Utah Code 63G-33-101. Definitions
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As used in this chapter:
(1) “Demonstrates” means to produce the evidence necessary to meet, and to meet, the burden of persuasion.
Terms Used In Utah Code 63G-33-101
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Free exercise of religion: means the right to act or refuse to act in a manner substantially motivated by a sincerely held religious belief, regardless of whether the exercise is compulsory or central to a larger system of religious belief. See Utah Code 63G-33-101
- Government action: includes :(3)(a) a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(b) the application of a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(c) any action taken by, or on behalf of, a government entity;(3)(d) action taken by a person other than a government entity to:(3)(d)(i) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(d)(ii) compel a government entity to act;(3)(d)(iii) prohibit a government entity from acting; or(3)(d)(iv) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence. See Utah Code 63G-33-101
- Government entity: includes an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a person described in Subsection (4)(a). See Utah Code 63G-33-101
- Independent entity: means the same as that term is defined in Section
63E-1-102 . See Utah Code 63G-33-101- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5(2) “Free exercise of religion” means the right to act or refuse to act in a manner substantially motivated by a sincerely held religious belief, regardless of whether the exercise is compulsory or central to a larger system of religious belief.(3) “Government action” includes:(3)(a) a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(b) the application of a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(c) any action taken by, or on behalf of, a government entity;(3)(d) action taken by a person other than a government entity to:(3)(d)(i) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(3)(d)(ii) compel a government entity to act;(3)(d)(iii) prohibit a government entity from acting; or(3)(d)(iv) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence.(4)(4)(a) “Government entity” means:(4)(a)(i) the state;(4)(a)(ii) a court;(4)(a)(iii) a county, city, town, metro township, school district, special district, special service district, or other political subdivision of the state;(4)(a)(iv) an independent entity;(4)(a)(v) any person, when acting under color of state law; or(4)(a)(vi) an employee or agent of an entity described in Subsections (4)(a)(i) through (v) or Subsection (4)(b) who is acting in the capacity of an employee or agent of the entity.(4)(b) “Government entity” includes an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a person described in Subsection (4)(a).(5) “Independent entity” means the same as that term is defined in Section63E-1-102 .(6)(6)(a) “Substantially burden” means that government action, directly or indirectly:(6)(a)(i) constrains, limits, or denies the free exercise of religion by a person; or(6)(a)(ii) compels a person to act, or fail to act, in a manner that is contrary to the person’s free exercise of religion.(6)(b) “Substantially burden” includes:(6)(b)(i) any of the following in response to, or as a consequence of, the person’s free exercise of religion:(6)(b)(i)(A) withholding a government benefit;(6)(b)(i)(B) assessing criminal, civil, or administrative penalties or damages; or(6)(b)(i)(C) excluding a person from a government program or from access to a government facility or service; and(6)(b)(ii) a burden described in Subsections (6)(a) and (b)(i), regardless of whether the burden is:(6)(b)(ii)(A) imposed by:(6)(b)(ii)(A)(I) law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(6)(b)(ii)(A)(II) the application of law, statute, rule, policy, order, or other assertion of governmental authority; or(6)(b)(ii)(A)(III) any other means;(6)(b)(ii)(B) applied or enforced by, or on behalf of, a government entity; or(6)(b)(ii)(C) applied or enforced by, or on behalf of, a person other than a government entity to:(6)(b)(ii)(C)(I) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;(6)(b)(ii)(C)(II) compel a government entity to act;(6)(b)(ii)(C)(III) prohibit a government entity from acting; or(6)(b)(ii)(C)(IV) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence.