reglab/statecodes huggingface dataset:
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 104 - Reopening default judgments.

Effective 5/4/2022
39A-6-104.
Reopening default judgments.
(1) A default judgment rendered in any civil action against a service member during a period of state military service or within 30 days after termination of the state military service may be set aside if:
(a) it appears that the service member was prejudiced by reason of the service member's state military service in making a defense to the action;
(b) application by the service member or the service member's legal representative is made to the court rendering the judgment not later than 60 days after the termination of the service member's state military service; and
(c) the application provides enough facts that it appears that the defendant has a meritorious or legal defense to the action or some part of the action.
(2) Vacating, setting aside, or reversing any judgment because of any of the provisions of this chapter may not impair any right or title acquired by any bona fide purchaser for value under the judgment.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 105 - Stay of proceedings.

Effective 5/4/2022
39A-6-105.
Stay of proceedings.
(1) If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by the service member's state military service, the court may, on its own motion, stay the proceedings.
(2) The court may stay the proceedings if the service member or another individual on the service member's behalf makes a request in writing to the court, unless the court determines on the record that the ability of the plaintiff to pursue the action or the defendant to conduct a defense is not materially affected by reason of the service member's state military service.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 106 - Fines and penalties on contracts.

Effective 5/4/2022
39A-6-106.
Fines and penalties on contracts.
(1) If compliance with the terms of a contract is stayed pursuant to this chapter, a fine or penalty may not accrue by reason of failure to comply during the period of the stay.
(2) If a service member has not obtained a stay and a fine or penalty is imposed for nonperformance of an obligation, a court may relieve enforcement if the service member was in state military service when the penalty was incurred and the service member's ability to pay or perform was materially impaired.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 107 - Exercise of rights not to affect future financial transactions.

Effective 5/4/2022
39A-6-107.
Exercise of rights not to affect future financial transactions.
Application by a service member in state military service for, or receipt of, a stay, postponement, or suspension under the provisions of this chapter in the payment of any fine, penalty, insurance premium, or other civil obligation or liability may not be used for any of the following:
(1) a determination by any lender or other person that the service member is unable to pay any civil obligation or liability in accordance with its terms;
(2) with respect to a credit transaction between a creditor and a service member:
(a) a denial or revocation of credit by the creditor;
(b) a change by the creditor in the terms of an existing credit arrangement; or
(c) a refusal by the creditor to grant credit to the service member in substantially the amount or on substantially the terms requested; or
(3) an adverse report relating to the creditworthiness of the service member by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 108 - Stay of execution of judgment.

Effective 5/4/2022
39A-6-108.
Stay of execution of judgment.
Unless the court determines on the record that the ability of the service member to comply with the judgment or order entered or sought is not materially affected by reason of the service member's state military service, the court may, on its own motion, or upon application by the service member or another individual on the service member's behalf:
(1) stay the execution of any judgment or order entered against the service member, as provided in this chapter; and
(2) vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this chapter.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 109 - Duration of stays.

Effective 5/4/2022
39A-6-109.
Duration of stays.
(1) Any stay of any action, proceeding, attachment, or execution, ordered by any court under the provisions of this chapter may be ordered for the period of state military service plus 60 days after its termination or any part of that time period.
(2) If the service member in state military service is a codefendant with others, the plaintiff may, with leave of the court, proceed against the others.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 110 - Statutes of limitations affected by state military service.

Effective 5/4/2022
39A-6-110.
Statutes of limitations affected by state military service.
The period of state military service is not included in computing any period limited by law, rule, or order for the bringing of any action or proceeding in any court, board, bureau, commission, department, or other agency of government by or against any individual in state military service or by or against the service member's heirs, executors, administrators, or assigns, whether the cause of action or the right or privilege to institute the action or proceeding has accrued prior to or during the period of state military service.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 111 - Maximum rate of interest.

Effective 5/4/2022
39A-6-111.
Maximum rate of interest.
An obligation or liability bearing interest at a rate in excess of six percent per year incurred by a service member in state military service before the service member's entry into state military service may not, during any part of the period of state military service, bear interest at a rate in excess of six percent per year unless, in the opinion of the court and upon application to the court by the obligee, the ability of the service member to pay interest upon the obligation or liability at a rate in excess of six percent per year is not materially affected by reason of the service member's service. The court may make any order in the action that, in the court's opinion, is just.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 112 - Dependent benefits.

Effective 5/4/2022
39A-6-112.
Dependent benefits.
Dependents of a service member in state military service are entitled to the benefits accorded to service members in state military service under the provisions of Sections 39A-6-113 through 39A-6-117 upon application to a court, unless, in the opinion of the court, the ability of the dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the state military service of the service member upon whom the applicants are dependent.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 113 - Eviction or distress of dependents.

Effective 5/4/2022
39A-6-113.
Eviction or distress of dependents.
(1) A landlord may not evict or take and hold property of a service member or the service member's dependents for nonpayment of rent during the period of state military service if the rent on the premises occupied by the service member or the service member's dependents is less than $2,400 per month unless a court allows it after application to the court and an order granted in an action or proceeding affecting the right of possession.
(2) In any action affecting the right of possession, the court may, on its own motion, stay the proceedings for not longer than three months, or make any order the court determines to be reasonable and just under the circumstances, unless the court finds that the ability of the tenant to pay the agreed rent is not materially affected by reason of the service member's state military service.
(3) When a stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application, to relief with respect to the premises similar to that granted service members in military service in Sections 39A-6-114 through 39A-6-116 to the extent and for any period as the court determines to be just and reasonable under the circumstances.
(4) Any person who knowingly takes part in any eviction or distress otherwise than as provided in Subsection (1), or attempts to do so, is guilty of a class B misdemeanor.
(5) The governor is empowered to order an allotment of the pay of a service member in state military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by any dependents of the service member.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 114 - Installment contracts.

Effective 5/4/2022
39A-6-114.
Installment contracts.
(1) The creditor of a service member who, prior to entry into state military service, has entered into an installment contract for the purchase of real or personal property may not terminate the contract or repossess the property for nonpayment or any breach occurring during military service without an order from a court of competent jurisdiction.
(2) The court, upon application to it under this section, may, unless the court finds on the record that the ability of the service member to comply with the terms of the contract is not materially affected by reason of the service member's state military service:
(a) order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(b) order a stay of the proceedings on the court's own motion, or on motion by the service member or another individual on the service member's behalf; or
(c) make any other disposition of the case the court considers to be equitable to conserve the interests of all parties.
(3) Any person who knowingly repossesses property which is the subject of this section other than as provided in Subsection (1) is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 115 - Mortgage foreclosures.

Effective 5/4/2022
39A-6-115.
Mortgage foreclosures.
(1) The creditor of a service member who entered into a mortgage contract with the service member or the service member's dependent for the purchase of real or personal property prior to the service member's entry into state military service may not foreclose on the mortgage or repossess the property for nonpayment or any breach occurring during the service member's state military service without an order from a court of competent jurisdiction.
(2) The court, upon an application under this section, may, unless the court finds on the record that the ability of the service member to comply with the terms of the mortgage is not materially affected by reason of the service member's state military service:
(a) order repayment of any prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(b) order a stay of the proceedings on the court's own motion, or on motion by the service member or another individual on the service member's behalf; or
(c) make any other disposition of the case as the court considers to be equitable to conserve the interests of all parties.
(3) In order to come within the provisions of this section, the service member or dependent shall establish the following:
(a) that relief is sought on an obligation secured by a mortgage, trust deed, or other security in the nature of a mortgage on either real or personal property;
(b) that the obligation originated prior to the service member's entry into state military service;
(c) that the property was owned by the service member or the service member's dependent prior to the commencement of state military service; and
(d) that the property is still owned by the service member or the service member's dependent at the time relief is sought.
(4) Any person who knowingly forecloses on property which is the subject of this section other than as provided in Subsection (1) is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 116 - Application for relief.

