reglab/statecodes huggingface dataset:
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 1 - General Provisions › Section 4 - Transmitting certified instruments -- Burden of proof.

69-1-4.
Transmitting certified instruments -- Burden of proof.
Except as hereinbefore otherwise provided, any instrument in writing, duly certified under his hand and official seal by a notary public, commissioner of deeds or clerk of a court of record to be genuine to the personal knowledge of such officer, may, together with such certificate, be sent by telegraph or telephone. The telegraphic or telephonic copy thereof shall, prima facie only, have the same force, effect and validity in all respects as the original, and the burden of proof shall be on the party denying the genuineness or due execution of the original.
No Change Since 1953
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 1 - General Provisions › Section 101 - Title.

Effective 1/1/2021
69-2-101.
Title.
This chapter is known as "Emergency Service and Prepaid Wireless Telecommunications Service."
Amended by Chapter 294, 2020 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 2 - Public Safety Answering Points and Dispatch Centers › Section 202 - Agreement between Department of Public Safety and public safety answering point for dispatch services -- Agreement for improving dispatch services.

Effective 5/12/2020
69-2-202.
Agreement between Department of Public Safety and public safety answering point for dispatch services -- Agreement for improving dispatch services.
(1) A public safety answering point shall, before providing dispatch services to the Department of Public Safety:
(a) enter into a written agreement with the Department of Public Safety for providing dispatch services that specifies:
(i) the scope of the services that the public safety answering point will provide; and
(ii) the rate that the public safety answering point will charge the Department of Public Safety for dispatch services; and
(b) submit a copy of the agreement to:
(i) the director of the Utah Communications Authority; and
(ii) the commissioner of the Department of Public Safety.
(2) The Department of Public Safety shall, before providing dispatch services to a public agency as a public safety answering point:
(a) enter into a written agreement with the public agency for providing dispatch services that specifies:
(i) the scope of the services that the Department of Public Safety will provide; and
(ii) the rate that the Department of Public Safety will charge the public agency for dispatch services; and
(b) submit a copy of the agreement to:
(i) the director of the Utah Communications Authority; and
(ii) the commissioner of the Department of Public Safety.
(3)
(a) As used in this Subsection (3), "single answering point" means a public safety answering point that is the single public safety answering point serving within a county.
(b) No later than December 31, 2020, the Department of Public Safety and a single answering point shall enter into an agreement:
(i) to reduce or eliminate 911 call transfers, reduce 911 call response time, implement a successful CAD-to-CAD call handling system, and increase the efficiency of the dispatch services, within the geographical area served by the single answering point; or
(ii) providing for the single answering point to provide dispatch services to the Department of Public Safety within the geographical area served by the single answering point.
Amended by Chapter 368, 2020 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 2 - Public Safety Answering Points and Dispatch Centers › Section 203 - Audit of public safety answering points within a county -- Reports -- Consequence of failure to comply.

Effective 5/3/2023
69-2-203.
Audit of public safety answering points within a county -- Reports -- Consequence of failure to comply.
(1) A county that by June 30, 2024, has not achieved a transfer rate, as defined in Section 69-2-204, of 2% or less shall:
(a) utilize a qualified third party to conduct an audit of each public safety answering point within the county; and
(b) require the audit to be completed no later than January 1, 2025.
(2) The audit described in Subsection (1) shall evaluate:
(a) how best to provide the emergency services within the county;
(b) what needs to happen for the PSAPs within the county to achieve a transfer rate, as defined in Section 69-2-204, of 2% or less;
(c) whether the county could provide more cost efficient emergency service or improve public safety by establishing a single public safety answering point for the county; and
(d) the extent to which the dispatch center's policies, procedures, or interlocal agreements cause a PSAP to experience difficulty in meeting the requirements of Section 63H-7a-304.5.
(3)
(a) Each public safety answering point shall participate and cooperate in the audit described in Subsection (1).
(b) A public safety answering point that fails to participate and cooperate in the audit as described in Subsection (1) is ineligible for funding or services provided by the Unified Statewide 911 Emergency Services Account described in Section 63H-7a-304.
(4) No later than February 28, 2025, a county required to have an audit conducted under Subsection (1) shall submit to the Utah Communications Authority:
(a) a copy of the audit report; and
(b) a written plan of how and when the county will implement the audit recommendations.
(5) A PSAP in a county that fails to comply with the requirements of this section does not qualify for a distribution of funds under Section 63H-7a-304.5 for the entire calendar year in which the PSAP does not qualify.
Amended by Chapter 507, 2023 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 2 - Public Safety Answering Points and Dispatch Centers › Section 204 - Public safety answering point 911 call transfer rate requirements.

