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7 LONG TITLE
8 Committee Note:
9 The Political Subdivisions Interim Committee recommended this bill.
10 General Description:
11 This bill modifies penalties in the Utah Code.
12 Highlighted Provisions:
13 This bill:
14 ▸ reduces to an infraction certain offenses currently designated as misdemeanors for
15 which a punishment or classification is not specified; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 9-7-214, as renumbered and amended by Laws of Utah 1992, Chapter 241
24 9-9-211, as renumbered and amended by Laws of Utah 1992, Chapter 241
25 10-3-908, as enacted by Laws of Utah 1977, Chapter 48
26 11-1-6, Utah Code Annotated 1953
27 11-6-3, Utah Code Annotated 1953
28 13-10-6, as last amended by Laws of Utah 1995, Chapter 325
29 17-30-22, as last amended by Laws of Utah 2011, Chapter 297
30 23-15-4, as enacted by Laws of Utah 1971, Chapter 46
31 23-20-27, as enacted by Laws of Utah 1973, Chapter 33
32 30-1-11, Utah Code Annotated 1953
33 30-1-39, as enacted by Laws of Utah 1971, Chapter 64
34 34-19-12, as enacted by Laws of Utah 1969, Chapter 85
35 34-28-4, as enacted by Laws of Utah 1969, Chapter 85
36 34-28-12, as enacted by Laws of Utah 1969, Chapter 85
37 34-29-1, as last amended by Laws of Utah 2011, Chapter 297
38 34-29-6, as last amended by Laws of Utah 1988, Chapter 133
39 34-29-20, as enacted by Laws of Utah 1969, Chapter 85
40 34-30-9, as enacted by Laws of Utah 1969, Chapter 85
41 34-32-3, as enacted by Laws of Utah 1969, Chapter 85
42 34-33-2, as enacted by Laws of Utah 1969, Chapter 85
43 34-34-17, as enacted by Laws of Utah 1969, Chapter 85
44 34A-2-108, as renumbered and amended by Laws of Utah 1997, Chapter 375
45 34A-2-803, as renumbered and amended by Laws of Utah 1997, Chapter 375
46 39-1-53, as last amended by Laws of Utah 1963, Chapter 61
47 39-7-113, as last amended by Laws of Utah 2008, Chapter 122
48 39-7-114, as enacted by Laws of Utah 1997, Chapter 306
49 39-7-115, as enacted by Laws of Utah 1997, Chapter 306
50 39-7-117, as enacted by Laws of Utah 1997, Chapter 306
51 42-3-5, Utah Code Annotated 1953
52 52-3-3, as last amended by Laws of Utah 1953, Chapter 79
53 53A-14-106, as last amended by Laws of Utah 2001, Chapter 84
54 53B-3-108, as enacted by Laws of Utah 1987, Chapter 167
55 53B-17-304, as enacted by Laws of Utah 1987, Chapter 167
56 54-3-21, Utah Code Annotated 1953
57 54-5-4, Utah Code Annotated 1953
58 56-1-12, Utah Code Annotated 1953
59 56-1-14, as last amended by Laws of Utah 1975, First Special Session, Chapter 9
60 56-1-16, Utah Code Annotated 1953
61 56-1-29, as enacted by Laws of Utah 1961, Chapter 131
62 63A-5-502, as renumbered and amended by Laws of Utah 2008, Chapter 382
63 71-10-3, as last amended by Laws of Utah 1993, Chapter 133
64 72-10-412, as renumbered and amended by Laws of Utah 1998, Chapter 270
65 78A-2-411, as renumbered and amended by Laws of Utah 2008, Chapter 3
66 78A-6-111, as last amended by Laws of Utah 2017, Chapter 330
67 78B-1-126, as renumbered and amended by Laws of Utah 2008, Chapter 3
68
69 Be it enacted by the Legislature of the state of Utah:
70 Section 1. Section 9-7-214 is amended to read:
71 9-7-214. Intentionally defacing, injuring, destroying, or refusing to return
72 property -- Infraction.
73 Whoever intentionally defaces, injures, or refuses to return on demand, or destroys any
74 property belonging to the state library or loaned through its coordinating agencies or facilities,
75 [
76 Section 2. Section 9-9-211 is amended to read:
77 9-9-211. Hunting, trapping, or fishing on reservation an infraction.
