Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 20 Second Substitute (2018GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals a criminal provision in the Wildlife Resources Code of Utah that is addressed by another provision of law;
• designates offenses currently designated as misdemeanors for which a punishment or classification is not specified in the Utah Code as class B misdemeanors;
• reduces to an infraction the default penalty for offenses designated as misdemeanors for which a punishment or classification is not specified in the Utah Code and, as of a certain date, in a county or municipal ordinance; and
• makes technical changes.

Every vote on this bill

Bill text

MISDEMEANOR AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Marc K. Roberts
LONG TITLE
General Description:
This bill modifies penalties in county and municipal ordinances and the Utah Code.
Highlighted Provisions:
This bill:
▸ repeals a criminal provision in the Wildlife Resources Code of Utah that is
addressed by another provision of law;
▸ designates offenses currently designated as misdemeanors for which a punishment
or classification is not specified in the Utah Code as class B misdemeanors;
▸ reduces to an infraction the default penalty for offenses designated as misdemeanors
for which a punishment or classification is not specified in the Utah Code and, as of
a certain date, in a county or municipal ordinance; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-7-214
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-9-211
, as renumbered and amended by Laws of Utah 1992, Chapter 241
10-3-908
, as enacted by Laws of Utah 1977, Chapter 48
11-1-6
, Utah Code Annotated 1953
11-6-3
, Utah Code Annotated 1953
13-10-6
, as last amended by Laws of Utah 1995, Chapter 325
17-30-22
, as last amended by Laws of Utah 2011, Chapter 297
17-43-308
, as renumbered and amended by Laws of Utah 2003, Chapter 22
23-15-4
, as enacted by Laws of Utah 1971, Chapter 46
30-1-11
, Utah Code Annotated 1953
30-1-39
, as enacted by Laws of Utah 1971, Chapter 64
34-19-12
, as enacted by Laws of Utah 1969, Chapter 85
34-28-4
, as enacted by Laws of Utah 1969, Chapter 85
34-28-12
, as enacted by Laws of Utah 1969, Chapter 85
34-29-1
, as last amended by Laws of Utah 2011, Chapter 297
34-29-6
, as last amended by Laws of Utah 1988, Chapter 133
34-29-20
, as enacted by Laws of Utah 1969, Chapter 85
34-30-9
, as enacted by Laws of Utah 1969, Chapter 85
34-32-3
, as enacted by Laws of Utah 1969, Chapter 85
34-33-2
, as enacted by Laws of Utah 1969, Chapter 85
34-34-17
, as enacted by Laws of Utah 1969, Chapter 85
34A-2-108
, as renumbered and amended by Laws of Utah 1997, Chapter 375
34A-2-803
, as renumbered and amended by Laws of Utah 1997, Chapter 375
39-1-53
, as last amended by Laws of Utah 1963, Chapter 61
39-7-113
, as last amended by Laws of Utah 2008, Chapter 122
39-7-114
, as enacted by Laws of Utah 1997, Chapter 306
39-7-115
, as enacted by Laws of Utah 1997, Chapter 306
39-7-117
, as enacted by Laws of Utah 1997, Chapter 306
42-3-5
, Utah Code Annotated 1953
52-3-3
, as last amended by Laws of Utah 1953, Chapter 79
53B-3-108
, as enacted by Laws of Utah 1987, Chapter 167
53B-17-304
, as enacted by Laws of Utah 1987, Chapter 167
53E-4-407
, as last amended by Laws of Utah 2001, Chapter 84
54-3-21
, Utah Code Annotated 1953
54-5-4
, Utah Code Annotated 1953
56-1-12
, Utah Code Annotated 1953
56-1-14
, as last amended by Laws of Utah 1975, First Special Session, Chapter 9
56-1-16
, Utah Code Annotated 1953
56-1-29
, as enacted by Laws of Utah 1961, Chapter 131
63A-5-502
, as renumbered and amended by Laws of Utah 2008, Chapter 382
71-10-3
, as last amended by Laws of Utah 1993, Chapter 133
72-10-412
, as renumbered and amended by Laws of Utah 1998, Chapter 270
76-3-104
, as enacted by Laws of Utah 1973, Chapter 196
78A-2-411
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-6-111
, as last amended by Laws of Utah 2017, Chapter 330
78B-1-126
, as renumbered and amended by Laws of Utah 2008, Chapter 3
REPEALS:
23-20-27
, as enacted by Laws of Utah 1973, Chapter 33
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-7-214
 is amended to read:
9-7-214.