Effective 5/3/2023
69-2-204.
Public safety answering point 911 call transfer rate requirements.
(1) As used in this section:
(a) "Fiscal year" means the period from July 1 of one year to June 30 of the following year.
(b)
(i) "Transfer rate" means the percentage of 911 calls that are:
(A) received by a public safety answering point during a fiscal year; and
(B) transferred to another location in the state.
(ii) "Transfer rate" does not include transfers from a public safety answering point to 988 services or poison control.
(2) Subject to Subsection (3), a public safety answering point shall maintain a transfer rate that is no more than 2%.
(3) A public safety answering point with a transfer rate for the fiscal year ending June 30, 2020, that is greater than 2% shall:
(a) for the fiscal year ending June 30, 2021, reduce the public safety answering point's transfer rate to at least 5% less than the transfer rate for the fiscal year ending June 30, 2020;
(b) for the fiscal year ending June 30, 2022, reduce the public safety answering point's transfer rate:
(i) to at least 15% less than the transfer rate for the fiscal year ending June 30, 2020; or
(ii) to at least 10% less than the transfer rate for the fiscal year ending June 30, 2021; and
(c) for the fiscal year ending June 30, 2023, reduce the public safety answering point's transfer rate to no more than 5%.
Amended by Chapter 507, 2023 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 3 - Funding for 911 Emergency Service › Section 301 - Public safety answering point -- 911 emergency service account -- Permitted uses of funds.

Effective 7/1/2017
69-2-301.
Public safety answering point -- 911 emergency service account -- Permitted uses of funds.
(1) A public safety answering point shall maintain in a separate emergency telecommunications service fund any funds dispersed to the public safety answering point from the commission under Section 69-2-302, from proceeds of the 911 emergency services charge levied under Section 69-2-402.
(2) A public safety answering point may expend the money in the emergency telecommunications service fund described in Subsection (1) to pay the costs of:
(a) establishing, installing, maintaining, and operating a 911 emergency service system;
(b) receiving and processing emergency communications from the 911 system or other communications or requests for emergency services;
(c) integrating a 911 emergency service system into an established public safety answering point, including contracting with an access line provider or a vendor of appropriate terminal equipment as necessary to implement the 911 emergency services; or
(d) indirect costs associated with the maintaining and operating of a 911 emergency services system.
(3) A public safety answering point may expend revenue derived from the emergency telecommunications service fund described in Subsection (1) for personnel costs associated with receiving and processing communications and deploying emergency response resources.
(4) Any unexpended funds at the end of a fiscal year in a public safety answering point's emergency telecommunications service fund described in Subsection (1) do not lapse.
Enacted by Chapter 430, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 3 - Funding for 911 Emergency Service › Section 302 - Distribution of 911 emergency service charge revenue.

Effective 7/1/2017
69-2-302.
Distribution of 911 emergency service charge revenue.
(1) As used in this section:
(a) "Proportional distribution" means the amount of a public safety answering point's proportion of 911 emergency service charge revenue calculated under Subsection (3).
(b) "Proportion of total call volume" means the number of 911 emergency communications that a public safety answering point receives in a year divided by the number of total 911 emergency communications for the state for the year.
(2) The commission shall transmit funds collected under Section 69-2-402 each month to a public safety answering point as follows:
(a) for fiscal years 2018 and 2019 only, an amount equal to the greater of:
(i) the amount of 911 emergency service charge revenue distributed to the public safety answering point for the same month in fiscal year 2017; or
(ii) the public safety answering point's proportional distribution for the month; and
(b) for a fiscal year after fiscal year 2019, the public safety answering point's proportional distribution for the month.
(3) A public safety answering point's proportion of 911 emergency service charge revenue is an amount equal to the total funds collected under Section 69-2-402 for the current month multiplied by the average proportion of total call volume for the public safety answering point over the three years previous to the current year.
(4)
(a) For the purpose of the calculation described in Subsection (3), the Utah Communications Authority shall determine for each year:
(i) the number of total 911 emergency communications for the state;
(ii) the number of 911 emergency communications received by each public safety answering point; and
(iii) the average per year, over the last three years before the current year, of total 911 emergency communications for the state and 911 emergency communications received by each public safety answering point in the state.
(b) The Utah Communications Authority shall report the numbers described in Subsection (4)(a) to the commission on or before January 15 of each year.
Enacted by Chapter 430, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 4 - Prepaid Wireless Telecommunications Service Charges › Section 401 - State Tax Commission -- Administration of 911 emergency service charges.