Effective 5/4/2022
39A-6-116.
Application for relief.
(1) A service member may, at any time during the service member's period of state military service or within 60 days after discharge or termination, apply to a court for relief in respect of any obligation or liability incurred by the service member prior to the service member's period of military service.
(2) The court, after appropriate notice and hearing, unless in the court's opinion the ability of the applicant to comply with the terms of the obligation or liability has not been materially affected by reason of the service member's state military service, may grant the following relief:
(a) In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of the obligation during the applicant's period of state military service and, from the date of termination of the period of state military service or from the date of application if made after termination of state military service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of state military service of the applicant, or any part of the combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of state military service or from the date of application, in equal installments during the combined period at the rate of interest on the unpaid balance as is prescribed in the contract, or other instrument evidencing the obligation, for installments paid when due, and subject to any other terms as the court may consider just.
(b) In the case of any other obligation or liability, a stay of the enforcement during the applicant's period of state military service and, from the date of termination of the period of state military service or from the date of application if made after termination of the period of state military service, for a period of time equal to the period of state military service of the applicant or any part of that period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of state military service or the date of application, in equal periodic installments during the extended period at the rate of interest prescribed for the obligation or liability, if paid when due, and subject to other terms the court considers to be reasonable and just.
(3) When any court has granted a stay as provided in this section, a fine or penalty may not be accrued for failure to comply with the terms or conditions of the obligation or liability for which the stay was granted during the period the terms and conditions of the stay are complied with.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 6 - Utah Service Members' Civil Relief Act › Section 117 - Storage liens.

Effective 5/4/2022
39A-6-117.
Storage liens.
(1) A person may not exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a service member in state military service during the service member's period of state military service and for 60 days after termination or discharge, except upon an order previously granted by a court upon application and a return to the court made and approved by the court. In the proceeding the court may, after hearing the matter, on its own motion, and shall, on application by the service member in state military service or another individual on the service member's behalf, unless in the opinion of the court the ability of the service member to pay the storage charges due is not materially affected by reason of the service member's state military service:
(a) stay the proceedings as provided in this chapter; or
(b) make any other disposition the court considers to be equitable to conserve the interest of all the parties.
(2) The enactment of the provisions of this section may not be construed in any way as affecting or limiting the scope of Section 39A-6-115.
(3) Any person who knowingly takes any action contrary to the provisions of this section, or attempts to do so, is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 7 - Morale, Welfare, and Recreation Program › Section 101 - State Morale, Welfare, and Recreation Program -- Program established.

Effective 5/4/2022
39A-7-101.
State Morale, Welfare, and Recreation Program -- Program established.
The adjutant general is authorized to establish a Utah National Guard Morale, Welfare, and Recreation Program to serve members of the military, eligible dependents, and others as set out in Section 39A-7-103.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 7 - Morale, Welfare, and Recreation Program › Section 102 - Definitions.

Effective 5/4/2022
39A-7-102.
Definitions.
For purposes of this chapter:
(1) "Dependent" means the spouse or children of an individual eligible to use the program and facilities in accordance with Section 39A-7-103.
(2) "MWR" means morale, welfare, and recreation.
(3) "MWR facility" means any Utah National Guard facility located on a Department of Defense or Utah National Guard installation or on property controlled by the Department of Defense or the Utah National Guard, the purpose of which is to enhance MWR for authorized patrons.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 7 - Morale, Welfare, and Recreation Program › Section 103 - Eligibility and facilities.

Effective 5/4/2022
39A-7-103.
Eligibility and facilities.
(1) Use of the MWR program and facilities is limited to:
(a) active and reserve component members of the Utah National Guard and armed forces of the United States;
(b) individuals retired from the armed forces of the United States;
(c) civilian employees of the Utah National Guard;
(d) dependents of authorized individuals in Subsections (1)(a) through (c);
(e) contracted employees of the Utah National Guard while working on-site or conducting business on National Guard property;
(f) sponsored individuals when personally accompanied by a sponsor who is an eligible patron as described in this section; and
(g) other personnel or organizations at the discretion of the adjutant general.
(2) MWR facilities include any of the following, even if the shop, building, or parcel is only partially used for MWR purposes:
(a) post or base exchange;
(b) canteen or service club;
(c) barber shop;
(d) fitness center;
(e) snack bar;
(f) restaurant;
(g) billeting operation;
(h) laundry facility;
(i) range;
(j) swimming pool; or
(k) any other shop, building, or parcel that meets the definition of MWR facility in Section 39A-7-102.
(3) The adjutant general shall, by regulation, determine specific use priorities when MWR facilities cannot accommodate all authorized patrons.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 7 - Morale, Welfare, and Recreation Program › Section 104 - Administration of MWR Program.

