1     
MISDEMEANOR AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Marc K. Roberts

6     

7     LONG TITLE
8     General Description:
9          This bill modifies penalties in county and municipal ordinances and the Utah Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals a criminal provision in the Wildlife Resources Code of Utah that is
13     addressed by another provision of law;
14          ▸     designates offenses currently designated as misdemeanors for which a punishment
15     or classification is not specified in the Utah Code as class B misdemeanors;
16          ▸     reduces to an infraction the default penalty for offenses designated as misdemeanors
17     for which a punishment or classification is not specified in the Utah Code and, as of
18     a certain date, in a county or municipal ordinance; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          9-7-214, as renumbered and amended by Laws of Utah 1992, Chapter 241
27          9-9-211, as renumbered and amended by Laws of Utah 1992, Chapter 241
28          10-3-908, as enacted by Laws of Utah 1977, Chapter 48
29          11-1-6, Utah Code Annotated 1953

30          11-6-3, Utah Code Annotated 1953
31          13-10-6, as last amended by Laws of Utah 1995, Chapter 325
32          17-30-22, as last amended by Laws of Utah 2011, Chapter 297
33          17-43-308, as renumbered and amended by Laws of Utah 2003, Chapter 22
34          23-15-4, as enacted by Laws of Utah 1971, Chapter 46
35          30-1-11, Utah Code Annotated 1953
36          30-1-39, as enacted by Laws of Utah 1971, Chapter 64
37          34-19-12, as enacted by Laws of Utah 1969, Chapter 85
38          34-28-4, as enacted by Laws of Utah 1969, Chapter 85
39          34-28-12, as enacted by Laws of Utah 1969, Chapter 85
40          34-29-1, as last amended by Laws of Utah 2011, Chapter 297
41          34-29-6, as last amended by Laws of Utah 1988, Chapter 133
42          34-29-20, as enacted by Laws of Utah 1969, Chapter 85
43          34-30-9, as enacted by Laws of Utah 1969, Chapter 85
44          34-32-3, as enacted by Laws of Utah 1969, Chapter 85
45          34-33-2, as enacted by Laws of Utah 1969, Chapter 85
46          34-34-17, as enacted by Laws of Utah 1969, Chapter 85
47          34A-2-108, as renumbered and amended by Laws of Utah 1997, Chapter 375
48          34A-2-803, as renumbered and amended by Laws of Utah 1997, Chapter 375
49          39-1-53, as last amended by Laws of Utah 1963, Chapter 61
50          39-7-113, as last amended by Laws of Utah 2008, Chapter 122
51          39-7-114, as enacted by Laws of Utah 1997, Chapter 306
52          39-7-115, as enacted by Laws of Utah 1997, Chapter 306
53          39-7-117, as enacted by Laws of Utah 1997, Chapter 306
54          42-3-5, Utah Code Annotated 1953
55          52-3-3, as last amended by Laws of Utah 1953, Chapter 79
56          53B-3-108, as enacted by Laws of Utah 1987, Chapter 167
57          53B-17-304, as enacted by Laws of Utah 1987, Chapter 167

58          53E-4-407, as last amended by Laws of Utah 2001, Chapter 84
59          54-3-21, Utah Code Annotated 1953
60          54-5-4, Utah Code Annotated 1953
61          56-1-12, Utah Code Annotated 1953
62          56-1-14, as last amended by Laws of Utah 1975, First Special Session, Chapter 9
63          56-1-16, Utah Code Annotated 1953
64          56-1-29, as enacted by Laws of Utah 1961, Chapter 131
65          63A-5-502, as renumbered and amended by Laws of Utah 2008, Chapter 382
66          71-10-3, as last amended by Laws of Utah 1993, Chapter 133
67          72-10-412, as renumbered and amended by Laws of Utah 1998, Chapter 270
68          76-3-104, as enacted by Laws of Utah 1973, Chapter 196
69          78A-2-411, as renumbered and amended by Laws of Utah 2008, Chapter 3
70          78A-6-111, as last amended by Laws of Utah 2017, Chapter 330
71          78B-1-126, as renumbered and amended by Laws of Utah 2008, Chapter 3
72     REPEALS:
73          23-20-27, as enacted by Laws of Utah 1973, Chapter 33
74     