Effective 7/1/2017
69-2-401.
State Tax Commission -- Administration of 911 emergency service charges.
(1) The commission shall collect, enforce, and administer the charges levied under this part using the same procedures used in the administration, collection, and enforcement of state sales and use taxes under:
(a)Title 59, Chapter 1, General Taxation Policies; and
(b)Title 59, Chapter 12, Part 1, Tax Collection, except for:
(i) Section 59-12-104;
(ii) Section 59-12-104.1;
(iii) Section 59-12-104.2;
(iv) Section 59-12-104.6;
(v) Section 59-12-107.1; and
(vi) Section 59-12-123.
(2) The commission shall act on a provider that is delinquent in remitting a charge levied under this part in accordance with Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act.
(3) The commission may determine by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements and procedures for administering, collecting, and enforcing the charges levied under this part.
(4) The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the funds that the commission collects from the charges levied under this part.
(5) The charges levied under this part are subject to Section 69-2-303.
Enacted by Chapter 430, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 4 - Prepaid Wireless Telecommunications Service Charges › Section 404 - Radio network charge to fund the Utah Statewide Radio System Restricted Account.

Effective 7/1/2022
69-2-404.
Radio network charge to fund the Utah Statewide Radio System Restricted Account.
(1) As used in this section, "radio network charge" means the radio network charge imposed under Subsection (2).
(2)
(a) Subject to Subsection (6), there is imposed on each access line in the state a radio network charge of:
(i) on and after July 1, 2017, and before January 1, 2018, 18 cents per month;
(ii) on and after January 1, 2018, and before January 1, 2025, 52 cents per month; and
(iii) on and after January 1, 2025, and before July 1, 2033, 27 cents per month.
(b) An access line is within the state for the purposes of Subsection (2)(a) if the telecommunications services provided over the access line are located within the state:
(i) for the purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax Act; and
(ii) as determined in accordance with Section 59-12-215.
(3)
(a) The person that provides service to an access line shall bill and collect the radio network charge.
(b) A person that bills and collects the radio network charge shall pay the radio network charge to the commission:
(i) monthly on or before the last day of the month immediately following the last day of the previous month if:
(A) the person is required to file a sales and use tax return with the commission monthly under Section 59-12-108; or
(B) the person is not required to file a sales and use tax return under Title 59, Chapter 12, Sales and Use Tax Act; or
(ii) quarterly on or before the last day of the month immediately following the last day of the previous quarter if the person is required to file a sales and use tax return with the commission quarterly under Section 59-12-107.
(c) If an access line user is not required to pay for the access line, the access line provider shall collect the radio network charge from the person that is required to pay for the access line.
(d) The person that bills and collects a radio network charge:
(i) shall remit the radio network charge along with a form prescribed by the commission; and
(ii) may bill the radio network charge in combination with the charges levied under Sections 69-2-402 and 69-2-403 as one line item charge for 911 emergency service.
(4) The commission shall deposit any radio network charge remitted to the commission into the Utah Statewide Radio System Restricted Account created in Section 63H-7a-403.
(5) An access line provider that fails to comply with this section is subject to penalties and interest as provided in Sections 59-1-401 and 59-1-402.
(6) The state may impose, bill, and collect the radio network charge under this section on a mobile telecommunications service only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
Amended by Chapter 435, 2022 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 5 - Liability and Immunity › Section 501 - Jurisdiction and employee immunity.

Effective 7/1/2017
69-2-501.
Jurisdiction and employee immunity.
(1) In implementing 911 emergency service, any public agency and public safety agency shall cooperate in establishing and providing 911 emergency service.
(2) Any employee of any public safety agency which is a participant in 911 emergency service may respond and take any action to any call whether within or without the authorized territorial jurisdiction of the public safety agency.
(3) In response to an emergency communication, an employee of a public safety agency shall have the same immunity for any acts performed in the line of duty outside the public safety agency's authorized jurisdiction as the public safety agency employee has within the public safety agency's authorized jurisdiction.
(4) No cause of action is created by any incorrect dispatch or response by any system or any public safety agency or by reason of elapsed response time.
Renumbered and Amended by Chapter 430, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 5 - Liability and Immunity › Section 502 - Limitation of duties and liabilities.