78 Any person who, without lawful authority or permission from constituted tribal
79 authorities, willfully and knowingly goes upon any real property within an Indian reservation
80 belonging to any Indian, or any Indian tribe, band, or community, that is held in trust by the
81 United States or is subject to a restriction against alienation imposed by the United States, for
82 the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish
83 therefrom, is guilty of [
84 the person's possession shall be forfeited to the tribe.
85 Section 3. Section 10-3-908 is amended to read:
86 10-3-908. Noncompliance an infraction.
87 Any city engineer who fails to comply with Sections 10-3-903 through 10-3-907 is
88 guilty of [
89 Section 4. Section 11-1-6 is amended to read:
90 11-1-6. Violation of act an infraction.
91 Anyone violating the provisions of this act [
92 infraction.
93 Section 5. Section 11-6-3 is amended to read:
94 11-6-3. Violation an infraction.
95 A violation of any of the provisions of this chapter is [
96 Section 6. Section 13-10-6 is amended to read:
97 13-10-6. Violation an infraction.
98 Each violation of Section 13-10-4 is [
99 Section 7. Section 17-30-22 is amended to read:
100 17-30-22. Prohibitions against political activities -- Penalties.
101 (1) Any employee of a governmental unit or member of a governing body, or
102 appointing authority, or peace officer who shall appoint, promote, transfer, demote, suspend,
103 discharge or change the amount of compensation of any merit system officer or seek, aid or
104 abet the appointment, promotion, transfer, demotion, suspension, discharge or change in the
105 amount of compensation of any merit system officer, or promise or threaten to do so, for
106 giving, withholding, or neglecting to make any contributions or any service for any political
107 purpose, or who solicits, directly or indirectly, any such contribution or service, from a merit
108 system officer, [
109 apply to political speeches or use of mass communications media for political purposes by
110 persons not merit system officers even though merit system officers may be present or within
111 the reach of such media unless the purpose and intent is to violate this section with direct
112 respect to those officers.
113 (2) No merit system officer may engage in any political activity during the hours of
114 employment, nor shall any person solicit political contributions from merit system officers
115 during hours of employment for political purposes; but nothing in this section shall preclude
116 voluntary contributions by a merit system officer to the party or candidate of the officer's
117 choice.
118 Section 8. Section 23-15-4 is amended to read:
119 23-15-4. Screens or other devices required -- Failure to install after notice an
120 infraction.
121 It is unlawful for any person, company or corporation to take any water from the state
122 streams, lakes or reservoirs for power purposes, or for waterworks, without first furnishing and
123 maintaining suitable screens or other devices to prevent fish from entering such power plants,
124 millraces or waterworks system; said screen or other devices to be built and maintained under
125 the direction of the board and at the expense of said owner or operators. The failure of any
126 person, firm or corporation to install a screen or device within 30 days after notice in writing so
127 to do has been given by the board [
128 Section 9. Section 23-20-27 is amended to read:
129 23-20-27. Alteration of license, permit, tag or certificate an infraction.
130 Any person who at any time alters or changes in any manner, with intent to defraud, any
131 license, permit, tag or certificate of registration issued under provisions of this code or action of
132 the Wildlife Board is guilty of [
133 Section 10. Section 30-1-11 is amended to read:
134 30-1-11. Return of license after ceremony -- Failure -- Penalty.
135 (1) The [
136 return the license to the clerk of the county whence it issued, with a certificate of the marriage
137 over [
138 two or more witnesses present at the marriage. [
139 (2) An individual described in Subsection (1) who fails to make [
140
141 Section 11. Section 30-1-39 is amended to read:
142 30-1-39. Violation of counseling provisions -- Infraction.
143 [
144 represents that [
145 premarital counseling or who, for the purpose of evading the provisions of this act, applies for
146 a marriage license in a county within the state of Utah which does not require premarital
147 counseling, is guilty of [
148 Section 12. Section 34-19-12 is amended to read:
149 34-19-12. Deputizing of employees prohibited.
150 (1) No employee of any employer whose employees are on strike or lockout for any
151 reason shall be deputized for any purpose arising from or in connection with such strike by any
152 sheriff, chief of police, town marshal, officer of the highway patrol, or any other peace officer
153 during the time such strike or lockout exists.