75     Be it enacted by the Legislature of the state of Utah:
76          Section 1. Section 9-7-214 is amended to read:
77          9-7-214. Intentionally defacing, injuring, destroying, or refusing to return
78     property -- Misdemeanor.
79          Whoever intentionally defaces, injures, or refuses to return on demand, or destroys any
80     property belonging to the state library or loaned through its coordinating agencies or facilities,
81     [shall be] is guilty of a class B misdemeanor.
82          Section 2. Section 9-9-211 is amended to read:
83          9-9-211. Hunting, trapping, or fishing on reservation a misdemeanor.
84          Any person who, without lawful authority or permission from constituted tribal
85     authorities, willfully and knowingly goes upon any real property within an Indian reservation

86     belonging to any Indian, or any Indian tribe, band, or community, that is held in trust by the
87     United States or is subject to a restriction against alienation imposed by the United States, for
88     the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish
89     therefrom, is guilty of a class B misdemeanor, and all game, fish, and peltries in [his] the
90     person's possession shall be forfeited to the tribe.
91          Section 3. Section 10-3-908 is amended to read:
92          10-3-908. Noncompliance a misdemeanor.
93          Any city engineer who fails to comply with Sections 10-3-903 through 10-3-907 is
94     guilty of a class B misdemeanor.
95          Section 4. Section 11-1-6 is amended to read:
96          11-1-6. Violation of act a misdemeanor.
97          Anyone violating the provisions of this act [shall be] is guilty of a class B
98     misdemeanor.
99          Section 5. Section 11-6-3 is amended to read:
100          11-6-3. Violation a misdemeanor.
101          A violation of any of the provisions of this chapter is a class B misdemeanor.
102          Section 6. Section 13-10-6 is amended to read:
103          13-10-6. Violation a misdemeanor.
104          Each violation of Section 13-10-4 is a class B misdemeanor.
105          Section 7. Section 17-30-22 is amended to read:
106          17-30-22. Prohibitions against political activities -- Penalties.
107          (1) Any employee of a governmental unit or member of a governing body, or
108     appointing authority, or peace officer who shall appoint, promote, transfer, demote, suspend,
109     discharge or change the amount of compensation of any merit system officer or seek, aid or
110     abet the appointment, promotion, transfer, demotion, suspension, discharge or change in the
111     amount of compensation of any merit system officer, or promise or threaten to do so, for
112     giving, withholding, or neglecting to make any contributions or any service for any political
113     purpose, or who solicits, directly or indirectly, any such contribution or service, from a merit

114     system officer, [shall be] is guilty of a class B misdemeanor. This section does not apply to
115     political speeches or use of mass communications media for political purposes by persons not
116     merit system officers even though merit system officers may be present or within the reach of
117     such media unless the purpose and intent is to violate this section with direct respect to those
118     officers.
119          (2) No merit system officer may engage in any political activity during the hours of
120     employment, nor shall any person solicit political contributions from merit system officers
121     during hours of employment for political purposes; but nothing in this section shall preclude
122     voluntary contributions by a merit system officer to the party or candidate of the officer's
123     choice.
124          Section 8. Section 17-43-308 is amended to read:
125          17-43-308. Specified treatments prohibited -- Criminal penalties.
126          (1) It is a class B misdemeanor to give shock treatment, lobotomy, or surgery to anyone
127     without the written consent of the person's next of kin or legal guardian. Services provided
128     under this part are governed by Title 58, Chapter 67, Utah Medical Practice Act.
129          (2) It is a felony to give psychiatric treatment, nonvocational mental health counseling,
130     case-finding testing, psychoanalysis, drugs, shock treatment, lobotomy, or surgery to any
131     individual for the purpose of changing his concept of, belief about, or faith in God.
132          Section 9. Section 23-15-4 is amended to read:
133          23-15-4. Screens or other devices required -- Failure to install after notice a
134     misdemeanor.
135          It is unlawful for any person, company or corporation to take any water from the state
136     streams, lakes or reservoirs for power purposes, or for waterworks, without first furnishing and
137     maintaining suitable screens or other devices to prevent fish from entering such power plants,
138     millraces or waterworks system; said screen or other devices to be built and maintained under
139     the direction of the board and at the expense of said owner or operators. The failure of any
140     person, firm or corporation to install a screen or device within 30 days after notice in writing so
141     to do has been given by the board [shall constitute a] is a class B misdemeanor.