Effective 7/1/2017
69-2-502.
Limitation of duties and liabilities.
Except as provided in Section 69-2-503, nothing contained in this chapter imposes any duties or liabilities beyond those otherwise specified by law upon any provider of local exchange service, radio communications service, voice over Internet protocol service, or terminal equipment needed to implement 911 emergency service and the Utah statewide radio system and public safety communication network, created in Title 63H, Chapter 7a, Utah Communications Authority Act.
Renumbered and Amended by Chapter 430, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 2 - Emergency Service and Prepaid Wireless Telecommunications Service › Part 5 - Liability and Immunity › Section 503 - Liabilities of providers.

Effective 7/1/2017
69-2-503.
Liabilities of providers.
(1) A provider of local exchange service, radio communications service, or voice over Internet protocol service may by tariff or agreement with a customer provide for the customer's release of any claim, suit, or demand against the provider based upon a disclosure or a nondisclosure of an unlisted or nonpublished telephone number and address, and the related address, if a call for any 911 emergency service is made from the customer's telephone.
(2) A provider of local exchange service, radio communications service, voice over Internet protocol service, or telephone terminal equipment needed to implement or enhance 911 emergency service, and their employees and agents, are not liable for any damages in a civil action for injuries, death, or loss to person or property incurred as a result of any act or omission of the provider, employee, or agent, in connection with developing, adopting, implementing, maintaining, enhancing, or operating a 911 emergency service, except for damages or injury intentionally caused by or resulting from gross negligence of the provider or person.
Renumbered and Amended by Chapter 430, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 3 - Telecommunication Towers and Related Facilities › Section 1 - Authority to acquire sites -- Title.

69-3-1.
Authority to acquire sites -- Title.
The state, counties, cities, and towns may create or acquire sites to accommodate the erection of telecommunication towers and related facilities. Title to these sites shall be retained by the state, county, city, or town acquiring such sites in order to promote the location of such towers in a manageable area and to protect the aesthetics and environment of the area.
Enacted by Chapter 95, 1986 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 3 - Telecommunication Towers and Related Facilities › Section 2 - Acquisition of sites by eminent domain.

69-3-2.
Acquisition of sites by eminent domain.
The state, counties, cities, and towns may acquire land for the creation of such tower sites by eminent domain or otherwise.
Enacted by Chapter 95, 1986 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 3 - Telecommunication Towers and Related Facilities › Section 3 - Use of sites.

69-3-3.
Use of sites.
The state, county, city, or town after acquiring a site shall permit the public use of such site subject to the following conditions:
(1) the facilities and access roads are designed and constructed so as to minimally disturb the natural terrain;
(2) the owner of any tower on such site agrees to accommodate the multiple use of the tower where feasible; and
(3) the owner of any tower agrees to pay to the state, county, city, or town, as the case may be, the fair market rental value for the use of the site.
Enacted by Chapter 95, 1986 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 3 - Telecommunication Towers and Related Facilities › Section 4 - Grandfather clause.

69-3-4.
Grandfather clause.
This chapter shall not affect the use, operation, expansion, or construction of towers and related facilities on property owned by telecommunication companies as of January 1, 1986.
Enacted by Chapter 95, 1986 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 4 - Telecommunication Network Review › Section 1 - Telecommunication network review.

Effective 5/8/2018
69-4-1.
Telecommunication network review.
(1) Before the creation, expansion, or upgrade of a state-owned or state-funded telecommunication network, whether voice, data, or video transmission, the agency or entity proposing any change shall submit a plan to the governor detailing the proposed changes.
(2) If, after consultation with the agency or entity it is the opinion of the governor that implementation of the plan would result in significant impact on telephone ratepayers, the governor shall direct the Public Service Commission to prepare an advisory report detailing how implementing the plan will affect telephone ratepayers where the plan would be in effect.
(3) The Public Service Commission shall complete and provide the advisory report to the governor, the agency or entity involved, and the Public Utilities, Energy, and Technology Interim Committee within 60 days after receiving the governor's request.
Amended by Chapter 32, 2018 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 5 - Enhanced 911 for Multi-line Telephones › Part 1 - General Provisions › Section 101 - Title.

