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H.B. 78 Enrolled

    

WITNESS IMMUNITY AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: David L. Gladwell

    AN ACT RELATING TO THE CODE OF CRIMINAL PROCEDURE; SETTING OUT THE
    SCOPE OF THE AUTHORITY OF CITY AND COUNTY ATTORNEYS TO GRANT
    IMMUNITY; CHANGING THE PROVISIONS FOR IMMUNITY IN CRIMINAL
    CASES TO USE IMMUNITY; ENACTING THE GRANTS OF IMMUNITY ACT;
    DEFINING THE SCOPE, PURPOSE, AND APPLICATION OF USE IMMUNITY;
    MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         4-32-9, as last amended by Chapter 178, Laws of Utah 1986
         10-3-928, as last amended by Chapter 38, Laws of Utah 1993
         13-11-16, as enacted by Chapter 188, Laws of Utah 1973
         17-18-1.5, as enacted by Chapter 38, Laws of Utah 1993
         20A-1-703, as last amended by Chapter 258, Laws of Utah 1996
         20A-11-207, as enacted by Chapter 1, Laws of Utah 1995
         20A-11-306, as enacted by Chapter 1, Laws of Utah 1995
         20A-11-403, as enacted by Chapter 1, Laws of Utah 1995
         20A-11-508, as enacted by Chapter 1, Laws of Utah 1995
         31A-2-305, as enacted by Chapter 242, Laws of Utah 1985
         34-20-11, as enacted by Chapter 85, Laws of Utah 1969
         34-35-5 (Renumbered 07/01/97), as last amended by Chapter 191, Laws of Utah 1989
         35-4-502 (Renumbered 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
         35A-4-502 (Effective 07/01/97), as renumbered and amended by Chapter 240 and last
    amended by Chapter 243, Laws of Utah 1996
         35A-5-104 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
    Utah 1996


         76-7-101, as enacted by Chapter 196, Laws of Utah 1973
         76-8-806, as enacted by Chapter 196, Laws of Utah 1973
         77-22-1, as enacted by Chapter 15, Laws of Utah 1980
    ENACTS:
         77-22b-1, Utah Code Annotated 1953
         77-22b-2, Utah Code Annotated 1953
    REPEALS:
         20A-1-702, as enacted by Chapter 1, Laws of Utah 1993
         58-37-16, as enacted by Chapter 145, Laws of Utah 1971
         62A-11-318, as enacted by Chapter 1, Laws of Utah 1988
         77-22-3, as last amended by Chapter 38, Laws of Utah 1993
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 4-32-9 is amended to read:
         4-32-9. Additional powers of commissioner.
        (1) The commissioner [also has power] may:
        (a) [to] gather and compile information concerning and, to investigate the organization,
    business, conduct, practices, and management of any person subject to this chapter;
        (b) [to] require any person subject to this chapter to file information regarding the person's
    business or operation as the commissioner requires;
        (c) for the purpose of this chapter, at all reasonable times [to] have access to, for the purpose
    of examination, and the right to copy any documentary evidence, of any person being investigated
    or proceeded against, and may require by subpoena the attendance and testimony of witnesses and
    the production of all documentary evidence of any person relating to any matter under investigation;
        (d) [to] require the attendance of witnesses and the production of documentary evidence at
    any place designated for hearing; in case of disobedience to a subpoena, the commissioner may
    invoke the aid of any court of competent jurisdiction to compel the attendance of witnesses and the
    production of documentary evidence; and
        (e) [to] order testimony to be taken by deposition in any proceeding or investigation pending

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    under this chapter at any stage of the proceeding or investigation; the depositions may be taken
    before any person with power to administer oaths designated by the commissioner, and the testimony
    shall be reduced to writing by the person taking the deposition, or under his direction and shall then
    be subscribed by the deponent.
        (2) [No person may be excused from attending and testifying or from producing books,
    papers, schedules of charges, contracts, agreements, or other documentary evidence before the
    commissioner or in obedience to the subpoena of the commissioner, whether the subpoena is signed
    or issued by him or his delegate, or in any cause or proceeding, criminal or otherwise, based upon
    or growing out of any alleged violation of this chapter, on the ground or for the reason that the
    testimony or evidence, documentary or otherwise, required of the person may tend to incriminate
    or subject the person to a penalty or forfeiture; but no individual may be prosecuted or subjected to
    a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is
    compelled, after having claimed his privilege against self-incrimination, to testify or produce
    evidence, documentary or otherwise, except that any individual so testifying may not be exempt
    from prosecution or punishment for perjury committed while so testifying.] In the event a witness
    asserts a privilege against self-incrimination, testimony and evidence from the witness may be
    compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
        (3) (a) Any person [that] who without just cause neglects or refuses to attend and testify or
    to answer any lawful inquiry, or to produce documentary evidence, if in his power to do so, in
    obedience to the subpoena or lawful requirement of the commissioner is guilty of a class A
    misdemeanor[; a]. Any fine imposed [shall be] may not be less than $500.
        (b) Any person that willfully makes, or causes to be made, any false entry or statement of
    fact in any report required to be made under this chapter, or that willfully makes, or causes to be
    made, any false entry in any account, record, or memorandum kept by any person subject to this
    chapter, or that neglects or fails to make, or to cause to be made, full, true, and correct entries in
    those accounts, records, or memoranda, of all facts and transactions appertaining to the business of
    that person or that willfully removes out of the jurisdiction of this state, or willfully mutilates, alters,
    or by any other means falsifies any documentary evidence of any person subject to this chapter or

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    that willfully refuses to submit to the commissioner or to any of the commissioner's authorized
    agents, for the purpose of inspection and [taking] making copies, any documentary evidence of any
    person subject to this chapter within the person's possession or control is guilty of a class A
    misdemeanor[, and a]. Any fine imposed [shall be] may not be less than $500.
        (c) If any person required by this chapter to file any annual or special report fails to do so
    within the time fixed by the commissioner, and the failure continues for 30 days after notice of
    default, the person shall forfeit to the state the sum of $10 for each day of the continuance of the
    failure, which forfeiture is payable into the treasury of this state, and is recoverable in a civil suit in
    the name of the state brought in the district where the person has a principal office or in any district
    in which he does business. The various county attorneys, under the direction of the attorney general
    of this state, shall prosecute for the recovery of the forfeitures. The costs and expenses of
    prosecution shall be paid out of the appropriation for the expenses of the courts of this state.
        Section 2. Section 10-3-928 is amended to read:
         10-3-928. Attorney duties -- Deputy public prosecutor.
        In cities with a city attorney, the city attorney may prosecute violations of city ordinances,
    and under state law, infractions and misdemeanors occurring within the boundaries of the
    municipality and has the same powers in respect to [the] violations as are exercised by a county
    attorney or district attorney, [including, but not limited to, granting immunity to witnesses] except
    that a city attorney's authority to grant immunity shall be limited to granting transactional immunity
    for violations of city ordinances, and under state law, infractions, and misdemeanors occurring
    within the boundaries of the municipality. The city attorney shall represent the interests of the state
    or the municipality in the appeal of any matter prosecuted in any trial court by the city attorney.
        Section 3. Section 13-11-16 is amended to read:
         13-11-16. Investigatory powers of enforcing authority.
        (1) If, by his own inquiries or as a result of complaints, the enforcing authority has reason
    to believe that a person has engaged in, is engaging in, or is about to engage in an act or practice that
    violates this act, he may administer oaths and affirmations, subpoena witnesses or matter, and collect
    evidence.

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        (2) If matter that the enforcing authority subpoenas is located outside this state, the person
    subpoenaed may either make it available to the enforcing authority at a convenient location within
    the state or pay the reasonable and necessary expenses for the enforcing authority or his
    representative to examine the matter at the place where it is located. The enforcing authority may
    designate representatives, including officials of the state in which the matter is located, to inspect
    the matter on his behalf, and he may respond to similar requests from officials of other states.
        (3) Upon failure of a person without lawful excuse to obey a subpoena and upon reasonable
    notice to all persons affected, the enforcing authority may apply to the court for an order compelling
    compliance.
        (4) [The enforcing authority may request that an individual who refuses to comply with a
    subpoena on the ground that testimony or matter may incriminate him be ordered by the court to
    provide the testimony or matter. Except in a prosecution for perjury, an individual who complies
    with a court order to provide testimony or matter after asserting a privilege against self-incrimination
    to which he is entitled by law, may not be subjected to a criminal proceeding or to a civil penalty to
    the transaction concerning which he is required to testify or produce relevant matter. This subsection
    does not apply to damages recoverable under Section 13-11-19(2) or to civil sanctions imposed
    under Section 13-11-17(1)(b).] In the event a witness asserts a privilege against self-incrimination,
    testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b,
    Grants of Immunity.
        Section 4. Section 17-18-1.5 is amended to read:
         17-18-1.5. Powers -- Duties of county attorney within a prosecution district --
     Prohibitions.
        (1) In each county which is within a state prosecution district, the county attorney is a public
    prosecutor only for the purpose of prosecuting violations of county ordinances or as otherwise
    provided by law and shall:
        (a) conduct on behalf of the county all prosecutions for violations of county ordinances
    committed within the county;
        (b) have authority to grant transactional immunity for violations of county ordinances

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    committed within the county;
        [(b)] (c) institute proceedings before the proper magistrate for the arrest of persons charged
    with or reasonably suspected of violations of county ordinances when in possession of information
    that the violation has been committed, and for that purpose shall attend court in person or by deputy
    in cases of arrests when required; and
        [(c)] (d) when it does not conflict with other official duties, attend to all legal business
    required in the county by the attorney general without charge when the interests of the state are
    involved.
        (2) The county attorney:
        (a) may appear and prosecute in all civil cases in which the state may be interested; and
        (b) shall render assistance as required by the attorney general in all civil cases that may be
    appealed to the Supreme Court and [shall] prosecute the appeal from any violation of a county
    ordinance.
        (3) The county attorney shall:
        (a) draw all informations for violations of a county ordinance;
        (b) cause all persons informed against to be speedily arraigned;
        (c) cause all witnesses for the county to be subpoenaed to appear before the court;
        (d) upon the order of the court, institute proceedings in the name of the county for recovery
    upon the forfeiture of any appearance or other bonds running to the county and enforce the collection
    of them; and
        (e) perform other duties as required by law.
        (4) The county attorney shall:
        (a) receive from the clerk of the district court a record of past-due fines, penalties, costs, and
    forfeitures and take action to collect the past due amounts;
        (b) at the close of every term of the district court prepare a statement of all fines, penalties,
    and forfeitures accruing to the state that have been collected or received by any officer required to
    collect or receive them, stating each case and the amount, and shall transmit the list to the state
    auditor; and

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        (c) proceed against any officer and sureties under this subsection for any neglect of duty.
        (5) The county attorney shall:
        (a) ascertain by all practicable means what estate or property within the county has escheated
    or reverted to the state;
        (b) require the assessor of taxes of the county to furnish annually a list of all real or personal
    property that may have so escheated or reverted; and
        (c) file a copy of the list in the office of the state auditor and of the attorney general.
        (6) The county attorney shall:
        (a) defend all actions brought against the county;
        (b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
    to the county;
        (c) give, when required and without fee, an opinion in writing to county, district, precinct,
    and prosecution district officers on matters relating to the duties of their respective offices;
        (d) deliver receipts for money or property received in an official capacity and file duplicates
    with the county treasurer; and
        (e) on the first Monday of each month file with the auditor an account verified by oath of
    all money received in an official capacity during the preceding month, and at the same time pay it
    over to the county treasurer.
        (7) A county attorney may not:
        (a) in any manner consult, advise, counsel, or defend within this state any person charged
    with any crime, misdemeanor, or breach of any penal statute or ordinance;
        (b) be qualified to prosecute or dismiss in the name of the county any case in which the
    county attorney has previously acted as counsel for the accused on the pending charge; or
        (c) in any case compromise any cause or enter a nolle prosequi after the filing of an
    information without the consent of the court.
        (8) The county attorney or his deputy may be sworn as a deputy district attorney for the
    purpose of public convenience for a period of time and subject to limitations specified by the district
    attorney.

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        Section 5. Section 20A-1-703 is amended to read:
         20A-1-703. Proceedings by registered voter.
        (1) Any registered voter who has information that any provisions of this title have been
    violated by any candidate for whom the registered voter had the right to vote, by any personal
    campaign committee of that candidate, by any member of that committee, or by any election official,
    may file a verified petition with the lieutenant governor.
        (2) (a) The lieutenant governor shall gather information and determine if a special
    investigation is necessary.
        (b) If the lieutenant governor determines that a special investigation is necessary, the
    lieutenant governor shall refer the information to the attorney general, who shall:
        (i) bring a special proceeding to investigate and determine whether or not there has been a
    violation; and
        (ii) appoint special counsel to conduct that proceeding on behalf of the state.
        (3) If it appears from the petition or otherwise that sufficient evidence is obtainable to show
    that there is probable cause to believe that a violation has occurred, the attorney general shall:
        (a) grant leave to bring the proceeding; and
        (b) appoint special counsel to conduct the proceeding.
        (4) (a) If leave is granted, the registered voter may, by a special proceeding brought in the
    district court in the name of the state upon the relation of the registered voter, investigate and
    determine whether or not the candidate, candidate's personal campaign committee, any member of
    the candidate's personal campaign committee, or any election officer has violated any provision of
    this title.
        (b) (i) In the proceeding, the complaint shall:
        (A) be served with the summons; and
        (B) set forth the name of the person or persons who have allegedly violated this title and the
    grounds of those violations in detail.
        (ii) The complaint may not be amended except by leave of the court.
        (iii) The summons and complaint in the proceeding shall be filed with the court no later than