142          Section 10. Section 30-1-11 is amended to read:
143          30-1-11. Return of license after ceremony -- Failure -- Penalty.
144          (1) The [person] individual solemnizing the marriage shall within 30 days thereafter
145     return the license to the clerk of the county whence it issued, with a certificate of the marriage
146     over [his] the individual's signature, giving the date and place of celebration and the names of
147     two or more witnesses present at the marriage. [For failure]
148          (2) An individual described in Subsection (1) who fails to make [such] the return [he
149     shall be] is guilty of a class B misdemeanor.
150          Section 11. Section 30-1-39 is amended to read:
151          30-1-39. Violation of counseling provisions -- Misdemeanor.
152          [Any person] An individual coming within the provisions of this act who falsely
153     represents that [he] the individual has complied with the requirements of a master plan for
154     premarital counseling or who, for the purpose of evading the provisions of this act, applies for
155     a marriage license in a county within the state of Utah which does not require premarital
156     counseling, is guilty of a class B misdemeanor.
157          Section 12. Section 34-19-12 is amended to read:
158          34-19-12. Deputizing of employees prohibited.
159          (1) No employee of any employer whose employees are on strike or lockout for any
160     reason shall be deputized for any purpose arising from or in connection with such strike by any
161     sheriff, chief of police, town marshal, officer of the highway patrol, or any other peace officer
162     during the time such strike or lockout exists.
163          (2) Any person who violates the provisions of this section [shall be] is guilty of a class
164     B misdemeanor.
165          Section 13. Section 34-28-4 is amended to read:
166          34-28-4. Notice of paydays -- Failure to notify a misdemeanor.
167          (1) It shall be the duty of every employer to notify [his] the employer's employees at the
168     time of hiring of the day and place of payment, of the rate of pay, and of any change with
169     respect to any of these items prior to the time of the change. Alternatively, however, every

170     employer shall have the option of giving such notification by posting these facts and keeping
171     them posted conspicuously at or near the place of work where such posted notice can be seen
172     by each employee as [he] the employee comes or goes to [his] the employee's place of work.
173          (2) Failure to post and to keep posted any notice or failure to give notice as prescribed
174     in this section [shall be deemed a] is a class B misdemeanor [and punishable as such].
175          Section 14. Section 34-28-12 is amended to read:
176          34-28-12. Violations -- Misdemeanor.
177          (1) Any employer who [shall violate, or fail] violates or fails to comply with any of the
178     provisions of this chapter [shall be] is guilty of a class B misdemeanor.
179          (2) Any employer who shall refuse to pay the wages due and payable when demanded
180     as in this chapter provided, or who shall falsely deny the amount thereof, or that the same is
181     due, with intent to secure for [himself] the employer or any other person any discount upon
182     such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person
183     to whom such indebtedness is due, or who hires additional employees without advising each of
184     them of every wage claim due and unpaid and of every judgment that the employer has failed
185     to satisfy, [shall be] is guilty of a class B misdemeanor.
186          Section 15. Section 34-29-1 is amended to read:
187          34-29-1. License required -- Agencies for teachers excepted.
188          It [shall be] is unlawful for any person to open and establish in any city or town, or
189     elsewhere within the limits of this state, any intelligence or employment office for the purpose
190     of procuring or obtaining for money or other valuable consideration, either directly or
191     indirectly, any work or employment for persons seeking the same, or to otherwise engage in
192     such business, or in any way to act as a broker or go-between between employers and persons
193     seeking work, without first having obtained a license so to do from the city, town, or, if not
194     within any city or town, from the county where such intelligence or employment office is to be
195     opened or such business is to be carried on. Any person performing any of these services shall
196     be deemed to be an employment agent within the meaning of this chapter, but the provisions of
197     Section 34-29-10 do not apply to any person operating agencies for schoolteachers; but it [shall

198     be a] is a class B misdemeanor for any schoolteachers' employment agency to receive as
199     commission for information or assistance such as is described herein any consideration in value
200     in excess of 5% of the amount of the first year's salary of the person to whom such information
201     is furnished.
202          Section 16. Section 34-29-6 is amended to read:
203          34-29-6. Referring employment to unlawful places -- Penalty.
204          Any employment agent who knowingly refers employment to any place of bad repute,
205     house of ill fame, assignation house, or to any house or place of amusement kept for immoral
206     purposes, is guilty of a class B misdemeanor. In addition to any other penalty, the agent's
207     license shall be revoked.
208          Section 17. Section 34-29-20 is amended to read:
209          34-29-20. False orders for employees -- Misdemeanor.
210          Any person who gives to an employment agent any false or unauthorized order for
211     employees, or who causes to be published in any newspaper or otherwise any false or
212     unauthorized notice or statement that employees are wanted by any person, is guilty of a class
213     B misdemeanor.
214          Section 18. Section 34-30-9 is amended to read:
215          34-30-9. Violation of chapter -- Failure to keep or produce records --
216     Misdemeanor.
217          Any officer, agent or representative of the state, or of any political subdivision, district
218     or municipality of it who shall violate, or omit to comply with any of the provisions of this
219     chapter, and any contractor or subcontractor, or agent or representative thereof, doing such
220     public work, who shall neglect to keep, or cause to be kept, an accurate record of the names,
221     occupation and actual wages paid to each laborer, workman and mechanic employed by him or
222     her, in connection with this public work or who shall refuse to allow access to same at any
223     reasonable hour to any person authorized to inspect same under this chapter [shall be] is guilty
224     of a class B misdemeanor.
225          Section 19. Section 34-32-3 is amended to read:

226          34-32-3. Failure to comply -- Penalty.
227          Any employer, dealer or processor who willfully fails to comply with the duties
228     imposed by this chapter [shall be] is guilty of a class B misdemeanor.
229          Section 20. Section 34-33-2 is amended to read:
230          34-33-2. Violation a misdemeanor.
231          Any person, firm, corporation or partnership violating the provisions of this chapter
232     [shall be] is guilty of a class B misdemeanor.
233          Section 21. Section 34-34-17 is amended to read:
234          34-34-17. Violation of act a misdemeanor.
235          A violation of this act [shall constitute a] is a class B misdemeanor, and each day such
236     unlawful conduct, as defined in this chapter, is in effect or continued [shall be deemed] is a
237     separate offense and [shall be] is punishable as such, as provided in this chapter.
238          Section 22. Section 34A-2-108 is amended to read:
239          34A-2-108. Void agreements between employers and employees.
240          (1) Except as provided in Section 34A-2-420, an agreement by an employee to waive
241     the employee's rights to compensation under this chapter or Chapter 3, Utah Occupational
242     Disease Act, is not valid.
243          (2) An agreement by an employee to pay any portion of the premium paid by [his] the
244     employee's employer is not valid.
245          (3) Any employer who deducts any portion of the premium from the wages or salary of
246     any employee entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease
247     Act:
248          (a) is guilty of a class B misdemeanor; and
249          (b) shall be fined not more than $100 for each such offense.
250          Section 23. Section 34A-2-803 is amended to read:
251          34A-2-803. Violation of judgments, orders, decrees, or provisions of chapter --
252     Grade of offense.
253          (1) An employer, employee, or other person is guilty of a class B misdemeanor if that

254     employer, employee, or other person violates this chapter or Chapter 3, Utah Occupational
255     Disease Act, including:
256          (a) doing any act prohibited by this chapter or Chapter 3, Utah Occupational Disease
257     Act;
258          (b) failing or refusing to perform any duty lawfully imposed under this chapter or
259     Chapter 3, Utah Occupational Disease Act; or
260          (c) failing, neglecting, or refusing to obey any lawful order given or made by the
261     commission, or any judgment or decree made by any court in connection with the provisions of
262     this chapter or Chapter 3, Utah Occupational Disease Act.
263          (2) Every day during which any person fails to observe and comply with any order of
264     the commission, or to perform any duty imposed by this chapter or Chapter 3, Utah
265     Occupational Disease Act, [shall constitute] is a separate and distinct offense.
266          Section 24. Section 39-1-53 is amended to read:
267          39-1-53. Military units not to leave state.
268          No military unit of the Army or Air National Guard, unless called into the service of the
269     United States, shall leave the state with arms and equipment without the consent of the
270     commander in chief, and any person causing any unit to so leave the state is guilty of a class B
271     misdemeanor.
272          Section 25. Section 39-7-113 is amended to read:
273          39-7-113. Eviction or distress of dependents.
274          (1) A landlord may not evict or take and hold property of a service member or the
275     service member's dependents for nonpayment of rent during the period of military service if the
276     rent on the premises occupied by the service member or the service member's dependents is
277     less than $2,400 per month unless a court allows it after application to the court and an order
278     granted in an action or proceeding affecting the right of possession.
279          (2) In any action affecting the right of possession, the court may, on its own motion,
280     stay the proceedings for not longer than three months, or make any order the court determines
281     to be reasonable and just under the circumstances, unless the court finds that the ability of the

282     tenant to pay the agreed rent is not materially affected by reason of the service member's
283     military service.
284          (3) When a stay is granted or other order is made by the court, the owner of the
285     premises shall be entitled, upon application, to relief with respect to the premises similar to that
286     granted service members in military service in Sections 39-7-114 through 39-7-116 to the
287     extent and for any period as the court determines to be just and reasonable under the
288     circumstances.
289          (4) Any person who knowingly takes part in any eviction or distress otherwise than as
290     provided in Subsection (1), or attempts to do so, is guilty of a class B misdemeanor.
291          (5) The governor is empowered to order an allotment of the pay of a service member in
292     military service in reasonable proportion to discharge the rent of premises occupied for
293     dwelling purposes by any dependents of the service member.
294          Section 26. Section 39-7-114 is amended to read:
295          39-7-114. Installment contracts.
296          (1) The creditor of a service member who, prior to entry into military service, has
297     entered into an installment contract for the purchase of real or personal property may not
298     terminate the contract or repossess the property for nonpayment or any breach occurring during
299     military service without an order from a court of competent jurisdiction.
300          (2) The court, upon application to it under this section, may, unless the court finds on
301     the record that the ability of the service member to comply with the terms of the contract is not
302     materially affected by reason of [his] the service member's military service:
303          (a) order repayment of any prior installments or deposits as a condition of terminating
304     the contract and resuming possession of the property;
305          (b) order a stay of the proceedings on its own motion, or on motion by the service
306     member or another person on [his] the service member's behalf; or
307          (c) make any other disposition of the case it considers to be equitable to conserve the
308     interests of all parties.
309          (3) Any person who knowingly repossesses property which is the subject of this section

310     other than as provided in Subsection (1) is guilty of a class B misdemeanor.
311          Section 27. Section 39-7-115 is amended to read:
312          39-7-115. Mortgage foreclosures.
313          (1) The creditor of a service member who, prior to entry into military service, has
314     entered into a mortgage contract with the service member or [his] the service member's
315     dependent for the purchase of real or personal property may not foreclose on the mortgage or
316     repossess the property for nonpayment or any breach occurring during military service without
317     an order from a court of competent jurisdiction.
318          (2) The court, upon application to it under this section, may, unless the court finds on
319     the record that the ability of the service member to comply with the terms of the mortgage is
320     not materially affected by reason of [his] the service member's military service:
321          (a) order repayment of any prior installments or deposits as a condition of terminating
322     the contract and resuming possession of the property;
323          (b) order a stay of the proceedings on its own motion, or on motion by the service
324     member or another person on [his] the service member's behalf; or
325          (c) make any other disposition of the case as it considers to be equitable to conserve the
326     interests of all parties.
327          (3) In order to come within the provisions of this section, the service member or
328     dependent shall establish the following:
329          (a) that relief is sought on an obligation secured by a mortgage, trust deed, or other
330     security in the nature of a mortgage on either real or personal property;
331          (b) that the obligation originated prior to the service member's entry into military
332     service;
333          (c) that the property was owned by the service member or [his] the service member's
334     dependent prior to the commencement of military service; and
335          (d) that the property is still owned by the service member or [his] the service member's
336     dependent at the time relief is sought.
337          (4) Any person who knowingly forecloses on property which is the subject of this

