reglab/statecodes huggingface dataset:
2023 Utah Code › Title 7 - Financial Institutions Act › Chapter 26 - Financial Exploitation Prevention Act › Part 3 - Permitted Acts to Prevent Financial Exploitation of Vulnerable Adults › Section 302 - Permitted notifications.

Effective 5/12/2020
7-26-302.
Permitted notifications.
(1) A covered financial institution may notify a law enforcement agency or Adult Protective Services if a qualified individual believes that the financial exploitation of a vulnerable adult is occurring, has or may have occurred, is being attempted, or has been or may have been attempted.
(2) A covered financial institution may notify a third party associated with a vulnerable adult if a qualified individual believes that the financial exploitation of the vulnerable adult is occurring, has or may have occurred, is being attempted, or has been or may have been attempted.
(3) A covered financial institution may choose not to notify a third party associated with a vulnerable adult as described in Subsection (2), if a qualified individual reasonably believes that the third party is, may be, or may have been engaged in the financial exploitation of the vulnerable adult.
Enacted by Chapter 228, 2020 General Session
2023 Utah Code › Title 7 - Financial Institutions Act › Chapter 26 - Financial Exploitation Prevention Act › Part 4 - Immunity › Section 401 - Immunity.

Effective 5/12/2020
7-26-401.
Immunity.
(1) A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution:
(a) has no duty to act under this chapter to protect a vulnerable adult from financial exploitation by a third person; and
(b) is immune from all criminal, civil, and administrative liability for not taking a permissive action under this chapter.
(2) A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution who chooses to act as described in:
(a) Subsection 7-26-201(2), is immune from all criminal, civil, and administrative liability for the act, unless the act is done in bad faith; and
(b) Section 7-26-301 or 7-26-302, is immune from all criminal, civil, and administrative liability for the act, unless the act:
(i) is done in bad faith; and
(ii) causes pecuniary loss to a vulnerable adult suspected of being a victim of financial exploitation.
(3) The immunity described in this section does not extend to an individual that is a principal, a conspirator, or an accessory after the fact to a criminal offense involving the financial exploitation of a vulnerable adult.
Enacted by Chapter 228, 2020 General Session
2023 Utah Code › Title 7 - Financial Institutions Act › Chapter 27 - Commercial Financing Registration and Disclosure Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/4/2022
7-27-101.
Definitions.
As used in this chapter:
(1) "Accounts receivable purchase transaction" means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business's accounts, as defined in Section 70A-9a-102, or payment intangibles, as defined in Section 70A-9a-102, at a discount to the accounts' or payment intangibles' expected value.
(2) "Broker" means a person who, for compensation or the expectation of compensation, arranges a commercial financing transaction between a third party and a business in the state.
(3) "Business" means a private enterprise carried on for the purpose of gain or economic profit.
(4)
(a) "Business purpose transaction" means a transaction from which the resulting proceeds that a business receives are:
(i) provided to the business; or
(ii) intended to be used to carry on the business.
(b) "Business purpose transaction" does not include a transaction from which the resulting proceeds are intended to be used for personal, family, or household purposes.
(c) For purposes of determining whether a transaction is a business purpose transaction, a provider may rely on a written statement of intended purpose, signed by an individual authorized to sign on behalf of the business. The written statement may be contained in an application, agreement, or other document signed by an individual authorized to sign on behalf of the business.
(5) "Commercial financing transaction" means a business purpose transaction:
(a) under which a person extends a business a commercial loan or a commercial open-end credit plan; or
(b) that is an accounts receivable purchase transaction.
(6) "Commercial loan" means a loan to a business, regardless of whether the loan is secured.
(7) "Commercial open-end credit plan" means commercial financing extended to a business on terms under which:
(a) the creditor reasonably contemplates repeat transactions; and
(b) subject to any limit set by the creditor, the amount of financing that the creditor may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid.
(8) "Motor vehicle dealer" means a dealer as defined in Section 41-3-102.
(9)
(a) "Provider" means a person who consummates more than five commercial financing transactions in the state during any calendar year.
(b) "Provider" includes a person who, under a written agreement with a depository institution, offers one or more commercial financing products provided by the depository institution via an online platform that the person administers.
Enacted by Chapter 449, 2022 General Session
2023 Utah Code › Title 7 - Financial Institutions Act › Chapter 27 - Commercial Financing Registration and Disclosure Act › Part 1 - General Provisions › Section 102 - Application.