Effective 5/4/2022
39A-7-104.
Administration of MWR Program.
(1) The adjutant general may authorize the program to:
(a) contract for goods and services;
(b) hire employees; and
(c) receive funds from patrons in exchange for goods or services provided within the program.
(2) The adjutant general is authorized to establish MWR facilities throughout the state that, in the adjutant general's judgment, are necessary for military purposes.
(3) The adjutant general shall promulgate regulations to govern the operation of the program.
(4) The adjutant general may appoint a director for the program.
(5) The adjutant general shall establish a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from the program's operations.
(6) The program may use State Armory Board-controlled properties, provided:
(a) the use incurs no more than nominal cost to the state; or
(b) any costs to the state above nominal associated with the use are reimbursed to the state by the program.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 7 - Morale, Welfare, and Recreation Program › Section 105 - National Guard MWR Fund -- Proceeds.

Effective 5/4/2022
39A-7-105.
National Guard MWR Fund -- Proceeds.
(1) There is created an expendable special revenue fund known as the National Guard MWR Fund.
(2) The fund shall consist of:
(a) all proceeds collected under this chapter;
(b) donations made to the National Guard MWR Program; and
(c) any appropriations to the program by the Legislature.
(3) Money from the fund shall be used for the enhancement of morale, welfare, and recreation, and the administration of the program under this chapter, including paying the costs of:
(a) salaries of program employees;
(b) public liability insurance, when needed;
(c) the adjutant general's Outreach Program;
(d) the State Partnership Program; and
(e) any other expenses considered necessary in furtherance of the program by the adjutant general or the adjutant general's designee.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 8 - West Traverse Sentinel Landscape Act › Section 101 - West Traverse Sentinel Landscape Act -- Purpose.

Effective 5/4/2022
39A-8-101.
West Traverse Sentinel Landscape Act -- Purpose.
The purpose of this act is to:
(1) identify lands adjacent to Camp Williams that are important to the nation's defense mission;
(2) preserve and enhance the relationship between adjacent landowners and Camp Williams; and
(3) create incentives to encourage adjacent landowners to adopt land management practices consistent with Camp Williams's military mission.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 8 - West Traverse Sentinel Landscape Act › Section 102 - Area designation -- West Traverse Sentinel Landscape.

Effective 5/4/2022
39A-8-102.
Area designation -- West Traverse Sentinel Landscape.
(1) The compatible use buffer area surrounding Camp Williams shall be known as the West Traverse Sentinel Landscape.
(2) Lands designated by the committee established in Section 39A-8-103 and lands acquired or encumbered through the Camp Williams Army Compatible Use Buffer (ACUB) Program shall be added to the buffer area.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 8 - West Traverse Sentinel Landscape Act › Section 104 - Committee responsibilities.

Effective 5/3/2023
39A-8-104.
Committee responsibilities.
(1) The committee shall:
(a) identify lands to be included in the designated sentinel landscape;
(b) develop strategies and recommendations to encourage landowners within the sentinel landscape to voluntarily participate in and begin or continue land uses compatible with Camp Williams's military mission; and
(c) publish any policies and procedures as administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) In designating sentinel lands, the coordinating committee shall include all working or natural lands that the coordinating committee believes contribute to the long-term sustainability of the military missions conducted at Camp Williams.
(3) The committee shall determine the appropriate level of state resources required to adequately protect Camp Williams's military mission and may apply for grants from the LeRay McAllister Working Farm and Ranch Fund to aid in securing those resources.
(4) In determining lands to designate, the coordinating committee shall seek input from:
(a) the director of the Department of Defense Readiness and Environmental Protection Integration Program; and
(b) the director of the National Guard Bureau Army Compatible Use Buffer Program, as authorized under 10 U.S.C. Sec. 2684(a).
(5) The committee shall provide a written report of its activities if state funds are expended during the previous calendar year no later than July 31 annually to:
(a) the governor;
(b) the Government Operations Interim Committee; and
(c) the Executive Appropriations Committee.
Amended by Chapter 180, 2023 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 1 - Lode claims -- Size and shape -- Discovery necessary.