338     section other than as provided in Subsection (1) is guilty of a class B misdemeanor.
339          Section 28. Section 39-7-117 is amended to read:
340          39-7-117. Storage liens.
341          (1) A person may not exercise any right to foreclose or enforce any lien for storage of
342     household goods, furniture, or personal effects of a service member in military service during
343     the service member's period of military service and for 60 days after termination or discharge,
344     except upon an order previously granted by a court upon application and a return to the court
345     made and approved by the court. In the proceeding the court may, after hearing the matter, on
346     its own motion, and shall, on application to it by the service member in military service or
347     another person on [his] the service member's behalf, unless in the opinion of the court the
348     ability of the service member to pay the storage charges due is not materially affected by reason
349     of [his] the service member's military service:
350          (a) stay the proceedings as provided in this chapter; or
351          (b) make any other disposition the court considers to be equitable to conserve the
352     interest of all the parties.
353          (2) The enactment of the provisions of this section may not be construed in any way as
354     affecting or limiting the scope of Section 39-7-115.
355          (3) Any person who knowingly takes any action contrary to the provisions of this
356     section, or attempts to do so, is guilty of a class B misdemeanor.
357          Section 29. Section 42-3-5 is amended to read:
358          42-3-5. Use of name by another -- Penalty.
359          It is a class B misdemeanor for any person other than the person in whose name a farm
360     is registered to use such registered name for any other farm.
361          Section 30. Section 52-3-3 is amended to read:
362          52-3-3. Penalty.
363          Any person violating any of the provisions of this chapter is guilty of a class B
364     misdemeanor.
365          Section 31. Section 53B-3-108 is amended to read:

366          53B-3-108. Violation of chapter a misdemeanor.
367          A violation of this chapter is a class B misdemeanor.
368          Section 32. Section 53B-17-304 is amended to read:
369          53B-17-304. Failure to comply with chapter is a misdemeanor.
370          A person who commits the following violations is guilty of a class B misdemeanor:
371          (1) failure or neglect to give notice required under Subsection 53B-17-301(1); or
372          (2) failure or neglect to forward a body upon request under Subsection 53B-17-301(3).
373          Section 33. Section 53E-4-407 is amended to read:
374          53E-4-407. Illegal acts -- Misdemeanor.
375          It is a class B misdemeanor for a member of the commission or the board to receive
376     money or other remuneration as an inducement for the recommendation or introduction of
377     instructional materials into the schools.
378          Section 34. Section 54-3-21 is amended to read:
379          54-3-21. Commission to be furnished information and copies of records --
380     Hearings before commission to be public -- Privilege.
381          (1) Every public utility shall furnish to the commission in such form and such detail as
382     the commission shall prescribe all tabulations and computations and all other information
383     required by it to carry into effect any of the provisions of this title, and shall make specific
384     answers to all questions submitted by the commission.
385          (2) Every public utility receiving from the commission any blanks with directions to
386     fill the same shall cause the same to be properly filled so as to answer fully and correctly each
387     question propounded therein; in case it is unable to answer any question, it shall give a good
388     and sufficient reason for such failure.
389          (3) Whenever required by the commission every public utility shall deliver to the
390     commission copies of any or all maps, profiles, contracts, agreements, franchises, reports,
391     books, accounts, papers and records in its possession or in any way relating to its property or
392     affecting its business, and also a complete inventory of all its property in such form as the
393     commission may direct.

394          (4) Hearings or proceedings of the commission or of any commissioner shall be open
395     to the public, and all records of all hearings or proceedings or orders, rules or investigations by
396     the commission or any commissioner shall be at all times open to the public; provided, that any
397     information furnished the commission by a public utility or by any officer, agent or employee
398     of any public utility may be withheld from the public whenever and during such time as the
399     commission may determine that it is for the best interests of the public to withhold such
400     information. Any officer or employee of the commission who in violation of the provisions of
401     this subsection divulges any such information is guilty of a class B misdemeanor.
402          Section 35. Section 54-5-4 is amended to read:
403          54-5-4. Penalties.
404          Any person or corporation which exercises or attempts to exercise any right or privilege
405     as any such utility during the period for which the operating rights of any such utility are
406     suspended as provided in Section 54-5-3 is guilty of a class B misdemeanor. Each day's
407     violation shall constitute a separate offense. Jurisdiction of such offense shall be held to be in
408     any county in which any part of such transaction of business occurred. Every contract made in
409     violation of this section is unenforceable by such corporation or person.
410          Section 36. Section 56-1-12 is amended to read:
411          56-1-12. Injury to livestock -- Notice.
412          Every person operating a railroad within this state that injures or kills any livestock of
413     any description by the running of any engine or engines, car or cars, over or against any such
414     livestock shall within three days thereafter post at the first railroad station in each direction
415     from the place of such injury or killing in some conspicuous place on the outside of such
416     station a notice in writing of the number and kind of animals so injured or killed, with a full
417     description of each, and the time and place as near as may be of such injury or killing. Such
418     notice shall be dated and signed by some officer or agent of such railroad, and a duplicate
419     thereof shall be filed with the county clerk of the county in which stock is so injured or killed.
420     Every person willfully failing, neglecting or refusing to comply with the provisions of this
421     section is guilty of a class B misdemeanor and shall be fined in any sum not exceeding $50.