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    five days after they are served.
        (c) (i) The answer to the complaint shall be served and filed within ten days after the service
    of the summons and complaint.
        (ii) Any allegation of new matters in the answer shall be considered controverted by the
    adverse party without reply, and the proceeding shall be considered at issue and stand ready for trial
    upon five days' notice of trial.
        (d) (i) All proceedings initiated under this section have precedence over any other civil
    actions.
        (ii) The court shall always be considered open for the trial of the issues raised in this
    proceeding.
        (iii) The proceeding shall be tried and determined as a civil action without a jury, with the
    court determining all issues of fact and issues of law.
        (iv) If more than one proceeding is pending or the election of more than one person is
    investigated and contested, the court may:
        (A) order the proceedings consolidated and heard together; and
        (B) equitably apportion costs and disbursements.
        (e) (i) Either party may request a change of venue as provided by law in civil actions, but
    application for a change of venue must be made within five days after service of summons and
    complaint.
        (ii) The judge shall decide the request for a change of venue and issue any necessary orders
    within three days after the application is made.
        (iii) If a party fails to request a change of venue within five days of service, he has waived
    his right to a change of venue.
        (f) (i) If judgment is in favor of the plaintiff, the relator may petition the judge to recover his
    taxable costs and disbursements against the person whose right to the office is contested.
        (ii) The judge may not award costs to the defendant unless it appears that the proceeding
    was brought in bad faith.
        (iii) Subject to the limitations contained in Subsection (f), the judge may decide whether or

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    not to award costs and disbursements.
        (5) Nothing in this section may be construed to prohibit any other civil or criminal actions
    or remedies against alleged violators.
        (6) In the event a witness asserts a privilege against self-incrimination, testimony and
    evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
        Section 6. Section 20A-11-207 is amended to read:
         20A-11-207. State office candidate -- Criminal penalties.
        (1) (a) Each state office candidate or state office candidate's personal campaign committee
    that violates this part is guilty of a class A misdemeanor.
        (b) Each violation of this part is a separate offense.
        (c) When it appears that an individual or group of individuals has violated this part, the
    person who directed the violation shall be charged with the violation.
        (2) Any person who aids, abets, or advises a violation of any provision of this part is guilty
    of a class B misdemeanor.
        (3) (a) It is unlawful to administer the oath of office, or to issue a certificate of nomination
    or of election to any state office candidate until the candidate's personal campaign committee has
    filed the statements required by this part.
        (b) Any person who violates this subsection is guilty of a class A misdemeanor.
        (4) (a) It is unlawful for a person elected to a state office to:
        (i) enter upon the duties of the office until the personal campaign committee has filed the
    required financial statements; and
        (ii) receive any salary or fees for the period before the filing of the statement.
        (b) Any person who violates this section is guilty of a class A misdemeanor.
        [(5) (a) A person otherwise competent as a witness may not be excused from answering any
    question in any proceedings under this part on the ground that his answer will tend to incriminate
    him.]
        [(b) A person may not be prosecuted for any offense about which he testified for the
    prosecution, except in an action for perjury in giving that testimony.]

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        Section 7. Section 20A-11-306 is amended to read:
         20A-11-306. Legislative office candidate -- Criminal penalties.
        (1) (a) Each legislative office candidate that violates this part is guilty of a class A
    misdemeanor.
        (b) Each violation of this part is a separate offense.
        (c) When it appears that an individual or group of individuals has violated this part, the
    person who directed the violation shall be charged with the violation.
        (2) Any person who aids, abets, or advises a violation of any provision of this part is guilty
    of a class B misdemeanor.
        [(3) (a) A person otherwise competent as a witness may not be excused from answering any
    question in any proceedings under this part on the grounds that his answer will tend to incriminate
    him.]
        [(b) A person may not be prosecuted for any offense about which he testified for the
    prosecution, except in an action for perjury in giving that testimony.]
        Section 8. Section 20A-11-403 is amended to read:
         20A-11-403. Officeholder financial reporting requirements -- Criminal penalties.
        (1) (a) Each officeholder that violates this part is guilty of a class A misdemeanor.
        (b) Each violation of this part is a separate offense.
        (c) When it appears that an individual or group of individuals has violated this part, the
    person who directed the violation shall be charged with the violation.
        (2) Any person who aids, abets, or advises a violation of any provision of this part is guilty
    of a class B misdemeanor.
        [(3) (a) A person otherwise competent as a witness may not be excused from answering any
    question in any proceedings under this part on the ground that his answer will tend to incriminate
    him.]
        [(b) A person may not be prosecuted for any offense about which he testified for the
    prosecution, except in an action for perjury in giving that testimony.]
        Section 9. Section 20A-11-508 is amended to read:

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         20A-11-508. Political party registration requirements -- Criminal penalties.
        (1) (a) Each registered political party that violates Section 20A-11-506 or 20A-11-507 is
    guilty of a class A misdemeanor.
        (b) Each violation of those sections is a separate offense.
        (c) When it appears that an individual or group of individuals has violated those sections,
    the person who directed the violation shall be charged with the violation.
        (2) Any person who aids, abets, or advises a violation of Section 20A-11-506 or 20A-11-507
    is guilty of a class B misdemeanor.
        [(3) (a) A person otherwise competent as a witness may not be excused from answering any
    question in any proceedings under this part on the ground that his answer will tend to incriminate
    him.]
        [(b) A person may not be prosecuted for any offense about which he testified for the
    prosecution, except in an action for perjury in giving that testimony.]
        Section 10. Section 31A-2-305 is amended to read:
         31A-2-305. Immunity from prosecution.
        (1) If a natural person declines to appear, testify, or produce any record or document in any
    proceeding instituted by the commissioner or in obedience to the subpoena of the commissioner, [on
    the ground that the testimony or evidence required may tend to incriminate the person,] the
    commissioner may apply to a judge of the district court where the proceeding is held for an order
    to the person to attend, testify, or produce records or documents as requested by the commissioner.
    [No person may be criminally prosecuted for any matter which the person is compelled by the court's
    order to testify or produce evidence after claiming the privilege against self-incrimination, except
    that the person testifying is subject to prosecution and punishment for perjury committed in
    testifying or for contempt. Evidence derived from the testimony or document production compelled
    under this section is admissible for prosecution of perjury or contempt]. In the event a witness
    asserts a privilege against self-incrimination, testimony and evidence from the witness may be
    compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
        (2) If a person claims the privilege against self-incrimination and refuses to appear, testify,

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    or produce documents in response to probative evidence against him in a proceeding to revoke or
    suspend his license, and if the testimony or documents would have been admissible as evidence in
    a court of law except for the Fifth Amendment privilege, the refusal to appear, testify, or produce
    documents is, for noncriminal proceedings only, rebuttable evidence of the facts on which the
    proceeding is based.
        Section 11. Section 34-20-11 is amended to read:
         34-20-11. Hearings and investigations -- Power of board -- Witnesses -- Procedure.
        For the purpose of all hearings and investigations, which, in the opinion of the board, are
    necessary and proper for the exercise of the powers vested in it by Sections 34-20-9 and 34-20-10:
        (1) The board, or its duly authorized agents or agencies, shall at all reasonable times have
    access to, for the purpose of examination, and the right to copy, any evidence of any person being
    investigated or proceeded against that relates to any matter under investigation or in question. Any
    member of the board shall have power to issue subpoenas requiring the attendance and testimony
    of witnesses and the production of any evidence that relates to any matter under investigation or in
    question, before the board, its member, agent, or agency conducting the hearing or investigation.
    Any member of the board, or any agent or agency designated by the board, for [such] these purposes,
    may administer oaths and affirmations, examine witnesses, and receive evidence. [Such attendance]
    Attendance of witnesses and the production of [such] evidence may be required from any place in
    the state at any duly designated place of hearing.
        (2) In case of contumacy or refusal to obey a subpoena issued to any person, any district
    court of Utah within the jurisdiction of which the inquiry is carried on or within the jurisdiction of
    which [said] the person guilty of contumacy or refusal to obey is found or resides or transacts
    business upon application by the board shall have jurisdiction to issue to [such] the person an order
    requiring [such] the person to appear before the board, its member, agent, or agency, [there] to
    produce evidence if so ordered, or [there] to give testimony touching the matter under investigation
    or in question; and any failure to obey [such] the order of the court may be punished by [said] the
    court as a contempt [thereof].
        (3) [No person shall be excused from attending and testifying or from producing books,