40-1-1.
Lode claims -- Size and shape -- Discovery necessary.
A lode mining claim, whether located by one or more persons, may equal, but shall not exceed, 1,500 feet in length along the vein or lode and may extend 300 feet on each side of the middle of the vein at the surface, except where adverse rights render a lesser width necessary. The end lines of each claim must be parallel. No location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
No Change Since 1953
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 2 - Discovery monument -- Notice of location -- Contents.

40-1-2.
Discovery monument -- Notice of location -- Contents.
The locator at the time of making the discovery of such vein or lode must erect a monument at the place of discovery, and post thereon his notice of location which shall contain:
(1) The name of the claim.
(2) The name of the locator or locators.
(3) The date of the location.
(4) If a lode claim, the number of linear feet claimed in length along the course of the vein each way from the point of discovery, with the width claimed on each side of the center of the vein, and the general course of the vein or lode as near as may be, and such a description of the claim, located by reference to some natural object or permanent monument, as will identify the claim.
(5) If a placer or mill site claim, the number of acres or superficial feet claimed, and such a description of the claim or mill site, located by reference to some natural object or permanent monument, as will identify the claim or mill site.
No Change Since 1953
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 4 - Copy of location notice to be recorded.

40-1-4.
Copy of location notice to be recorded.
Within 30 days after the date of posting the location notice upon the claim, the locator, or the locator's assigns, shall record a substantial copy of the notice of location in the office of the county recorder of the county in which the claim is situated.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 6 - Affidavit of performance of annual labor or payment of maintenance fee.

40-1-6.
Affidavit of performance of annual labor or payment of maintenance fee.
(1) As used in this section, "assessment work" means the performance of labor or making of improvements on or for the benefit of a mining claim.
(2) Within 30 days after the end of the annual period specified in 30 U.S.C. Sec. 28 the owner of an unpatented lode or placer mining claim, or a mill or tunnel site claim or someone on his behalf, shall record an affidavit in the office of the county recorder of the county in which the claim is located setting forth:
(a) the name and address of the owner of the claim;
(b) the name of the claim and the serial number, if any, assigned to the claim by the United States Bureau of Land Management;
(c) if assessment work was required to be performed under 30 U.S.C. Sec. 28 or other federal law to maintain the claim, a statement that the annual assessment work required to maintain the claim was performed; and
(d) if the assessment work was not required to be performed under 30 U.S.C. Sec. 28 or other federal law, a statement that it is the intention of the owner to hold the claim, and if a claim maintenance fee was paid as required by the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66 or other federal law, a statement that the fee was paid in a timely manner.
(3) The affidavit, or a certified copy, shall be prima facie evidence of the facts stated in the affidavit.
(4) The amendments made in this section do not affect any act or right accruing or which has accrued or been established or any suit or proceeding commenced before May 1, 1995.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 8 - Vacancy and removal -- County recorder to receive records.

40-1-8.
Vacancy and removal -- County recorder to receive records.
(1) If there is a vacancy in the office of recorder of any mining district, or if there is no person in the mining district authorized to retain the custody and give certified copies of the records, the person having custody of the records shall deposit them in the office of the county recorder of the county in which the mining district, or the greater part of the mining district, is situated.
(2) That county recorder shall take possession of the records and may make and certify copies from the records, including any other copies of records and papers in the recorder's office pertaining to mining claims.
(3) Those certified copies shall be receivable in evidence in all courts and before all officers and tribunals.
(4) The production of a certified copy shall be, without further proof, evidence that the records were properly in the custody of the county recorder.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 9 - County recorder may certify district records.

