Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 90 (2024GS)

Sponsor

Sen. Kwan, K.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions to modify gender-specific language;
• enacts changes to conform with legislative drafting standards; and
• makes other technical and conforming changes.

Every vote on this bill

Bill text

TECHNICAL CODE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: 
 Marsha Judkins
LONG TITLE
General Description:
This bill amends provisions to modify gender-specific language.
Highlighted Provisions:
This bill:
▸ amends provisions to modify gender-specific language;
▸ enacts changes to conform with legislative drafting standards; and
▸ makes other technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
6-1-2
, as enacted in Utah Code Annotated 1953
6-1-4
, as enacted in Utah Code Annotated 1953
6-1-10
, as enacted in Utah Code Annotated 1953
6-1-11
, as enacted in Utah Code Annotated 1953
6-1-13
, as enacted in Utah Code Annotated 1953
6-1-14
, as enacted in Utah Code Annotated 1953
6-1-16
, as enacted in Utah Code Annotated 1953
6-1-17
, as enacted in Utah Code Annotated 1953
6-1-18
, as enacted in Utah Code Annotated 1953
10-8-42
, as enacted in Utah Code Annotated 1953
10-8-78
, as enacted in Utah Code Annotated 1953
10-8-85
, as enacted in Utah Code Annotated 1953
11-1-1
, as enacted in Utah Code Annotated 1953
11-6-1
, as enacted in Utah Code Annotated 1953
11-7-4
, as enacted by Laws of Utah 1957, Chapter 19
15-2-2
, as enacted in Utah Code Annotated 1953
15-2-3
, as enacted in Utah Code Annotated 1953
15-2-4
, as enacted in Utah Code Annotated 1953
15-3-1
, as enacted in Utah Code Annotated 1953
15-4-5
, as enacted in Utah Code Annotated 1953
15-4-6
, as enacted in Utah Code Annotated 1953
16-7-6
, as enacted in Utah Code Annotated 1953
17-3-9
, as enacted in Utah Code Annotated 1953
17-16-12
, as enacted in Utah Code Annotated 1953
17-22-10
, as enacted in Utah Code Annotated 1953
17-22-11
, as enacted in Utah Code Annotated 1953
17-22-13
, as enacted in Utah Code Annotated 1953
17-22-14
, as enacted in Utah Code Annotated 1953
17-22-15
, as enacted in Utah Code Annotated 1953
17-22-16
, as enacted in Utah Code Annotated 1953
17-22-17
, as enacted in Utah Code Annotated 1953
17-22-18
, as enacted in Utah Code Annotated 1953
17-22-19
, as enacted in Utah Code Annotated 1953
17-22-20
, as enacted in Utah Code Annotated 1953
17-22-24
, as enacted in Utah Code Annotated 1953
17-22-25
, as enacted in Utah Code Annotated 1953
17-30-10
, as enacted by Initiative Measure, 1960
17-30-16
, as enacted by Initiative Measure, 1960
17-30-17
, as enacted by Initiative Measure, 1960
17-30-20
, as enacted by Initiative Measure, 1960
22-1-4
, as enacted in Utah Code Annotated 1953
22-1-5
, as enacted in Utah Code Annotated 1953
22-1-6
, as enacted in Utah Code Annotated 1953
22-1-7
, as enacted in Utah Code Annotated 1953
22-1-8
, as enacted in Utah Code Annotated 1953
22-1-9
, as enacted in Utah Code Annotated 1953
22-2-1
, as enacted in Utah Code Annotated 1953
25-5-1
, as enacted in Utah Code Annotated 1953
25-5-3
, as enacted in Utah Code Annotated 1953
25-5-6
, as enacted in Utah Code Annotated 1953
25-5-7
, as enacted in Utah Code Annotated 1953
29-1-1
, as enacted in Utah Code Annotated 1953
34-19-8
, as enacted by Laws of Utah 1969, Chapter 85
34-19-11
, as enacted by Laws of Utah 1969, Chapter 85
34-20-1
, as enacted by Laws of Utah 1969, Chapter 85
34-26-2
, as enacted by Laws of Utah 1969, Chapter 85
34-26-3
, as enacted by Laws of Utah 1969, Chapter 85
34-27-1
, as enacted by Laws of Utah 1969, Chapter 85
34-29-9
, as enacted by Laws of Utah 1969, Chapter 85
34-29-19
, as enacted by Laws of Utah 1969, Chapter 85
34-30-8
, as enacted by Laws of Utah 1969, Chapter 85
34-33-1
, as enacted by Laws of Utah 1969, Chapter 85
34-34-13
, as enacted by Laws of Utah 1969, Chapter 85
38-2-1
, as enacted in Utah Code Annotated 1953
38-2-2
, as last amended by Laws of Utah 1953, Chapter 61
38-2-3.1
, as enacted by Laws of Utah 1953, Chapter 62
38-2-5
, as enacted in Utah Code Annotated 1953
38-3-3
, as enacted in Utah Code Annotated 1953
38-7-3
, as enacted by Laws of Utah 1965, Chapter 75
40-1-2
, as enacted in Utah Code Annotated 1953
40-1-12
, as enacted in Utah Code Annotated 1953
41-4-2
, as enacted in Utah Code Annotated 1953
41-4-3
, as enacted in Utah Code Annotated 1953
41-4-12
, as enacted in Utah Code Annotated 1953
41-19-1
, as enacted by Laws of Utah 1967, Chapter 53
42-1-1
, as enacted in Utah Code Annotated 1953
43-1-2
, as enacted in Utah Code Annotated 1953
47-1-2
, as enacted in Utah Code Annotated 1953
47-1-3
, as enacted in Utah Code Annotated 1953
47-1-7
, as enacted in Utah Code Annotated 1953
52-1-8
, as enacted in Utah Code Annotated 1953
52-1-11
, as enacted in Utah Code Annotated 1953
54-4-20
, as enacted in Utah Code Annotated 1953
54-7-7
, as enacted in Utah Code Annotated 1953
54-8-12
, as enacted by Laws of Utah 1969, Chapter 157
56-1-19
, as enacted in Utah Code Annotated 1953
56-1-20
, as enacted in Utah Code Annotated 1953
57-1-4
, as enacted in Utah Code Annotated 1953
57-1-11
, as enacted in Utah Code Annotated 1953
57-2-12
, as enacted in Utah Code Annotated 1953
57-2-15
, as enacted in Utah Code Annotated 1953
57-2-16
, as enacted in Utah Code Annotated 1953
57-2-17
, as enacted in Utah Code Annotated 1953
57-6-2
, as enacted in Utah Code Annotated 1953
57-6-3
, as enacted in Utah Code Annotated 1953
57-6-7
, as enacted in Utah Code Annotated 1953
57-6-8
, as enacted in Utah Code Annotated 1953
57-8-19
, as enacted by Laws of Utah 1963, Chapter 111
57-8-25
, as enacted by Laws of Utah 1963, Chapter 111
57-8-26
, as enacted by Laws of Utah 1963, Chapter 111
57-9-4
, as enacted by Laws of Utah 1963, Chapter 109
57-9-8
, as enacted by Laws of Utah 1963, Chapter 109
67-1-4
, as enacted in Utah Code Annotated 1953
67-1-6
, as enacted in Utah Code Annotated 1953
67-3-2
, as enacted in Utah Code Annotated 1953
67-4-15
, as enacted in Utah Code Annotated 1953
67-9-2
, as enacted in Utah Code Annotated 1953
67-16-9
, as enacted by Laws of Utah 1969, Chapter 128
69-1-4
, as enacted in Utah Code Annotated 1953
73-1-9
, as enacted in Utah Code Annotated 1953
73-1-12
, as enacted in Utah Code Annotated 1953
73-2-1.2
, as enacted by Laws of Utah 1967, Chapter 176
73-2-1.3
, as enacted by Laws of Utah 1967, Chapter 176
73-2-11
, as enacted in Utah Code Annotated 1953
73-3-11
, as enacted in Utah Code Annotated 1953
73-3-19
, as enacted in Utah Code Annotated 1953
73-4-2
, as last amended by Laws of Utah 1969, Chapter 198
73-4-23
, as enacted in Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
6-1-2
 is amended to read:
6-1-2.
When assignment void.
An assignment for the benefit of creditors is void against any creditor of the assignor
not assenting thereto in the following cases:
(1) if it gives a preference dependent upon any condition or contingency, or with any
power of revocation reserved;
(2) if it tends to coerce any creditor to release or compromise [
his
] 
the creditor's
demand;
(3) if it provides for the payment of any claim known by the assignor to be false or
fraudulent, or for the payment of more upon any claim than is known to be justly due from the
assignor;
(4) if it reserves any interest in the assigned property or in any part thereof to the
assignor or for [
his
] 
the assignor's
 benefit before all [
his
] 
the assignor's
 existing debts are paid;
and
(5) if it confers upon the assignee any power which, if exercised, might prevent or
delay the immediate conversion of the assigned property to the purposes of the trust; provided,
that the assignment may provide reasonable terms and manner of sale to be carried out only so
far as practicable and not prejudicial to the interest of the estate in the discretion of the court.
Section 2. Section 
6-1-4
 is amended to read:
6-1-4.
Inventory -- Bond.
