Chapter 324, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10a - Music Licensing Practices Act › Section 7 - Provisions of chapter not exclusive.

13-10a-7.
Provisions of chapter not exclusive.
The remedies, duties, and prohibitions of this chapter are not exclusive and are in addition to all other causes of actions, remedies, and penalties provided by law.
Enacted by Chapter 324, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10a - Music Licensing Practices Act › Section 8 - Exemptions.

13-10a-8.
Exemptions.
(1) This act does not apply to contracts between performing rights societies or organizations and broadcasters licensed by the Federal Communications Commission, unless any such society is licensed by the Federal Communications Commission.
(2) This act does not apply to investigations by law enforcement agencies or other persons with respect to suspected violations of Subsection 13-10-8(2)(b).
Enacted by Chapter 324, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10b - Unlawful Recording of a Motion Picture › Part 1 - General Provisions › Section 102 - Definitions.

13-10b-102.
Definitions.
As used in this chapter:
(1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of the motion picture by means of any technology.
(2) "Motion picture theater" means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the commission of an offense under Section 13-10b-201.
(3) "Owner or employee" means the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee.
Enacted by Chapter 159, 2007 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10b - Unlawful Recording of a Motion Picture › Part 2 - Penalties › Section 201 - Unlawful recording of a motion picture -- Penalties.

13-10b-201.
Unlawful recording of a motion picture -- Penalties.
(1) It is unlawful for any individual to knowingly operate the audiovisual recording function of any camcorder or similar device in a motion picture theater:
(a) while a motion picture is being exhibited; and
(b) without the consent of the motion picture theater owner or operator.
(2)
(a) A violation of this section is a class A misdemeanor.
(b) A second or subsequent violation of this section is a third degree felony.
Enacted by Chapter 159, 2007 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10b - Unlawful Recording of a Motion Picture › Part 3 - Detention and Immunity › Section 301 - Detention of suspect by owner or employee.

13-10b-301.
Detention of suspect by owner or employee.
(1) Any owner or employee who has probable cause to believe that an individual has unlawfully recorded a motion picture under Section 13-10b-201 may detain the individual, on or off the premises of the motion picture theater, in a reasonable manner and for a reasonable length of time to:
(a) make reasonable inquiry as to whether the individual has in his possession a device that may reasonably be used in violation of Section 13-10b-201;
(b) request identification;
(c) verify the identification;
(d) make a reasonable request of the individual to place or keep in full view any device that the employer or employee has reason to believe the individual may have used in violation of Section 13-10b-201; and
(e)
(i) inform a peace officer of the detention of the individual and surrender that individual to the custody of a peace officer; or
(ii) in the case of a minor, inform a peace officer, the parents, or the legal guardian of this detention and to surrender custody of the minor to the responding individual.
(2) An employer or employee may make a detention under Subsection (1) off the premises of the motion picture theater only if the detention is pursuant to the immediate pursuit of the individual that the employer or employee has reason to believe has violated Section 13-10b-201.
Enacted by Chapter 159, 2007 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10b - Unlawful Recording of a Motion Picture › Part 3 - Detention and Immunity › Section 302 - Immunity of owner or employee who contacts law enforcement.

13-10b-302.
Immunity of owner or employee who contacts law enforcement.
The owner or employee of a motion picture theater who advises a law enforcement agency of an alleged violation of this section is not liable in any civil action that arises out of detaining an individual under Section 13-10b-301 whom the owner or employee reasonably believes to have violated Section 13-10b-201, unless the plaintiff shows by clear and convincing evidence that the measures were manifestly unreasonable or the period of detention was unreasonably long.
Enacted by Chapter 159, 2007 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 10b - Unlawful Recording of a Motion Picture › Part 4 - Law Enforcement Actions › Section 401 - Law enforcement functions exempt.

13-10b-401.
Law enforcement functions exempt.
This part does not prohibit any lawful investigation or collection of evidence by a federal, state, or local law enforcement or investigative agency by means of any audiovisual recording device used in a motion picture theater as part of investigative, protective, or law enforcement functions.
Enacted by Chapter 159, 2007 General Session