40-1-9.
County recorder may certify district records.
(1) When the books, records, and documents pertaining to the office of mining district recorder have been deposited in the office of a county recorder, the recorder may make and certify copies from those records.
(2) Those certified copies shall be receivable in all tribunals and before all officers of this state in the same manner and to the same effect as if the records had been originally filed or made in the office of the county recorder.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 10 - Certified copies of records evidence.

40-1-10.
Certified copies of records evidence.
Copies of notices of location of mining claims, mill sites and tunnel sites heretofore recorded in the records of the several mining districts, and copies of the mining rules and regulations in force therein and recorded, when duly certified by the district or county recorder, shall be receivable in all tribunals and before all officers of this state as prima facie evidence.
No Change Since 1953
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 11 - Interfering with notices, stakes, or monuments -- Penalty.

40-1-11.
Interfering with notices, stakes, or monuments -- Penalty.
Any person who intentionally or knowingly tears down or defaces a notice posted on a mining claim, or takes up or destroys any stake or monument marking the claim, or interferes with any person lawfully in possession of the claim, or who alters, erases, defaces, or destroys any record kept by a mining district or county recorder, is guilty of a class B misdemeanor, and shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment for not less than 10 days nor more than six months, or by both the fine and imprisonment.
Amended by Chapter 229, 2007 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 1 - Mining Claims › Section 12 - Damages for wrongful removal of ores.

40-1-12.
Damages for wrongful removal of ores.
When damages are claimed for the extraction or selling of ore from any mine or mining claim and the defendant, or those under whom he claims, holds, under color of title adverse to the claims of the plaintiff, in good faith, then the reasonable value of all labor bestowed or expenses incurred in necessary developing, mining, transporting, concentrating, selling or preparing said ore, or its mineral content, for market, must be allowed as an offset against such damages; provided, however, that any person who, wrongfully entering upon any mine or mining claim and carrying away ores therefrom, or wrongfully extracting and selling ores from any mine, having knowledge of the existence of adverse claimants in any mine or mining claim, and without notice to them, knowingly and willfully trespasses in or upon such mine or mining claim and extracts or sells ore therefrom shall be liable to the owners of such ore for three times the value thereof without any deductions either for labor bestowed or expenses incurred in removing, transporting, selling or preparing said ore, or its mineral content for market.
No Change Since 1953
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 1 - General Provisions › Section 102 - Definitions.

40-2-102.
Definitions.
As used in this chapter:
(1) "Adverse action" means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
(a) discharge the person;
(b) threaten the person;
(c) coerce the person;
(d) intimidate the person; or
(e) discriminate against the person, including to discriminate in:
(i) compensation;
(ii) terms;
(iii) conditions;
(iv) location;
(v) rights;
(vi) immunities;
(vii) promotions; or
(viii) privileges.
(2) "Coal mine" means:
(a) the following used in extracting coal from its natural deposits in the earth by any means or method:
(i) the land;
(ii) a structure;
(iii) a facility;
(iv) machinery;
(v) a tool;
(vi) equipment;
(vii) a shaft;
(viii) a slope;
(ix) a tunnel;
(x) an excavation; and
(xi) other property; and
(b) the work of preparing extracted coal, including a coal preparation facility.
(3) "Commission" means the Labor Commission created in Section 34A-1-103.
(4) "Commissioner" means the commissioner appointed under Section 34A-1-201.
(5) "Council" means the Mine Safety Technical Advisory Council created in Section 40-2-203.
(6) "Director" means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202.
(7) "Major coal mine accident" means any of the following at a coal mine located in Utah:
(a) a mine explosion;
(b) a mine fire;
(c) the flooding of a mine;
(d) a mine collapse; or
(e) the accidental death of an individual at a mine.
(8) "Mine Safety and Health Administration" means the federal Mine Safety and Health Administration within the United States Department of Labor.
(9) "Office" means the Utah Office of Coal Mine Safety created in Section 40-2-201.
(10) "Panel" means the Coal Miner Certification Panel created in Section 40-2-204.
(11) "Unsafe condition" means a danger that reasonably could be expected to cause serious harm to a person or property.
Enacted by Chapter 113, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 1 - General Provisions › Section 103 - Scope and administration of chapter.