154 (2) Any person who violates the provisions of this section [
155
156 Section 13. Section 34-28-4 is amended to read:
157 34-28-4. Notice of paydays -- Failure to notify an infraction.
158 (1) It shall be the duty of every employer to notify [
159 time of hiring of the day and place of payment, of the rate of pay, and of any change with
160 respect to any of these items prior to the time of the change. Alternatively, however, every
161 employer shall have the option of giving such notification by posting these facts and keeping
162 them posted conspicuously at or near the place of work where such posted notice can be seen
163 by each employee as [
164 (2) Failure to post and to keep posted any notice or failure to give notice as prescribed
165 in this section [
166 Section 14. Section 34-28-12 is amended to read:
167 34-28-12. Violations -- Infraction.
168 (1) Any employer who [
169 provisions of this chapter [
170 (2) Any employer who shall refuse to pay the wages due and payable when demanded
171 as in this chapter provided, or who shall falsely deny the amount thereof, or that the same is
172 due, with intent to secure for [
173 such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person
174 to whom such indebtedness is due, or who hires additional employees without advising each of
175 them of every wage claim due and unpaid and of every judgment that the employer has failed
176 to satisfy, [
177 Section 15. Section 34-29-1 is amended to read:
178 34-29-1. License required -- Agencies for teachers excepted.
179 It [
180 elsewhere within the limits of this state, any intelligence or employment office for the purpose
181 of procuring or obtaining for money or other valuable consideration, either directly or
182 indirectly, any work or employment for persons seeking the same, or to otherwise engage in
183 such business, or in any way to act as a broker or go-between between employers and persons
184 seeking work, without first having obtained a license so to do from the city, town, or, if not
185 within any city or town, from the county where such intelligence or employment office is to be
186 opened or such business is to be carried on. Any person performing any of these services shall
187 be deemed to be an employment agent within the meaning of this chapter, but the provisions of
188 Section 34-29-10 do not apply to any person operating agencies for schoolteachers; but it [
189
190 commission for information or assistance such as is described herein any consideration in value
191 in excess of 5% of the amount of the first year's salary of the person to whom such information
192 is furnished.
193 Section 16. Section 34-29-6 is amended to read:
194 34-29-6. Referring employment to unlawful places -- Penalty.
195 Any employment agent who knowingly refers employment to any place of bad repute,
196 house of ill fame, assignation house, or to any house or place of amusement kept for immoral
197 purposes, is guilty of [
198 agent's license shall be revoked.
199 Section 17. Section 34-29-20 is amended to read:
200 34-29-20. False orders for employees -- Infraction.
201 Any person who gives to an employment agent any false or unauthorized order for
202 employees, or who causes to be published in any newspaper or otherwise any false or
203 unauthorized notice or statement that employees are wanted by any person, is guilty of [
204
205 Section 18. Section 34-30-9 is amended to read:
206 34-30-9. Violation of chapter -- Failure to keep or produce records -- Infraction.
207 Any officer, agent or representative of the state, or of any political subdivision, district
208 or municipality of it who shall violate, or omit to comply with any of the provisions of this
209 chapter, and any contractor or subcontractor, or agent or representative thereof, doing such
210 public work, who shall neglect to keep, or cause to be kept, an accurate record of the names,
211 occupation and actual wages paid to each laborer, workman and mechanic employed by him or
212 her, in connection with this public work or who shall refuse to allow access to same at any
213 reasonable hour to any person authorized to inspect same under this chapter [
214 of [
215 Section 19. Section 34-32-3 is amended to read:
216 34-32-3. Failure to comply -- Penalty.
217 Any employer, dealer or processor who willfully fails to comply with the duties
218 imposed by this chapter [
219 Section 20. Section 34-33-2 is amended to read:
220 34-33-2. Violation an infraction.
221 Any person, firm, corporation or partnership violating the provisions of this chapter
222 [
223 Section 21. Section 34-34-17 is amended to read:
224 34-34-17. Violation of act an infraction.
225 A violation of this act [
226 such unlawful conduct, as defined in this chapter, is in effect or continued [
227 a separate offense and [
228 Section 22. Section 34A-2-108 is amended to read:
229 34A-2-108. Void agreements between employers and employees.