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    records, correspondence, documents or other evidence in obedience to the subpoena of the board on
    the ground that the testimony or evidence required of him may tend to incriminate him or subject
    him to a penalty or forfeiture, but no individual shall be prosecuted or subjected to any penalty or
    forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled,
    after having claimed his privilege against self-incrimination, to testify or produce evidence, except
    that such individual so testifying shall not be exempt from prosecution and punishment for perjury
    committed in so testifying.] In the event a witness asserts a privilege against self-incrimination,
    testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b,
    Grants of Immunity.
        (4) Complaints, orders, and other processes and papers of the board, its member, agent, or
    agency, may be served either personally, by certified or registered mail, by telegraph, or by leaving
    a copy [thereof] at the principal office or place of business of the person required to be served. The
    verified return by the individual [so] serving the [same] documents setting forth the manner of [such]
    the service shall be proof of the [same] service, and the return post office receipt or telegram receipt
    [therefor] when certified or registered and mailed or telegraphed [as aforesaid] shall be proof of
    service [of the same]. Witnesses summoned before the board, its member, agent, or agency, shall be
    paid the same fees and mileage that are paid witnesses in the courts of the state, and witnesses whose
    depositions are taken and the persons taking [the same] them shall [severally] be entitled to the same
    fees [as are] paid for [like] the same services in the courts of the state.
        (5) [The several] All departments and agencies of the state, when directed by the governor,
    shall furnish to the board, upon its request, all records, papers, and information in their possession
    relating to any matter before the board.
        Section 12. Section 34-35-5 (Renumbered 07/01/97) is amended to read:
         34-35-5 (Renumbered 07/01/97). Antidiscrimination Division -- Powers.
        (1) The Utah Antidiscrimination Division may:
        (a) appoint and prescribe the duties of investigators and other employees and agents that it
    considers necessary for the enforcement of this chapter;
        (b) adopt, publish, amend, and rescind rules, consistent with, and for the enforcement of, this

- 14 -


    chapter;
        (c) receive, reject, investigate, and pass upon complaints alleging discrimination in
    employment, apprenticeship programs, on-the-job training programs, and vocational schools, or the
    existence of a discriminatory or prohibited employment practice by a person, an employer, an
    employment agency, a labor organization, or the employees or members of an employment agency
    or labor organization, a joint apprenticeship committee, and vocational school;
        (d) investigate and study the existence, character, causes, and extent of discrimination in
    employment, apprenticeship programs, on-the-job training programs, and vocational schools in this
    state by employers, employment agencies, labor organizations, joint apprenticeship committees, and
    vocational schools;
        (e) formulate plans for the elimination of discrimination by educational or other means;
        (f) hold hearings upon complaint made against a person, an employer, an employment
    agency, a labor organization or the employees or members of an employment agency or labor
    organization, a joint apprenticeship committee, or a vocational school;
        (g) issue publications and reports of investigations and research that will tend to promote
    good will among the various racial, religious, and ethnic groups of the state, and that will minimize
    or eliminate discrimination in employment because of race, color, sex, religion, national origin, age,
    or handicap;
        (h) prepare and transmit to the governor, at least once each year, reports describing its
    proceedings, investigations, hearings it has conducted and the outcome of those hearings, decisions
    it has rendered, and the other work performed by it;
        (i) recommend policies to the governor, and submit recommendation to employers,
    employment agencies, and labor organizations to implement those policies;
        (j) recommend any legislation concerning discrimination because of race, sex, color, national
    origin, religion, age, or handicap to the governor that it considers necessary;
        (k) within the limits of any appropriations made for its operation, cooperate with other
    agencies or organizations, both public and private, in the planning and conducting of educational
    programs designed to eliminate discriminatory practices prohibited under this chapter; and

- 15 -


        (l) adopt an official seal.
        (2) The division shall investigate alleged discriminatory practices involving officers or
    employees of state government if requested to do so by the Career Service Review Board.
        (3) (a) In any hearing held under the authority of this chapter, the division may:
        (i) subpoena witnesses and compel their attendance at the hearing;
        (ii) administer oaths and take the testimony of any person under oath; and
        (iii) compel any person to produce for examination any books, papers, or other information
    relating to the matters raised by the complaint.
        (b) Any of the following may conduct hearings:
        (i) the commission;
        (ii) any commissioner;
        (iii) the coordinator; or
        (iv) a hearing examiner or agent appointed by the commission.
        (c) If a witness fails or refuses to obey a subpoena issued by the commission, the
    commission may petition the district court to enforce the subpoena.
        (d) [(i) No person may be excused from attending or testifying, or from producing records,
    correspondence, documents, or other evidence in obedience to a subpoena issued by the commission
    under the authority of this section on the ground that the evidence or the testimony required may
    tend to incriminate him or subject him to any penalty or forfeiture.] In the event a witness asserts
    a privilege against self-incrimination, testimony and evidence from the witness may be compelled
    pursuant to Title 77, Chapter 22b, Grants of Immunity.
        [(ii) No person may be prosecuted or subjected to any penalty or forfeiture for or on account
    of any transaction, matter, or thing concerning which he shall be compelled to testify or produce
    evidence after having claimed his privilege against self-incrimination, except that a person testifying
    is not exempt from prosecution and punishment for perjury.]
        Section 13. Section 35-4-502 (Renumbered 07/01/97) is amended to read:
         35-4-502 (Renumbered 07/01/97). Administration of Employment Security Act.
        (1) (a) The Industrial Commission of Utah shall administer this chapter.