40-2-103.
Scope and administration of chapter.
(1) This chapter applies to any coal mine located in the state.
(2) The commission:
(a) shall administer this chapter with the assistance of the office; and
(b) has jurisdiction over a coal mine in this state as set forth in this chapter.
Enacted by Chapter 113, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 1 - General Provisions › Section 104 - Rulemaking authority.

40-2-104.
Rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules necessary to implement this chapter.
Renumbered and Amended by Chapter 113, 2008 General Session
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 2 - Utah Office of Coal Mine Safety › Section 201 - Utah Office of Coal Mine Safety created.

40-2-201.
Utah Office of Coal Mine Safety created.
(1) There is created within the commission the "Utah Office of Coal Mine Safety."
(2) The office, under the direction of the commissioner, shall assist the commission in administering this chapter.
Enacted by Chapter 113, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 2 - Utah Office of Coal Mine Safety › Section 202 - Appointment of director.

Effective 7/1/2021
40-2-202.
Appointment of director.
(1) The director is the chief officer of the office and serves as the executive and administrative head of the office.
(2)
(a) The commissioner shall appoint the director.
(b) The director may be removed from that position at the will of the commissioner.
(3) The director shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
(4) The director shall be experienced in administration and possess such additional qualifications as determined by the commissioner.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 2 - Utah Office of Coal Mine Safety › Section 204 - Coal Miner Certification Panel created -- Duties.

Affected by 63I-1-240 on 7/1/2024
40-2-204.
Coal Miner Certification Panel created -- Duties.
(1) There is created within the office the "Coal Miner Certification Panel."
(2) The panel consists of:
(a) the commissioner or the commissioner's designee; and
(b) at least eight other members appointed by the commissioner with equal representation and participation from:
(i) management of coal mine operations; and
(ii) hourly coal mining employees.
(3) A member appointed by the commissioner shall:
(a) have at least five years' experience in coal mining in this state;
(b) administer the certification test to an applicant referred to in Section 40-2-402;
(c) consult with the commission about applicant qualifications specified in Section 40-2-402;
(d) meet when directed by the commissioner or the commissioner's designee; and
(e) hold office at the pleasure of the commissioner.
(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 286, 2010 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 2 - Utah Office of Coal Mine Safety › Section 205 - Utah Research Institute for Mine Safety and Productivity -- Designation -- Duties.

Effective 7/1/2015
40-2-205.
Utah Research Institute for Mine Safety and Productivity -- Designation -- Duties.
(1) As used in this section, "institute" means the University of Utah Center for Mining Safety and Health Excellence, designated as the Utah Research Institute for Mine Safety and Productivity in Subsection (2).
(2) The University of Utah Center for Mining Safety and Health Excellence is designated as the Utah Research Institute for Mine Safety and Productivity.
(3) In coordination with the council, the institute may:
(a) organize symposia, presentations, or other academic meetings; and
(b) identify and propose research projects on topics related to mining safety and productivity.
Enacted by Chapter 27, 2015 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 3 - Safety Conditions › Section 301 - Commission and office responsibilities.

40-2-301.
Commission and office responsibilities.
(1) The commissioner shall:
(a) direct the state's efforts to promote coal mine safety; and
(b) participate with the Mine Safety and Health Administration in an investigation of a major coal mine accident in Utah.
(2) The commission shall establish by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) a system consistent with Section 40-2-302 to receive, evaluate, and act on a report of an alleged unsafe condition at a coal mine; and
(b) requirements for a coal mine operator regarding notification of a coal mine accident as part of a coal mine operator's emergency response plan.
(3) The office may:
(a) conduct one or more studies to promote coal mine safety;
(b) cooperate with educational and other organizations to promote mining engineering and mine safety training;
(c) establish a cooperative relationship with the Mine Safety and Health Administration to promote coal mine safety in Utah;
(d) serve as the lead state agency in developing and implementing state and local response and communication plans for major coal mine accidents in Utah; and
(e) implement the notification requirements established under Subsection (2)(b).
Enacted by Chapter 113, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 3 - Safety Conditions › Section 302 - Reporting of an unsafe condition in coal mines -- Adverse action prohibited.