230 (1) Except as provided in Section 34A-2-420, an agreement by an employee to waive
231 the employee's rights to compensation under this chapter or Chapter 3, Utah Occupational
232 Disease Act, is not valid.
233 (2) An agreement by an employee to pay any portion of the premium paid by [
234 employee's employer is not valid.
235 (3) Any employer who deducts any portion of the premium from the wages or salary of
236 any employee entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease
237 Act:
238 (a) is guilty of [
239 (b) shall be fined not more than $100 for each such offense.
240 Section 23. Section 34A-2-803 is amended to read:
241 34A-2-803. Violation of judgments, orders, decrees, or provisions of chapter --
242 Grade of offense.
243 (1) An employer, employee, or other person is guilty of [
244 if that employer, employee, or other person violates this chapter or Chapter 3, Utah
245 Occupational Disease Act, including:
246 (a) doing any act prohibited by this chapter or Chapter 3, Utah Occupational Disease
247 Act;
248 (b) failing or refusing to perform any duty lawfully imposed under this chapter or
249 Chapter 3, Utah Occupational Disease Act; or
250 (c) failing, neglecting, or refusing to obey any lawful order given or made by the
251 commission, or any judgment or decree made by any court in connection with the provisions of
252 this chapter or Chapter 3, Utah Occupational Disease Act.
253 (2) Every day during which any person fails to observe and comply with any order of
254 the commission, or to perform any duty imposed by this chapter or Chapter 3, Utah
255 Occupational Disease Act, [
256 Section 24. Section 39-1-53 is amended to read:
257 39-1-53. Military units not to leave state.
258 No military unit of the Army or Air National Guard, unless called into the service of the
259 United States, shall leave the state with arms and equipment without the consent of the
260 commander in chief, and any person causing any unit to so leave the state is guilty of [
261
262 Section 25. Section 39-7-113 is amended to read:
263 39-7-113. Eviction or distress of dependents.
264 (1) A landlord may not evict or take and hold property of a service member or the
265 service member's dependents for nonpayment of rent during the period of military service if the
266 rent on the premises occupied by the service member or the service member's dependents is
267 less than $2,400 per month unless a court allows it after application to the court and an order
268 granted in an action or proceeding affecting the right of possession.
269 (2) In any action affecting the right of possession, the court may, on its own motion,
270 stay the proceedings for not longer than three months, or make any order the court determines
271 to be reasonable and just under the circumstances, unless the court finds that the ability of the
272 tenant to pay the agreed rent is not materially affected by reason of the service member's
273 military service.
274 (3) When a stay is granted or other order is made by the court, the owner of the
275 premises shall be entitled, upon application, to relief with respect to the premises similar to that
276 granted service members in military service in Sections 39-7-114 through 39-7-116 to the
277 extent and for any period as the court determines to be just and reasonable under the
278 circumstances.
279 (4) Any person who knowingly takes part in any eviction or distress otherwise than as
280 provided in Subsection (1), or attempts to do so, is guilty of [
281 (5) The governor is empowered to order an allotment of the pay of a service member in
282 military service in reasonable proportion to discharge the rent of premises occupied for
283 dwelling purposes by any dependents of the service member.
284 Section 26. Section 39-7-114 is amended to read:
285 39-7-114. Installment contracts.
286 (1) The creditor of a service member who, prior to entry into military service, has
287 entered into an installment contract for the purchase of real or personal property may not
288 terminate the contract or repossess the property for nonpayment or any breach occurring during
289 military service without an order from a court of competent jurisdiction.
290 (2) The court, upon application to it under this section, may, unless the court finds on
291 the record that the ability of the service member to comply with the terms of the contract is not
292 materially affected by reason of [
293 (a) order repayment of any prior installments or deposits as a condition of terminating
294 the contract and resuming possession of the property;
295 (b) order a stay of the proceedings on its own motion, or on motion by the service
296 member or another person on [
297 (c) make any other disposition of the case it considers to be equitable to conserve the
298 interests of all parties.
299 (3) Any person who knowingly repossesses property which is the subject of this section
300 other than as provided in Subsection (1) is guilty of [
301 Section 27. Section 39-7-115 is amended to read:
302 39-7-115. Mortgage foreclosures.
303 (1) The creditor of a service member who, prior to entry into military service, has
304 entered into a mortgage contract with the service member or [
305 dependent for the purchase of real or personal property may not foreclose on the mortgage or
306 repossess the property for nonpayment or any breach occurring during military service without
307 an order from a court of competent jurisdiction.