The assignee shall forthwith file with the clerk of the district court of the county where
the property assigned is located a true and full inventory and valuation of said estate, under
oath, so far as the same has come to [
his
] 
the assignee's
 knowledge, and shall then enter into
bonds to the state for the use of the creditors in double the amount of the inventory and
valuation, with one or more sureties to be approved by said clerk, for the faithful performance
of said trust; and the assignee may thereupon proceed to perform any duty necessary to carry
into effect the purpose of said assignment.
Section 3. Section 
6-1-10
 is amended to read:
6-1-10.
Dividends to creditors.
If no exception is made and filed to the claim of any creditor, or if the same has been
adjudicated, the court shall order the assignee to make from time to time fair and equal
dividends among the creditors of the assets in [
his
] 
the assignee's
 hands in proportion to [
their
]
the creditors'
 claims and according to the preferences or classes, if any, named in the
assignment, and as soon as may be to render a final account of [
his
] 
the assignee's
 trust to the
court. If upon making the final dividend to creditors the assignee shall be unable after
reasonable efforts to ascertain the place of residence of any creditor or the person who is
authorized to receive the dividend due any creditor, [
he
] 
the assignee
 shall report the same to
the court, with evidence showing diligent attempts to find such creditor or person authorized to
receive the dividend; whereupon the court may in its discretion order the distribution of the
unclaimed dividend among the other creditors.
Section 4. Section 
6-1-11
 is amended to read:
6-1-11.
Court to supervise administration.
The assignee shall at all times be subject to the order and supervision of the court or
judge and from time to time may be compelled, by citation or attachment, to file reports of [
his
]
the assignee's
 proceedings and of the situation and condition of the trust, and to proceed in the
execution of the duties required by this title.
Section 5. Section 
6-1-13
 is amended to read:
6-1-13.
Failure to file inventory -- Examination of debtor.
No assignment shall be declared fraudulent or void for want of any list or inventory as
provided in this title. The court or judge may, upon application of the assignee or any creditor,
compel the appearance in person of the debtor before such court or judge, forthwith or at the
next term, to answer under oath such matters as may be inquired of [
him
] 
the debtor
, and such
debtor may be fully examined under oath as to the amount and situation of [
his
] 
the debtor's
estate, and the names of the creditors and amounts due to each with their places of residence,
and may be compelled to deliver to the assignee any property or estate embraced in the
assignment.
Section 6. Section 
6-1-14
 is amended to read:
6-1-14.
Subsequent inventory -- Additional bond.
The assignee shall from time to time file with the clerk of the court an inventory and
valuation of any additional property which may come into [
his
] 
the assignee's
 hands under the
assignment after the filing of the first inventory, and the clerk or the judge of the court may
thereupon require [
him
] 
the assignee
 to give additional security.
Section 7. Section 
6-1-16
 is amended to read:
6-1-16.
Sales -- Confirmation.
The assignee may dispose of and sell all the estate assigned, real and personal, which
the debtor had at the time of the assignment, may sue for and recover in [
his
] 
the assignee's
own name everything belonging or appertaining to said estate, and generally do whatever the
debtor might have done in the premises; but no sale of real estate belonging to said trust shall
be made without notice published as in case of sales of real estate on execution, unless the
court or judge shall otherwise order, and no such sales shall be valid until approved by the
court or judge.
Section 8. Section 
6-1-17
 is amended to read:
6-1-17.
Removal of assignee.
Upon a written application of a majority of the creditors in amount the court shall
remove the assignee and appoint in [
his
] 
the assignee's
 stead a person approved by the creditors
in the same number and amount, and the person so removed shall immediately turn over to the
clerk of the court, or any person appointed by the court, all money and property of the estate in
[
his
] 
the removed assignee's
 hands.
Section 9. Section 
6-1-18
 is amended to read:
6-1-18.
Death or neglect of assignee.
If an assignee dies before the closing of [
his
] 
the assignee's
 trust, or shall fail or neglect
for the period of 20 days after making of any assignment to file an inventory and valuation and
give bond as required in this title, the district court or any judge thereof of the county where
such assignment may be recorded, on the application of any person interested, shall appoint
some person to execute the trust, who shall on giving bond have all the powers of the assignee
first appointed and be subject to all the duties hereby imposed. If it is shown to the court at any
time that an assignee is guilty of wasting or misapplying the trust fund, [
he
] 
that assignee
 may
be removed, and a successor appointed in the same manner.
Section 10. Section 
10-8-42
 is amended to read:
10-8-42.
Intoxicating liquors -- Prohibitions on manufacture, sale, possession, etc.
They may prohibit, except as provided by law, any person from knowingly having in
[
his
] 
the person's
 possession any intoxicating liquor, and the manufacture, sale, keeping or
storing for sale, offering or exposing for sale, importing, carrying, transporting, advertising,
distributing, giving away, exchanging, dispensing or serving of intoxicating liquors.