- 16 -


        (b) The commission may:
        (i) make, amend, or rescind any rules and special orders;
        (ii) employ persons;
        (iii) make expenditures;
        (iv) require reports;
        (v) make investigations;
        (vi) make audits of any or all funds provided for under this chapter when necessary; and
        (vii) take any other action it considers necessary or suitable to that end.
        (c) (i) The commission shall create the Department of Employment Security for the purpose
    of administering this chapter.
        (ii) All personnel of that department, including a full-time administrator, shall be employed
    on a nonpartisan merit basis.
        (iii) The full-time administrator shall, with the approval of the commission, determine the
    department's organization and methods of procedure in accordance with the provisions of this
    chapter, and shall, under the direction of the commission, supervise the department personnel and
    its operations.
        (iv) The Department of Employment Security shall have an official seal which shall be
    judicially noticed.
        (d) No later than the first day of October of each year, the commission shall submit to the
    governor a report covering the administration and operation of this chapter during the preceding
    calendar year and shall make any recommendations for amendments to this chapter as the
    commission considers proper.
        (e) (i) The report shall include a balance sheet of the moneys in the fund in which there shall
    be provided, if possible, a reserve against liability in future years to pay benefits in excess of the then
    current contributions, which reserve shall be set up by the commission in accordance with accepted
    actuarial principles on the basis of statistics of employment, business activity, and other relevant
    factors for the longest possible period.
        (ii) Whenever the commission believes that a change in contribution or benefit rates will

- 17 -


    become necessary to protect the solvency of the fund, it shall promptly inform the governor and the
    Legislature and make appropriate recommendations.
        (f) Any two commissioners constitute a quorum.
        (g) No vacancy impairs the right of the remaining commissioners to exercise all the powers
    of the commission.
        (2) (a) The commission may make, amend, or rescind rules in accordance with Title 63,
    Chapter 46a, Utah Administrative Rulemaking Act.
        (b) The commission may adopt, amend, or rescind special orders after appropriate notice and
    opportunity to be heard. Special orders become effective ten days after notification or mailing to
    the last-known address of the individuals or concerns affected thereby.
        (3) The commission shall cause to be printed for distribution to the public:
        (a) the text of this chapter;
        (b) the commission's rules;
        (c) the commission's annual reports to the governor; and
        (d) any other material the commission considers relevant and suitable and shall furnish them
    to any person upon application.
        (4) (a) The commission shall appoint on a nonpartisan merit basis, fix the compensation, and
    prescribe the duties and powers of officers, accountants, attorneys, experts, and other personnel as
    necessary in the performance of its duties. The commission shall provide for a merit system
    covering all those persons, classify and fix the minimum standards for the personnel, and formulate
    salary schedules for the service so classified.
        (b) The commission shall hold or provide for holding examinations to determine the
    technical and professional qualifications of applicants for positions in the commission, and provide
    for annual merit ratings of employees in the commission to ascertain whether the employees are
    maintaining the eligibility standards prescribed by the commission and those promulgated by the
    Secretary of Labor.
        (c) No employee may be separated or demoted so long as he meets the eligibility standards
    of performance. When a reduction in personnel is made because of lack of funds, curtailment of

- 18 -


    work, or the elimination of specific positions or classes of positions or identifiable programs, an
    employee thus separated, reclassified, or reassigned shall be separated, reclassified, or reassigned
    without prejudice and in accordance with an established separation formula based on merit system
    principles and tenure of service approved by the commission and the United States Department of
    Labor.
        (d) The commission may delegate to any person so appointed the power and authority it
    considers reasonable and proper for the effective administration of this chapter and may bond any
    person handling moneys or signing checks under this authority.
        (e) The commission may provide for the maintenance of the merit system required under this
    section in cooperation and conjunction with any merit system applicable to any state agency or
    agencies which meets the standards of the commission and those promulgated by the Secretary of
    Labor.
        (f) The commission may, when permissible under federal and state law, make arrangements
    that will permit individuals employed under this chapter to voluntarily elect coverage under the
    United States Civil Service Retirement System with respect to past as well as future services.
        (5) (a) The commission shall appoint a state advisory council composed of:
        (i) not less than five employer representatives chosen from individuals recommended by
    employers, associations, or groups;
        (ii) not less than five employee representatives chosen from individuals recommended by
    employees, associations, or groups; and
        (iii) five public representatives chosen at large.
        (b) The employee representatives shall include both union and nonunion employees who
    fairly represent the percentage in the labor force of the state.
        (c) Employers and employees shall consider nominating members of groups who historically
    may have been excluded from the council, such as women, minorities, and individuals with
    disabilities.
        (d) (i) Except as required by Subsection (5)(d)(ii), as terms of current council members
    expire, the commission shall appoint each new member or reappointed member to a four-year term.

- 19 -


        (ii) Notwithstanding the requirements of Subsection (5)(d)(i), the commission shall, at the
    time of appointment or reappointment, adjust the length of terms to ensure that the terms of council
    members are staggered so that approximately half of the council is appointed every two years.
        (e) When a vacancy occurs in the membership for any reason, the replacement shall be
    appointed for the unexpired term.
        (f) The commission shall terminate the term of any council member who ceases to be
    representative as designated by his original appointment.
        (g) The commission may appoint local advisory councils similar in composition to the state
    advisory council.
        (h) The state and local advisory councils shall advise the commission and the Legislature
    in formulating policies and discussing problems related to the administration of this chapter and in
    assuring impartiality and freedom from political influence in the solution of those problems.
        (i) (i) Members shall receive no compensation or benefits for their services, but may receive
    per diem and expenses incurred in the performance of the member's official duties at the rates
    established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (6) (a) The commission, with the advice and aid of its advisory councils, shall take all
    appropriate steps to:
        (i) reduce and prevent unemployment;
        (ii) encourage and assist in the adoption of practical methods of vocational training,
    retraining, and vocational guidance;
        (iii) investigate, recommend, advise, and assist in the establishment and operation by the
    state of reserves for public works to be used in times of business depression and unemployment;
        (iv) promote the creation and development of job opportunities and the reemployment of
    unemployed workers throughout the state in every way that may be feasible;
        (v) plan, coordinate, organize, or direct economic development programs as are necessary
    to maintain or create job opportunities;
        (vi) cooperate with local communities, industries, and organizations in encouraging and

- 20 -


    promoting the full development of the state's mineral, water, and other natural resources;
        (vii) appraise the agricultural and industrial potential of the state; and
        (viii) carry on activities and organize, coordinate, and publish the results of investigations
    and research studies.
        (b) To accomplish these purposes, the commission may enter into agreements with
    governmental or other agencies.
        (7) In the discharge of the duties imposed by this chapter, the administrative law judge or
    duly authorized representative or member of the commission or the board of review, as designated
    by commission rule, may administer oaths and affirmations, take depositions, certify to official acts,
    and issue subpoenas to compel the attendance of witnesses and the production of books, papers,
    correspondence, memoranda, and other records necessary as evidence in connection with a disputed
    matter or the administration of this chapter.
        (8) (a) In case of contumacy by or refusal to obey a subpoena issued to any person, any court
    of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of
    which the person guilty of contumacy or refusal to obey is found or resides or transacts business,
    upon application by an administrative law judge or the board of review or the commission or its duly
    authorized representative, shall have jurisdiction to issue to that person an order requiring the person
    to appear before a commissioner, an administrative law judge, the board of review, or the
    commission or its duly authorized representative to produce evidence, if so ordered, or give
    testimony regarding the matter under investigation or in question. Any failure to obey that order of
    the court may be punished by the court as contempt.
        (b) Any person who, without just cause, fails or refuses to attend and testify or to answer any
    lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is
    in his power to do so, in obedience to a subpoena of an administrative law judge, or the board of
    review, or the commission shall be punished by a fine of not less than $20 nor more than $200 or
    by imprisonment for not longer than 60 days or by both fine and imprisonment. Each day the
    violation continues is a separate offense.
        (9) [(a) No person may be excused from attending and testifying or from producing books,