Effective 5/9/2017
69-5-101.
Title.
This chapter is known as "Enhanced 911 for Multi-Line Telephones."
Enacted by Chapter 200, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 5 - Enhanced 911 for Multi-line Telephones › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/9/2017
69-5-102.
Definitions.
As used in this chapter:
(1) "Lodging establishment" means the same as that term is defined in Section 29-2-102.
(2) "Multi-line telephone system" means a network- or premises-based telephone system installed at an end-use location that uses common control units, common telephones, and common control hardware and software to provide a connection to the public switched network to multiple end-users at the end-use location.
Enacted by Chapter 200, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 5 - Enhanced 911 for Multi-line Telephones › Part 2 - Requirements for a Multi-Line Telephone System Owner or Operator › Section 201 - Applicability.

Effective 5/9/2017
69-5-201.
Applicability.
An owner or operator of a multi-line telephone system is required to comply with this chapter if, after July 1, 2017, the owner:
(1) upgrades an existing multi-line telephone system; or
(2) installs a new multi-line telephone system.
Enacted by Chapter 200, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 5 - Enhanced 911 for Multi-line Telephones › Part 2 - Requirements for a Multi-Line Telephone System Owner or Operator › Section 202 - Location identification information shared with public safety answering point.

Effective 5/9/2017
69-5-202.
Location identification information shared with public safety answering point.
An owner or operator of a multi-line telephone system shall configure the multi-line telephone system in such a manner that, when an individual makes a 911 call using the multi-line telephone system, the multi-line telephone system automatically provides the public safety answering point that receives the call verified automated number information and automated location information that includes:
(1) the street address, and, if applicable, the business name, of the location of the communications device from which the call is made;
(2) the direct call-back telephone number for the location from which the call is made;
(3) any applicable office, unit, or building number of the location from which the call is made;
(4) the room number, or other equivalent designation, of the location from which the call is made; and
(5)
(a) if the multi-line telephone system operates for a multi-story building, the building floor from which the call is made; and
(b) if the multi-line telephone system operates for two or more buildings:
(i) the building number, or other equivalent designation, of the location from which the call is made; and
(ii) the building floor from which the call is made.
Enacted by Chapter 200, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 5 - Enhanced 911 for Multi-line Telephones › Part 2 - Requirements for a Multi-Line Telephone System Owner or Operator › Section 203 - Emergency location information for a lodging establishment.

Effective 5/9/2017
69-5-203.
Emergency location information for a lodging establishment.
A lodging establishment that owns or operates a multi-line telephone system shall configure the multi-line telephone system in such a manner that, when an individual makes a 911 call through the multi-line telephone system, the multi-line telephone system will automatically:
(1) send the public safety answering point that receives the call:
(a) if the lodging establishment contains more than one occupied building, the building number, or other equivalent designation, of the location from which the call is made; and
(b) the room number, or other equivalent designation, from which the call is made; or
(2) connect the individual, the public safety answering point, and an individual that is designated by the lodging establishment to provide the public safety answering point:
(a) if the lodging establishment contains more than one occupied building, the building number, or other equivalent designation, of the location from which the call is made; and
(b) the room number, or other equivalent designation, of the location from which the call is made.
Enacted by Chapter 200, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 5 - Enhanced 911 for Multi-line Telephones › Part 2 - Requirements for a Multi-Line Telephone System Owner or Operator › Section 204 - Location database -- Updates.

Effective 5/9/2017
69-5-204.
Location database -- Updates.
(1) An owner or operator of a multi-line telephone system shall ensure that the multi-line telephone system has a location database that stores the information a multi-line telephone system is required to provide to a public safety answering point under this chapter that is accurately updated:
(a) as soon as practicable after the multi-line telephone system is installed; or
(b) within one business day of the completion of any changes to the physical characteristics of the facility where the multi-line telephone system is used or changes to the multi-line telephone system, not including changes incurred during an installation described in Subsection (1)(a).
(2) The information in a location database described in Subsection (1):
(a) is owned by the multi-line telephone system owner or operator that supplied the information; and
(b) except as required by state law, is not required to be shared with another person.
(3) A public safety answering point may not use the information supplied from a database described in Subsection (1) for a purpose other than to facilitate an emergency response to a 911 call.
Enacted by Chapter 200, 2017 General Session
2023 Utah Code › Title 69 - Telegraphic and Telephonic Transactions › Chapter 5 - Enhanced 911 for Multi-line Telephones › Part 2 - Requirements for a Multi-Line Telephone System Owner or Operator › Section 205 - Direct 911 dial for multi-line telephone systems -- Notice.