Intentionally defacing, injuring, destroying, or refusing to return
property -- Misdemeanor.
Whoever intentionally defaces, injures, or refuses to return on demand, or destroys any
property belonging to the state library or loaned through its coordinating agencies or facilities,
[
shall be
] 
is
 guilty of a 
class B
 misdemeanor.
Section 2. Section 
9-9-211
 is amended to read:
9-9-211.
Hunting, trapping, or fishing on reservation a misdemeanor.
Any person who, without lawful authority or permission from constituted tribal
authorities, willfully and knowingly goes upon any real property within an Indian reservation
belonging to any Indian, or any Indian tribe, band, or community, that is held in trust by the
United States or is subject to a restriction against alienation imposed by the United States, for
the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish
therefrom, is guilty of a 
class B
 misdemeanor, and all game, fish
,
 and peltries in [
his
] 
the
person's
 possession shall be forfeited to the tribe.
Section 3. Section 
10-3-908
 is amended to read:
10-3-908.
Noncompliance a misdemeanor.
Any city engineer who fails to comply with Sections 
10-3-903
 through 
10-3-907
 is
guilty of a 
class B
 misdemeanor.
Section 4. Section 
11-1-6
 is amended to read:
11-1-6.
Violation of act a misdemeanor.
Anyone violating the provisions of this act [
shall be
] 
is
 guilty of a 
class B
misdemeanor.
Section 5. Section 
11-6-3
 is amended to read:
11-6-3.
Violation a misdemeanor.
A violation of any of the provisions of this chapter is a 
class B
 misdemeanor.
Section 6. Section 
13-10-6
 is amended to read:
13-10-6.
Violation a misdemeanor.
Each violation of Section 
13-10-4
 is a 
class B
 misdemeanor.
Section 7. Section 
17-30-22
 is amended to read:
17-30-22.
Prohibitions against political activities -- Penalties.
(1) Any employee of a governmental unit or member of a governing body, or
appointing authority, or peace officer who shall appoint, promote, transfer, demote, suspend,
discharge or change the amount of compensation of any merit system officer or seek, aid or
abet the appointment, promotion, transfer, demotion, suspension, discharge or change in the
amount of compensation of any merit system officer, or promise or threaten to do so, for
giving, withholding, or neglecting to make any contributions or any service for any political
purpose, or who solicits, directly or indirectly, any such contribution or service, from a merit
system officer, [
shall be
] 
is
 guilty of a 
class B
 misdemeanor. This section does not apply to
political speeches or use of mass communications media for political purposes by persons not
merit system officers even though merit system officers may be present or within the reach of
such media unless the purpose and intent is to violate this section with direct respect to those
officers.
(2) No merit system officer may engage in any political activity during the hours of
employment, nor shall any person solicit political contributions from merit system officers
during hours of employment for political purposes; but nothing in this section shall preclude
voluntary contributions by a merit system officer to the party or candidate of the officer's
choice.
Section 8. Section 
17-43-308
 is amended to read:
17-43-308.
Specified treatments prohibited -- Criminal penalties.
(1) It is a 
class B
 misdemeanor to give shock treatment, lobotomy, or surgery to anyone
without the written consent of the person's next of kin or legal guardian. Services provided
under this part are governed by Title 58, Chapter 67, Utah Medical Practice Act.
(2) It is a felony to give psychiatric treatment, nonvocational mental health counseling,
case-finding testing, psychoanalysis, drugs, shock treatment, lobotomy, or surgery to any
individual for the purpose of changing his concept of, belief about, or faith in God.
Section 9. Section 
23-15-4
 is amended to read:
23-15-4.
Screens or other devices required -- Failure to install after notice a
misdemeanor.
It is unlawful for any person, company or corporation to take any water from the state
streams, lakes or reservoirs for power purposes, or for waterworks, without first furnishing and
maintaining suitable screens or other devices to prevent fish from entering such power plants,
millraces or waterworks system; said screen or other devices to be built and maintained under
the direction of the board and at the expense of said owner or operators. The failure of any
person, firm or corporation to install a screen or device within 30 days after notice in writing so
to do has been given by the board [
shall constitute a
] 
is a class B
 misdemeanor.
Section 10. Section 
30-1-11
 is amended to read:
30-1-11.
Return of license after ceremony -- Failure -- Penalty.
(1)
 The [
person
] 
individual
 solemnizing the marriage shall within 30 days thereafter
return the license to the clerk of the county whence it issued, with a certificate of the marriage
over [
his
] 
the individual's
 signature, giving the date and place of celebration and the names of
two or more witnesses present at the marriage. [
For failure
]
(2) An individual described in Subsection (1) who fails
 to make [
such
] 
the
 return [
he
shall be
] 
is
 guilty of a 
class B
 misdemeanor.
Section 11. Section 
30-1-39
 is amended to read:
30-1-39.
Violation of counseling provisions -- Misdemeanor.
[
Any person
] 
An individual
 coming within the provisions of this act who falsely
represents that [
he
] 
the individual
 has complied with the requirements of a master plan for
premarital counseling or who, for the purpose of evading the provisions of this act, applies for
a marriage license in a county within the state of Utah which does not require premarital
counseling, is guilty of a 
class B
 misdemeanor.
Section 12. Section 
34-19-12
 is amended to read:
34-19-12.
Deputizing of employees prohibited.
(1)
 No employee of any employer whose employees are on strike or lockout for any
reason shall be deputized for any purpose arising from or in connection with such strike by any
sheriff, chief of police, town marshal, officer of the highway patrol, or any other peace officer
during the time such strike or lockout exists.
(2)
 Any person who violates the provisions of this section [
shall be
] 
is
 guilty of a 
class
B
 misdemeanor.
Section 13. Section 
34-28-4
 is amended to read:
34-28-4.
Notice of paydays -- Failure to notify a misdemeanor.
(1) It shall be the duty of every employer to notify [
his
] 
the employer's
 employees at the
time of hiring of the day and place of payment, of the rate of pay, and of any change with
respect to any of these items prior to the time of the change. Alternatively, however, every
employer shall have the option of giving such notification by posting these facts and keeping
them posted conspicuously at or near the place of work where such posted notice can be seen
by each employee as [
he
] 
the employee
 comes or goes to [
his
] 
the employee's
 place of work.
(2) Failure to post and to keep posted any notice or failure to give notice as prescribed
in this section [
shall be deemed a
] 
is a class B
 misdemeanor [
and punishable as such
].
Section 14. Section 
34-28-12
 is amended to read:
34-28-12.
Violations -- Misdemeanor.
(1) Any employer who [
shall violate, or fail
] 
violates or fails
 to comply with any of the
provisions of this chapter [
shall be
] 
is
 guilty of a 
class B
 misdemeanor.
(2) Any employer who shall refuse to pay the wages due and payable when demanded
as in this chapter provided, or who shall falsely deny the amount thereof, or that the same is
due, with intent to secure for [
himself
] 
the employer
 or any other person any discount upon
such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person
to whom such indebtedness is due, or who hires additional employees without advising each of
them of every wage claim due and unpaid and of every judgment that the employer has failed
to satisfy, [
shall be
] 
is
 guilty of a 
class B
 misdemeanor.
Section 15. Section 
34-29-1
 is amended to read:
34-29-1.
License required -- Agencies for teachers excepted.
It [
shall be
] 
is
 unlawful for any person to open and establish in any city or town, or
elsewhere within the limits of this state, any intelligence or employment office for the purpose
of procuring or obtaining for money or other valuable consideration, either directly or
indirectly, any work or employment for persons seeking the same, or to otherwise engage in
such business, or in any way to act as a broker or go-between between employers and persons
seeking work, without first having obtained a license so to do from the city, town, or, if not
within any city or town, from the county where such intelligence or employment office is to be
opened or such business is to be carried on. Any person performing any of these services shall
be deemed to be an employment agent within the meaning of this chapter, but the provisions of
Section 
34-29-10
 do not apply to any person operating agencies for schoolteachers; but it [
shall
be a
] 
is a class B
 misdemeanor for any schoolteachers' employment agency to receive as
commission for information or assistance such as is described herein any consideration in value
in excess of 5% of the amount of the first year's salary of the person to whom such information
is furnished.
