reglab/statecodes huggingface dataset:
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 27 - Sexually Explicit Business and Escort Service Tax › Section 103 - Tax imposed on a sexually explicit business -- Tax imposed on an escort service.

59-27-103.
Tax imposed on a sexually explicit business -- Tax imposed on an escort service.
(1) A tax is imposed on a sexually explicit business equal to 10% of amounts paid to or charged by the sexually explicit business for the following transactions:
(a) an admission fee;
(b) a user fee;
(c) a retail sale of tangible personal property made within the state;
(d) a sale of:
(i) food and food ingredients as defined in Section 59-12-102; or
(ii) prepared food as defined in Section 59-12-102;
(e) a sale of a beverage; and
(f) any service.
(2)
(a) Except as provided in Subsection (2)(b), a tax is imposed on an escort service equal to 10% of amounts paid or charged by the escort service for any transaction that involves providing an escort to another individual.
(b) Notwithstanding Subsection (2)(a), the tax imposed by Subsection (2)(a) does not apply to a transaction that is subject to the tax imposed in Subsection (1).
(3) The tax imposed by this section:
(a) may not be imposed on any sales and use tax collected or paid under Chapter 12, Sales and Use Tax Act; and
(b) is subject to an agreement sales and use tax under Chapter 12, Sales and Use Tax Act.
(4) The commission shall administer this chapter in accordance with Chapter 12, Part 1, Tax Collection.
Enacted by Chapter 214, 2004 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 27 - Sexually Explicit Business and Escort Service Tax › Section 104 - Payment of tax.

59-27-104.
Payment of tax.
(1) Subject to Subsection (2), a sexually explicit business or escort service subject to the tax imposed by this chapter shall file a return with the commission and pay the tax calculated on the return to the commission:
(a) quarterly on or before the last day of the month immediately following the last day of the previous calendar quarter if:
(i) the sexually explicit business or escort service is required to file a quarterly sales and use tax return with the commission under Section 59-12-107; or
(ii) the sexually explicit business or escort service is not required to file a sales and use tax return with the commission under Chapter 12, Sales and Use Tax Act; or
(b) monthly on or before the last day of the month immediately following the last day of the previous calendar month if the sexually explicit business is required to file a monthly sales and use tax return with the commission under Section 59-12-108.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules to:
(a) establish standards for determining whether an operation is a sexually explicit business or escort service; and
(b) determine, for purposes of Section 59-27-102, amounts that are similar to an amount paid for:
(i) a salary;
(ii) a fee;
(iii) a commission;
(iv) hire; or
(v) profit.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 27 - Sexually Explicit Business and Escort Service Tax › Section 105 - Sexually Explicit Business and Escort Service Fund -- Administrative charge.

59-27-105.
Sexually Explicit Business and Escort Service Fund -- Administrative charge.
(1) There is created an expendable special revenue fund called the "Sexually Explicit Business and Escort Service Fund."
(2)
(a) Except as provided in Subsection (3), the fund consists of all amounts collected by the commission under this chapter.
(b)
(i) The money in the fund shall be invested by the state treasurer pursuant to Title 51, Chapter 7, State Money Management Act.
(ii) All interest or other earnings derived from the fund money shall be deposited in the fund.
(3) Notwithstanding any other provision of this chapter, the commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the revenues the commission collects from a tax under this chapter.
(4)
(a) Fund money shall be used as provided in this Subsection (4).
(b) The Department of Corrections shall use 60% of the money in the fund, in addition to existing budgets, to provide treatment services to nonworking or indigent adults who:
(i) have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses; and
(ii) are not currently confined or incarcerated in a jail or prison.
(c) The Adult Probation and Parole section of the Department of Corrections shall use 15% of the money in the fund to provide outpatient treatment services to individuals who:
(i) have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses; and
(ii) are not currently confined or incarcerated in a jail or prison.
(d) The Department of Corrections shall use 10% of the money in the fund, in addition to existing budgets, to implement treatment programs for juveniles who have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses.
(e) The attorney general shall use 15% of the money in the fund to provide funding for any task force:
(i) administered through the Office of the Attorney General; and
(ii) that investigates and prosecutes individuals who use the Internet to commit crimes against children.
Amended by Chapter 400, 2013 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 27 - Sexually Explicit Business and Escort Service Tax › Section 106 - Records.