Section 11. Section 
10-8-78
 is amended to read:
10-8-78.
Official bonds and reports.
They may require all municipal officers and agents, elected or appointed, to give bond
and security for the faithful performance of their duties, and require from every officer of the
city at any time a report in detail of all transactions in [
his
] 
the officer of the city's
 office or any
matters connected therewith.
Section 12. Section 
10-8-85
 is amended to read:
10-8-85.
Prison labor and fines.
They may provide by ordinance that any person committed to the county or municipal
jail or other place of incarceration as a punishment or in default of the payment of a fine, or
fine and costs, shall be required to work for the city at such labor as [
his
] 
the person's
 strength
will permit not exceeding eight hours in each working day; and that a judgment that the
defendant pay a fine or a fine and costs may also direct that [
he
] 
the defendant
 be imprisoned
until the amount thereof is satisfied, specifying the extent of imprisonment which cannot
exceed one day for each $2 of such amount.
Section 13. Section 
11-1-1
 is amended to read:
11-1-1.
Auditor's certificate to show obligation within debt limit.
The county auditor of each county, the auditor of each city, and the clerk of each board
of education in this state shall endorse a certificate upon every bond, warrant or other evidence
of debt, issued pursuant to law by any such officer, that the same is within the lawful debt limit
of such county, city or school district, respectively, and is issued according to law. [
He
] 
The
officer
 shall sign such certificate in [
his
] 
the officer's
 official character.
Section 14. Section 
11-6-1
 is amended to read:
11-6-1.
Records to be kept -- Availability to peace officers.
Pawnbrokers and dealers in secondhand goods shall keep records containing a
description of all articles received by them, the amounts paid therefor or advanced thereon, a
general description of the person from whom received, together with [
his
] 
the person's
 name
and address and the date of the transaction. Such records shall at all reasonable times be
accessible to any peace officer who demands an inspection thereof, and any further information
regarding such transaction that [
he
] 
the peace officer
 may require shall be given by
pawnbrokers and secondhand dealers to the best of their ability. In cities of the first and the
second class at the close of each day's business pawnbrokers shall mail a copy of such records
to the sheriff of the county in which they are located.
Section 15. Section 
11-7-4
 is amended to read:
11-7-4.
Death or injury of firefighter while fighting fire outside territorial limits.
The effect of the death or injury of any [
fireman
] 
firefighter
 who is killed or injured
outside the territorial limits of the county or municipality where [
he
] 
the firefighter
 is a member
of the fire-fighting force or fire department and while that force or department is functioning
pursuant to any contract made under Section 
11-7-1
 shall be the same as if [
he
] 
the firefighter
were killed or injured while that force or department was functioning within its own territorial
limits, and [
his
] 
the firefighter's
 death shall be considered in the line of duty.
Section 16. Section 
15-2-2
 is amended to read:
15-2-2.
Liability for necessaries and on contracts -- Disaffirmance.
A minor is bound not only for reasonable value of necessaries but also by [
his
] 
the
minor's
 contracts, unless [
he
] 
the minor
 disaffirms them before or within a reasonable time
after [
he
] 
the minor
 attains [
his
] majority and restores to the other party all money or property
received by [
him
] 
the minor
 by virtue of said contracts and remaining within [
his
] 
the minor's
control at any time after attaining [
his
] majority.
Section 17. Section 
15-2-3
 is amended to read:
15-2-3.
Limitation on right to disaffirm.
No contract can be thus disaffirmed in cases where, on account of the minor's own
misrepresentations as to [
his
] 
the minor's
 majority or from [
his
] 
the minor
 having engaged in
business as adult, the other party had good reason to believe the minor capable of contracting.
Section 18. Section 
15-2-4
 is amended to read:
15-2-4.
Payment for personal services.
When a contract for the personal services of a minor has been made with [
him
] 
the
minor
 alone, and those services are afterward performed, payment made therefor to such minor
in accordance with the terms of the contract is a full satisfaction for those services, and the
parent or guardian cannot recover therefor a second time.
Section 19. Section 
15-3-1
 is amended to read:
15-3-1.
Conveyances, releases, sales by persons acting jointly.
A conveyance, release or sale may be made to or by two or more persons acting jointly
and one or more, but less than all, of these persons acting either [
by himself or themselves
]
alone
 or with other persons; and a contract may be made between such parties.
Section 20. Section 
15-4-5
 is amended to read:
15-4-5.
Release of co-obligor -- Effect of knowledge of obligee.
(1) If an obligee releasing or discharging an obligor without express reservation of
rights against a co-obligor then knows or has reason to know that the obligor released or
discharged did not pay as much of the claim as [
he
] 
that obligor
 was bound by [
his
] 
that
obligor's
 contract or relation with that co-obligor to pay, the obligee's claim against that
co-obligor shall be satisfied to the amount which the obligee knew or had reason to know that
the released or discharged obligor was bound to such co-obligor to pay.