Section 16. Section 
34-29-6
 is amended to read:
34-29-6.
Referring employment to unlawful places -- Penalty.
Any employment agent who knowingly refers employment to any place of bad repute,
house of ill fame, assignation house, or to any house or place of amusement kept for immoral
purposes, is guilty of a 
class B
 misdemeanor. In addition to any other penalty, the agent's
license shall be revoked.
Section 17. Section 
34-29-20
 is amended to read:
34-29-20.
False orders for employees -- Misdemeanor.
Any person who gives to an employment agent any false or unauthorized order for
employees, or who causes to be published in any newspaper or otherwise any false or
unauthorized notice or statement that employees are wanted by any person, is guilty of a 
class
B
 misdemeanor.
Section 18. Section 
34-30-9
 is amended to read:
34-30-9.
Violation of chapter -- Failure to keep or produce records --
Misdemeanor.
Any officer, agent or representative of the state, or of any political subdivision, district
or municipality of it who shall violate, or omit to comply with any of the provisions of this
chapter, and any contractor or subcontractor, or agent or representative thereof, doing such
public work, who shall neglect to keep, or cause to be kept, an accurate record of the names,
occupation and actual wages paid to each laborer, workman and mechanic employed by him 
or
her
, in connection with this public work or who shall refuse to allow access to same at any
reasonable hour to any person authorized to inspect same under this chapter [
shall be
] 
is
 guilty
of a 
class B
 misdemeanor.
Section 19. Section 
34-32-3
 is amended to read:
34-32-3.
Failure to comply -- Penalty.
Any employer, dealer or processor who willfully fails to comply with the duties
imposed by this chapter [
shall be
] 
is
 guilty of a 
class B
 misdemeanor.
Section 20. Section 
34-33-2
 is amended to read:
34-33-2.
Violation a misdemeanor.
Any person, firm, corporation or partnership violating the provisions of this chapter
[
shall be
] 
is
 guilty of a 
class B
 misdemeanor.
Section 21. Section 
34-34-17
 is amended to read:
34-34-17.
Violation of act a misdemeanor.
A violation of this act [
shall constitute a
] 
is a class B
 misdemeanor, and each day such
unlawful conduct, as defined in this chapter, is in effect or continued [
shall be deemed
] 
is
 a
separate offense and [
shall be
] 
is
 punishable as such, as provided in this chapter.
Section 22. Section 
34A-2-108
 is amended to read:
34A-2-108.
Void agreements between employers and employees.
(1) Except as provided in Section 
34A-2-420
, an agreement by an employee to waive
the employee's rights to compensation under this chapter or Chapter 3, Utah Occupational
Disease Act, is not valid.
(2) An agreement by an employee to pay any portion of the premium paid by [
his
] 
the
employee's
 employer is not valid.
(3) Any employer who deducts any portion of the premium from the wages or salary of
any employee entitled to the benefits of this chapter or Chapter 3, Utah Occupational Disease
Act:
(a) is guilty of a 
class B
 misdemeanor; and
(b) shall be fined not more than $100 for each such offense.
Section 23. Section 
34A-2-803
 is amended to read:
34A-2-803.
Violation of judgments, orders, decrees, or provisions of chapter --
Grade of offense.
(1) An employer, employee, or other person is guilty of a 
class B
 misdemeanor if that
employer, employee, or other person violates this chapter or Chapter 3, Utah Occupational
Disease Act, including:
(a) doing any act prohibited by this chapter or Chapter 3, Utah Occupational Disease
Act;
(b) failing or refusing to perform any duty lawfully imposed under this chapter or
Chapter 3, Utah Occupational Disease Act; 
or
(c) failing, neglecting, or refusing to obey any lawful order given or made by the
commission, or any judgment or decree made by any court in connection with the provisions of
this chapter or Chapter 3, Utah Occupational Disease Act.
(2) Every day during which any person fails to observe and comply with any order of
the commission, or to perform any duty imposed by this chapter or Chapter 3, Utah
Occupational Disease Act, [
shall constitute
] 
is
 a separate and distinct offense.
Section 24. Section 
39-1-53
 is amended to read:
39-1-53.
Military units not to leave state.
No military unit of the Army or Air National Guard, unless called into the service of the
United States, shall leave the state with arms and equipment without the consent of the
commander in chief, and any person causing any unit to so leave the state is guilty of a 
class B
misdemeanor.
Section 25. Section 
39-7-113
 is amended to read:
39-7-113.
Eviction or distress of dependents.
(1) A landlord may not evict or take and hold property of a service member or the
service member's dependents for nonpayment of rent during the period of military service if the
rent on the premises occupied by the service member or the service member's dependents is
less than $2,400 per month unless a court allows it after application to the court and an order
granted in an action or proceeding affecting the right of possession.
(2) In any action affecting the right of possession, the court may, on its own motion,
stay the proceedings for not longer than three months, or make any order the court determines
to be reasonable and just under the circumstances, unless the court finds that the ability of the
tenant to pay the agreed rent is not materially affected by reason of the service member's
military service.
(3) When a stay is granted or other order is made by the court, the owner of the
premises shall be entitled, upon application, to relief with respect to the premises similar to that
granted service members in military service in Sections 
39-7-114
 through 
39-7-116
 to the
extent and for any period as the court determines to be just and reasonable under the
circumstances.
(4) Any person who knowingly takes part in any eviction or distress otherwise than as
provided in Subsection (1), or attempts to do so, is guilty of a 
class B
 misdemeanor.
(5) The governor is empowered to order an allotment of the pay of a service member in
military service in reasonable proportion to discharge the rent of premises occupied for
dwelling purposes by any dependents of the service member.
Section 26. Section 
39-7-114
 is amended to read:
39-7-114.
Installment contracts.
(1) The creditor of a service member who, prior to entry into military service, has
entered into an installment contract for the purchase of real or personal property may not
terminate the contract or repossess the property for nonpayment or any breach occurring during
military service without an order from a court of competent jurisdiction.
(2) The court, upon application to it under this section, may, unless the court finds on
the record that the ability of the service member to comply with the terms of the contract is not
materially affected by reason of [
his
] 
the service member's
 military service:
(a) order repayment of any prior installments or deposits as a condition of terminating
the contract and resuming possession of the property;
(b) order a stay of the proceedings on its own motion, or on motion by the service
member or another person on [
his
] 
the service member's
 behalf; or
(c) make any other disposition of the case it considers to be equitable to conserve the
interests of all parties.
(3) Any person who knowingly repossesses property which is the subject of this section
other than as provided in Subsection (1) is guilty of a 
class B
 misdemeanor.
Section 27. Section 
39-7-115
 is amended to read:
39-7-115.
Mortgage foreclosures.
(1) The creditor of a service member who, prior to entry into military service, has
entered into a mortgage contract with the service member or [
his
] 
the service member's
dependent for the purchase of real or personal property may not foreclose on the mortgage or
repossess the property for nonpayment or any breach occurring during military service without
an order from a court of competent jurisdiction.
(2) The court, upon application to it under this section, may, unless the court finds on
the record that the ability of the service member to comply with the terms of the mortgage is
not materially affected by reason of [
his
] 
the service member's
 military service:
(a) order repayment of any prior installments or deposits as a condition of terminating
the contract and resuming possession of the property;
(b) order a stay of the proceedings on its own motion, or on motion by the service
member or another person on [
his
] 
the service member's
 behalf; or
(c) make any other disposition of the case as it considers to be equitable to conserve the
interests of all parties.
(3) In order to come within the provisions of this section, the service member or
dependent shall establish the following:
(a) that relief is sought on an obligation secured by a mortgage, trust deed, or other
security in the nature of a mortgage on either real or personal property;
(b) that the obligation originated prior to the service member's entry into military
service;
(c) that the property was owned by the service member or [
his
] 
the service member's
dependent prior to the commencement of military service; and
(d) that the property is still owned by the service member or [
his
] 
the service member's
dependent at the time relief is sought.
(4) Any person who knowingly forecloses on property which is the subject of this
section other than as provided in Subsection (1) is guilty of a 
class B
 misdemeanor.
Section 28. Section 
39-7-117
 is amended to read:
39-7-117.
Storage liens.