59-27-106.
Records.
(1) An owner or operator of a sexually explicit business or escort service shall maintain records, statements, books, or accounts necessary to determine the amount of tax for which the owner or operator is liable to pay under this chapter.
(2) The commission may require an owner or operator of a sexually explicit business or escort service, by notice served on the person, to make or keep the records, statements, books, or accounts described in Subsection (1) in a manner in which the commission considers sufficient to show the amount of tax for which the owner or operator is liable to pay under this chapter.
(3) After notice by the commission, the owner or operator of a sexually explicit business or escort service shall open the records, statements, books, or accounts specified in this section for examination by the commission or an authorized agent of the commission.
Enacted by Chapter 214, 2004 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 27 - Sexually Explicit Business and Escort Service Tax › Section 108 - Penalties and interest.

59-27-108.
Penalties and interest.
An owner or operator of a sexually explicit business or escort service that fails to comply with this chapter is subject to:
(1) penalties provided in Section 59-1-401; and
(2) interest provided in Section 59-1-402.
Enacted by Chapter 214, 2004 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 28 - State Transient Room Tax Act › Section 102 - Definitions.

Effective 1/1/2018
59-28-102.
Definitions.
As used in this chapter:
(1) "Agreement" means the same as that term is defined in Section 59-12-102.
(2) "Certified service provider" means the same as that term is defined in Section 59-12-102.
(3) "Model 2 seller" means the same as that term is defined in Section 59-12-102.
(4) "Purchaser" means the same as that term is defined in Section 59-12-102.
(5) "Sales price" means the same as that term is defined in Section 59-12-102.
(6) "Seller" means the same as that term is defined in Section 59-12-102.
Enacted by Chapter 166, 2017 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 28 - State Transient Room Tax Act › Section 103 - Imposition -- Rate -- Revenue distribution.

Effective 7/1/2022
59-28-103.
Imposition -- Rate -- Revenue distribution.
(1) Subject to the other provisions of this chapter, the state shall impose a tax on the transactions described in Subsection 59-12-103(1)(i) at a rate of .32%.
(2) The tax imposed under this chapter is in addition to any other taxes imposed on the transactions described in Subsection 59-12-103(1)(i).
(3)
(a)
(i) Subject to Subsection (3)(a)(ii), the commission shall deposit 6% of the revenue the state collects from the tax under this chapter into the Hospitality and Tourism Management Education Account created in Section 53F-9-501 to fund the Hospitality and Tourism Management Career and Technical Education Pilot Program created in Section 53E-3-515.
(ii) The commission may not deposit more than $300,000 into the Hospitality and Tourism Management Education Account under Subsection (3)(a)(i) in a fiscal year.
(b) Except for the amount deposited into the Hospitality and Tourism Management Education Account under Subsection (3)(a) and the administrative charge retained under Subsection 59-28-104(4), the commission shall deposit any revenue the state collects from the tax under this chapter into the Outdoor Recreation Infrastructure Account created in Section 79-8-106 to fund the Outdoor Recreational Infrastructure Grant Program created in Section 79-8-401 and the Recreation Restoration Infrastructure Grant Program created in Section 79-8-202.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 28 - State Transient Room Tax Act › Section 104 - Collection of tax.

Effective 1/1/2018
59-28-104.
Collection of tax.
(1) Except as provided in Subsection (2), the commission shall administer, collect, and enforce a tax under this chapter in accordance with:
(a)Chapter 1, General Taxation Policies; and
(b) the same procedures used to administer, collect, and enforce the tax under Chapter 12, Part 1, Tax Collection.
(2) A tax under this chapter is not subject to Section 59-12-107.1 or 59-12-123.
(3) A seller required to collect a tax under this chapter may retain 6% of any amounts the seller is required to remit to the commission under this chapter for the costs of collecting the tax.
(4) The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the revenues the commission collects from a tax under this chapter.
Enacted by Chapter 166, 2017 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 28 - State Transient Room Tax Act › Section 105 - Seller or certified service provider reliance on commission information.

Effective 1/1/2018
59-28-105.
Seller or certified service provider reliance on commission information.
A seller or certified service provider is not liable for failing to collect a tax at a tax rate imposed under this chapter if the seller's or certified service provider's failure to collect the tax is as a result of the seller's or certified service provider's reliance on incorrect data provided by the commission in a database created by the commission:
(1) containing tax rates or boundaries regarding a tax under this chapter; or
(2) indicating the taxability of transactions described in Subsection 59-12-103(1)(i).
Enacted by Chapter 166, 2017 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 28 - State Transient Room Tax Act › Section 106 - Certified service provider or model 2 seller reliance on commission certified software.

Effective 1/1/2018
59-28-106.
Certified service provider or model 2 seller reliance on commission certified software.
(1) Except as provided in Subsection (2) and subject to Subsection (4), a certified service provider or model 2 seller is not liable for failing to collect a tax required under this chapter if:
(a) the certified service provider or model 2 seller relies on software the commission certifies; and
(b) the certified service provider's or model 2 seller's failure to collect a tax required under this chapter is as a result of the seller's or certified service provider's reliance on incorrect data:
(i) provided by the commission; or
(ii) in the software the commission certifies.
(2) The relief from liability described in Subsection (1) does not apply if a certified service provider or model 2 seller incorrectly classifies an item or transaction into a product category the commission certifies.
(3) If the taxability of a product category is incorrectly classified in software the commission certifies, the commission shall:
(a) notify a certified service provider or model 2 seller of the incorrect classification of the taxability of a product category in software the commission certifies; and
(b) state in the notice required by Subsection (3)(a) that, if the certified service provider or model 2 seller fails to correct the taxability of the item or transaction within 10 days after the day on which the certified service provider or model 2 seller receives the notice, the certified service provider or model 2 seller is liable for failing to collect the correct amount of tax under this chapter on the incorrectly classified product category.
(4) If a certified service provider or model 2 seller fails to correct the taxability of an item or transaction within 10 days after the day on which the certified service provider or model 2 seller receives the notice described in Subsection (3), the certified service provider or model 2 seller is liable for failing to collect the correct amount of tax under this chapter on the item or transaction.
Enacted by Chapter 166, 2017 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 28 - State Transient Room Tax Act › Section 107 - Purchaser relief from liability.

Effective 1/1/2018
59-28-107.
Purchaser relief from liability.
(1)
(a) Except as provided in Subsection (1)(b), a purchaser is relieved from a penalty under Section 59-1-401 for failure to pay a tax due under this chapter or an underpayment if:
(i) the purchaser's seller or certified service provider relies on incorrect data provided by the commission:
(A) on a tax rate;
(B) on a boundary;
(C) on a taxing jurisdiction; or
(D) in the taxability matrix the commission provides in accordance with the agreement; or
(ii) the purchaser, regardless of whether the purchaser holds a direct payment permit in accordance with Section 59-12-107.1, relies on incorrect data provided by the commission:
(A) on a tax rate;
(B) on a boundary;
(C) on a taxing jurisdiction; or
(D) in the taxability matrix the commission provides in accordance with the agreement.
(b) For purposes of Subsection (1)(a), a purchaser is not relieved from a penalty under Section 59-1-401 for failure to pay a tax due under this chapter or an underpayment if the purchaser's, the purchaser's seller's, or the purchaser's certified service provider's reliance on incorrect data provided by the commission is as a result of conduct that is:
(i) fraudulent;
(ii) intentional; or
(iii) willful.
(2) In addition to the relief from a penalty described in Subsection (1), a purchaser is not liable for a tax or interest under Section 59-1-402 for failure to pay a tax due under this chapter or an underpayment if:
(a) the purchaser's seller or certified service provider relies on:
(i) incorrect data provided by the commission:
(A) on a tax rate;
(B) on a boundary; or
(C) on a taxing jurisdiction; or
(ii) an erroneous classification by the commission:
(A) in the taxability matrix the commission provides in accordance with the agreement; and
(B) with respect to a term in the library of definitions that is listed as taxable or exempt, included in or excluded from "sales price," or included in or excluded from a definition; or
(b) the purchaser, regardless of whether the purchaser holds a direct payment permit in accordance with Section 59-12-107.1, relies on:
(i) incorrect data provided by the commission:
(A) on a tax rate;
(B) on a boundary; or
(C) on a taxing jurisdiction; or
(ii) an erroneous classification by the commission:
(A) in the taxability matrix the commission provides in accordance with the agreement; and
(B) with respect to a term in the library of definitions that is listed as taxable or exempt, included in or excluded from "sales price," or included in or excluded from a definition.
Enacted by Chapter 166, 2017 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 28 - State Transient Room Tax Act › Section 108 - Military Installation Development Authority exemption.

Effective 5/8/2018
59-28-108.
Military Installation Development Authority exemption.
Amounts paid or charged for accommodations and services, as defined in Section 63H-1-205, are exempt from the tax described in Section 59-28-103, if the amounts are paid to or charged by a proprietor subject to the MIDA accommodations tax imposed under Section 63H-1-205.
Enacted by Chapter 442, 2018 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 30 - Electric Vehicle Charging Tax › Part 1 - Electric Vehicle Charging Tax › Section 101 - Definitions.

Effective 1/1/2024
59-30-101.
Definitions.
As used in this chapter:
(1) "Charging station" means equipment designed to deliver electric energy to an electric vehicle for a fee.
(2) "Charging station operator" means a person who owns or operates a charging station in the state.
(3) "Charging station subscription" means a service for which a person pays a charging station operator a subscription fee for a reduced charging rate or unlimited charging during the subscription period.
(4) "Electric vehicle" means a qualifying electric vehicle or qualifying plug-in hybrid vehicle.
(5) "Qualifying electric vehicle" means the same as that term is defined in Section 11-42a-102.
(6) "Qualifying plug-in hybrid vehicle" means the same as that term is defined in Section 11-42a-102.
Enacted by Chapter 464, 2023 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 30 - Electric Vehicle Charging Tax › Part 1 - Electric Vehicle Charging Tax › Section 102 - Imposition -- Rate -- Revenue distribution.

Effective 1/1/2024
59-30-102.
Imposition -- Rate -- Revenue distribution.
(1) There is levied a tax upon the retail sale of:
(a) electric current sold by a charging station operator to charge or recharge an electric vehicle; and
(b) a charging station subscription by a charging station operator to charge or recharge an electric vehicle.
(2) The tax levied under Subsection (1) is imposed at a rate of 12.5% for a charging station operator that charges:
(a) per kilowatt hour as described in Subsection (4)(a);
(b) per hour as described in Subsection (4)(a);
(c) a subscription fee for charging services as described in Subsection (4)(b); or
(d) a combination of Subsections (2)(a) through (c).
(3)
(a) A charging station operator shall remit a return on the tax imposed in Subsection (1) in an electronic format approved by the commission on the same schedule as the charging station operator's sales and use tax filing.
(b) The tax amount reported on the return described in Subsection (3)(a) is due and payable according to the same terms and schedule as the charging station operator's sales and use tax remittance schedule.
(4)
(a) For a charging station operator that charges a fee per kilowatt hour, the charging station operator shall furnish with each sale an itemized invoice, including:
(i) the name of the charging station operator;
(ii) the date of sale;
(iii) the number of kilowatt hours sold, or the length of time using the charging station;
(iv) the sales price per kilowatt hour, or per hour for use of the charging station; and
(v) the total sales price of the transaction.
(b) For a charging station operator that charges a fee for a charging station subscription, the charging station operator shall furnish with each sale an itemized invoice, including:
(i) the name of the charging station operator;
(ii) the date of sale;
(iii) the subscription price; and
(iv) the total sales price of the transaction.
(c) In addition to the information required in Subsection (4)(a) or (b), a charging station operator shall ensure that an invoice indicates on a separate line the tax imposed under Subsection (1).
(5) In addition to the tax required by this part, a charging station operator shall pay a penalty as provided in Section 59-1-401, plus interest at the rate and in the manner prescribed in Section 59-1-402, if the charging station operator subject to this section fails to:
(a) pay the tax prescribed by this section by the due date described in Subsection (3); or
(b) file a return required by this section by the due date described in Subsection (3).
(6) The commission shall deposit revenue from the tax imposed in Subsection (1) into the Transportation Fund.
Enacted by Chapter 464, 2023 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 30 - Electric Vehicle Charging Tax › Part 1 - Electric Vehicle Charging Tax › Section 103 - Collection of electric vehicle charging tax.