40-2-302.
Reporting of an unsafe condition in coal mines -- Adverse action prohibited.
(1) Subject to the other provisions of this section, upon the office's receipt of information from a person of a possible unsafe condition in a coal mine located in Utah, the office may:
(a) notify the federal Mine Safety and Health Administration;
(b) notify another appropriate federal, state, or local government agency;
(c) contact the operator of the coal mine;
(d) refer the information to the council on a confidential basis; or
(e) take any other authorized action.
(2) The commission, council, or office may not disclose or otherwise make public the identity of a person who reports a possible unsafe condition in a coal mine located in Utah unless that person authorizes the commission, council, or office to disclose the person's identity.
(3) A coal mine operator may not take adverse action against a person because that person:
(a) reports an alleged unsafe mine condition; or
(b) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing under this chapter.
Enacted by Chapter 113, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 3 - Safety Conditions › Section 303 - Annual report on coal mine safety.

40-2-303.
Annual report on coal mine safety.
(1) By October 1 of each year, the commission, office, and council shall compile and submit to the governor and the Legislature a comprehensive report of the status of coal mine safety within the state for the immediately preceding calendar year.
(2) The report required by this section shall include:
(a) a compilation of major coal mine accidents or other coal mine emergencies within the state during the calendar year;
(b) a statement of actions by the commission, office, or council to implement this chapter;
(c) without a breach in confidentiality, a summary of reports of alleged unsafe conditions received by the office, with a statement of the office's responses;
(d) recommendations for additional action to promote coal mine safety; and
(e) any other items the commission, office, and council consider appropriate.
Enacted by Chapter 113, 2008 General Session
2023 Utah Code › Title 40 - Mines and Mining › Chapter 2 - Coal Mine Safety Act › Part 4 - Certification of Coal Miners › Section 401 - Necessity of certificate.

40-2-401.
Necessity of certificate.
(1) A person may not work in an occupation referred to in Section 40-2-402 unless granted a certificate by the commission.
(2)
(a)
(i) The commission may grant a temporary coal mine foreman certificate or a temporary coal mine surface foreman certificate to an applicant who is:
(A) recommended by a coal mine; and
(B) interviewed and found competent by two panel members.
(ii) A certificate granted under Subsection (2)(a)(i) remains in effect until:
(A) the next scheduled certification test;
(B) the person is retested; or
(C) the commission terminates the certificate.
(b)
(i) The commission may grant a surface foreman certificate to a current holder of an underground mine foreman certificate, if the applicant has three years of varied surface mining experience.
(ii) A surface foreman certificate applicant may receive credit for surface experience in any other industry that has substantially equivalent surface facilities, if the applicant has performed or is presently performing the duties normally required of a surface foreman.
(3)
(a) The commission shall collect a fee described in Subsection (3)(b) for each temporary certificate.
(b) The commission shall establish the fee by following Section 63J-1-504.
(4)
(a) An owner, operator, contractor, lessee, or agent may not employ a worker in any occupation referred to in Section 40-2-402 who is uncertified.
(b) The certificate shall be on file and available for inspection to interested persons in the office of the coal mine.
(5) The commission shall grant a certificate to an applicant referred to in Section 40-2-402 who:
(a) passes the certification test administered by the panel; and
(b) meets the qualifications specified in Section 40-2-402.
(6)
(a) The commission may grant a certificate to an applicant involved in gilsonite or other hydrocarbon mining as provided by rule.
(b) The commission shall enact rules governing the certification procedure, test, and qualifications for applicants involved in gilsonite or other hydrocarbon mining.
(7) The commission may by rule require certification and recertification of other coal mine occupations, including the certification of a new coal miner.
Amended by Chapter 183, 2009 General Session