- 21 -


    papers, correspondence, memoranda, and other records before the commission or its representatives
    or in obedience to the subpoena of the commission, any of its members, or any duly authorized
    representative of the commission in any cause or proceeding before the commission or its
    representatives, on the ground that the testimony or evidence, documentary or otherwise, required
    of him may tend to incriminate him or subject him to a penalty or forfeiture.] In the event a witness
    asserts a privilege against self-incrimination, testimony and evidence from the witness may be
    compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
        [(b) No individual may be prosecuted or subjected to any penalty or forfeiture for or on
    account of any transaction, matter, or thing concerning which he is compelled, after having claimed
    his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise,
    except that the individual testifying is not exempt from prosecution and punishment for perjury
    committed while testifying.]
        (10) (a) In the administration of this chapter, the commission shall cooperate with the United
    States Department of Labor to the fullest extent consistent with the provisions of this chapter and
    shall take action, through the adoption of appropriate rules and administrative methods and
    standards, as necessary to secure to this state and its citizens all advantages available under the
    provisions of the Social Security Act that relate to unemployment compensation, the Federal
    Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment
    Compensation Act of 1970.
        (b) In the administration of Section 35-4-402, which is enacted to conform with the
    requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26 U.S.C.
    3304, the commission shall take any action necessary to ensure that the section is interpreted and
    applied to meet the requirements of the federal act, as interpreted by the United States Department
    of Labor and to secure to this state the full reimbursement of the federal share of extended and
    regular benefits paid under this chapter that are reimbursable under the federal act.
        Section 14. Section 35A-4-502 (Effective 07/01/97) is amended to read:
         35A-4-502 (Effective 07/01/97). Administration of Employment Security Act.
        (1) (a) The department shall administer this chapter through the division.

- 22 -


        (b) The department may make, amend, or rescind any rules and special orders necessary for
    the administration of this chapter.
        (c) The division may:
        (i) employ persons;
        (ii) make expenditures;
        (iii) require reports;
        (iv) make investigations;
        (v) make audits of any or all funds provided for under this chapter when necessary; and
        (vi) take any other action it considers necessary or suitable to that end.
        (d) (i) The department shall create the division pursuant to Section 35A-1-202 for the
    purpose of administering this chapter.
        (ii) All personnel of that division, including a full-time administrator, shall be employed on
    a nonpartisan merit basis.
        (iii) The division director as the full-time administrator shall, with the approval of the
    department, determine the division's organization and methods of procedure in accordance with this
    chapter, and shall, under the direction of the department, supervise the department personnel and its
    operations.
        (iv) For purposes of this chapter, the department shall have an official seal which shall be
    judicially noticed.
        (e) No later than the first day of October of each year, the department shall submit to the
    governor a report covering the administration and operation of this chapter during the preceding
    calendar year and shall make any recommendations for amendments to this chapter as the
    department considers proper.
        (f) (i) The report shall include a balance sheet of the moneys in the fund in which there shall
    be provided, if possible, a reserve against liability in future years to pay benefits in excess of the then
    current contributions, which reserve shall be set up by the division in accordance with accepted
    actuarial principles on the basis of statistics of employment, business activity, and other relevant
    factors for the longest possible period.

- 23 -


        (ii) Whenever the department believes that a change in contribution or benefit rates will
    become necessary to protect the solvency of the fund, it shall promptly inform the governor and the
    Legislature and make appropriate recommendations.
        (2) (a) The department may make, amend, or rescind rules in accordance with Title 63,
    Chapter 46a, Utah Administrative Rulemaking Act.
        (b) The director of the division or the director's designee may adopt, amend, or rescind
    special orders after appropriate notice and opportunity to be heard. Special orders become effective
    ten days after notification or mailing to the last-known address of the individuals or concerns
    affected thereby.
        (3) The director of the division or the director's designee shall cause to be printed for
    distribution to the public:
        (a) the text of this chapter;
        (b) the department's rules pertaining to this chapter;
        (c) the department's annual reports to the governor required by Subsection (1)(e); and
        (d) any other material the director of the division or the director's designee considers relevant
    and suitable and shall furnish them to any person upon application.
        (4) (a) The division shall appoint on a nonpartisan merit basis, fix the compensation, and
    prescribe the duties and powers of officers, accountants, attorneys, experts, and other personnel as
    necessary in the performance of its duties, in accordance with the requirements of Title 67, Chapter
    19, and the rules of the Department of Human Resource Management.
        (b) The division shall hold or provide for holding examinations to determine the technical
    and professional qualifications of applicants for positions in the division, and provide for annual
    merit ratings of employees in the division to ascertain whether the employees are maintaining the
    eligibility standards prescribed by the department and those promulgated by the Secretary of Labor.
        (c) No employee may be separated or demoted so long as he meets the eligibility standards
    of performance, as set forth in Title 67, Chapter 19, Utah State Personnel Management Act, and the
    rules of the Department of Human Resource Management.
        (d) The division may delegate to any person so appointed the power and authority it

- 24 -


    considers reasonable and proper for the effective administration of this chapter and may bond any
    person handling moneys or signing checks under this authority.
        (e) The division may provide for the maintenance of the merit system required under this
    section in cooperation and conjunction with any merit system applicable to any state agency or
    agencies which meets the standards of the department and those promulgated by the Secretary of
    Labor.
        (f) The department may, when permissible under federal and state law, make arrangements
    that will permit individuals employed under this chapter to voluntarily elect coverage under the
    United States Civil Service Retirement System with respect to past as well as future services.
        (g) An employee of the division who no longer may participate in a federal or other
    retirement system as a result of a change in status or appropriation under this chapter may purchase
    credit in a retirement system created under Title 49, Chapter 3, Public Employees' Noncontributory
    Retirement Act, with the employee's assets from the federal or other retirement system in which the
    employee may no longer participate.
        (5) There is created an Employment Security Advisory Council composed of the members
    listed in Subsections (5)(a) and (b).
        (a) The executive director shall appoint:
        (i) not less than five employer representatives chosen from individuals recommended by
    employers, associations, or groups;
        (ii) not less than five employee representatives chosen from individuals recommended by
    employees, associations, or groups; and
        (iii) five public representatives chosen at large.
        (b) (i) The executive director or the executive director's designee shall serve as a nonvoting
    member of the council.
        (ii) Each member of the Workforce Appeals Board shall serve as nonvoting, ex officio
    members of the council.
        (c) The employee representatives shall include both union and nonunion employees who
    fairly represent the percentage in the labor force of the state.