(1) A person may not exercise any right to foreclose or enforce any lien for storage of
household goods, furniture, or personal effects of a service member in military service during
the service member's period of military service and for 60 days after termination or discharge,
except upon an order previously granted by a court upon application and a return to the court
made and approved by the court. In the proceeding the court may, after hearing the matter, on
its own motion, and shall, on application to it by the service member in military service or
another person on [
his
] 
the service member's
 behalf, unless in the opinion of the court the
ability of the service member to pay the storage charges due is not materially affected by reason
of [
his
] 
the service member's
 military service:
(a) stay the proceedings as provided in this chapter; or
(b) make any other disposition the court considers to be equitable to conserve the
interest of all the parties.
(2) The enactment of the provisions of this section may not be construed in any way as
affecting or limiting the scope of Section 
39-7-115
.
(3) Any person who knowingly takes any action contrary to the provisions of this
section, or attempts to do so, is guilty of a 
class B
 misdemeanor.
Section 29. Section 
42-3-5
 is amended to read:
42-3-5.
Use of name by another -- Penalty.
It is a 
class B
 misdemeanor for any person other than the person in whose name a farm
is registered to use such registered name for any other farm.
Section 30. Section 
52-3-3
 is amended to read:
52-3-3.
Penalty.
Any person violating any of the provisions of this chapter is guilty of a 
class B
misdemeanor.
Section 31. Section 
53B-3-108
 is amended to read:
53B-3-108.
Violation of chapter a misdemeanor.
A violation of this chapter is a 
class B
 misdemeanor.
Section 32. Section 
53B-17-304
 is amended to read:
53B-17-304.
Failure to comply with chapter is a
misdemeanor.
A person who commits the following violations is guilty of a 
class B
 misdemeanor:
(1) failure or neglect to give notice required under Subsection 
53B-17-301
(1); or
(2) failure or neglect to forward a body upon request under Subsection 
53B-17-301
(3).
Section 33. Section 
53E-4-407
 is amended to read:
53E-4-407.
Illegal acts -- Misdemeanor.
It is a 
class B
 misdemeanor for a member of the commission or the board to receive
money or other remuneration as an inducement for the recommendation or introduction of
instructional materials into the schools.
Section 34. Section 
54-3-21
 is amended to read:
54-3-21.
Commission to be furnished information and copies of records --
Hearings before commission to be public -- Privilege.
(1) Every public utility shall furnish to the commission in such form and such detail as
the commission shall prescribe all tabulations and computations and all other information
required by it to carry into effect any of the provisions of this title, and shall make specific
answers to all questions submitted by the commission.
(2) Every public utility receiving from the commission any blanks with directions to
fill the same shall cause the same to be properly filled so as to answer fully and correctly each
question propounded therein; in case it is unable to answer any question, it shall give a good
and sufficient reason for such failure.
(3) Whenever required by the commission every public utility shall deliver to the
commission copies of any or all maps, profiles, contracts, agreements, franchises, reports,
books, accounts, papers and records in its possession or in any way relating to its property or
affecting its business, and also a complete inventory of all its property in such form as the
commission may direct.
(4) Hearings or proceedings of the commission or of any commissioner shall be open
to the public, and all records of all hearings or proceedings or orders, rules or investigations by
the commission or any commissioner shall be at all times open to the public; provided, that any
information furnished the commission by a public utility or by any officer, agent or employee
of any public utility may be withheld from the public whenever and during such time as the
commission may determine that it is for the best interests of the public to withhold such
information. Any officer or employee of the commission who in violation of the provisions of
this subsection divulges any such information is guilty of a 
class B
 misdemeanor.
Section 35. Section 
54-5-4
 is amended to read:
54-5-4.
Penalties.
Any person or corporation which exercises or attempts to exercise any right or privilege
as any such utility during the period for which the operating rights of any such utility are
suspended as provided in Section 
54-5-3
 is guilty of a 
class B
 misdemeanor. Each day's
violation shall constitute a separate offense. Jurisdiction of such offense shall be held to be in
any county in which any part of such transaction of business occurred. Every contract made in
violation of this section is unenforceable by such corporation or person.
Section 36. Section 
56-1-12
 is amended to read:
56-1-12.
Injury to livestock -- Notice.
Every person operating a railroad within this state that injures or kills any livestock of
any description by the running of any engine or engines, car or cars, over or against any such
livestock shall within three days thereafter post at the first railroad station in each direction
from the place of such injury or killing in some conspicuous place on the outside of such
station a notice in writing of the number and kind of animals so injured or killed, with a full
description of each, and the time and place as near as may be of such injury or killing. Such
notice shall be dated and signed by some officer or agent of such railroad, and a duplicate
thereof shall be filed with the county clerk of the county in which stock is so injured or killed.
Every person willfully failing, neglecting or refusing to comply with the provisions of this
section is guilty of a 
class B
 misdemeanor and shall be fined in any sum not exceeding $50.
Section 37. Section 
56-1-14
 is amended to read:
56-1-14.
Procedures at grade crossings.
Every locomotive shall be provided with a bell which shall be rung continuously from a
point not less than 80 rods from any city or town street or public highway grade crossing until
such city or town street or public highway grade crossing shall be crossed, but, except in towns
and at terminal points, the sounding of the locomotive whistle or siren at least one-fourth of a
mile before reaching any such grade crossing shall be deemed equivalent to ringing the bell as
aforesaid; during the prevalence of fogs, snow and dust storms, the locomotive whistle shall be
sounded before each street crossing while passing through cities and towns. All locomotives
with or without trains before crossing the main track at grade of any other railroad must come
to a full stop at a distance not exceeding 400 feet from the crossing, and must not proceed until
the way is known to be clear; two blasts of the whistle or two sounds of the siren shall be
sounded at the moment of starting; provided, that whenever interlocking signal apparatus and
derailing switches or any other crossing protective device approved by the Department of
Transportation is adopted such stop shall not be required.
Provided, that local authorities in their respective jurisdiction may by ordinance
approved by the Department of Transportation provide more restricted sounding of bells or
whistles or sirens than is provided herein and may prescribe points different from those herein
set forth at which such signals shall be given and may further restrict such ringing of bells or
sounding of whistles or sirens so as to provide for either the ringing of a bell or the sounding of
a whistle or of a siren or the elimination of the sounding of such bells or whistles or sirens or
either of them, except in case of emergency.
The term locomotive as used herein shall mean every self-propelled steam engine,
electrically propelled interurban car and so-called diesel operated locomotive.
Every person in charge of a locomotive violating the provisions of this section is guilty
of a 
class B
 misdemeanor, and the railroad company shall be liable for all damages which any
person may sustain by reason of such violation.
Section 38. Section 
56-1-16
 is amended to read:
56-1-16.
Time schedules to be maintained -- Notice of delays.
Every railroad company shall start and run its trains for the transportation of persons
and property at such regular times as it shall fix by public notice, and the station agents thereof
shall announce on a bulletin board, placed in a conspicuous and public place at each station not
less than 15 minutes before the regular time of departure of each passenger train, the time of
such departure, or if the train is delayed, the probable duration of such delay, and on failure to
do so is guilty of a 
class B
 misdemeanor. The railroad company shall be liable for all damages
that may be sustained by any person by reason of the failure of any of its station agents to
observe the requirements of this section.
Section 39. Section 
56-1-29
 is amended to read:
56-1-29.
Removal or use of first-aid kit except for proper purpose --
Misdemeanor.
Any person or any employee of the railroad company who shall remove, carry away
from its proper place or use any emergency first-aid kit provided for in this act, except for the
purpose of administering first-aid in the event of injury to any passenger, employee, or other
person in any accident whereby said kit may be made available at once, [
shall be deemed
] 
is
guilty of a 
class B
 misdemeanor.
Section 40. Section 
63A-5-502
 is amended to read:
63A-5-502.
Violation -- Misdemeanor.
Any person who violates this act [
shall be
] 
is
 guilty of a 
class B
 misdemeanor.
Section 41. Section 
71-10-3
 is amended to read:
71-10-3.
Willful failure to give preference a misdemeanor.
Any officers, agents, or representatives of a government entity who is charged with
employment of people and who willfully fails to give preference as provided in this chapter is
guilty of a 
class B
 misdemeanor.
Section 42. Section 
72-10-412
 is amended to read:
72-10-412.
Violations of chapter or rulings -- Misdemeanor -- Remedies of
political subdivisions.
(1) Each violation of this part or of any regulations, orders, or rulings [
promulgated or
]
made pursuant to this part, [
shall constitute a
] 
is a class B
 misdemeanor.