Effective 5/4/2022
7-27-102.
Application.
The provisions of this chapter do not apply to:
(1) a provider that is a depository institution;
(2) a provider that is:
(a)
(i) a subsidiary of a depository institution; or
(ii) a service corporation for a depository institution; and
(b) regulated by a federal banking agency;
(3) a provider that is regulated under the federal Farm Credit Act 12 U.S.C. Sec. 2001 et seq.;
(4) a provider that is licensed as a money transmitter in accordance with Chapter 25, Money Transmitter Act;
(5) a provider that consummates five or fewer commercial financing products in the state during any 12 month period;
(6) a commercial financing transaction secured by real property;
(7) a commercial financing transaction that is a lease as defined in Section 70A-2a-103;
(8) a commercial financing transaction that is a purchase-money obligation as defined in Section 70A-9a-103;
(9) a commercial financing transaction that:
(a) involves a commercial loan or a commercial open-end credit plan;
(b) is $50,000 or more; and
(c) extends the commercial loan or the commercial open-end credit plan to:
(i) a motor vehicle dealer or the motor vehicle dealer's affiliate; or
(ii) a motor vehicle rental company as defined in Section 13-48-103 or the motor vehicle rental company's affiliate;
(10) a commercial financing transaction offered by a person in connection with the sale of a product or service that:
(a) the person manufactures, licenses, or distributes; or
(b) the person's parent company or the person's owned and controlled subsidiary manufactures, licenses, or distributes; or
(11) a commercial financing transaction of more than $1,000,000.
Enacted by Chapter 449, 2022 General Session
2023 Utah Code › Title 7 - Financial Institutions Act › Chapter 27 - Commercial Financing Registration and Disclosure Act › Part 2 - Registration › Section 202 - Disclosures for commercial financing transactions.

Effective 5/4/2022
7-27-202.
Disclosures for commercial financing transactions.
(1)
(a) Before consummating a commercial financing transaction, a provider shall disclose the terms of the commercial financing transaction in accordance with this section and rules made by the commissioner.
(b) In addition to the requirements of Subsection (1)(a), for a commercial open-end credit plan, the provider shall make the disclosures described in this section:
(i) after any disbursement of funds that occurs after the parties consummate the commercial financing transaction; and
(ii) no later than 15 days after the last day of the calendar month in which the disbursement of funds occurs.
(2) A provider shall disclose the following information in connection with each commercial financing transaction:
(a) the total amount of funds provided to the business under the terms of the commercial financing transaction;
(b) the total amount of funds disbursed to the business under the terms of the commercial financing transaction, if less than the amount described in Subsection (2)(a);
(c) the total amount to be paid to the provider under the terms of the commercial financing transaction;
(d) the total dollar cost of the commercial financing transaction, calculated by finding the difference between:
(i) the amount described in Subsection (2)(a); and
(ii) the amount described in Subsection (2)(c);
(e)
(i) the manner, frequency, and amount of each payment; or
(ii) if the amount of each payment may vary, the manner, frequency, and estimated amount of the initial payment;
(f) a statement of whether there are any costs or discounts associated with prepayment under the commercial financing transaction, including a reference to the paragraph in the commercial financing transaction agreement that creates each cost or discount; and
(g) any amount of the funds described in Subsection (2)(a) that the provider pays to a broker in connection with the commercial financing transaction.
(3) The commercial financing transaction agreement shall include a description of the methodology for calculating any variable payment amount and the circumstances that may cause a payment amount to vary.
(4) The provisions of this section apply to a commercial financing transaction consummated on or after January 1, 2023.
Enacted by Chapter 449, 2022 General Session
2023 Utah Code › Title 7 - Financial Institutions Act › Chapter 27 - Commercial Financing Registration and Disclosure Act › Part 3 - Enforcement › Section 301 - Penalties.

Effective 5/4/2022
7-27-301.
Penalties.
(1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may:
(a) receive and act on complaints;
(b) take action designed to obtain voluntary compliance with this chapter; or
(c) commence administrative or judicial proceedings on the department's own initiative to enforce compliance with this chapter.
(2) A person who violates a provision of this chapter is subject to a civil penalty of $500 per violation, not to exceed $20,000 for all violations arising from the use of the same transaction documentation or materials.
(3) A person who violates a provision of this chapter after receiving written notice of a prior violation is subject to a civil penalty of $1,000 per violation, not to exceed $50,000 for all violations arising from the use of the same transaction documentation or materials.
(4) Nothing in this chapter creates a private right of action against any person based on failure to comply with the provisions of this chapter.
(5) A violation of this chapter does not affect the enforceability of any underlying agreement.
Enacted by Chapter 449, 2022 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 2 - Donations for Care › Section 1 - State treasurer to receive donations.