422          Section 37. Section 56-1-14 is amended to read:
423          56-1-14. Procedures at grade crossings.
424          Every locomotive shall be provided with a bell which shall be rung continuously from a
425     point not less than 80 rods from any city or town street or public highway grade crossing until
426     such city or town street or public highway grade crossing shall be crossed, but, except in towns
427     and at terminal points, the sounding of the locomotive whistle or siren at least one-fourth of a
428     mile before reaching any such grade crossing shall be deemed equivalent to ringing the bell as
429     aforesaid; during the prevalence of fogs, snow and dust storms, the locomotive whistle shall be
430     sounded before each street crossing while passing through cities and towns. All locomotives
431     with or without trains before crossing the main track at grade of any other railroad must come
432     to a full stop at a distance not exceeding 400 feet from the crossing, and must not proceed until
433     the way is known to be clear; two blasts of the whistle or two sounds of the siren shall be
434     sounded at the moment of starting; provided, that whenever interlocking signal apparatus and
435     derailing switches or any other crossing protective device approved by the Department of
436     Transportation is adopted such stop shall not be required.
437          Provided, that local authorities in their respective jurisdiction may by ordinance
438     approved by the Department of Transportation provide more restricted sounding of bells or
439     whistles or sirens than is provided herein and may prescribe points different from those herein
440     set forth at which such signals shall be given and may further restrict such ringing of bells or
441     sounding of whistles or sirens so as to provide for either the ringing of a bell or the sounding of
442     a whistle or of a siren or the elimination of the sounding of such bells or whistles or sirens or
443     either of them, except in case of emergency.
444          The term locomotive as used herein shall mean every self-propelled steam engine,
445     electrically propelled interurban car and so-called diesel operated locomotive.
446          Every person in charge of a locomotive violating the provisions of this section is guilty
447     of a class B misdemeanor, and the railroad company shall be liable for all damages which any
448     person may sustain by reason of such violation.
449          Section 38. Section 56-1-16 is amended to read:

450          56-1-16. Time schedules to be maintained -- Notice of delays.
451          Every railroad company shall start and run its trains for the transportation of persons
452     and property at such regular times as it shall fix by public notice, and the station agents thereof
453     shall announce on a bulletin board, placed in a conspicuous and public place at each station not
454     less than 15 minutes before the regular time of departure of each passenger train, the time of
455     such departure, or if the train is delayed, the probable duration of such delay, and on failure to
456     do so is guilty of a class B misdemeanor. The railroad company shall be liable for all damages
457     that may be sustained by any person by reason of the failure of any of its station agents to
458     observe the requirements of this section.
459          Section 39. Section 56-1-29 is amended to read:
460          56-1-29. Removal or use of first-aid kit except for proper purpose --
461     Misdemeanor.
462          Any person or any employee of the railroad company who shall remove, carry away
463     from its proper place or use any emergency first-aid kit provided for in this act, except for the
464     purpose of administering first-aid in the event of injury to any passenger, employee, or other
465     person in any accident whereby said kit may be made available at once, [shall be deemed] is
466     guilty of a class B misdemeanor.
467          Section 40. Section 63A-5-502 is amended to read:
468          63A-5-502. Violation -- Misdemeanor.
469          Any person who violates this act [shall be] is guilty of a class B misdemeanor.
470          Section 41. Section 71-10-3 is amended to read:
471          71-10-3. Willful failure to give preference a misdemeanor.
472          Any officers, agents, or representatives of a government entity who is charged with
473     employment of people and who willfully fails to give preference as provided in this chapter is
474     guilty of a class B misdemeanor.
475          Section 42. Section 72-10-412 is amended to read:
476          72-10-412. Violations of chapter or rulings -- Misdemeanor -- Remedies of
477     political subdivisions.