(2) (a) A political subdivision or agency adopting zoning regulations under this part
may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or
abate any violation of this part, or of airport zoning regulations adopted under this part, or of
any order or ruling made in connection with their administration or enforcement.
(b) The court shall adjudge to the plaintiff the relief, by way of injunction or otherwise,
as may be proper under all the facts and circumstances of the case, in order fully to effectuate
the purposes of this part and of the regulations adopted and orders and rulings made pursuant to
them.
Section 43. Section 
76-3-104
 is amended to read:
76-3-104.
Misdemeanors classified.
(1) Misdemeanors are classified into three categories:
(a) Class A misdemeanors;
(b) Class B misdemeanors;
(c) Class C misdemeanors.
(2) An offense designated 
as
 a misdemeanor[
, either
] in this code [
or in another law,
]
without specification as to punishment or category[
, is a class B misdemeanor.
] 
is an infraction
punishable in accordance with Section 
76-3-205
.
(3) Except as provided in Subsection (4), an offense designated as a misdemeanor in a
county or municipal ordinance without specification as to punishment or category is a class B
misdemeanor.
(4) After June 30, 2019, an offense designated as a misdemeanor in a county or
municipal ordinance without specification as to punishment or category is an infraction
punishable in accordance with Section 
76-3-205
.
Section 44. Section 
78A-2-411
 is amended to read:
78A-2-411.
Crimes.
Any violation of the provisions of this chapter, except Section 
78A-2-404
, is a 
class B
misdemeanor.
Section 45. Section 
78A-6-111
 is amended to read:
78A-6-111.
Appearances -- Parents, guardian, or legal custodian to appear with
minor or child -- Failure to appear -- Contempt -- Warrant of arrest, when authorized --
Parent's employer to grant time off -- Appointment of guardian ad litem.
(1) Any person required to appear who, without reasonable cause, fails to appear may
be proceeded against for contempt of court, and the court may cause a bench warrant to be
issued to produce the person in court.
(2) In a case when a minor is required to appear in court, the parents, guardian, or other
person with legal custody of the minor shall appear with the minor unless excused by the judge.
(a) An employee may request permission to leave the workplace for the purpose of
attending court if the employee has been notified by the juvenile court that the employee's
minor is required to appear before the court.
(b) An employer must grant permission to leave the workplace with or without pay if
the employee has requested permission at least seven days in advance or within 24 hours of the
employee receiving notice of the hearing.
(3) If a parent or other person who signed a written promise to appear and bring the
child to court under Section 
78A-6-112
 or 
78A-6-113
 fails to appear and bring the child to
court on the date set in the promise, or, if the date was to be set, after notification by the court,
a warrant may be issued for the apprehension of that person.
(4) Willful failure to perform the promise is a 
class B
 misdemeanor if, at the time of
the execution of the promise, the promisor is given a copy of the promise which clearly states
that failure to appear and have the child appear as promised is a 
class B
 misdemeanor. The
juvenile court shall have jurisdiction to proceed against the promisor in adult proceedings
pursuant to Part 10, Adult Offenses.
(5) The court shall endeavor, through use of the warrant of arrest if necessary, as
provided in Subsection (6), or by other means, to ensure the presence at all hearings of one or
both parents or of the guardian of a child. If neither a parent nor guardian is present at the
court proceedings, the court may appoint a guardian ad litem to protect the interest of a minor. 
A guardian ad litem may also be appointed whenever necessary for the welfare of a minor,
whether or not a parent or guardian is present.
(6) A warrant may be issued for a parent, a guardian, a custodian, or a minor if:
(a) a summons is issued but cannot be served;
(b) it is made to appear to the court that the person to be served will not obey the
summons; or
(c) serving the summons will be ineffectual.
Section 46. Section 
78B-1-126
 is amended to read:
78B-1-126.
Jurors and witnesses -- Purchase of certificate forbidden -- Penalty.
(1) No person connected officially with any of the district courts of this state, and no
state, district, county or precinct officer, shall purchase or cause to be purchased any certificate
issued to any juror or witness under the provisions of this title.
(2) Any person who violates the provisions of this section is guilty of a 
class B
misdemeanor.
Section 47. 
Repealer.
This bill repeals:
Section 
23-20-27
,
Alteration of license, permit, tag or certificate a misdemeanor.