Effective 1/1/2024
59-30-103.
Collection of electric vehicle charging tax.
(1) The commission shall administer, collect, and enforce a tax under this chapter in accordance with:
(a)Chapter 1, General Taxation Policies; and
(b) the same procedures used to administer, collect, and enforce the tax under Chapter 12, Part 1, Tax Collection.
(2) A charging station operator required to collect a tax under this chapter may retain 6% of any amounts the seller is required to remit to the commission under this chapter for the costs of collecting the tax.
(3) The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the revenues the commission collects from a tax under this chapter.
Enacted by Chapter 464, 2023 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 1 - Fraud unlawful.

61-1-1.
Fraud unlawful.
It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly to:
(1) employ any device, scheme, or artifice to defraud;
(2) make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
(3) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
Amended by Chapter 284, 1983 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 2 - Investment adviser -- Unlawful acts.

61-1-2.
Investment adviser -- Unlawful acts.
(1) It is unlawful for any person who receives any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise to:
(a) employ any device, scheme, or artifice to defraud the other person;
(b) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon the other person; or
(c) divide or otherwise split any consideration with any person not licensed under this chapter as an investment adviser or investment adviser representative.
(2)
(a) Except as may be permitted by rule of the division, it is unlawful for any investment adviser to enter into, extend, or renew any investment advisory contract unless it provides in writing that:
(i) the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client;
(ii) no assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and
(iii) the investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change.
(b) Subsection 61-1-2(2)(a)(i) does not prohibit an investment advisory contract which provides for compensation based upon the total value of a fund averaged over a definite period, or as of definite dates or taken as of a definite date.
(c) "Assignment," as used in Subsection 61-1-2(2)(a)(ii), includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor.
(d) If the investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business.
(3) It is unlawful for any investment adviser to take or have custody of any securities or funds of any client if:
(a) the division by rule prohibits custody; or
(b) in the absence of a rule, the investment adviser fails to notify the division that he has or may have custody.
(4) The division may by rule adopt exemptions from Subsections 61-1-2(2)(a)(i), (ii), and (iii) where such exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this chapter.
Amended by Chapter 356, 2009 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 6.5 - Court-ordered discipline.

61-1-6.5.
Court-ordered discipline.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this chapter if so ordered by a court.
Enacted by Chapter 232, 1997 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 7 - Registration before sale.

61-1-7.
Registration before sale.
It is unlawful for any person to offer or sell any security in this state unless it is registered under this chapter, the security or transaction is exempted under Section 61-1-14, or the security is a federal covered security for which a notice filing has been made pursuant to the provisions of Section 61-1-15.5.
Amended by Chapter 160, 1997 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 11.1 - Hearings for certain exchanges of securities.

61-1-11.1.
Hearings for certain exchanges of securities.
(1) An application may be made to the division for approval to issue securities or to deliver other consideration in exchange for:
(a) one or more outstanding securities, claims, or property interests; or
(b) partly in exchange for one or more outstanding securities, claims, or property interests, and partly for cash.
(2) The director may:
(a) hold a hearing upon the fairness of the terms and conditions of an exchange described in Subsection (1); and
(b) approve or disapprove the terms and conditions of an exchange described in Subsection (1).
(3) After conducting a hearing under this section, if the director finds that the terms and conditions of an exchange described in Subsection (1) are fair to those to whom the securities will be issued, the director may:
(a) approve the fairness of the terms and conditions of the exchange described in Subsection (1); and
(b) approve the exchange described in Subsection (1).
(4) In a hearing under this section, all persons to whom it is proposed to issue securities or to deliver other consideration in an exchange under Subsection (1) may appear.
(5) An application under Subsection (1) shall contain the information and be accompanied by the documents required by rule or order of the division.
(6) A person filing an application under Subsection (1) shall pay a filing fee as determined under Section 61-1-18.4.
(7) An applicant under this section shall provide adequate notice of any hearing under this section to all persons that have a right to appear, under Subsection (4), at the hearing.
(8) An application may be made under this section regardless of whether the security or transaction being issued is:
(a) exempt from registration; or
(b) not required to be registered.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may establish rules to govern the conduct of a hearing permitted by this section in accordance with Sections 61-1-18.5 and 61-1-24.
(10) This section is intended to provide for a fairness hearing that satisfies the requirements of Securities Act of 1933, Section 3(a)(10), 15 U.S.C. Section 77c(a)(10), or any comparable section that may subsequently be enacted.
Amended by Chapter 351, 2009 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 14.5 - Burden of proving exemption.

