reglab/statecodes huggingface dataset:
2023 Utah Code › Title 36 - Legislature › Chapter 14 - Legislative Subpoena Powers › Section 1 - Definitions.

36-14-1.
Definitions.
As used in this chapter:
(1) "Issuer" means a person authorized to issue a subpoena by this chapter.
(2) "Legislative body" means:
(a) the Legislature;
(b) the House or Senate; or
(c) any committee or subcommittee of the Legislature, the House, or the Senate.
(3) "Legislative office" means the Office of Legislative Research and General Counsel, Office of the Legislative Fiscal Analyst, and the Office of the Legislative Auditor General.
(4) "Legislative staff member" means an employee or independent contractor of a legislative office.
(5) "Legislative subpoena" means a subpoena issued by an issuer on behalf of a legislative body or legislative office and includes:
(a) a subpoena requiring a person to appear and testify at a time and place designated in the subpoena;
(b) a subpoena requiring a person to:
(i) appear and testify at a time and place designated in the subpoena; and
(ii) produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena; and
(c) a subpoena requiring a person to produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena at a time and place designated in the subpoena.
(6) "Special investigative committee" is as defined in Subsection 36-12-9(1).
Amended by Chapter 1, 2013 Special Session 1
Amended by Chapter 1, 2013 Special Session 1
2023 Utah Code › Title 36 - Legislature › Chapter 14 - Legislative Subpoena Powers › Section 2 - Issuers.

Effective 3/3/2023
36-14-2.
Issuers.
(1) Any of the following persons is an issuer, who may issue legislative subpoenas by following the procedures set forth in this chapter:
(a) the speaker of the House of Representatives;
(b) the president of the Senate;
(c) a chair of any legislative standing committee;
(d) a chair of any legislative interim committee;
(e) a chair of any special committee established by the Legislative Management Committee, the speaker of the House of Representatives, or the president of the Senate;
(f) a chair of any subcommittee of the Legislative Management Committee;
(g) a chair of a special investigative committee;
(h) a chair of a Senate or House Ethics Committee;
(i) a chair of the Executive Appropriations Committee as created in JR3-2-401;
(j) a chair of an appropriations subcommittee as created in JR3-2-302;
(k) the director of the Office of Legislative Research and General Counsel;
(l) the legislative auditor general;
(m) the legislative fiscal analyst; and
(n) the legislative general counsel.
(2) A legislative body, a legislative office, an issuer, or a legislative staff member designated by an issuer may:
(a) administer an oath or affirmation; and
(b) take evidence, including testimony.
Amended by Chapter 21, 2023 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 14 - Legislative Subpoena Powers › Section 3 - Contents.

36-14-3.
Contents.
Each legislative subpoena shall include:
(1) the name of the legislative body or office on whose behalf the subpoena is issued;
(2) the signature of the issuer;
(3) a command to the person or entity to whom the subpoena is addressed to:
(a) appear and testify at the time and place set forth in the subpoena;
(b) appear and testify at the time and place designated in the subpoena and produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena; or
(c) produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena at the time and place designated in the subpoena.
Amended by Chapter 1, 2013 Special Session 1
Amended by Chapter 1, 2013 Special Session 1
2023 Utah Code › Title 36 - Legislature › Chapter 14 - Legislative Subpoena Powers › Section 4 - Service.

Effective 3/3/2023
36-14-4.
Service.
Legislative subpoenas may be served:
(1) within the state, by the sheriff of the county where service is made, or by his deputy, or by any other person 18 years old or older who is not a member of the entity issuing the subpoena;
(2) in another state or United States territory, by the sheriff of the county where the service is made, or by his deputy, or by a United States marshal or his deputy;
(3) in a foreign country:
(a) by following the procedures prescribed by the law of the foreign country;
(b) upon an individual, by any person 18 years old or older who is not a member of the entity delivering the subpoena to him personally, and upon a corporation or partnership or association, by any person 18 years old or older who is not a member of the entity delivering the subpoena to an officer, a managing or general agent of the corporation, partnership, or association; or
(c) by any form of mail requiring a signed receipt, to be addressed and dispatched by the legislative general counsel to the party to be served; or
(4) by electronic transmission requiring acknowledgment of receipt.
Amended by Chapter 21, 2023 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 14 - Legislative Subpoena Powers › Section 5 - Legislative subpoenas -- Enforcement.