Effective 5/9/2017
69-5-205.
Direct 911 dial for multi-line telephone systems -- Notice.
(1) An owner or operator of a multi-line telephone system shall configure a multi-line telephone system in a manner that allows an individual to place a 911 call by dialing the digits 9-1-1 without an additional code, digit, prefix, postfix, or trunk-access code.
(2) A person that is exempt from this chapter under Section 69-5-201 that has not complied with Subsection (1) shall post, in a visible place within five feet of each telephone that is connected to the multi-line telephone system, a notice that:
(a) states that the phone may not be used to directly access 911 services by dialing 9-1-1;
(b) indicates how an individual may access 911 services through the telephone;
(c) is printed in contrasting colors in at least 16-point boldface type; and
(d) includes the following information for the location of the telephone:
(i) the street address, and, if applicable, the business name, of the location of the telephone;
(ii) any applicable office, unit, or building number of the location of the telephone; and
(iii) an applicable room number, or other equivalent designation, of the location of the telephone.
Enacted by Chapter 200, 2017 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 1 - General Provisions › Section 101 - Title.

70-3a-101.
Title.
This chapter is known as the "Registration and Protection of Trademarks and Service Marks Act."
Enacted by Chapter 318, 2002 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 1 - General Provisions › Section 102 - Relation to federal law.

70-3a-102.
Relation to federal law.
(1) This chapter shall be interpreted to provide for the registration and protection of trademarks and service marks in a manner substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, 15 U.S.C. Sec. 1051, et seq.
(2) In interpreting this chapter, a construction given the Trademark Act of 1946, 15 U.S.C. Sec. 1051, et seq., should be used as persuasive authority.
Enacted by Chapter 318, 2002 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 1 - General Provisions › Section 104 - Common law rights.

70-3a-104.
Common law rights.
This chapter does not adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Enacted by Chapter 318, 2002 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 2 - Division Powers and Duties › Section 201 - Rulemaking authority of division.

70-3a-201.
Rulemaking authority of division.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may by rule:
(1) pursuant to Subsection 70-3a-302(1), establish the filing requirements for an application for a registration of a mark;
(2) pursuant to Subsection 70-3a-303(2), establish what information in addition to the information contained in the application shall be submitted by an applicant for registration under Section 70-3a-302;
(3) pursuant to Subsection 70-3a-303(3), establish the requirements for an applicant or registrant to disclaim an unregistrable component of a mark that is otherwise registrable;
(4) pursuant to Section 70-3a-305, establish the filing requirements for an application to renew a registration of a mark; and
(5) establish the filing requirements for a filing under Section 70-3a-306.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 2 - Division Powers and Duties › Section 202 - Records.

70-3a-202.
Records.
The division shall keep for public examination a record of:
(1) all marks registered or renewed under this chapter; and
(2) all documents recorded under Section 70-3a-306.
Enacted by Chapter 318, 2002 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 2 - Division Powers and Duties › Section 203 - Fees.

70-3a-203.
Fees.
(1)
(a) A fee shall be determined by the division in accordance with the requirements of Section 63J-1-504, but may not exceed $250 annually for electronic registration of a mark in a single class.
(b) A person who pays the annual fee for the electronic registration of a mark may register additional classes for the same mark for an additional fee not to exceed $25 annually.
(2) A fee approved pursuant to this section shall be deposited in the Commerce Service Account created by Section 13-1-2.
Amended by Chapter 278, 2010 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 3 - Registration › Section 304 - Certification of registration.

70-3a-304.
Certification of registration.
(1) If an applicant fully complies with this chapter, the division shall:
(a) certify the registration; and
(b) provide to the applicant documentation that the registration is certified.
(2) The documentation described in Subsection (1) shall:
(a) be affixed to the application of the applicant; or
(b) include the information that is required to be in an application under Subsections 70-3a-302(1)(c)(i) through (iii).
(3) The following are admissible in evidence as competent and sufficient proof of the registration of the particular mark in any action or judicial proceeding in any court of this state:
(a) the documentation described in Subsection (1)(b) that is provided by the division; or
(b) a copy of the documentation described in Subsection (1)(b) if the copy is certified by the division.
(4) Documentation of the certification of an electronically registered mark shall be provided through the database created under Section 70-3a-501.
Amended by Chapter 258, 2008 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 3 - Registration › Section 305 - Duration and renewal.