8-2-1.
State treasurer to receive donations.
Money which has been or shall be declared by an instrument in writing to be intended for the perpetual care, maintenance, improvement, or embellishment of any cemetery, or of any lots therein, to an amount not less than $50, may be deposited with the state treasurer, who shall, in the name of the state, receive and receipt for it. The depositors shall at the time of making such deposit file with the treasurer and with the Division of Corporations and Commercial Code a copy of the instrument which declares the purpose for which the money so deposited is intended to be applied. If the cemetery is held in private ownership, the deposit shall be accompanied by a written agreement on the part of the person, association, or corporation operating the same that the income derived from the sum so deposited will be applied to the purposes designated by the depositor as set forth in the instrument filed with such deposit.
Amended by Chapter 66, 1984 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 2 - Donations for Care › Section 2 - Investment of funds by Division of Finance.

8-2-2.
Investment of funds by Division of Finance.
The Division of Finance shall with the approval of the governor invest the money which may be deposited with the state treasurer under the provisions of the preceding section in the name of the state, in bonds or other obligations of the state or of the United States, or in securities in which the division is authorized to invest money in behalf of the state, and semiannually in each year it shall cause to be paid the accrued interest thereof to such person, association or corporation for the care, maintenance or improvement of any cemetery or cemetery lot where the money has been deposited for that purpose. If such cemetery is not held in private ownership, such interest shall be paid to the city or town in which the cemetery is located. At the time of paying such interest the treasurer shall inform the person, city, or town to whom it is paid of the purpose to which it is to be applied as stated in the copy of the instrument which is filed with him, and the person, city, or town to whom it is paid shall apply it to such purpose.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 3 - Recording Plats and Conveyances › Section 1 - Plats of cemeteries shall be recorded.

Effective 5/13/2014
8-3-1.
Plats of cemeteries shall be recorded.
(1) An executive officer of an organization in control of a cemetery, including a municipality or a cemetery maintenance district, or an individual owner in control of a cemetery, offering burial lots for sale in any county, shall file and cause to be recorded in the office of the county recorder of the county within which the respective cemetery is situated an accurate plat of the cemetery.
(2) The plat required under Subsection (1) shall clearly show:
(a) the sections of burial lots which have been disposed of and the names of the persons owning or holding each burial lot; and
(b) the sections of burial lots held for disposal.
(3) An executive officer or owner shall file additional plats of any addition to a cemetery before offering for sale any burial lots located in the cemetery.
(4) A county recorder may not collect any fee for filing and recording an original plat required under this section.
Amended by Chapter 194, 2014 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 3 - Recording Plats and Conveyances › Section 2 - Burial rights -- Certificates.

Effective 5/13/2014
8-3-2.
Burial rights -- Certificates.
An executive officer of an organization in control of a cemetery, including a municipality or a cemetery maintenance district, or an individual owner in control of a cemetery, shall provide each purchaser of a lot or burial right located in the cemetery with a certificate of burial rights, properly executed.
Amended by Chapter 194, 2014 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 3 - Recording Plats and Conveyances › Section 3 - Transcripts to be filed for record.

Effective 5/13/2014
8-3-3.
Transcripts to be filed for record.
(1) No later than January 1 and July 1 of each year, the executive officer of an organization in control of a cemetery, including a municipality or cemetery maintenance district, or an individual owner in control of a cemetery with burial lots for sale, shall file with the county recorder of the county within which the cemetery is situated a transcript, duly certified by the executive officer or individual owner, of a deed, certificate of sale, or evidence of burial rights issued by the executive officer, individual owner, or the officer's or owner's designee during the preceding six months.
(2) The county recorder shall file the transcript described in Subsection (1) without charge.
Amended by Chapter 194, 2014 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 4 - Endowment Care Cemeteries › Section 1 - Entities subject to chapter -- Definitions.