Effective 3/3/2023
36-14-5.
Legislative subpoenas -- Enforcement.
(1) If any person disobeys or fails to comply with a legislative subpoena, or if a person appears pursuant to a subpoena and refuses to testify to a matter upon which the person may be lawfully interrogated, that person is in contempt of the Legislature.
(2)
(a) When the subject of a legislative subpoena disobeys or fails to comply with the legislative subpoena, or if a person appears pursuant to a subpoena and refuses to testify to a matter upon which the person may be lawfully interrogated, the issuer may:
(i) file a motion for an order to compel obedience to the subpoena with the district court;
(ii) file, with the district court, a motion for an order to show cause why the penalties established in Title 78B, Chapter 6, Part 3, Contempt, should not be imposed upon the person named in the subpoena for contempt of the Legislature; or
(iii) pursue other remedies against persons in contempt of the Legislature.
(b)
(i) Upon receipt of a motion under this subsection, the court shall expedite the hearing and decision on the motion.
(ii) A court may:
(A) order the person named in the subpoena to comply with the subpoena; and
(B) impose any penalties authorized by Title 78B, Chapter 6, Part 3, Contempt, upon the person named in the subpoena for contempt.
(3)
(a) If a legislative subpoena requires the production of accounts, books, papers, documents, electronically stored information, or tangible things, the person or entity to whom the subpoena is directed may petition a district court to quash or modify the subpoena at or before the time specified in the subpoena for compliance.
(b) An issuer may respond to a motion to quash or modify the subpoena by pursuing any remedy authorized by Subsection (2).
(c) If the court finds that a legislative subpoena requiring the production of accounts, books, papers, documents, electronically stored information, or tangible things is unreasonable or oppressive, the court may quash or modify the subpoena.
(4) Nothing in this section prevents an issuer from seeking an extraordinary writ to remedy contempt of the Legislature.
(5) Any party aggrieved by a decision of a court under this section may appeal that action directly to the Utah Supreme Court.
Amended by Chapter 21, 2023 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 14 - Legislative Subpoena Powers › Section 6 - Fees and mileage.

36-14-6.
Fees and mileage.
Except state officers and employees, witnesses appearing pursuant to a legislative subpoena shall receive witness fees and mileage as provided by law for attendance before the district courts of this state.
Enacted by Chapter 174, 1989 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 17 - Legislative Process Committee › Section 1 - Legislative Process Committee -- Membership.

Affected by 63I-1-236 on 1/1/2028
36-17-1.
Legislative Process Committee -- Membership.
There is created a Legislative Process Committee.
(1) The committee shall be composed of eight legislators appointed as follows:
(a) three senators, appointed by the president of the Senate, with one senator from the minority party; and
(b) five representatives, appointed by the speaker of the House of Representatives, with two representatives from the minority party.
(2) The president of the Senate shall designate one of the Senate appointees as one cochair of the committee and the speaker of the House of Representatives shall designate one of the House of Representatives appointees as the other cochair.
(3) Committee members serve for one year but may be reappointed by the speaker or president.
(4) In conducting all of its business, the committee shall comply with the rules of legislative interim committees.
(5) The Office of Legislative Research and General Counsel shall provide staff services to the committee.
Amended by Chapter 212, 1994 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 17 - Legislative Process Committee › Section 2 - Committee duties.

Affected by 63I-1-236 on 1/1/2028
36-17-2.
Committee duties.
The committee shall:
(1) review existing legislative and budget procedures and study the legislative and budget procedures used in other states;
(2) review and consider alternatives to the Utah Legislature's current process for preparing a budget;
(3) review and consider alternatives to the Utah Legislature's current process for requesting, preparing, prefiling, and prioritizing legislation;
(4) review and consider alternatives to the Utah Legislature's current process for interims;
(5) review and consider alternatives to the current role of standing committees in the legislative process;
(6) review and consider alternatives to the Utah Legislature's rules governing floor actions;
(7) review and consider alternative measures to meet the constitutional requirements for Utah's legislative process;
(8) review and consider any other matters involving the legislative process; and
(9) make recommendations, if any, to the Legislative Management Committee for any changes to the legislative process.
Enacted by Chapter 164, 1991 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 19 - Conflicts of Interest › Section 1 - Conflict of interest -- Prohibition of benefit.

36-19-1.
Conflict of interest -- Prohibition of benefit.
(1) A legislator, member of his household, or client shall not be a party to or have an interest in the profits or benefits of a state contract when the state contract is the direct result of a bill sponsored by the legislator unless the contract is let in compliance with state procurement policies and is open to the general public.
(2) Any person violating this section shall be guilty of a class B misdemeanor.
Enacted by Chapter 100, 1992 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 21 - Filing Legislation Deadline › Section 1 - Definition -- Deadline for state governmental entities filing legislation -- Waiver.