308 (2) The court, upon application to it under this section, may, unless the court finds on
309 the record that the ability of the service member to comply with the terms of the mortgage is
310 not materially affected by reason of [
311 (a) order repayment of any prior installments or deposits as a condition of terminating
312 the contract and resuming possession of the property;
313 (b) order a stay of the proceedings on its own motion, or on motion by the service
314 member or another person on [
315 (c) make any other disposition of the case as it considers to be equitable to conserve the
316 interests of all parties.
317 (3) In order to come within the provisions of this section, the service member or
318 dependent shall establish the following:
319 (a) that relief is sought on an obligation secured by a mortgage, trust deed, or other
320 security in the nature of a mortgage on either real or personal property;
321 (b) that the obligation originated prior to the service member's entry into military
322 service;
323 (c) that the property was owned by the service member or [
324 dependent prior to the commencement of military service; and
325 (d) that the property is still owned by the service member or [
326 dependent at the time relief is sought.
327 (4) Any person who knowingly forecloses on property which is the subject of this
328 section other than as provided in Subsection (1) is guilty of [
329 Section 28. Section 39-7-117 is amended to read:
330 39-7-117. Storage liens.
331 (1) A person may not exercise any right to foreclose or enforce any lien for storage of
332 household goods, furniture, or personal effects of a service member in military service during
333 the service member's period of military service and for 60 days after termination or discharge,
334 except upon an order previously granted by a court upon application and a return to the court
335 made and approved by the court. In the proceeding the court may, after hearing the matter, on
336 its own motion, and shall, on application to it by the service member in military service or
337 another person on [
338 ability of the service member to pay the storage charges due is not materially affected by reason
339 of [
340 (a) stay the proceedings as provided in this chapter; or
341 (b) make any other disposition the court considers to be equitable to conserve the
342 interest of all the parties.
343 (2) The enactment of the provisions of this section may not be construed in any way as
344 affecting or limiting the scope of Section 39-7-115.
345 (3) Any person who knowingly takes any action contrary to the provisions of this
346 section, or attempts to do so, is guilty of [
347 Section 29. Section 42-3-5 is amended to read:
348 42-3-5. Use of name by another -- Penalty.
349 It is [
350 a farm is registered to use such registered name for any other farm.
351 Section 30. Section 52-3-3 is amended to read:
352 52-3-3. Penalty.
353 Any person violating any of the provisions of this chapter is guilty of [
354 an infraction.
355 Section 31. Section 53A-14-106 is amended to read:
356 53A-14-106. Illegal acts -- Infraction.
357 It is [
358 receive money or other remuneration as an inducement for the recommendation or introduction
359 of instructional materials into the schools.
360 Section 32. Section 53B-3-108 is amended to read:
361 53B-3-108. Violation of chapter an infraction.
362 A violation of this chapter is [
363 Section 33. Section 53B-17-304 is amended to read:
364 53B-17-304. Failure to comply with chapter is an infraction.
365 A person who commits the following violations is guilty of [
366 infraction:
367 (1) failure or neglect to give notice required under Subsection 53B-17-301(1); or
368 (2) failure or neglect to forward a body upon request under Subsection 53B-17-301(3).
369 Section 34. Section 54-3-21 is amended to read:
370 54-3-21. Commission to be furnished information and copies of records --
371 Hearings before commission to be public -- Privilege.
372 (1) Every public utility shall furnish to the commission in such form and such detail as
373 the commission shall prescribe all tabulations and computations and all other information
374 required by it to carry into effect any of the provisions of this title, and shall make specific
375 answers to all questions submitted by the commission.
376 (2) Every public utility receiving from the commission any blanks with directions to
377 fill the same shall cause the same to be properly filled so as to answer fully and correctly each
378 question propounded therein; in case it is unable to answer any question, it shall give a good
379 and sufficient reason for such failure.
380 (3) Whenever required by the commission every public utility shall deliver to the
381 commission copies of any or all maps, profiles, contracts, agreements, franchises, reports,
382 books, accounts, papers and records in its possession or in any way relating to its property or
383 affecting its business, and also a complete inventory of all its property in such form as the
384 commission may direct.