70-3a-305.
Duration and renewal.
(1) The registration of a mark under this chapter expires five years after the date the division certifies the registration under Section 70-3a-304.
(2) A registration may be renewed for an additional five years from the date a registration expires if the registrant:
(a) files an application with the division:
(i) no sooner than six months before the expiration of the registration and no later than six months after the expiration of the registration; and
(ii) in accordance with the requirements made by rule by the division:
(A) pursuant to Section 70-3a-201; and
(B) consistent with this section; and
(b) pays a renewal fee determined by the division in accordance with Section 70-3a-203.
(3) If a registrant complies with this section, the registrant may renew a mark at the expiration of each five-year term.
(4)
(a) A registration in effect before May 6, 2002:
(i) shall continue in full force and effect for the registration's unexpired term; and
(ii) may be renewed by:
(A) filing an application for renewal with the division:
(I) within the time prescribed in Subsection (2)(a)(i); and
(II) in accordance with rules made by the division pursuant to Section 70-3a-201; and
(B) paying the required renewal fee determined by the division in accordance with Section 70-3a-203.
(b) If a registration in effect before May 6, 2002, is renewed in accordance with this Subsection (4), the registration shall be renewed for a term of five years.
(5) Any application for renewal under this chapter, whether a registration made under this chapter or a registration made under a prior Utah statute, shall include:
(a) a verified statement that the mark has been and is still in use; and
(b)
(i) a specimen showing actual use of the mark on or in connection with the goods or services; or
(ii) a verified statement that the mark has not changed.
Amended by Chapter 58, 2012 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 3 - Registration › Section 306 - Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.

70-3a-306.
Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.
(1)
(a) A mark and the mark's registration under this chapter is assignable with:
(i) the good will of the business in which the mark is used; or
(ii) that part of the good will of the business connected with the use of and symbolized by the mark.
(b) An assignment under this section:
(i) shall be:
(A) in writing; and
(B) properly executed; and
(ii) may be filed with the division by:
(A) filing a form provided by the division; and
(B) paying of a fee determined by the division in accordance with Section 70-3a-203.
(c) Upon the filing of an assignment, the division shall certify that the assignment has been filed.
(d) An assignment of any registration under this chapter is void as against any subsequent purchaser for valuable consideration without notice, unless the assignment is filed with the division:
(i) within three months after the date of the assignment; or
(ii) before the subsequent purchase.
(2) Any registrant or applicant may change the name of the person or business to whom the mark is issued or for whom an application is filed by:
(a) filing two copies of a certificate of change of name of the registrant or applicant with the division; and
(b) paying of a fee determined by the division in accordance with Section 70-3a-203.
(3)
(a) A person may file another instrument that relates to a mark registered or application pending under this chapter:
(i) in the discretion of the division; and
(ii) if the instrument is:
(A) in writing; and
(B) properly executed.
(b) An instrument that may be filed under this Subsection (3) includes:
(i) a license;
(ii) a security interest; or
(iii) a mortgage.
(4) An acknowledgment by the assignor or person whose interest in a mark is adversely effected by the instrument:
(a) is prima facie evidence of the execution of an assignment or other instrument; and
(b) when filed by the division, is prima facie evidence of execution of the assignment or other instrument.
Amended by Chapter 258, 2008 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 3 - Registration › Section 307 - Cancellation.

70-3a-307.
Cancellation.
(1) The division shall cancel, in whole or in part:
(a) a registration of mark for which the division receives a voluntary request for the registration's cancellation from:
(i) the registrant; or
(ii) the assignee of record;
(b) a registration of a mark:
(i) granted under this chapter; and
(ii) not renewed in accordance with the chapter;
(c) a registration of a mark for which a court of competent jurisdiction finds that:
(i) the registered mark has been abandoned;
(ii) the registrant is not the owner of the mark;
(iii) the registration was granted improperly;
(iv) the registration was obtained fraudulently;
(v) the mark is or has become the generic name for the goods or services, or a portion of the goods or services, for which the mark has been registered; or
(vi) subject to Subsection (2), the mark is so similar, as to be likely to cause confusion, mistake, or to deceive, to a mark:
(A) registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant; and
(B) not abandoned; or
(d) when a court of competent jurisdiction orders cancellation of a registration on any ground.
(2) Notwithstanding Subsection (1)(c)(vi), if the registrant proves the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this chapter may not be cancelled for that particular area of the state.
Enacted by Chapter 318, 2002 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 3 - Registration › Section 308 - Classification.

