63G-33-101. Definitions.
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/ut/title-63g/chapter-33/63g-33-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
63G-33-101. Definitions.
As used in this chapter:
(1)"Demonstrates" means to produce the evidence necessary to meet, and to meet, the burden of persuasion.
(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:
(a)a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
(b)the application of a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
(c)any action taken by, or on behalf of, a government entity;
(d)action taken by a person other than a government entity to:
(i)enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
(ii)compel a government entity to act;
(iii)prohibit a government entity from acting; or
(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.
(a)"Government entity" means:
(i)the state;
(ii)a court;
(iii)a county, city, town, metro township, school district, special district, special service district, or other political subdivision of the state;
(iv)an independent entity;
(v)any person, when acting under color of state law; or
(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.
(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 Section 63E-1-102 .
(a)"Substantially burden" means that government action, directly or indirectly:
(i)constrains, limits, or denies the free exercise of religion by a person; or
(ii)compels a person to act, or fail to act, in a manner that is contrary to the person's free exercise of religion.
(b)"Substantially burden" includes:
(i)any of the following in response to, or as a consequence of, the person's free exercise of religion:
(A)withholding a government benefit;
(B)assessing criminal, civil, or administrative penalties or damages; or
(C)excluding a person from a government program or from access to a government facility or service; and
(ii)a burden described in Subsections (6)(a) and (b)(i), regardless of whether the burden is:
(A)imposed by:
(I)law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
(II)the application of law, statute, rule, policy, order, or other assertion of governmental authority; or
(III)any other means;
(B)applied or enforced by, or on behalf of, a government entity; or
(C)applied or enforced by, or on behalf of, a person other than a government entity to:
(I)enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
(II)compel a government entity to act;
(III)prohibit a government entity from acting; or
(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.
Enacted by Chapter 511 , 2024 General Session