385 (4) Hearings or proceedings of the commission or of any commissioner shall be open
386 to the public, and all records of all hearings or proceedings or orders, rules or investigations by
387 the commission or any commissioner shall be at all times open to the public; provided, that any
388 information furnished the commission by a public utility or by any officer, agent or employee
389 of any public utility may be withheld from the public whenever and during such time as the
390 commission may determine that it is for the best interests of the public to withhold such
391 information. Any officer or employee of the commission who in violation of the provisions of
392 this subsection divulges any such information is guilty of [
393 Section 35. Section 54-5-4 is amended to read:
394 54-5-4. Penalties.
395 Any person or corporation which exercises or attempts to exercise any right or privilege
396 as any such utility during the period for which the operating rights of any such utility are
397 suspended as provided in Section 54-5-3 is guilty of [
398 violation shall constitute a separate offense. Jurisdiction of such offense shall be held to be in
399 any county in which any part of such transaction of business occurred. Every contract made in
400 violation of this section is unenforceable by such corporation or person.
401 Section 36. Section 56-1-12 is amended to read:
402 56-1-12. Injury to livestock -- Notice.
403 Every person operating a railroad within this state that injures or kills any livestock of
404 any description by the running of any engine or engines, car or cars, over or against any such
405 livestock shall within three days thereafter post at the first railroad station in each direction
406 from the place of such injury or killing in some conspicuous place on the outside of such
407 station a notice in writing of the number and kind of animals so injured or killed, with a full
408 description of each, and the time and place as near as may be of such injury or killing. Such
409 notice shall be dated and signed by some officer or agent of such railroad, and a duplicate
410 thereof shall be filed with the county clerk of the county in which stock is so injured or killed.
411 Every person willfully failing, neglecting or refusing to comply with the provisions of this
412 section is guilty of [
413 $50.
414 Section 37. Section 56-1-14 is amended to read:
415 56-1-14. Procedures at grade crossings.
416 Every locomotive shall be provided with a bell which shall be rung continuously from a
417 point not less than 80 rods from any city or town street or public highway grade crossing until
418 such city or town street or public highway grade crossing shall be crossed, but, except in towns
419 and at terminal points, the sounding of the locomotive whistle or siren at least one-fourth of a
420 mile before reaching any such grade crossing shall be deemed equivalent to ringing the bell as
421 aforesaid; during the prevalence of fogs, snow and dust storms, the locomotive whistle shall be
422 sounded before each street crossing while passing through cities and towns. All locomotives
423 with or without trains before crossing the main track at grade of any other railroad must come
424 to a full stop at a distance not exceeding 400 feet from the crossing, and must not proceed until
425 the way is known to be clear; two blasts of the whistle or two sounds of the siren shall be
426 sounded at the moment of starting; provided, that whenever interlocking signal apparatus and
427 derailing switches or any other crossing protective device approved by the Department of
428 Transportation is adopted such stop shall not be required.
429 Provided, that local authorities in their respective jurisdiction may by ordinance
430 approved by the Department of Transportation provide more restricted sounding of bells or
431 whistles or sirens than is provided herein and may prescribe points different from those herein
432 set forth at which such signals shall be given and may further restrict such ringing of bells or
433 sounding of whistles or sirens so as to provide for either the ringing of a bell or the sounding of
434 a whistle or of a siren or the elimination of the sounding of such bells or whistles or sirens or
435 either of them, except in case of emergency.
436 The term locomotive as used herein shall mean every self-propelled steam engine,
437 electrically propelled interurban car and so-called diesel operated locomotive.
438 Every person in charge of a locomotive violating the provisions of this section is guilty
439 of [
440 which any person may sustain by reason of such violation.
441 Section 38. Section 56-1-16 is amended to read:
442 56-1-16. Time schedules to be maintained -- Notice of delays.
443 Every railroad company shall start and run its trains for the transportation of persons
444 and property at such regular times as it shall fix by public notice, and the station agents thereof
445 shall announce on a bulletin board, placed in a conspicuous and public place at each station not
446 less than 15 minutes before the regular time of departure of each passenger train, the time of
447 such departure, or if the train is delayed, the probable duration of such delay, and on failure to
448 do so is guilty of [
449 damages that may be sustained by any person by reason of the failure of any of its station
450 agents to observe the requirements of this section.