70-3a-308.
Classification.
(1)
(a) Except as provided in Subsection (1)(b), in administering this chapter, the division shall for the purposes of classifying:
(i) goods, use the general classes of goods designated in 37 C.F.R. 6.1; and
(ii) services, use the general classes of services designated in 37 C.F.R. 6.1.
(b) If the United States Patent and Trademark Office does not use the classifications described in Subsection (1)(a), to the extent practical, the classification of goods and services under this section should conform to the classification adopted by the United States Patent and Trademark Office.
(2) A single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used if it indicates the appropriate one or more classes of goods or services.
(3) When a single application includes goods or services that fall within multiple classes, the division may require payment of a fee for each class.
Enacted by Chapter 318, 2002 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 4 - Violations and Remedies › Section 401 - Fraudulent registration.

70-3a-401.
Fraudulent registration.
(1) A person is civilly liable to pay all damages resulting from a filing or registration under this chapter if:
(a) that person procures the filing or registration of any mark:
(i) for the person who procures the filing or registration; or
(ii) on behalf of another person; and
(b) the person who procures the filing or registration procures it by:
(i) knowingly making a false or fraudulent representation or declaration, orally or in writing; or
(ii) any other fraudulent means.
(2) Damages sustained as a result of a filing or registration described in Subsection (1) may be recovered:
(a) by or on behalf of the person injured by the filing or registration; and
(b) in any court of competent jurisdiction.
Enacted by Chapter 318, 2002 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 4 - Violations and Remedies › Section 402 - Infringement.

Superseded 7/1/2024
70-3a-402.
Infringement.
(1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil action brought by the registrant for any and all of the remedies provided in Section 70-3a-404, if that person:
(a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter:
(i) without the consent of the registrant; and
(ii) in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which that use is likely to cause confusion, mistake, or to deceive as to the source of origin, nature, or quality of those goods or services; or
(b) reproduces, counterfeits, copies, or colorably imitates any mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of goods or services.
(2) Under Subsection (1)(b), the registrant is not entitled to recover profits or damages unless the act described in Subsection (1)(b) has been committed with the intent:
(a) to cause confusion or mistake; or
(b) to deceive.
(3) In a civil action for a violation of Section 70-3a-309:
(a) the plaintiff may recover court costs and reasonable attorney fees; and
(b) the plaintiff may elect, at any time before final judgment is entered by the district court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just.
(4) Statutory damages awarded under Subsection (3)(b) are presumed to be $100,000 per domain name if there is a pattern and practice of infringements committed willfully for commercial gain.
Amended by Chapter 200, 2010 General Session
2023 Utah Code › Title 70 - Trademarks and Trade Names › Chapter 3a - Registration and Protection of Trademarks and Service Marks Act › Part 4 - Violations and Remedies › Section 402 - Infringement.

Effective 7/1/2024
70-3a-402.
Infringement.
(1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil action brought by the registrant for any and all of the remedies provided in Section 70-3a-404, if that person:
(a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter:
(i) without the consent of the registrant; and
(ii) in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which that use is likely to cause confusion, mistake, or to deceive as to the source of origin, nature, or quality of those goods or services; or
(b) reproduces, counterfeits, copies, or colorably imitates any mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of goods or services.
(2) Under Subsection (1)(b), the registrant is not entitled to recover profits or damages unless the act described in Subsection (1)(b) has been committed with the intent:
(a) to cause confusion or mistake; or
(b) to deceive.
(3) In a civil action for a violation of Section 70-3a-309:
(a) the plaintiff may recover court costs and reasonable attorney fees; and
(b) the plaintiff may elect, at any time before final judgment is entered by the court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just.
(4) Statutory damages awarded under Subsection (3)(b) are presumed to be $100,000 per domain name if there is a pattern and practice of infringements committed willfully for commercial gain.
Amended by Chapter 401, 2023 General Session