(2) If an obligee so releasing or discharging an obligor has not then such knowledge or
reason to know, the obligee's claim against the co-obligor shall be satisfied to the extent of the
lesser of two amounts, namely:
(a) the amount of the fractional share of the obligor released or discharged; or
(b) the amount that such obligor was bound by [
his
] 
that obligor's
 contract or relation
with the co-obligor to pay.
Section 21. Section 
15-4-6
 is amended to read:
15-4-6.
Death of joint obligor -- Survivorship.
On the death of a joint obligor in contract [
his
] 
the joint obligor's
 executor or
administrator shall be bound as such jointly and severally with the surviving obligor or
obligors.
Section 22. Section 
16-7-6
 is amended to read:
16-7-6.
Powers of corporations sole.
Upon making and filing articles of incorporation as herein provided the person
subscribing the same and [
his
] 
the person's
 successor in office, by the name or title specified in
the articles, shall thereafter be deemed and is hereby created a body politic and a corporation
sole, with perpetual succession, and shall have power:
(1) To acquire and possess, by donation, gift, bequest, devise or purchase, and to hold
and maintain, property, real, personal and mixed; and to grant, sell, convey, rent or otherwise
dispose of the same as may be necessary to carry on or promote the objects of the corporation.
(2) To borrow money and to give written obligations therefor, and to secure the
payment thereof by mortgage or other lien upon real or personal property, when necessary to
promote such objects.
(3) To contract and be contracted with.
(4) To sue and be sued.
(5) To plead and be impleaded in all courts of justice.
(6) To have and use a common seal by which all deeds and acts of such corporation
may be authenticated.
Section 23. Section 
17-3-9
 is amended to read:
17-3-9.
Division of taxes.
Whenever a new county shall be created under the provisions of this chapter and the
officers thereof shall have duly qualified the county treasurer of the county from which territory
has been taken to create such new county shall furnish to the county treasurer of such new
county a certified list of all taxes collected by [
him
] 
the county treasurer of the county from
which territory has been taken
 for the preceding year upon the property located within such
portion of [
his
] 
that
 county as has become a part of such new county, together with the entire
amount of such county, district school or other special taxes [
by him collected
] 
collected by the
county treasurer of the county from which territory has been taken
 for such preceding year, less
the pro rata cost of assessing and collecting the same and the entire cost of making said
certified lists.
Section 24. Section 
17-16-12
 is amended to read:
17-16-12.
Business to be finished before expiration of term.
It shall be the duty of all officers in this title named to complete the business of their
respective offices to the time of the expiration of their respective terms, and in case an officer
at the close of [
his
] 
the officer's
 term shall leave to [
his
] 
the officer's
 successor official labor to
be performed for which [
he
] 
the officer
 has received compensation or which it was [
his
] 
the
officer's
 duty to perform, [
he
] 
the officer
 shall be liable to pay [
his
] 
the officer's
 successor the
full value of such service.
Section 25. Section 
17-22-10
 is amended to read:
17-22-10.
Prisoners under civil process.
Whenever a person is committed upon process in a civil action or proceeding, except
when the state is a party thereto, the sheriff is not bound to receive such person unless security
is given on the part of the party at whose instance the process is issued, by deposit of money, to
meet the expenses of necessary food, clothing and bedding for [
him
] 
the committed person
, or
to detain such person any longer than the expenses are provided for. This section does not
apply to cases where a party is committed as a punishment for disobedience to the mandates,
process, writs or orders of court.
Section 26. Section 
17-22-11
 is amended to read:
17-22-11.
Return of process.
When process or notice is returnable [
he
]
, the sheriff
 may enclose such process or
notice in an envelope addressed to the officer or person from whom the same emanated, and
deposit it in the post office, prepaying the postage.
Section 27. Section 
17-22-13
 is amended to read:
17-22-13.
Failure or delay in making return on process -- Penalty.
If a sheriff does not return without delay a process or notice in [
his
] 
the sheriff's
possession with the necessary endorsement thereon, [
he
] 
the sheriff
 is liable to the party
aggrieved for all damages sustained by [
him
] 
the aggrieved party
.
Section 28. Section 
17-22-14
 is amended to read:
17-22-14.
Failure to levy execution -- Penalty.
If the sheriff to whom a writ of execution is delivered neglects or refuses, after being
required by the creditor or [
his
] 
the creditor's
 attorney, the fees having first been paid or
tendered, to levy upon or sell any property of the party charged in the writ which is liable to be
levied upon and sold, [
he
] 
the sheriff
 shall be liable to the creditor for the value of such
property.
Section 29. Section 
17-22-15
 is amended to read:
17-22-15.
Neglect or refusal to pay over money -- Penalty.
If [
he
] 
the sheriff
 neglects or refuses to pay over on demand to the person entitled
thereto any money which may come into [
his
] 
the sheriff's
 hands by virtue of [
his
] 
the sheriff's
office, after deducting all legal fees, the amount thereof with 25% damages and interest at the
rate of 1% per month from the time of demand may be recovered by such person; provided,
that such sheriff may pay such money into the court or to the clerk thereof issuing the writ or
process upon which such money is collected or received and from the time of such payment the
sheriff shall be relieved of all liability therefor, unless the detention is shown to have been
wrongful.
Section 30. Section 
17-22-16
 is amended to read:
17-22-16.
Declaring office vacant.
When the sheriff is committed for not paying over money received by [
him
] 
the sheriff
by virtue of [
his
] 
the sheriff's
 office and remains committed for 60 days [
his
] 
the sheriff's
 office
is vacant.
Section 31. Section 
17-22-17
 is amended to read:
17-22-17.
Escapes -- Sheriff's liability.
A sheriff who suffers the escape of a person arrested in a civil action, without the
consent or connivance of the party in whose behalf the arrest or imprisonment is made, is liable
as follows:
(1) When the arrest is upon an order to hold to bail or upon a surrender in exoneration
of bail before judgment [
he
] 
the sheriff
 is liable to the plaintiff as bail.
(2) When the arrest is on an execution or commitment to enforce the payment of
money [
he
] 
the sheriff
 is liable for the amount expressed in the execution or commitment.
(3) When the arrest is on an execution or commitment other than to enforce the
payment of money [
he
] 
the sheriff
 is liable for the actual damages sustained.
(4) Upon being sued for damages for an escape or rescue [
he
] 
the sheriff
 may introduce
evidence in mitigation and exculpation.
Section 32. Section 
17-22-18
 is amended to read:
17-22-18.
Rescues -- Sheriff's liability.
[
He
] 
The sheriff
 is liable for the rescue of a person arrested in a civil action equally as
for an escape.
Section 33. Section 
17-22-19
 is amended to read:
17-22-19.
Action for escape or rescue -- Defenses.
An action cannot be maintained against the sheriff for a rescue or for an escape of a
person arrested upon an execution or commitment, if after [
his
] 
that person's
 rescue or escape
and before the commencement of the action the prisoner returns to the jail or is retaken by the
sheriff or by any other person.
Section 34. Section 
17-22-20
 is amended to read:
17-22-20.
Only written directions to sheriff binding.
No direction or authority by a party or [
his
] 
the party's
 attorney to the sheriff in respect
to the execution of process or the return thereof or to any act or omission relating thereto is
available to discharge or excuse the sheriff from liability for neglect or misconduct, unless it is
contained in a writing, signed by the attorney of the party or by the party, if [
he
] 
the party
 has
no attorney.
Section 35. Section 
17-22-24
 is amended to read:
17-22-24.
Service of papers, other than process, on sheriff -- Powers of successor.
Service upon the sheriff of a paper other than process may be made by delivering it or a
copy thereof to [
him
] 
the sheriff
 or to one of [
his
] 
the sheriff's
 deputies or to a person in charge
of [
his
] 
the sheriff's
 office during office hours, or, if no such person is there, by leaving it in a
conspicuous place in the office. When any process remains with the sheriff unexecuted, in
whole or in part, at the time of [
his
] 
the sheriff's
 death, resignation of office or at the expiration
of [
his
] 
the sheriff's
 office such process shall be executed by [
his
] 
the sheriff's
 successor in
office; and when the sheriff sells real estate under and by virtue of an execution or order of
court [
he
] 
the sheriff
 or [
his
] 
the sheriff's
 successor in office shall execute and deliver to the
purchaser all such deeds and conveyances as are required by law and necessary for that
purpose, and such deeds and conveyances shall be as valid in law as if they had been executed
by the sheriff who made the sale.
Section 36. Section 
17-22-25
 is amended to read:
17-22-25.
Service of process on sheriff -- When constable to act.
In cases where it appears in any court of record that the sheriff is a party, or where an
affidavit is filed with the clerk of the court stating partiality, prejudice, consanguinity or
interest on the part of the sheriff, the clerk of the court shall direct process to any constable of
the county, whose duty it shall be to execute it in the same manner as if [
he
] 
the constable
 were
sheriff.
Section 37. Section 
17-30-10
 is amended to read:
17-30-10.
Appointments from eligible register -- Failure to accept appointment.
(1) When a peace officer is to be appointed, the appointing authority shall request the
merit system commission to certify three eligible applicants for the position. The commission
shall thereupon certify to the appointing authority the names of the three applicants standing
highest on the eligible register. The appointing authority shall select and appoint one of the
persons so certified.