Effective 7/1/2020
36-21-1.
Definition -- Deadline for state governmental entities filing legislation -- Waiver.
(1) "Governmental entity" means:
(a) the executive branch of the state, including all departments, institutions, boards, divisions, bureaus, offices, commissions, committees, and elected officials;
(b) the judicial branch of the state, including the courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;
(c) the State Board of Education, the Utah Board of Higher Education, and any state-funded institution of higher education or public education;
(d) the National Guard;
(e) all quasi independent entities created by statute; and
(f) any political subdivision of the state, including any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district.
(2) Legislation requested by a governmental entity may not be considered by the Legislature during the annual general session unless:
(a) at the time the request for legislation is made it has a legislative sponsor;
(b) the request for legislation is filed with the Office of Legislative Research and General Counsel by December 1st of the year immediately before the Legislature's annual general session; and
(c) at the time the request for legislation is filed, it includes the purpose of the measure and all necessary drafting information.
(3) The Legislature, by motion and with the approval of a majority vote in one house, may waive this requirement.
(4) It is the intent of the Legislature that these agency requests will not be given higher priority than individual legislative requests filed at a later date.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 22 - Native American Legislative Liaison Committee › Section 1 - Native American Legislative Liaison Committee -- Creation -- Membership -- Chairs -- Salaries and expenses.

Effective 5/12/2020
36-22-1.
Native American Legislative Liaison Committee -- Creation -- Membership -- Chairs -- Salaries and expenses.
(1) There is created the Native American Legislative Liaison Committee.
(2) The committee consists of 11 members:
(a) seven members from the House of Representatives appointed by the speaker, no more than four of whom may be members of the same political party; and
(b) four members of the Senate appointed by the president, no more than two of whom may be members of the same political party.
(3) The speaker of the House shall select one of the members from the House of Representatives to act as cochair of the committee.
(4) The president of the Senate shall select one of the members from the Senate to act as cochair of the committee.
(5) Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Amended by Chapter 232, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 22 - Native American Legislative Liaison Committee › Section 2 - Duties.

Effective 3/22/2018
36-22-2.
Duties.
(1) The committee shall:
(a) serve as a liaison between Utah Native American tribes and the Legislature;
(b) recommend legislation for each annual general session of the Legislature if the committee determines that modifications to current law are in the best interest of the state of Utah and of the Utah Native American tribes;
(c) review the operations of the Division of Indian Affairs and other state agencies working with Utah Native American tribes;
(d) help sponsor meetings and other opportunities for discussion with and between Native Americans; and
(e) hold a meeting at which public education is discussed as required by Section 53F-5-604.
(2) In conducting its business, the committee shall comply with the rules of legislative interim committees.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 27 - Legislature's Counsel to United States Senators › Section 102 - Legislative counsel to United States Senators.

36-27-102.
Legislative counsel to United States Senators.
(1) The Legislature may provide counsel to United States senators representing Utah.
(2) The Legislature may request that United States senators representing Utah provide a single response or periodic reports to the Legislature on:
(a) each senator's progress with or response to the counsel given under Subsection (1); or
(b) other issues as determined by the Legislature.
Enacted by Chapter 390, 2011 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 27 - Legislature's Counsel to United States Senators › Section 103 - Resolution of the Legislature -- Written statement.

36-27-103.
Resolution of the Legislature -- Written statement.
(1) The Legislature may provide any counsel or reporting requests under Section 36-27-102 by:
(a) passing a joint resolution of the Legislature; or
(b) issuing a written statement that contains the signatures of a majority of the members of the House and a majority of the members of the Senate.
(2) A written statement under Subsection (1)(b) shall be referred to as "The Legislature's Counsel to United States Senators Representing Utah."
Enacted by Chapter 390, 2011 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 27 - Legislature's Counsel to United States Senators › Section 104 - Issuance of resolution or written statement -- Reporting requirements.