61-1-14.5.
Burden of proving exemption.
In any proceeding under this chapter, civil, criminal, administrative, or judicial, the burden of proving an exemption under Section 61-1-14 or an exception from a definition under Section 61-1-13 is upon the person claiming the exemption or exception.
Enacted by Chapter 284, 1983 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 15 - Filing of sales literature.

61-1-15.
Filing of sales literature.
The division may by rule or order require the filing of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser unless the security or transaction is exempted by Section 61-1-14 or is a federal covered security.
Amended by Chapter 160, 1997 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 15.5 - Federal covered securities.

Effective 5/5/2021
61-1-15.5.
Federal covered securities.
(1) The division by rule or order may require the filing of any of the following documents with respect to a covered security under Section 18(b)(2) of the Securities Act of 1933:
(a) before the initial offer of federal covered security in this state, a notice form as prescribed by the division or all documents that are part of a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, together with a consent to service of process signed by the issuer and a filing fee as determined under Section 61-1-18.4;
(b) after the initial offer of such federal covered security in this state, all documents that are part of an amendment to a federal registration statement filed with the U.S. Securities and Exchange Commission under the Securities Act of 1933, which shall be filed concurrently with the division;
(c) a report of the value of federal covered securities offered or sold in this state, together with a filing fee as determined under Section 61-1-18.4; and
(d) a notice filing under this section shall be effective for one year and shall be renewed annually in order to continue to offer or sell the federal covered securities for which the notice was filed.
(2)
(a) With respect to a security that is a covered security under Section 18(b)(4)(F) of the Securities Act of 1933, the division by rule or order may require the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no later than 15 days after the day on which the issuer sells the covered security in this state, together with a filing fee as determined under Section 61-1-18.4.
(b) The division shall waive the filing fee described in Subsection (2)(a) if:
(i) the filing is timely; and
(ii) the total offering amount listed on SEC Form D does not exceed $500,000.
(3) The division by rule or order may require the filing of a document filed with the Securities and Exchange Commission under the Securities Act of 1933, with respect to a covered security under Securities Act of 1933, Section 18(b)(3) or (4), together with a filing fee as determined under Section 61-1-18.4.
(4) With the concurrence of the commission, the director, by means of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act, may issue a stop order suspending the offer and sale of a federal covered security, except a covered security under Section 18(b)(1) of the Securities Act of 1933, if the director finds that the order is in the public interest and there is a failure to comply with any condition established under this section.
(5) The division by rule or order may waive any or all of the provisions of this section.
Amended by Chapter 276, 2021 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 16 - False statements unlawful.

Effective 5/10/2016
61-1-16.
False statements unlawful.
It is unlawful for a person to make or cause to be made, in any document filed with the division or in any proceeding, examination, or investigation conducted under this chapter, any statement that is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
Amended by Chapter 401, 2016 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 17 - No finding by division on merits -- Contrary representation unlawful.

61-1-17.
No finding by division on merits -- Contrary representation unlawful.
(1) Neither the fact that an application for registration or a registration statement has been filed nor the fact that a person or security is effectively registered constitutes a finding by the division that any document filed under this chapter is true, complete, and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the division has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security, or transaction.
(2) It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with Subsection (1).
Amended by Chapter 284, 1983 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18 - Division of Securities established -- Director -- Investigators.

Effective 7/1/2021
61-1-18.
Division of Securities established -- Director -- Investigators.
(1)
(a) There is established within the Department of Commerce a Division of Securities.
(b) The division is under the direction and control of a director. The executive director shall appoint the director with the governor's approval.
(c) Subject to Section 61-1-18.5, the division shall administer and enforce this chapter.
(d) The director shall hold office at the pleasure of the governor.
(2) The director, with the approval of the executive director, may employ the staff necessary to discharge the duties of the division or commission at salaries to be fixed by the director according to standards established by the Division of Human Resource Management.
(3) An investigator employed pursuant to Subsection (2) who meets the training requirements of Subsection 53-13-105(3) may be designated a special function officer, as defined in Section 53-13-105, by the director, but is not eligible for retirement benefits under the Public Safety Employee's Retirement System.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18.1 - Technical experts and specialists -- Employment -- Contracts.

61-1-18.1.
Technical experts and specialists -- Employment -- Contracts.
The director may employ or contract with technical experts and specialists including but not limited to certified public accountants, appraisers, engineers, and tax accountants to conduct or participate in any examination, audit, investigation or proceeding.
Enacted by Chapter 284, 1983 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18.2 - Budget -- Annual report.

61-1-18.2.
Budget -- Annual report.
The director shall annually prepare and submit to the executive director:
(1) a budget for the expenses of the division and commission for the administration and enforcement of this chapter for the next fiscal year; and
(2) a report outlining the division's and commission's work for the preceding fiscal year.
Amended by Chapter 351, 2009 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18.3 - Information obtained by division or commission -- Use for personal benefit prohibited -- Disclosure.

61-1-18.3.
Information obtained by division or commission -- Use for personal benefit prohibited -- Disclosure.
(1) It is unlawful for an employee of the division or a member of the commission to use for personal benefit any non-public information that is filed with or obtained by the division or commission.
(2) This chapter does not authorize the division, an employee of the division, the commission, or a member of the commission to disclose information described in Subsection (1), except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter.
(3) No provision of this chapter either creates or derogates from a privilege that exists at common law or otherwise when documentary or other evidence is sought under subpoena directed to:
(a) the division;
(b) the commission;
(c) a member of the commission; or
(d) an employee of the division.
Amended by Chapter 351, 2009 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18.4 - Fees collected by division.

61-1-18.4.
Fees collected by division.
The Division of Securities shall establish, charge, and collect fees pursuant to Section 63J-1-504, except when it can be demonstrated that the fee amount should be based on factors other than cost, for the following:
(1) the fair and reasonable cost of any examination, audit, or investigation authorized or required by this chapter or other state law;
(2) certificate of serving and mailing process served upon the division in any action or proceeding commenced or prosecuted in this state against any person who has appointed the division its agent as provided in Subsection 61-1-26(7); and
(3) copies and authentication of all papers, publications, data, and other records available to the public or issued under the division's authority.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18.6 - Procedures -- Adjudicative proceedings.

61-1-18.6.
Procedures -- Adjudicative proceedings.
The commission and division shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in an adjudicative proceeding under this chapter.
Amended by Chapter 351, 2009 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18.7 - Funding of securities investor education, training, and enforcement.

61-1-18.7.
Funding of securities investor education, training, and enforcement.
(1)
(a) There is created an expendable special revenue fund known as the "Securities Investor Education, Training, and Enforcement Fund" to provide revenue for the purposes stated in this section.
(b) For purposes of this section, "fund" means the Securities Investor Education, Training, and Enforcement Fund.
(2) Money received by the state by reason of civil penalties ordered and administrative fines collected pursuant to this chapter shall be deposited in the fund, and is subject to the requirements of Title 51, Chapter 5, Funds Consolidation Act.
(3) A fine collected by the division after July 1, 1989, pursuant to a voluntary settlement or administrative order shall be deposited into the fund.
(4)
(a) The fund shall earn interest.
(b) Interest earned on fund money shall be deposited into the fund.
(5) Notwithstanding Title 63J, Chapter 1, Budgetary Procedures Act, the director may use money in the fund, upon concurrence of the commission and the executive director of the Department of Commerce, in a manner consistent with the duties of the division and commission under this chapter and only for any or all of the following and the expense of providing them:
(a) education and training of Utah residents in matters concerning securities laws and investment decisions, by publications or presentations;
(b) education of registrants and licensees under this chapter, by:
(i) publication of this chapter and rules and policy statements and opinion letters issued under this chapter; and
(ii) sponsorship of seminars or meetings to educate registrants and licensees as to the requirements of this chapter;
(c) investigation and litigation; and
(d) to pay an award to a reporter as provided in Part 1, Securities Fraud Reporting Program Act.
(6) If the balance in the fund exceeds $500,000 at the close of any fiscal year, the excess shall be transferred to the General Fund.
Amended by Chapter 400, 2013 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 18.8 - Concurrence under this chapter.