8-4-1.
Entities subject to chapter -- Definitions.
(1) An endowment care cemetery in this state, except those owned and operated by churches, religious or established fraternal societies, or incorporated cities, towns, or other political subdivisions of the state, shall comply with the requirements of this chapter.
(2) As used in this chapter "endowment care cemetery" means a cemetery or mausoleum for crypt or vault interments, columbarium for permanent cinerary interments, or any other place providing lots or other interment space for the remains of human bodies that:
(a) represents to the public that it will care for, maintain, and embellish its property to preserve it from becoming unkempt and a place of reproach and desolation in the community in which it is located; and
(b) collects funds for the purpose stated in Subsection (2)(a).
Amended by Chapter 3, 1996 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 4 - Endowment Care Cemeteries › Section 3 - Withdrawals from endowment fund.

8-4-3.
Withdrawals from endowment fund.
When the endowment care fund balance reaches $100,000, the cemetery authority may withdraw the initial deposit of $25,000 at the rate of $1,000 for each additional $3,000 added to the fund.
Amended by Chapter 167, 2000 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 4 - Endowment Care Cemeteries › Section 4 - Insufficiency in endowment fund.

8-4-4.
Insufficiency in endowment fund.
(1) An endowment care cemetery that maintains a trust fund that is not funded at least in the amount required by this chapter or any state or federal law applicable to the fund at the time of underfunding shall immediately deposit additional money to the endowment care trust fund in an amount to bring the fund into compliance with applicable law.
(2)
(a) If the trustee of an endowment care trust fund determines that an insufficiency in the endowment care trust fund exists, the trustee shall provide written notice to the endowment care cemetery.
(b) If after 60 days of the notice to the endowment care cemetery, the endowment care cemetery has not deposited sufficient money into the fund, the trustee shall file, as a lien upon the property of the endowment care cemetery, a claim in behalf of the endowment care trust fund in the amount of the insufficiency.
Amended by Chapter 3, 1996 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 1 - Unused or unkept lots -- Notice procedures.

8-5-1.
Unused or unkept lots -- Notice procedures.
(1) If a municipality or cemetery maintenance district owns a cemetery and has conveyed cemetery lots or parcels by deed with or without restrictions, and the grantee, or persons claiming through the grantee, for more than 60 years:
(a) have not used portions of the lots or parcels for purposes of burial and have not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the 60-year period have not given the municipality or cemetery maintenance district written notice of any claim or interest in the lots or parcels; or
(b) have not used a portion of the lots or parcels for purposes of burial and have not kept the lots or parcels free of weeds or brush, but have allowed it to remain entirely unimproved for more than 20 years, and the lots or parcels are located in the portion of the cemetery where they adjoin or are adjacent to improved parts of the cemetery and by reason of their unimproved condition detract from the appearance of the cemetery, interfere with its harmonious improvements, and furnish a place for the growth of weeds and brush, then the municipality or cemetery maintenance district shall demand of the grantee or persons claiming through the grantee either of the following:
(i) that they file with the municipality or cemetery maintenance district a written notice of claim or interest in and to the lots or parcels recorded by evidence of their claim of ownership within 50 days after the service of a copy of the notice of demand; or
(ii) that they keep the premises clear of weeds and in a condition of harmony with other adjoining lots.
(2) The municipality or cemetery maintenance district shall serve a copy of the demand or notice required by Subsection (1) on the grantee or persons claiming through the grantee in accordance with the Utah Rules of Civil Procedure.
Amended by Chapter 123, 2002 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 2 - Action in district court for title to lots.

8-5-2.
Action in district court for title to lots.
If either the grantee, or person claiming through the grantee, fails to comply with the demand or notice, the municipality or cemetery maintenance district may bring an action in the district court of the county in which the cemetery is located against all parties who have not responded to the notice for the purpose of terminating the rights of the parties in the lots or parcels and restoring the lots or parcels to the municipality or cemetery maintenance district free of any right, title, or interest of the grantee, persons claiming through the grantee, their heirs, or assigns. Any action to reclaim title to grave sites, parcels, or lots shall be brought and determined in the same manner as actions concerning other real property. The portion of any grave site, lot, or parcel in which a body is buried may not be included in any action to revest title to the lot, site, or parcel in the municipality or cemetery maintenance district, and the grave site in which a body is interred shall remain undisturbed together with any adjoining property so as to allow the proper approach to the grave site.
Amended by Chapter 123, 2002 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 3 - Abandonment -- Standards -- Prima facie evidence.