(2) In the event a certified person fails to accept a proffered appointment, [
he
] 
the
certified person
 may, at [
his
] 
the certified person's
 request, retain [
his
] 
the certified person's
place on the eligible register if [
he
] 
the certified person
 submits in writing reasons sufficient in
the judgment of the commission to justify such failure.
Section 38. Section 
17-30-16
 is amended to read:
17-30-16.
Temporary layoffs -- Re-employment register.
When necessary because of lack of funds or work an officer may, with the approval of
the commission, be temporarily laid off. Such layoff shall be made according to the lowest
rating of the officers of the class of position affected, calculated upon seniority under a method
prescribed by the commission. A person serving under temporary or emergency appointment
shall be laid off before any merit system officer. A merit system officer who is laid off shall be
placed upon a re-employment register to be re-employed in the inverse order in which [
he
] 
the
merit system officer
 is laid off, which register shall take precedence over all eligible registers.
Section 39. Section 
17-30-17
 is amended to read:
17-30-17.
Leave of absence -- Sick leaves and vacations.
(1) The appointing authority, with the approval of the commission, may grant an
officer a leave of absence without pay for a period not to exceed one year. In the event an
officer on leave takes a higher position in police work which does not come under the merit
system provisions of this act, the leave may, with the consent of the commission, be renewed.
In the event an officer is elected sheriff, or is appointed chief deputy, [
he
] 
the officer
 shall
automatically be placed on leave for the period of time [
he
] 
the officer
 remains sheriff or chief
deputy. Upon the termination of a leave of absence, the officer shall be returned to [
his
] 
the
officer's
 former position.
(2) Sick leaves and vacations with pay shall be as provided by law or ordinance.
Section 40. Section 
17-30-20
 is amended to read:
17-30-20.
Appeal to district court -- Scope of review.
A person aggrieved by an act or failure to act of any merit system commission under
this act may appeal to the district court, if [
he
] 
the aggrieved person
 has exhausted [
his
] 
the
remedies of appeal to the commission. The courts may review questions of law and fact and
may affirm, set aside, or modify the ruling complained of.
Section 41. Section 
22-1-4
 is amended to read:
22-1-4.
Transfer of negotiable instruments by fiduciaries.
If any negotiable instrument payable or indorsed to a fiduciary as such is endorsed by
the fiduciary, or if any negotiable instrument payable or endorsed to [
his
] 
the fiduciary's
principal is endorsed by a fiduciary empowered to endorse such instrument on behalf of [
his
]
the
 principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach
of [
his
] 
the fiduciary's
 obligation as fiduciary in endorsing or delivering the instrument, and is
not chargeable with notice that the fiduciary is committing a breach of [
his
] 
the fiduciary's
obligation as fiduciary, unless [
he
] 
the fiduciary
 takes the instrument with actual knowledge of
such breach or with knowledge of such facts that [
his
] 
the fiduciary's
 action in taking the
instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in
payment of, or as security for, a personal debt of the fiduciary to the actual knowledge of the
creditor, or is transferred in any transaction known by the transferee to be for the personal
benefit of the fiduciary, the creditor or other transferee is liable to the principal, if the fiduciary
in fact commits a breach of [
his
] 
the fiduciary's
 obligation as fiduciary in transferring the
instrument.
Section 42. Section 
22-1-5
 is amended to read:
22-1-5.
Checks -- Drawn by fiduciaries, payable to third persons.
If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of
[
his
] 
the fiduciary's
 principal by a fiduciary empowered to draw such instrument in the name of
[
his
] 
the fiduciary's
 principal, the payee is not bound to inquire whether the fiduciary is
committing a breach of [
his
] 
the fiduciary's
 obligation as fiduciary in drawing or delivering the
instrument, and is not chargeable with notice that the fiduciary is committing a breach of [
his
]
the fiduciary's
 obligation as fiduciary, unless [
he
] 
the fiduciary
 takes the instrument with actual
knowledge of such breach or with knowledge of such facts that [
his
] 
the fiduciary's
 action in
taking the instrument amounts to bad faith. If, however, such instrument is payable to a
personal creditor of the fiduciary and delivered to the creditor in payment of, or as security for,
a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and
delivered in any transaction known by the payee to be for the personal benefit of the fiduciary,
the creditor or other payee is liable to the principal, if the fiduciary in fact commits a breach of
[
his
] 
the fiduciary's
 obligation as fiduciary in drawing or delivering the instrument.
Section 43. Section 
22-1-6
 is amended to read:
22-1-6.
Checks drawn by or payable to fiduciary.
