Utah Code 53-2a-1205. Administration — Notification and procedures

53-2a-1205. Administration — Notification and procedures.

(1)

Any out-of-state business that enters the state shall, within a reasonable time after entry, not to exceed 30 days, provide to the Division of Professional Licensing a statement that it is in the state for purposes of responding to the disaster or emergency, which statement shall include the business’s:

Terms Used In Utah Code 53-2a-1205

Disaster: means an event that:

(a)	causes, or threatens to cause, loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and

(b)

requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit, or private entities. See Utah Code 53-2a-102

Disaster period: means a period that begins within 10 days after the first day of a declared state disaster or emergency and that extends for a period of 60 calendar days after the end of the declared state disaster or emergency. See Utah Code 53-2a-1202

Division: means the Division of Emergency Management created in Section 53-2a-103. See Utah Code 53-2a-102

Out-of-state business: means a business entity that:

(a)	has no presence in the state, other than any prior disaster- or emergency-related work, and conducts no business in the state, and whose services are requested by a registered business or by a state or local government for purposes of performing disaster- or emergency-related work in the state; and

(b)

has no registration or tax filings or presence sufficient to require the collection or payment of a tax in the state prior to the declared state disaster or emergency. See Utah Code 53-2a-1202

Out-of-state employee: means an employee who does not work in the state, except for disaster- or emergency-related work during the disaster period. See Utah Code 53-2a-1202

Registered business: means a business entity that is currently registered to do business in the state prior to the declared state disaster or emergency. See Utah Code 53-2a-1202

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

(a)

name;

(b)	state of domicile;

(c)	principal business address;

(d)	federal tax identification number;

(e)	date of entry;

(f)	contact information; and

(g)	evidence of compliance with the regulatory or licensing requirements in Section 53-2a-1203, such as a copy of applicable permits or licenses.

(2)

Any affiliate of a registered business in the state and any out-of-state business that is registered as a public utility in another state and that is providing assistance under the terms of a utility multistate mutual aid agreement shall not be required to provide the information required in Subsection (1), unless requested by the Division of Professional Licensing within a reasonable period of time.

(3)	An out-of-state business or an out-of-state employee that remains in the state after the disaster period shall complete state and local registration, licensing, and filing requirements that establish the requisite business presence or residency in the state.

(4)

The Division of Professional Licensing shall:

(a)	make rules necessary to implement Subsection (3);

(b)	develop and provide forms or online processes; and

(c)	maintain and make available an annual report of any designations made pursuant to this section.

Amended by Chapter 415, 2022 General Session

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