478          (1) Each violation of this part or of any regulations, orders, or rulings [promulgated or]
479     made pursuant to this part, [shall constitute a] is a class B misdemeanor.
480          (2) (a) A political subdivision or agency adopting zoning regulations under this part
481     may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or
482     abate any violation of this part, or of airport zoning regulations adopted under this part, or of
483     any order or ruling made in connection with their administration or enforcement.
484          (b) The court shall adjudge to the plaintiff the relief, by way of injunction or otherwise,
485     as may be proper under all the facts and circumstances of the case, in order fully to effectuate
486     the purposes of this part and of the regulations adopted and orders and rulings made pursuant to
487     them.
488          Section 43. Section 76-3-104 is amended to read:
489          76-3-104. Misdemeanors classified.
490          (1) Misdemeanors are classified into three categories:
491          (a) Class A misdemeanors;
492          (b) Class B misdemeanors;
493          (c) Class C misdemeanors.
494          (2) An offense designated as a misdemeanor[, either] in this code [or in another law,]
495     without specification as to punishment or category[, is a class B misdemeanor.] is an infraction
496     punishable in accordance with Section 76-3-205.
497          (3) Except as provided in Subsection (4), an offense designated as a misdemeanor in a
498     county or municipal ordinance without specification as to punishment or category is a class B
499     misdemeanor.
500          (4) After June 30, 2019, an offense designated as a misdemeanor in a county or
501     municipal ordinance without specification as to punishment or category is an infraction
502     punishable in accordance with Section 76-3-205.
503          Section 44. Section 78A-2-411 is amended to read:
504          78A-2-411. Crimes.
505          Any violation of the provisions of this chapter, except Section 78A-2-404, is a class B

506     misdemeanor.
507          Section 45. Section 78A-6-111 is amended to read:
508          78A-6-111. Appearances -- Parents, guardian, or legal custodian to appear with
509     minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
510     Parent's employer to grant time off -- Appointment of guardian ad litem.
511          (1) Any person required to appear who, without reasonable cause, fails to appear may
512     be proceeded against for contempt of court, and the court may cause a bench warrant to be
513     issued to produce the person in court.
514          (2) In a case when a minor is required to appear in court, the parents, guardian, or other
515     person with legal custody of the minor shall appear with the minor unless excused by the judge.
516          (a) An employee may request permission to leave the workplace for the purpose of
517     attending court if the employee has been notified by the juvenile court that the employee's
518     minor is required to appear before the court.
519          (b) An employer must grant permission to leave the workplace with or without pay if
520     the employee has requested permission at least seven days in advance or within 24 hours of the
521     employee receiving notice of the hearing.
522          (3) If a parent or other person who signed a written promise to appear and bring the
523     child to court under Section 78A-6-112 or 78A-6-113 fails to appear and bring the child to
524     court on the date set in the promise, or, if the date was to be set, after notification by the court,
525     a warrant may be issued for the apprehension of that person.
526          (4) Willful failure to perform the promise is a class B misdemeanor if, at the time of
527     the execution of the promise, the promisor is given a copy of the promise which clearly states
528     that failure to appear and have the child appear as promised is a class B misdemeanor. The
529     juvenile court shall have jurisdiction to proceed against the promisor in adult proceedings
530     pursuant to Part 10, Adult Offenses.
531          (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
532     provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
533     both parents or of the guardian of a child. If neither a parent nor guardian is present at the

534     court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
535     A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
536     whether or not a parent or guardian is present.
537          (6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
538          (a) a summons is issued but cannot be served;
539          (b) it is made to appear to the court that the person to be served will not obey the
540     summons; or
541          (c) serving the summons will be ineffectual.
542          Section 46. Section 78B-1-126 is amended to read:
543          78B-1-126. Jurors and witnesses -- Purchase of certificate forbidden -- Penalty.
544          (1) No person connected officially with any of the district courts of this state, and no
545     state, district, county or precinct officer, shall purchase or cause to be purchased any certificate
546     issued to any juror or witness under the provisions of this title.
547          (2) Any person who violates the provisions of this section is guilty of a class B
548     misdemeanor.
549          Section 47. Repealer.
550          This bill repeals:
551          Section 23-20-27, Alteration of license, permit, tag or certificate a misdemeanor.