- 25 -


        (d) Employers and employees shall consider nominating members of groups who historically
    may have been excluded from the council, such as women, minorities, and individuals with
    disabilities.
        (e) (i) Except as required by Subsection (5)(e)(ii), as terms of current council members
    expire, the executive director shall appoint each new member or reappointed member to a four-year
    term.
        (ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director shall,
    at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
    council members are staggered so that approximately half of the council is appointed every two
    years.
        (f) When a vacancy occurs in the membership for any reason, the replacement shall be
    appointed for the unexpired term.
        (g) The executive director shall terminate the term of any council member who ceases to be
    representative as designated by his original appointment.
        (h) The council shall advise the department, the division, and the Legislature in formulating
    policies and discussing problems related to the administration of this chapter and in assuring
    impartiality and freedom from political influence in the solution of those problems.
        (i) The executive director or the executive director's designee shall serve as chair of the
    council and call the necessary meetings.
        (j) (i) Members shall receive no compensation or benefits for their services, but may receive
    per diem and expenses incurred in the performance of the member's official duties at the rates
    established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (k) The department shall provide staff support to the council.
        (6) (a) The division, with the advice and aid of its advisory council shall take all appropriate
    steps to:
        (i) reduce and prevent unemployment;
        (ii) encourage and assist in the adoption of practical methods of vocational training,

- 26 -


    retraining, and vocational guidance;
        (iii) investigate, recommend, advise, and assist in the establishment and operation by the
    state of reserves for public works to be used in times of business depression and unemployment;
        (iv) promote the creation and development of job opportunities and the reemployment of
    unemployed workers throughout the state in every way that may be feasible;
        (v) plan, coordinate, organize, or direct economic development programs as are necessary
    to maintain or create job opportunities;
        (vi) cooperate with local communities, industries, and organizations in encouraging and
    promoting the full development of the state's mineral, water, and other natural resources;
        (vii) appraise the agricultural and industrial potential of the state; and
        (viii) carry on activities and organize, coordinate, and publish the results of investigations
    and research studies.
        (b) To accomplish these purposes, the division may enter into agreements with governmental
    or other agencies.
        (7) In the discharge of the duties imposed by this chapter, the administrative law judge or
    the division director or the director's designee as designated by department rule, may administer
    oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the
    attendance of witnesses and the production of books, papers, correspondence, memoranda, and other
    records necessary as evidence in connection with a disputed matter or the administration of this
    chapter.
        (8) (a) In case of contumacy by or refusal to obey a subpoena issued to any person, any court
    of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of
    which the person guilty of contumacy or refusal to obey is found or resides or transacts business,
    upon application by an administrative law judge, the Workforce Appeals Board, or the director of
    the division or the director's designee shall have jurisdiction to issue to that person an order requiring
    the person to appear before the director or the director's designee, an administrative law judge, the
    Workforce Appeals Board, or the director or the director's designee to produce evidence, if so
    ordered, or give testimony regarding the matter under investigation or in question. Any failure to

- 27 -


    obey that order of the court may be punished by the court as contempt.
        (b) Any person who, without just cause, fails or refuses to attend and testify or to answer any
    lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is
    in his power to do so, in obedience to a subpoena of an administrative law judge, or the Workforce
    Appeals Board, or the director of the division or the director's designee shall be punished by a fine
    of not less than $20 nor more than $200 or by imprisonment for not longer than 60 days or by both
    fine and imprisonment. Each day the violation continues is a separate offense.
        (9) [(a) No person may be excused from attending and testifying or from producing books,
    papers, correspondence, memoranda, and other records before the division or in obedience to the
    subpoena of the, or any division in any cause or proceeding before the division, on the ground that
    the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him
    or subject him to a penalty or forfeiture.] In the event a witness asserts a privilege against
    self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77,
    Chapter 22b, Grants of Immunity.
        [(b) No individual may be prosecuted or subjected to any penalty or forfeiture for or on
    account of any transaction, matter, or thing concerning which he is compelled, after having claimed
    his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise,
    except that the individual testifying is not exempt from prosecution and punishment for perjury
    committed while testifying.]
        (10) (a) In the administration of this chapter, the division shall cooperate with the United
    States Department of Labor to the fullest extent consistent with the provisions of this chapter and
    shall take action, through the adoption of appropriate rules by the department and administrative
    methods and standards, as necessary to secure to this state and its citizens all advantages available
    under the provisions of the Social Security Act that relate to unemployment compensation, the
    Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended
    Unemployment Compensation Act of 1970.
        (b) In the administration of Section 35A-4-402, which is enacted to conform with the
    requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26 U.S.C.

- 28 -


    3304, the division shall take any action necessary to ensure that the section is interpreted and applied
    to meet the requirements of the federal act, as interpreted by the United States Department of Labor
    and to secure to this state the full reimbursement of the federal share of extended and regular benefits
    paid under this chapter that are reimbursable under the federal act.
        Section 15. Section 35A-5-104 (Effective 07/01/97) is amended to read:
         35A-5-104 (Effective 07/01/97). Powers.
        (1) The department may adopt, publish, amend, and rescind rules, consistent with, and for
    the enforcement of this chapter.
        (2) The division may:
        (a) appoint and prescribe the duties of investigators and other employees and agents that it
    considers necessary for the enforcement of this chapter;
        (b) receive, reject, investigate, and pass upon complaints alleging discrimination in
    employment, apprenticeship programs, on-the-job training programs, and vocational schools, or the
    existence of a discriminatory or prohibited employment practice by a person, an employer, an
    employment agency, a labor organization, or the employees or members of an employment agency
    or labor organization, a joint apprenticeship committee, and vocational school;
        (c) investigate and study the existence, character, causes, and extent of discrimination in
    employment, apprenticeship programs, on-the-job training programs, and vocational schools in this
    state by employers, employment agencies, labor organizations, joint apprenticeship committees, and
    vocational schools;
        (d) formulate plans for the elimination of discrimination by educational or other means;
        (e) hold hearings upon complaint made against a person, an employer, an employment
    agency, a labor organization or the employees or members of an employment agency or labor
    organization, a joint apprenticeship committee, or a vocational school;
        (f) issue publications and reports of investigations and research that will tend to promote
    good will among the various racial, religious, and ethnic groups of the state, and that will minimize
    or eliminate discrimination in employment because of race, color, sex, religion, national origin, age,
    or handicap;

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        (g) prepare and transmit to the governor, at least once each year, reports describing its
    proceedings, investigations, hearings it has conducted and the outcome of those hearings, decisions
    it has rendered, and the other work performed by it;
        (h) recommend policies to the governor, and submit recommendation to employers,
    employment agencies, and labor organizations to implement those policies;
        (i) recommend any legislation concerning discrimination because of race, sex, color, national
    origin, religion, age, or handicap to the governor that it considers necessary; and
        (j) within the limits of any appropriations made for its operation, cooperate with other
    agencies or organizations, both public and private, in the planning and conducting of educational
    programs designed to eliminate discriminatory practices prohibited under this chapter.
        (3) The division shall investigate alleged discriminatory practices involving officers or
    employees of state government if requested to do so by the Career Service Review Board.
        (4) (a) In any hearing held under the authority of this chapter, the division may:
        (i) subpoena witnesses and compel their attendance at the hearing;
        (ii) administer oaths and take the testimony of any person under oath; and
        (iii) compel any person to produce for examination any books, papers, or other information
    relating to the matters raised by the complaint.
        (b) The division director or a hearing examiner appointed by the division director may
    conduct hearings.
        (c) If a witness fails or refuses to obey a subpoena issued by the division, the division may
    petition the district court to enforce the subpoena.
        (d) [(i) No person may be excused from attending or testifying, or from producing records,
    correspondence, documents, or other evidence in obedience to a subpoena issued by the division
    under the authority of this section on the ground that the evidence or the testimony required may
    tend to incriminate him or subject him to any penalty or forfeiture.] In the event a witness asserts
    a privilege against self-incrimination, testimony and evidence from the witness may be compelled
    pursuant to Title 77, Chapter 22b, Grants of Immunity.
        [(ii) No person may be prosecuted or subjected to any penalty or forfeiture for or on account