36-27-104.
Issuance of resolution or written statement -- Reporting requirements.
(1)
(a) Any resolution or written statement that is issued under this chapter shall be sent to each United States senator representing Utah.
(b) A copy of any resolution or written statement that is issued under this chapter shall be sent to each representative from the state serving in Congress.
(2) Each resolution or written statement issued under this chapter shall specify that a United States senator shall provide the following to the Office of Legislative Research and General Counsel when submitting a report in response to a resolution or written statement:
(a) prior notice of any verbal response or report; or
(b) a copy of any written response or report.
(3) The Office of Legislative Research and General Counsel shall maintain a record of:
(a) any resolution or written statement issued under this chapter; and
(b) each response and report provided to the Legislature by a United States senator in response to a resolution or written statement issued under this chapter.
Enacted by Chapter 390, 2011 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 28 - Veterans and Military Affairs Commission › Section 103 - Duties.

Affected by 63I-1-236 on 1/1/2025
Effective 5/13/2014
36-28-103.
Duties.
The commission shall:
(1) comply with the rules of legislative interim committees;
(2) study and make recommendations to the Legislature on the following issues as they impact active duty servicemembers, veterans, and their dependents:
(a) reintegration from military to civilian status;
(b) employment;
(c) finances;
(d) education;
(e) health and mental health, including suicide prevention;
(f) military affairs, including the impact of military bases; and
(g) coordination of state and local government resources to assist active duty servicemembers, veterans, and their dependents; and
(3) consider the unique role of the Utah National Guard and its servicemembers in regard to the issues in Subsection (2).
Enacted by Chapter 150, 2014 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 28 - Veterans and Military Affairs Commission › Section 104 - Staff support.

Affected by 63I-1-236 on 1/1/2025
Effective 5/13/2014
36-28-104.
Staff support.
The Office of Legislative Research and General Counsel shall staff the commission.
Enacted by Chapter 150, 2014 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
36-32-102.
Definitions.
As used in this chapter:
(1)"Advisory committee" means the committee that proposes to the Supreme Court rules or changes in rules related to:
(a) civil procedure;
(b) criminal procedure;
(c) juvenile procedure;
(d) appellate procedure;
(e) evidence; and
(f) professional conduct.
(2)"Committee" means the Judicial Rules Review Committee created in Section 36-32-201.
(3)"Court rule" means any of the following:
(a) rules of procedure, evidence, or practice for use of the courts of this state;
(b) rules governing and managing the appellate process adopted by the Supreme Court; or
(c) rules adopted by the Judicial Council for the administration of the courts of the state.
(4)"Judicial Council" means the administrative body of the courts, established in Utah Constitution, Article VIII, Section 12, and Section 78A-2-104.
(5)"Proposal for court rule" means the proposed language in a court rule that is submitted to:
(a) the Judicial Council;
(b) the advisory committee; or
(c) the Supreme Court.
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 2 - Judicial Rules Review Committee › Section 201 - Establishment of committee -- Membership -- Duties.

Effective 5/12/2020
36-32-201.
Establishment of committee -- Membership -- Duties.
(1) There is created a six member Judicial Rules Review Committee.
(2)
(a) The committee is comprised of:
(i) three members of the Senate, no more than two from the same political party, appointed by the president of the Senate; and
(ii) three members of the House of Representatives, no more than two from the same political party, appointed by the speaker of the House of Representatives.
(b) A member shall serve for a two-year term, or until the member's successor is appointed.
(c)
(i) A vacancy exists when a member:
(A) is no longer a member of the Legislature; or
(B) resigns from the committee.
(ii) The appointing authority shall fill a vacancy.
(iii) A member appointed to fill a vacancy shall serve out the unexpired term.
(d) The committee may meet as needed:
(i) to review:
(A) court rules:
(B) proposals for court rules; or
(C) conflicts between court rules or proposals for court rules and statute or the Utah Constitution; or
(ii) to recommend legislative action related to a review described in Subsection (2)(d)(i).
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 2 - Judicial Rules Review Committee › Section 202 - Submission of court rules or proposals for court rules.

Effective 5/12/2020
36-32-202.
Submission of court rules or proposals for court rules.
(1) The Supreme Court or the Judicial Council shall submit to the committee and the governor each court rule, proposal for court rule, and any additional information related to a court rule or proposal for court rule that the Supreme Court or Judicial Council considers relevant:
(a) when the court rule or proposal for court rule is submitted:
(i) to the Judicial Council for consideration or approval for public comment; or
(ii) to the Supreme Court by the advisory committee after the advisory committee's consideration or approval; and
(b) when the approved court rule or approved proposal for court rule is made available to members of the bar and the public for public comment.
(2) At the time of submission under Subsection (1), the Supreme Court or Judicial Council shall provide the committee with the name and contact information of a Supreme Court advisory committee or Judicial Council employee whom the committee may contact about the submission.
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 2 - Judicial Rules Review Committee › Section 203 - Review of rules -- Criteria.

Effective 5/12/2020
36-32-203.
Review of rules -- Criteria.
(1) As used in this section, "court rule" means a new court rule, a proposal for court rule, or an existing court rule.
(2) The committee:
(a) shall review and evaluate a submission of:
(i) a court rule; or
(ii) a proposal for court rule; and
(b) may review an existing court rule.
(3) The committee shall conduct a review of a court rule described in Subsection (2) based on the following criteria:
(a) whether the court rule is authorized by the state constitution or by statute;
(b) if authorized by statute, whether the court rule complies with legislative intent;
(c) whether the court rule is in conflict with existing statute or governs a policy expressed in statute;
(d) whether the court rule is primarily substantive or procedural in nature;
(e) whether the court rule infringes on the powers of the executive or legislative branch of government;
(f) the impact of the court rule on an affected person;
(g) the purpose for the court rule, and if applicable, the reason for a change to an existing court rule;
(h) the anticipated cost or savings due to the court rule to:
(i) the state budget;
(ii) local governments; and
(iii) individuals; and
(i) the cost to an affected person of complying with the court rule.
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 2 - Judicial Rules Review Committee › Section 204 - Committee review -- Fiscal analyst -- Powers of committee.

Effective 5/12/2020
36-32-204.
Committee review -- Fiscal analyst -- Powers of committee.
(1) To carry out the committee's duties, the committee may examine issues that the committee considers necessary in addition to the issues described in this chapter.
(2) The committee may request that the Office of the Legislative Fiscal Analyst prepare a fiscal note on any court rule or proposal for court rule.
(3) The committee has the powers granted to a legislative interim committee described in Section 36-12-11.
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 2 - Judicial Rules Review Committee › Section 205 - Findings -- Report -- Distribution of report.

Effective 5/12/2020
36-32-205.
Findings -- Report -- Distribution of report.
(1) The committee may:
(a) make an informal recommendation about a court rule or proposal for court rule; or
(b) provide written findings of the committee's review of a court rule or proposal for court rule; and
(c) if the committee identifies significant issues, provide written recommendations for:
(i) legislative action;
(ii) Supreme Court rulemaking action; or
(iii) Judicial Council rulemaking action.
(2) The committee shall provide to the Supreme Court or the Judicial Council:
(a) a copy of the committee's findings or recommendations described in Subsection (1); and
(b) a request that the Supreme Court or Judicial Council notify the committee of the Supreme Court or Judicial Council's response.
(3) The committee may prepare a report that includes:
(a) the findings and recommendations made by the committee based on the criteria described in Section 36-32-203;
(b) any action taken by the Supreme Court or Judicial Council in response to recommendations from the committee; and
(c) any recommendations described in Subsection (1).
(4) The committee shall provide a report described in Subsection (3) to:
(a) the speaker of the House of Representatives;
(b) the president of the Senate;
(c) the chair of the House Judiciary Standing Committee;
(d) the chair of the Senate Judiciary, Law Enforcement, and Criminal Justice Standing Committee;
(e) the Judiciary Interim Committee;
(f) the governor;
(g) the Executive Offices and Criminal Justice Appropriations Subcommittee;
(h) the Judicial Council; and
(i) the Supreme Court.
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 2 - Judicial Rules Review Committee › Section 206 - Submission of court rules or proposed court rules.

Effective 5/12/2020
36-32-206.
Submission of court rules or proposed court rules.
When the Supreme Court or Judicial Council submits a court rule or proposal for court rule for public comment, the Supreme Court or Judicial Council shall submit the court rule or proposal for court rule to publication houses that publish court rules, proposals to court rules, case law, or other relevant information for individuals engaged in the legal profession.
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 32 - Judicial Rules Review Committee › Part 2 - Judicial Rules Review Committee › Section 207 - Duties of staff.

Effective 5/12/2020
36-32-207.
Duties of staff.
The Office of Legislative Research and General Counsel shall, when practicable, attend meetings of the advisory committees of the Supreme Court.
Enacted by Chapter 154, 2020 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 33 - Child Welfare Legislative Oversight Panel › Section 101 - Definitions.

Effective 9/1/2022
36-33-101.
Definitions.
As used in this chapter:
(1) "Department" means the Department of Health and Human Services created in Section 26B-1-201.
(2) "Division" means the Division of Child and Family Services created in Section 80-2-201.
(3) "Panel" means the Child Welfare Legislative Oversight Panel created in Section 36-33-102.
Enacted by Chapter 334, 2022 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 33 - Child Welfare Legislative Oversight Panel › Section 102 - Child Welfare Legislative Oversight Panel -- Creation -- Membership -- Interim rules -- Per diem -- Staff support.

Effective 9/1/2022
36-33-102.
Child Welfare Legislative Oversight Panel -- Creation -- Membership -- Interim rules -- Per diem -- Staff support.
(1) There is created the Child Welfare Legislative Oversight Panel composed of the following members:
(a) two members of the Senate, one from the majority party and one from the minority party, appointed by the president of the Senate; and
(b) three members of the House of Representatives, two from the majority party and one from the minority party, appointed by the speaker of the House of Representatives.
(2)
(a) The president of the Senate shall designate one of the senators appointed to the panel under Subsection (1) as the Senate chair of the panel.
(b) The speaker of the House of Representatives shall designate one of the representatives appointed to the panel under Subsection (1) as the House chair of the panel.
(3)
(a) A member of the panel shall serve for two-year terms, or until the member's successor is appointed.
(b)
(i) A vacancy occurs when a member ceases to be a member of the Legislature, or when a member resigns from the panel.
(ii) If a vacancy occurs in the membership of the panel, the replacement shall be appointed for the unexpired term in the same manner as the vacated member was appointed.
(4) The panel shall follow the interim committee rules established by the Legislature.
(5) A member of the panel who is a legislator may be compensated in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(6)
(a) The Office of Legislative Research and General Counsel shall provide staff support to the panel.
(b) The panel is authorized to employ additional professional assistance and other staff members as the panel considers necessary and appropriate.
Enacted by Chapter 334, 2022 General Session
2023 Utah Code › Title 36 - Legislature › Chapter 34 - Education and Training › Part 1 - Statewide Elected Official Summit › Section 101 - Statewide elected official summit.

Effective 5/3/2023
36-34-101.
Statewide elected official summit.
(1) Beginning no later than 2024, the Legislature, under the direction of the speaker of the House of Representatives and the president of the Senate, shall host an annual summit for elected officials in Utah.
(2) The purpose of the summit is to provide education and training to legislators and local elected officials, including:
(a) legal requirements for elected officials;
(b) professional development, leadership, management, and other skills related to functioning as an elected official;
(c) issues facing the state or local jurisdictions and the role of state and local elected officials in responding to both state and local issues;
(d) taxation, revenue, appropriation, and budgeting in relation to the state and local jurisdictions; and
(e) other education and training as the speaker of the House of Representatives and the president of the Senate may direct.
Enacted by Chapter 207, 2023 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 1 - General Provisions › Section 103 - Government projects not subject to chapter -- Exception.

38-1a-103.
Government projects not subject to chapter -- Exception.
Except as provided in Section 38-1a-102, Part 2, State Construction Registry, and Chapter 1b, Government Construction Projects, this chapter does not apply to a government project, as defined in Section 38-1b-102.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 1 - General Provisions › Section 104 - Owner-builder original contract -- Owner-builder as original contractor.

38-1a-104.
Owner-builder original contract -- Owner-builder as original contractor.
For purposes of this chapter:
(1) an original contract is considered to exist between an owner-builder as owner and the owner-builder as original contractor; and
(2) in addition to being an owner, an owner-builder is considered to be an original contractor.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 1 - General Provisions › Section 105 - No waiver of rights -- Exception.

38-1a-105.
No waiver of rights -- Exception.
(1)
(a) A right or privilege under this chapter may not be waived or limited by contract.
(b) A provision of a contract purporting to waive or limit a right or privilege under this chapter is void.
(2) Notwithstanding Subsection (1), a claimant may waive or limit, in whole or in part, a lien right under this chapter in consideration of payment as provided in Section 38-1a-802.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 201 - Establishment of State Construction Registry -- Filing index.