8-5-3.
Abandonment -- Standards -- Prima facie evidence.
The fact that the grantee or holder of a lot or parcel in a cemetery has not used portions of the lots or parcels for the purpose of burial for more than 60 years shall be prima facie evidence that the grantee or holder had abandoned the lots or parcels if during that time the grantee or holder:
(1) has not provided the care to the lots or parcels provided uniformly to all lots or parcels within the cemetery;
(2) has not given to the municipality or cemetery maintenance district a written notice of claim or interest in the lots or parcels; or
(3) has not kept the lots or parcels free of weeds or brush.
Amended by Chapter 123, 2002 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 4 - Copy of judgment to be filed with county recorder.

8-5-4.
Copy of judgment to be filed with county recorder.
A certified copy of the judgment in the action to revest title to cemetery lots, sites, or parcels shall be filed with the county recorder in the county in which the lots, sites, or parcels are located.
Enacted by Chapter 132, 1985 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 5 - Proceeds of resale of lots.

Effective 2/27/2023
8-5-5.
Proceeds of resale of lots.
The proceeds from the subsequent resale of any lot or parcel, title to which has been revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6, less the costs and expenses incurred in the proceeding, shall become part of the permanent care and improvement fund of the municipality or cemetery maintenance district, subject to subsequent disposition under Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, or Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 6 - Alternative council or board procedures for notice -- Termination of rights -- Notice.

Effective 5/3/2023
8-5-6.
Alternative council or board procedures for notice -- Termination of rights -- Notice.
(1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4, a municipal council or cemetery maintenance district board may pass a resolution demanding that the owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes for more than 60 years, file with the county recorder, city recorder, or town clerk notice of any claim to the lot, site, or portion of the cemetery.
(2) The municipal council or cemetery maintenance district board shall then cause a copy of the resolution to be personally served on the owner in the same manner as personal service of process in a civil action. The resolution shall notify the owner that the owner shall, within 60 days after service of the resolution on the owner, express interest in maintaining the cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to use the lot, site, or portion of the cemetery for a burial.
(3) If the owner cannot be personally served with the resolution of the municipal council or cemetery maintenance district board as required in Subsection (2), the municipal council or cemetery maintenance district board shall:
(a) publish the resolution for the municipality or cemetery maintenance district, as a class A notice under Section 63G-30-102, for three weeks; and
(b) mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available.
(4) If, for 30 days after the last date of service or publication of the municipal council's or cemetery maintenance district board's resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of the cemetery for burial purposes, the owner's rights are terminated and that portion of the cemetery shall be vested in the municipality or cemetery maintenance district.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 7 - Sale of only right to be buried.

8-5-7.
Sale of only right to be buried.
Municipalities and cemetery maintenance districts shall sell only the right to be buried in the cemetery and all cemetery lots or parcels sold by a municipality after April 29, 1985, or by a cemetery maintenance district after June 1, 2001 shall be rights to be buried only. Nothing in this section shall prevent municipalities or cemetery maintenance districts from imposing additional terms on the sale of rights to burial.
Amended by Chapter 123, 2002 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 5 - Rights and Title to Cemetery Lots › Section 8 - Municipal and maintenance district cemeteries -- Rights of lot holders -- Compensation -- Perpetual care charges.

8-5-8.
Municipal and maintenance district cemeteries -- Rights of lot holders -- Compensation -- Perpetual care charges.
(1) The owner, grantee, or person claiming through the grantee shall have the right, on presentation of the certificate of title or right to burial to the municipality or cemetery maintenance district, for any lot or parcel which has reverted to the municipality or cemetery maintenance district, at the option of the municipality or cemetery maintenance district, to:
(a) be compensated for the lot or parcel at the reasonable value of the lot or parcel as of the date the certificate is presented to the municipality or cemetery maintenance district;
(b) receive a right to burial to another lot or parcel if the right to burial or title to the lot or parcel has been sold by the municipality or cemetery maintenance district; or
(c) receive the right to burial to the lot or parcel if the municipality or cemetery maintenance district has not sold the right to burial to the lot or parcel.
(2) Nothing in this section prevents a municipality or cemetery maintenance district from collecting unpaid perpetual care charges from a person claiming title or the right to burial.
Amended by Chapter 123, 2002 General Session
2023 Utah Code › Title 8 - Cemeteries › Chapter 6 - Policies and Records › Section 2 - Policies adopted and records kept.