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    of any transaction, matter, or thing concerning which he shall be compelled to testify or produce
    evidence after having claimed his privilege against self-incrimination, except that a person testifying
    is not exempt from prosecution and punishment for perjury.]
        Section 16. Section 76-7-101 is amended to read:
         76-7-101. Bigamy -- Defense -- Testimony.
        (1) A person is guilty of bigamy when, knowing he has a husband or wife or knowing the
    other person has a husband or wife, [he] the person purports to marry another person or cohabits with
    another person.
        (2) Bigamy is a felony of the third degree.
        (3) It shall be a defense to bigamy that the accused reasonably believed he and the other
    person were legally eligible to remarry.
        [(4) Any person, except the defendant, may be compelled to testify in a prosecution under
    this section; provided, however, that the evidence given in the prosecution shall not be used against
    him in any proceeding, civil or criminal, except for perjury in giving the testimony. A person so
    testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense
    concerning which such testimony was given.]
        Section 17. Section 76-8-806 is amended to read:
         76-8-806. Witnesses required to testify and produce evidence -- Facts kept secret until
     complaint filed.
        [No person shall be excused from attending, testifying, producing any books, papers, or other
    documents before any court, magistrate, referee, or grand jury upon any investigation, proceeding,
    or trial, for or relating to or concerned with a violation of any section of this part or attempt to
    commit any violation, upon the ground or for the reason that the testimony or evidence, documentary
    or otherwise, required of him by the state may tend to convict him of a crime or subject him to
    penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for
    or on account of any transaction, matter or thing concerning which he may so testify or produce
    evidence, documentary or otherwise, and no testimony so given or produced shall be received
    against him, upon any criminal investigation, proceeding or trial, except upon a prosecution for

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    perjury or contempt of court based upon the giving or producing of the testimony. No] A person
    [shall] may not make public any evidence of fact or the name of the person accused of violating the
    provisions of Sections 76-8-802, 76-8-803, 76-8-804, and 76-8-805 prior to the filing of a formal
    complaint by the prosecuting attorney or committing magistrate charged with the performance of
    that duty.
        Section 18. Section 77-22-1 is amended to read:
         77-22-1. Declaration of necessity.
        It is declared, as a matter of legislative determination, that it is necessary to grant subpoena
    powers in aid of criminal investigations and to provide a method of keeping information gained from
    investigations secret both to protect the innocent and to prevent criminal suspects from having access
    to information prior to prosecution [and to clarify the power of the attorney general and county
    attorneys to grant immunity from prosecution to witnesses whose testimony is essential to the proper
    conduct of a criminal investigation or prosecution].
        Section 19. Section 77-22b-1 is enacted to read:
    
CHAPTER 22b. GRANTS OF IMMUNITY

         77-22b-1. Immunity granted to witness.
        (1) (a) A witness who refuses, or is likely to refuse, on the basis of his privilege against
    self-incrimination to testify or provide evidence or information in a criminal investigation, including
    a grand jury investigation or prosecution of a criminal case, or in aid of an investigation or inquiry
    being conducted by a government agency or commission, or by either house of the Legislature, a
    joint committee of the two houses, or a committee or subcommittee of either house may be
    compelled to testify or provide evidence or information by any of the following, after being granted
    use immunity with regards to the compelled testimony or production of evidence or information:
        (i) the attorney general or any assistant attorney general authorized by the attorney general;
        (ii) a district attorney or any deputy district attorney authorized by a district attorney;
        (iii) in a county not within a prosecution district, a county attorney or any deputy county
    attorney authorized by a county attorney;
        (iv) a special counsel for the grand jury;

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        (v) a prosecutor pro tempore appointed under the Utah Constitution, Article VIII, Sec. 16;
    or
        (vi) legislative general counsel in the case of testimony pursuant to subpoena before the
    Legislature or any committee of the Legislature having subpoena powers.
        (b) If any prosecutor authorized under Subsection (1)(a) intends to compel a witness to
    testify or provide evidence or information under a grant of use immunity, the prosecutor shall notify
    the witness by written notice. The notice shall include the information contained in Subsection (2)
    and advise the witness that he may not refuse to testify or provide evidence or information on the
    basis of his privilege against self-incrimination. The notice need not be in writing when the grant
    of use immunity occurs on the record in the course of a preliminary hearing, grand jury proceeding,
    or trial.
        (2) Testimony, evidence, or information compelled under Subsection (1) may not be used
    against the witness in any criminal or quasi-criminal case, nor any information directly or indirectly
    derived from this testimony, evidence, or information, unless the testimony, evidence, or information
    is volunteered by the witness or is otherwise not responsive to a question. Immunity does not extend
    to prosecution or punishment for perjury or to giving a false statement in connection with any
    testimony.
        (3) If a witness is granted immunity under Subsection (1), and is later prosecuted for an
    offense that was part of the transaction or events about which the witness was compelled to testify
    or produce evidence or information under a grant of immunity, the burden is on the prosecution to
    show by a preponderance of the evidence that no use or derivative use was made of the compelled
    testimony, evidence, or information in the subsequent case against the witness, and to show that any
    proffered evidence was derived from sources totally independent of the compelled testimony,
    evidence, or information. The remedy for not establishing that any proffered evidence was derived
    from sources totally independent of the compelled testimony, evidence, or information is suppression
    of that evidence only.
        (4) Nothing in this section prohibits or limits prosecutorial authority granted in Section
    77-22-4.5.

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        (5) A county attorney within a prosecution district shall have the authority to grant immunity
    only as provided in Section 17-18-1.5.
        (6) For purposes of this section, "quasi-criminal" means only those proceedings that are
    determined by a court to be so far criminal in their nature that a defendant has a constitutional right
    to not incriminate himself.
        Section 20. Section 77-22b-2 is enacted to read:
         77-22b-2. Refusal of witness to testify or produce evidence or information.
        (1) A witness who has been served with notice under Section 77-22b-1 and refuses to
    comply with the notice may be required to show cause before the district court why the witness
    should not be compelled to testify or otherwise produce evidence or information.
        (2) If, after notice and hearing, the court finds that the witness should be compelled to testify
    or otherwise produce evidence or information, it shall order the witness to comply. If the witness
    then refuses to comply, the witness may be held in contempt of court.
        Section 21. Repealer.
        This act repeals:
        Section 20A-1-702, Offenders as witnesses -- Privilege.
        Section 58-37-16, Powers to order testimony of witnesses or production of evidence --
     Immunity of witness compelled to testify.
        Section 62A-11-318, Attorney general -- Power to grant immunity -- Privileged
     testimony -- Refusal to answer questions or produce evidence -- Procedures -- Penalties.
        Section 77-22-3, Immunity granted to witness -- False testimony -- Refusal of witness
     to testify or produce evidence.
        Section 22. Effective date.
        The amendments to Sections 35A-4-502 and 35A-5-104 in this act take effect on July 1,
    1997.

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