38-1a-201.
Establishment of State Construction Registry -- Filing index.
(1) Subject to receiving adequate funding through a legislative appropriation and contracting with an approved third party vendor as provided in Section 38-1a-202, the division shall establish and maintain the State Construction Registry to:
(a)
(i) assist in protecting public health, safety, and welfare; and
(ii) promote a fair working environment;
(b) be overseen by the division with the assistance of the designated agent;
(c) provide a central repository for all required notices;
(d) make accessible, by way of an Internet website:
(i) the filing and review of required notices; and
(ii) the transmitting of building permit information under Subsection 38-1a-205(1) and the reviewing of that information;
(e) accommodate:
(i) electronic filing of required notices and electronic transmitting of building permit information described in Subsection (1)(d)(ii); and
(ii) the filing of required notices by alternate means, including United States mail, telefax, or any other method as the division provides by rule;
(f)
(i) provide electronic notification for up to three email addresses for each interested person who requests to receive notification under Section 38-1a-204 from the designated agent; and
(ii) provide alternate means of providing notification to a person who makes a filing by alternate means, including United States mail, telefax, or any other method as the division prescribes by rule; and
(g) provide hard-copy printing of electronic receipts for an individual filing evidencing the date and time of the individual filing and the content of the individual filing.
(2) The designated agent shall index filings in the registry by:
(a) the name of the owner;
(b) the name of the original contractor;
(c) subdivision, development, or other project name, if any;
(d) lot or parcel number;
(e) the address of the project property;
(f) entry number;
(g) the name of the county in which the project property is located;
(h) for private projects:
(i) the tax parcel identification number of each parcel included in the project property; and
(ii) the building permit number;
(i) for government projects, the government project-identifying information; and
(j) any other identifier that the division considers reasonably appropriate in collaboration with the designated agent.
Amended by Chapter 278, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 203 - Filings with the registry.

38-1a-203.
Filings with the registry.
(1) The division and the designated agent need not determine the timeliness of any notice before filing the notice in the registry.
(2) A notice filed by a third party on behalf of another is considered to be filed by the person on whose behalf the notice is filed.
(3) A person filing a notice of commencement, preliminary notice, or notice of completion is responsible for verifying the accuracy of information entered into the registry, whether the person files electronically, by alternate means, or through a third party.
(4) Each notice or other document submitted for inclusion in the registry and for which this chapter does not specify information required to be included in the notice or other document shall contain:
(a) the name of the county in which the project property to which the notice or other document applies is located;
(b) for a private project:
(i) the tax parcel identification number of each parcel included in the project property; or
(ii) the number of the building permit for the construction project on the project property; and
(c) for a government project, the government project-identifying information.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 204 - Notification of filings with the registry.

38-1a-204.
Notification of filings with the registry.
(1) The designated agent shall provide notification of the filing of a required notice relating to an anticipated improvement or construction project to:
(a) the person filing the required notice, unless the person indicates to the division or designated agent that the person does not want to receive notification; and
(b) each person that requests notification of the filing of a required notice for that anticipated improvement or construction project.
(2)
(a) A person may request the designated agent to provide the person notification of the filing of a required notice for any anticipated improvement or construction project.
(b) A person requesting notification under Subsection (2)(a) is responsible:
(i) to provide an email address, mailing address, or telefax number to which notification may be sent; and
(ii) for the accuracy of the email address, mailing address, or telefax number.
(c) A person is considered to have requested notification under Subsection (2)(a) if the person files, with respect to the same anticipated improvement or construction project that relates to the required notice that is the subject of the notification:
(i) a notice of preconstruction service;
(ii) a notice of commencement;
(iii) a preliminary notice;
(iv) a notice of construction loan; or
(v) a notice of completion.
(3) The designated agent fulfills the notification requirement under Subsection (1) by sending the notification to the email address, mailing address, or telefax number that the person provides to the designated agent, whether or not the person actually receives the notification.
Amended by Chapter 464, 2013 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 205 - Building permit -- Transmission to registry -- Posting at project site.

38-1a-205.
Building permit -- Transmission to registry -- Posting at project site.
(1)
(a) A county, city, or town issuing a building permit for a private project:
(i) shall, no later than 15 days after issuing the permit, input the building permit application and transmit the building permit information to the registry electronically by way of the Internet or computer modem or by any other means; and
(ii) may collect a building permit fee related to the issuance of the building permit, but may not spend or otherwise use the building permit fee until the county, city, or town complies with Subsection (1)(a)(i) with respect to the building permit for which the fee is charged.
(b) The person to whom a building permit, filed under Subsection (1)(a), is issued is responsible for the accuracy of the information in the building permit.
(c) For the purposes of classifying a record under Title 63G, Chapter 2, Government Records Access and Management Act, the division shall classify in the registry building permit information transmitted from a county, city, or town to the registry notwithstanding the classification of the building permit information by the county, city, or town.
(2) At the time a building permit is obtained, each original contractor for construction service shall conspicuously post at the project site a copy of the building permit obtained for the project.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 206 - Registry fees.

