1. (1) The following persons may bring an action in a state court of competent jurisdiction to enjoin a violation of this part or to recover compensatory damages, reasonable court costs, or reasonable attorney fees:

   1. (a) the attorney general; or
   2. (b) a person claiming that the person's rights, as described in this part, were violated.

2. (2) In an action brought under this part, if the court finds a violation of this part, the court:

   1. (a) shall enjoin the violation;

   2. (b) shall, if a person whose rights, as described in this part, were violated brought the action, award the person:

      1. (i) at least $500 for an initial violation; and
      2. (ii) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification; and

   3. (c) may award a prevailing plaintiff:

      1. (i) compensatory damages;
      2. (ii) reasonable court costs; or
      3. (iii) reasonable attorney fees.
3. (3) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an institution that violates this part is not immune from suit or liability for the violation.

Renumbered and Amended by Chapter 8, 2025 Special Session 1