Effective 5/10/2016
61-1-18.8.
Concurrence under this chapter.
(1) For purposes of this section, "concurrence" means the entities given a concurring role must jointly agree for the action to be taken.
(2) Except for Section 61-1-18.7, if a provision of this chapter requires concurrence between the director or division and the commission and no concurrence can be reached, the director or division has final authority.
(3) When this chapter requires concurrence between the director or division and the commission:
(a) the director or division shall report to and update the commission on a regular basis related to matters requiring concurrence; and
(b) the commission shall review the report submitted by the director or division under this Subsection (3) and concur with the report, or:
(i) provide a reason for not concurring with the report; and
(ii) provide recommendations to the division or director.
Enacted by Chapter 25, 2016 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 19 - Investigations authorized.

61-1-19.
Investigations authorized.
(1)
(a) The division may make any public or private investigations within or without this state as the division considers necessary to determine whether a person has violated, is violating, or is about to violate this chapter or a rule or order issued under this chapter.
(b) To aid in the enforcement of this chapter or in the prescribing of rules and forms issued under this chapter, the division may require or permit a person to file a statement in writing, under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated.
(c) The division may publish information concerning a violation of this chapter or the violation of a rule or order issued under this chapter.
(2) For the purpose of an investigation or proceeding under this chapter, the division, the commission, or an employee designated by the division may:
(a) administer an oath or affirmation;
(b) subpoena a witness and compel the attendance of the witness;
(c) take evidence; and
(d) require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records relevant or material to the investigation.
Amended by Chapter 351, 2009 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 1 - Utah Uniform Securities Act › Section 20 - Enforcement.

Effective 5/10/2016
Superseded 7/1/2024
61-1-20.
Enforcement.
(1) Whenever it appears to the director that a person has engaged, is engaging, or is about to engage in an act or practice constituting a violation of this chapter or a rule or order under this chapter, in addition to specific powers granted in this chapter:
(a) the director may issue an order directing the person to appear before the commission and show cause why an order should not be issued directing the person to cease and desist from engaging in the act or practice, or doing an act in furtherance of the activity;
(b) the order to show cause shall state the reasons for the order and the date of the hearing;
(c) the director shall promptly serve a copy of the order to show cause upon a person named in the order;
(d) the commission shall hold a hearing on the order to show cause no sooner than 10 business days after the order is issued;
(e) after a hearing, the commission may:
(i) issue an order to cease and desist from engaging in an act or practice constituting a violation of this chapter or a rule or order under this chapter;
(ii) impose a fine in an amount determined after considering the factors set forth in Section 61-1-31;
(iii) order disgorgement;
(iv) order restitution;
(v) order rescission;
(vi) bar or suspend that person from associating with a licensed broker-dealer or investment adviser in this state; and
(vii) impose a combination of sanctions in this Subsection (1)(e).
(2)
(a) The director may bring an action in the appropriate district court of this state or the appropriate court of another state to enjoin an act or practice and to enforce compliance with this chapter or a rule or order under this chapter.
(b) Upon a proper showing in an action brought under this section, the court may:
(i) issue a permanent or temporary, prohibitory or mandatory injunction;
(ii) issue a restraining order or writ of mandamus;
(iii) enter a declaratory judgment;
(iv) appoint a receiver or conservator for the defendant or the defendant's assets;
(v) order disgorgement;
(vi) order rescission;
(vii) order restitution;
(viii) impose a fine in an amount determined after considering the factors set forth in Section 61-1-31; and
(ix) enter any other relief the court considers just.
(c) The court may not require the division to post a bond in an action brought under this Subsection (2).
(3) An order issued under Subsection (1) shall be accompanied by written findings of fact and conclusions of law.
(4) When determining the severity of a sanction to be imposed under this section, the commission or court shall consider whether:
(a) the person against whom the sanction is to be imposed exercised undue influence; or
(b) the person against whom the sanction is imposed under this section knows or should know that an investor in the investment that is the grounds for the sanction is a vulnerable adult.
Amended by Chapter 401, 2016 General Session