Effective 5/13/2014
8-6-2.
Policies adopted and records kept.
A cemetery maintenance district, municipality, individual, or other person that controls a cemetery shall:
(1) adopt policies and procedures for the regulation of its affairs and the conduct of its business, including policies and procedures for the following:
(a) setting of prices and other charges for services;
(b) sale of burial rights;
(c) regulation of headstones;
(d) care of headstones;
(e) regulation of flowers, shrubs, or other foliage placed or planted on an individual burial site; and
(f) compliance with provisions of this title and other governing provisions of law; and
(2) establish a record keeping system, including a secure backup of those records that is regularly updated.
Enacted by Chapter 194, 2014 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 1 - General Provisions › Section 101 - Title.

Effective 5/5/2021
9-1-101.
Title.
(1) This title is known as "Cultural and Community Engagement."
(2) This chapter is known as "General Policies and Administration of the Department of Cultural and Community Engagement."
Amended by Chapter 184, 2021 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/5/2021
9-1-102.
Definitions.
As used in this title:
(1) "Department" means the Department of Cultural and Community Engagement.
(2) "Executive director" means the executive director of the Department of Cultural and Community Engagement.
(3)
(a) "Pass-through funding" means funding from an appropriation by the Legislature to a state agency that is intended to be passed through the state agency to:
(i) a government or local government entity;
(ii) a private entity, including a not-for-profit entity; or
(iii) a person in the form of a loan or a grant.
(b) The funding may come from general funds, federal funds, dedicated credits, or a combination of funding sources.
(4) "STEM" means science, technology, engineering, and mathematics.
Amended by Chapter 184, 2021 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 201.1 - Executive director of department -- Appointment -- Removal -- Compensation.

Effective 5/12/2020
9-1-201.1.
Executive director of department -- Appointment -- Removal -- Compensation.
(1) The department shall be directed, organized, and managed by an executive director appointed by the governor with the advice and consent of the Senate.
(2) The executive director serves at the pleasure of the governor.
(3) The salary of the executive director shall be established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 201.2 - Organization of department -- Jurisdiction of executive director.

9-1-201.2.
Organization of department -- Jurisdiction of executive director.
The executive director:
(1) may organize the department in any fashion considered appropriate, unless otherwise expressly provided by statute; and
(2) may consolidate personnel and service functions to effectuate efficiency and economy within the department.
Enacted by Chapter 212, 2012 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 202 - Cooperation with other agencies and organizations.

9-1-202.
Cooperation with other agencies and organizations.
In carrying out the provisions and purposes of this title, the department shall cooperate with, and make use of, the facilities and services of existing private or public agencies, corporations, persons, companies, or organizations to the fullest extent possible, and all state agencies, bureaus, or departments within their capabilities shall render full and complete cooperation to the department.
Renumbered and Amended by Chapter 241, 1992 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 203 - Compliance with Administrative Procedures Act.

9-1-203.
Compliance with Administrative Procedures Act.
The department and all of its divisions, boards, offices, bureaus, commissions, and other entities shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 208 - Annual report -- Content -- Format.

Effective 5/13/2014
9-1-208.
Annual report -- Content -- Format.
(1) The department shall prepare and submit to the governor and the Legislature, by October 1 of each year, an annual written report of the operations, activities, programs, and services of the department, including its divisions, offices, boards, commissions, councils, and committees, for the preceding fiscal year.
(2) For each operation, activity, program, or service provided by the department, the annual report shall include:
(a) a description of the operation, activity, program, or service;
(b) data selected and used by the department to measure progress, performance, and scope of the operation, activity, program, or service, including summary data;
(c) budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service;
(d) historical data from previous years for comparison with data reported under Subsections (2)(b) and (c);
(e) goals, challenges, and achievements related to the operation, activity, program, or service;
(f) relevant federal and state statutory references and requirements;
(g) contact information of officials knowledgeable and responsible for each operation, activity, program, or service; and
(h) other information determined by the department that:
(i) may be needed, useful, or of historical significance; or
(ii) promotes accountability and transparency for each operation, activity, program, or service with the public and elected officials.
(3) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the Legislature.
(4) The department shall:
(a) submit the annual report in accordance with Section 68-3-14; and
(b) make the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the department's website.
Enacted by Chapter 371, 2014 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 209 - Cultural and Community Engagement Foundation Fund.

