S.B. 109 Enrolled

STATE LAW LIBRARY AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard
AN ACT RELATING TO COMMUNITY AND ECONOMIC DEVELOPMENT; CHANGING
PROVISIONS RELATING TO THE STATE LAW LIBRARY; AMENDING DUTIES OF
STATE LAW LIBRARIAN; ELIMINATING LIABILITY OF STATE LAW LIBRARIAN;
AMENDING PENALTY FOR UNAUTHORIZED TAKING OR INJURY OF BOOKS
CHANGING FUNDING OF THE LIBRARY; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
9-7-304, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-7-305, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-7-307, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-7-309, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-7-311, as renumbered and amended by Chapter 241, Laws of Utah 1992
21-1-4, as last amended by Chapter 4, Laws of Utah 1993
REPEALS:
9-7-310, as renumbered and amended by Chapter 241, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-7-304 is amended to read:
9-7-304. Book register -- Time limit.
(1) The state law librarian shall keep a register of all books issued and returned, showing
to whom issued, by whom returned, and the time issued and returned.
(2) No book taken from the law library may be detained more than ten days, except by
permission of the state law [Library] librarian.
Section 2. Section 9-7-305 is amended to read:
9-7-305. Injury to and failure to return books -- Action.
(1) If any person injures any book owned by the state law library or fails to return any

book taken from the State Law Library, [he] that person shall pay [to] the state law librarian [for the
use of the State Law Library] all loss or damage sustained because of the injury or failure to return,
including costs and reasonable attorneys' fees[, which shall be recovered in an action in the name
of the state].
(2) The state law librarian, in behalf of the state, shall bring action in the name of the state
for the collection of all damages sustained and all losses and penalties imposed under this section.
Section 3. Section 9-7-307 is amended to read:
9-7-307. Catalogue -- Rules.
The state law librarian shall catalogue all books, pamphlets, maps, charts, globes, papers,
apparatus, and valuable specimens in the State Law Library and shall post in some conspicuous place
a copy of the rules of the State Law Library. The catalogue shall be [printed and distributed] made
available, whether electronically or in writing, to the persons entitled to withdraw books from the
State Law Library under Section 9-7-303.
Section 4. Section 9-7-309 is amended to read:
9-7-309. Sale and exchange of books.
The [board of control of the State Law Library] state law librarian may sell or exchange any
surplus or duplicate sets of books in the State Law Library and use the proceeds from the sale to
purchase other books for the State Law Library.
Section 5. Section 9-7-311 is amended to read:
9-7-311. Wrongful withdrawal of books -- Penalty.
If any person not authorized by [this part] Section 9-7-303 takes a book from the State Law
Library, either with or without the consent of the state law librarian, or violates any of the provisions
of this part, [he] that person shall be fined [in any sum not less than $10 nor more than] the full cost
of replacing the book, plus $50 for each book so taken.
Section 6. Section 21-1-4 is amended to read:
21-1-4. Fees for certificate of admission.
The appellate courts shall receive a $50 fee for a certificate of admission as attorney and
counselor, $30 of which shall be retained by the state treasurer [as a special fund] for the benefit of

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the State Law Library, to be expended by the [board of control] Judicial Council.
Section 7. Repealer.
This act repeals:
Section 9-7-310, Liability of law librarian.

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