451 Section 39. Section 56-1-29 is amended to read:
452 56-1-29. Removal or use of first-aid kit except for proper purpose -- Infraction.
453 Any person or any employee of the railroad company who shall remove, carry away
454 from its proper place or use any emergency first-aid kit provided for in this act, except for the
455 purpose of administering first-aid in the event of injury to any passenger, employee, or other
456 person in any accident whereby said kit may be made available at once, [
457 guilty of [
458 Section 40. Section 63A-5-502 is amended to read:
459 63A-5-502. Violation -- Infraction.
460 Any person who violates this act [
461 Section 41. Section 71-10-3 is amended to read:
462 71-10-3. Willful failure to give preference an infraction.
463 Any officers, agents, or representatives of a government entity who is charged with
464 employment of people and who willfully fails to give preference as provided in this chapter is
465 guilty of [
466 Section 42. Section 72-10-412 is amended to read:
467 72-10-412. Violations of chapter or rulings -- Infraction -- Remedies of political
468 subdivisions.
469 (1) Each violation of this part or of any regulations, orders, or rulings [
470 made pursuant to this part, [
471 (2) (a) A political subdivision or agency adopting zoning regulations under this part
472 may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or
473 abate any violation of this part, or of airport zoning regulations adopted under this part, or of
474 any order or ruling made in connection with their administration or enforcement.
475 (b) The court shall adjudge to the plaintiff the relief, by way of injunction or otherwise,
476 as may be proper under all the facts and circumstances of the case, in order fully to effectuate
477 the purposes of this part and of the regulations adopted and orders and rulings made pursuant to
478 them.
479 Section 43. Section 78A-2-411 is amended to read:
480 78A-2-411. Crimes.
481 Any violation of the provisions of this chapter, except Section 78A-2-404, is [
482
483 Section 44. Section 78A-6-111 is amended to read:
484 78A-6-111. Appearances -- Parents, guardian, or legal custodian to appear with
485 minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
486 Parent's employer to grant time off -- Appointment of guardian ad litem.
487 (1) Any person required to appear who, without reasonable cause, fails to appear may
488 be proceeded against for contempt of court, and the court may cause a bench warrant to be
489 issued to produce the person in court.
490 (2) In a case when a minor is required to appear in court, the parents, guardian, or other
491 person with legal custody of the minor shall appear with the minor unless excused by the judge.
492 (a) An employee may request permission to leave the workplace for the purpose of
493 attending court if the employee has been notified by the juvenile court that the employee's
494 minor is required to appear before the court.
495 (b) An employer must grant permission to leave the workplace with or without pay if
496 the employee has requested permission at least seven days in advance or within 24 hours of the
497 employee receiving notice of the hearing.
498 (3) If a parent or other person who signed a written promise to appear and bring the
499 child to court under Section 78A-6-112 or 78A-6-113 fails to appear and bring the child to
500 court on the date set in the promise, or, if the date was to be set, after notification by the court,
501 a warrant may be issued for the apprehension of that person.
502 (4) Willful failure to perform the promise is [
503 time of the execution of the promise, the promisor is given a copy of the promise which clearly
504 states that failure to appear and have the child appear as promised is [
505 infraction. The juvenile court shall have jurisdiction to proceed against the promisor in adult
506 proceedings pursuant to Part 10, Adult Offenses.
507 (5) The court shall endeavor, through use of the warrant of arrest if necessary, as
508 provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
509 both parents or of the guardian of a child. If neither a parent nor guardian is present at the
510 court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor.
511 A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
512 whether or not a parent or guardian is present.
513 (6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
514 (a) a summons is issued but cannot be served;
515 (b) it is made to appear to the court that the person to be served will not obey the
516 summons; or
517 (c) serving the summons will be ineffectual.
518 Section 45. Section 78B-1-126 is amended to read:
519 78B-1-126. Jurors and witnesses -- Purchase of certificate forbidden -- Penalty.
520 (1) No person connected officially with any of the district courts of this state, and no
521 state, district, county or precinct officer, shall purchase or cause to be purchased any certificate
522 issued to any juror or witness under the provisions of this title.
523 (2) Any person who violates the provisions of this section is guilty of [
524 an infraction.
525 Section 46. Effective date.
526 This bill takes effect on July 1, 2019.
Legislative Review Note
Office of Legislative Research and General Counsel