Effective 5/5/2021
9-1-209.
Cultural and Community Engagement Foundation Fund.
(1) As used in this section, "fund" means the Cultural and Community Engagement Foundation Fund created in this section.
(2) There is created an expendable special revenue fund known as the "Cultural and Community Engagement Foundation Fund."
(3) The executive director shall administer the fund.
(4) Money may be deposited into the fund from a variety of sources, including transfers, grants, private foundations, individual donors, gifts, bequests, legislative appropriations, and money made available from any other source.
(5) Money collected by the Cultural and Community Engagement Foundation described in Subsections 9-1-201(3)(b) and (5) shall be deposited into the fund.
(6) Any portion of the fund may be treated as an endowment fund such that the principal of that portion of the fund is held in perpetuity on behalf of the department.
(7) The state treasurer shall invest the money in the fund according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived from those investments shall be deposited into the fund.
(8) The executive director may expend money from the fund for any of the purposes described in this title.
Amended by Chapter 64, 2021 General Session
Amended by Chapter 184, 2021 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 210 - Intergenerational poverty mitigation reporting.

Effective 5/4/2022
9-1-210.
Intergenerational poverty mitigation reporting.
(1) As used in this section:
(a) "Cycle of poverty" means the same as that term is defined in Section 35A-9-102.
(b) "Intergenerational poverty" means the same as that term is defined in Section 35A-9-102.
(2) On or before October 1 of each year, the department shall provide an annual report to the Department of Workforce Services for inclusion in the intergenerational poverty report described in Section 35A-9-202.
(3) The report shall:
(a) describe policies, procedures, and programs that the department has implemented or modified to help break the cycle of poverty and end welfare dependency for children in the state affected by intergenerational poverty; and
(b) contain recommendations to the Legislature on how to address issues relating to breaking the cycle of poverty and ending welfare dependency for children in the state affected by intergenerational poverty.
Enacted by Chapter 36, 2022 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 1 - General Policies and Administration of the Department of Cultural and Community Engagement › Part 2 - Department of Cultural and Community Engagement › Section 211 - Nonprofit Capacity Grant Program.

Effective 1/1/2024
9-1-211.
Nonprofit Capacity Grant Program.
(1) As used in this section, "nonprofit support organization" means a nonprofit organization that:
(a) is organized under the Utah Revised Nonprofit Corporation Act; and
(b) provides the following support for nonprofit organizations located in the state:
(i) building operational capacity;
(ii) improving the delivery of essential services in the state;
(iii) providing professional training;
(iv) providing technical support; or
(v) encouraging collaboration with other nonprofit organizations, industry, and government agencies.
(2)
(a) There is created within the department the Nonprofit Capacity Grant Program.
(b) The purpose of the program is to provide grants to nonprofit support organizations.
(3)
(a) A nonprofit support organization that submits a proposal for a grant to the department shall include details in the proposal regarding:
(i) the nonprofit support organization's name;
(ii) information about the nonprofit support organization's activities and purpose;
(iii) the nonprofit support organization's budget;
(iv) plans for sustaining the nonprofit support organization beyond the grant period;
(v) specific proposals for how the nonprofit support organization would use the grant; and
(vi) other information the department determines necessary to evaluate the proposal.
(b) When evaluating a proposal for a grant, the department shall consider:
(i) the grant amount requested;
(ii) the extent to which the proposal advances the goals described in Subsection (1)(b);
(iii) the extent to which any additional funding sources or existing or planned partnerships may benefit the proposal; and
(iv) the viability of the proposal.
(4) Subject to Subsection (3), the department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish:
(a) eligibility criteria for a grant;
(b) the form and process for submitting a proposal to the department for a grant;
(c) the process and criteria for determining the priority of applications received;
(d) the formula and method for determining a grant amount; and
(e) reporting requirements for a grant recipient.
Enacted by Chapter 513, 2023 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
9-6-102.
Definitions.
As used in this chapter:
(1) "Arts" means the various branches of creative human activity, including visual arts, film, performing arts, sculpture, literature, music, theater, dance, digital arts, video-game arts, and cultural vitality.
(2) "Arts board" means the Utah Arts Advisory Board created in Section 9-6-301.
(3) "Development" includes:
(a) constructing, expanding, or repairing a museum or other facility that houses arts or cultural presentations;
(b) providing for public information, preservation, and access to museums, the arts, and the cultural heritage of the state; and
(c) supporting the professional development of artists, cultural administrators, and cultural leaders within the state.
(4) "Director" means the director of the Division of Arts and Museums.
(5) "Division" means the Division of Arts and Museums.
(6) "Museum" means an organized and permanent institution that:
(a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit organization;
(b) has an educational or aesthetic purpose;
(c) owns or curates a tangible collection; and
(d) exhibits the collection to the public on a regular schedule.
(7) "Museums board" means the Utah Museums Advisory Board created in Section 9-6-305.
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 2 - Division of Arts and Museums › Section 201 - Division of Arts and Museums -- Creation -- Powers and duties.