38-1a-206.
Registry fees.
(1) In accordance with the process required by Section 63J-1-504, the division shall establish the fees for:
(a) required notices, whether filed electronically or by alternate means;
(b) a request for notification under Section 38-1a-204;
(c) providing notification of a required notice, whether electronically or by alternate means;
(d) a duplicate receipt of a filing; and
(e) account setup for a person who wishes to be billed periodically for filings with the registry.
(2) The fees allowed under Subsection (1) may not in the aggregate exceed the amount reasonably necessary to create and maintain the registry.
(3) The fees established by the division may vary by method of filing if one form or means of filing is more costly to process than another form or means of filing.
(4) The division may provide by contract that the designated agent may retain all fees collected by the designated agent, except that the designated agent shall remit to the division the cost of the division's oversight.
(5)
(a) A person who is delinquent on the payment of a fee established under this section may not file a notice with the registry.
(b) The division shall make a determination whether a person is delinquent on the payment of a fee for filing established under this section in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(c) Any order that the division issues in a proceeding described in Subsection (5)(b) may prescribe the method of that person's payment of fees for filing notices with the registry after issuance of the order.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 207 - Registry classification.

38-1a-207.
Registry classification.
(1) The registry is classified as a public record under Title 63G, Chapter 2, Government Records Access and Management Act, unless the division classifies it otherwise.
(2) A request for information submitted to the designated agent is not subject to Title 63G, Chapter 2, Government Records Access and Management Act.
(3) A person desiring information contained in a public record in the registry shall request the information from the designated agent.
(4) The designated agent may charge a commercially reasonable fee allowed by the designated agent's contract with the division for providing information under Subsection (3).
(5) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, if information is available in a public record contained in the registry, a person may not request the information from the division.
(6)
(a) A person may request information that is not a public record contained in the registry from the division in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(b) The division shall inform the designated agent of how to direct an inquiry made to the designated agent for information that is not a public record contained in the registry.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 208 - Actions that are not adjudicative proceedings.

38-1a-208.
Actions that are not adjudicative proceedings.
None of the following is an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act:
(1) the filing of a notice permitted or required by this chapter;
(2) the rejection of a filing permitted or required by this chapter; or
(3) other action by the designated agent in connection with a filing of any notice permitted or required by this chapter.
Enacted by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 209 - Abuse of registry -- Penalty.

38-1a-209.
Abuse of registry -- Penalty.
(1) As used in this section, "third party" means an owner, an original contractor, a subcontractor, or any interested party.
(2) A person abuses the registry if that person files a notice in the registry:
(a) without a good faith basis for doing so;
(b) with the intent to exact more than is due from the owner or any other interested party; or
(c) to procure an unjustified advantage or benefit.
(3) A person who abuses the registry as described in Subsection (2) is liable to a third party who is affected by the notice for twice the amount of the actual damages incurred by the third party or $2,000, whichever is greater.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 210 - Limitation of liability.

38-1a-210.
Limitation of liability.
(1) The state and the state's agencies, instrumentalities, political subdivisions, and an employee of a governmental entity are immune from suit for any injury resulting from the registry.
(2) The designated agent and its principals, agents, and employees are not liable to any person for the accuracy, coherence, suitability, completeness, or legal effectiveness of information filed or searched in the registry if the designated agent:
(a) develops and maintains the registry in compliance with reliability, availability, and security standards established by the division; and
(b) meets data entry accuracy standards established by the division under Subsection 38-1a-202(6)(b).
(3) The designated agent and its principals, agents, and employees are not liable for their inability to perform obligations under this chapter to the extent performance of those obligations is prevented by:
(a) a storm, earthquake, or other act of God;
(b) a fire;
(c) an accident;
(d) governmental interference; or
(e) any other event or cause beyond the designated agent's control.
Renumbered and Amended by Chapter 278, 2012 General Session
2023 Utah Code › Title 38 - Liens › Chapter 1a - Preconstruction and Construction Liens › Part 2 - State Construction Registry › Section 211 - Limit on notice effect of document filing in the registry.

38-1a-211.
Limit on notice effect of document filing in the registry.
The filing of a document in the registry is not intended to give notice to all persons of the content of the document within the meaning of Section 57-3-102 and does not constitute constructive notice of matters relating to real property to purchasers for value and without knowledge.
Renumbered and Amended by Chapter 278, 2012 General Session