Effective 5/12/2020
9-6-201.
Division of Arts and Museums -- Creation -- Powers and duties.
(1) There is created within the department the Division of Arts and Museums under the administration and general supervision of the executive director or the designee of the executive director.
(2) The division shall:
(a) advance the interests of arts and museums in the state in all stages of development;
(b) promote and encourage the development of arts and culture in the state;
(c) support the efforts of state and local government and nonprofit arts, museums, and cultural organizations to encourage the development of arts, museums, and culture in the state;
(d) provide assistance to museums in the state to improve museums' ability to:
(i) care for and manage collections;
(ii) develop quality educational resources such as exhibitions, collections, and publications;
(iii) provide access to collections for research; and
(iv) provide other services as needed;
(e) assist arts and museum organizations in the state in cultural development as needed;
(f) cooperate with federal agencies and locally sponsor federal projects directed to the development of arts, museums, and culture in the state;
(g) develop the influence of arts in education and life-long learning;
(h) cooperate with the private sector, including businesses, charitable interests, educational interests, manufacturers, agriculturalists, and industrialists in arts, museums, and cultural endeavors;
(i) disseminate information related to arts, museums, and culture by utilizing broadcast media and print media;
(j) foster, promote, encourage, and facilitate the study, creation, and appreciation of the arts, museums, and culture in the state;
(k) foster, promote, encourage, and facilitate, the study, creation, and appreciation of the works of indigenous artists in the state;
(l) advise state and local government agencies and employees regarding arts and museums related issues, including arts and museums capital development projects;
(m) provide technical advice and information about sources of technical assistance to arts, museums, and cultural organizations in the state;
(n) develop, coordinate, and support programs, workshops, seminars, and similar activities that provide training for staff members of arts, museums, and cultural organizations in the state;
(o) undertake research to understand the training needs of the arts, museums, and cultural organizations community and assess how those needs can be met;
(p) administer grant programs to assist eligible arts, museums, and cultural organizations in the state; and
(q) create strategic partnerships to advance the development of arts, museums, and cultural organizations in the state.
Amended by Chapter 154, 2020 General Session
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 2 - Division of Arts and Museums › Section 202 - Division director.

Effective 5/12/2020
9-6-202.
Division director.
(1) The chief administrative officer of the division shall be a director appointed by the executive director in consultation with the arts board and the museums board.
(2) The director shall be a person experienced in administration and knowledgeable about the arts and museums.
(3) In addition to the division, the director is the chief administrative officer for:
(a) the Utah Arts Advisory Board created in Section 9-6-301; and
(b) the Utah Museums Advisory Board created in Section 9-6-305.
Amended by Chapter 154, 2020 General Session
Amended by Chapter 419, 2020 General Session
2023 Utah Code › Title 9 - Cultural and Community Engagement › Chapter 6 - Arts and Museums Development › Part 2 - Division of Arts and Museums › Section 203 - Division powers relating to property.

Effective 5/12/2020
9-6-203.
Division powers relating to property.
(1) The division may:
(a) take by purchase, grant, gift, donation, devise, or bequest, any property, real or personal, for any purpose appropriate to the objectives of the division; and
(b) convert property received by gift, grant, donation, devise, or bequest that is not suitable for the objectives of the division, into other available property or into money.
(2) The property received or converted under Subsection (1) shall be held, invested, and managed and the proceeds used by the division for the purposes and under the conditions prescribed in the grant or donation.
(3) If by the terms of any grant, gift, donation, devise, or bequest, conditions are imposed that are impracticable under the law, the grant or donation does not fail but the unlawful or impracticable conditions shall be rejected and the intent of the grantor or donor shall be reasonably carried out as determined by the division.
(4) A grant, gift, donation, devise, or bequest for the benefit of the division may not be defeated or prejudiced by any misnomer, misdescription, or informality if the intention of the grantor or donor can be shown or ascertained with reasonable certainty as determined by the division.
Amended by Chapter 419, 2020 General Session