If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of
[
his
] 
the fiduciary's
 principal by a fiduciary empowered to draw such instrument in the name of
[
his
] 
the
 principal, payable to the fiduciary personally, or payable to a third person and [
by him
transferred
] 
transferred by the third person
 to the fiduciary, and is thereafter transferred by the
fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is
not bound to inquire whether the fiduciary is committing a breach of [
his
] 
the fiduciary's
obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the
fiduciary is committing a breach of [
his
] 
the fiduciary's
 obligation as fiduciary, unless [
he
] 
the
transferee
 takes the instrument with actual knowledge of such breach or with knowledge of
such facts that [
his
] 
the transferee
 action in taking the instrument amounts to bad faith.
Section 44. Section 
22-1-7
 is amended to read:
22-1-7.
Bank deposits in name of fiduciary.
If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized
to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed
with the name in which such deposit is entered, without being liable to the principal, unless the
bank pays the check with actual knowledge that the fiduciary is committing a breach of [
his
]
the fiduciary's
 obligation as fiduciary in drawing the check, or with knowledge of such facts
that its action in paying the check amounts to bad faith. If, however, such a check is payable to
the drawee bank and is delivered to it in payment of, or as security for, a personal debt of the
fiduciary to it, the bank is liable to the principal, if the fiduciary in fact commits a breach of
[
his
] 
the fiduciary's
 obligation as fiduciary in drawing or delivering the check.
Section 45. Section 
22-1-8
 is amended to read:
22-1-8.
Checks drawn in name of principal.
If a check is drawn upon the account of [
his
] 
a fiduciary's
 principal in a bank by a
fiduciary who is empowered to draw checks upon [
his
] 
the fiduciary's
 principal's account, the
bank is authorized to pay such check without being liable to the principal, unless the bank pays
the check with actual knowledge that the fiduciary is committing a breach of [
his
] 
the
fiduciary's
 obligation as fiduciary in drawing such check, or with knowledge of such facts that
its action in paying the check amounts to bad faith. If, however, such a check is payable to the
drawee bank and is delivered to it in payment of, or as security for, a personal debt of the
fiduciary to it, the bank is liable to the principal, if the fiduciary in fact commits a breach of
[
his
] 
the fiduciary's
 obligation as fiduciary in drawing or delivering the check.
Section 46. Section 
22-1-9
 is amended to read:
22-1-9.
Deposits in fiduciary's personal account.
If a fiduciary makes a deposit in a bank to [
his
] 
the fiduciary's
 personal credit of checks
drawn by [
him
] 
the fiduciary
 upon an account in [
his
] 
the fiduciary's
 own name as fiduciary, or
of checks payable to [
him
] 
the fiduciary
 as fiduciary, or of checks drawn by [
him
] 
the fiduciary
upon an account in the name of [
his
] 
the fiduciary's
 principal, if [
he
] 
the fiduciary
 is
empowered to draw checks thereon, or of checks payable to [
his
] 
the fiduciary's
 principal and
indorsed by [
him
] 
the fiduciary
, if [
he
] 
the fiduciary
 is empowered to indorse such checks, or if
[
he
] 
the fiduciary
 otherwise makes a deposit of funds held by [
him
] 
the fiduciary
 as fiduciary,
the bank receiving such deposit is not bound to inquire whether the fiduciary is committing
thereby a breach of [
his
] 
the fiduciary's
 obligation as fiduciary; and the bank is authorized to
pay the amount of the deposit or any part thereof upon the personal check of the fiduciary
without being liable to the principal, unless the bank receives the deposit or pays the check
with actual knowledge that the fiduciary is committing a breach of [
his
] 
the fiduciary's
obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of
such facts that its action in receiving the deposit or paying the check amounts to bad faith.
Section 47. Section 
22-2-1
 is amended to read:
22-2-1.
Death of trustee -- Trust estate vests in successor.
Upon the death of a sole or surviving trustee of an express trust the trust estate does not
descend to [
his
] 
the trustee's
 heirs or pass to [
his
] 
the trustee's
 personal representatives, but
shall by virtue hereof, upon the appointment and qualification of a successor to such trustee,
become immediately vested in such successor in trust.
Section 48. Section 
25-5-1
 is amended to read:
25-5-1.
Estate or interest in real property.
No estate or interest in real property, other than leases for a term not exceeding one
year, nor any trust or power over or concerning real property or in any manner relating thereto,
shall be created, granted, assigned, surrendered or declared otherwise than by act or operation
of law, or by deed or conveyance in writing subscribed by the party creating, granting,
assigning, surrendering or declaring the same, or by [
his
] 
that party's
 lawful agent thereunto
authorized by writing.
Section 49. Section 
25-5-3
 is amended to read:
25-5-3.
Leases and contracts for interest in lands.
Every contract for the leasing for a longer period than one year, or for the sale, of any
lands, or any interest in lands, shall be void unless the contract, or some note or memorandum
thereof, is in writing subscribed by the party by whom the lease or sale is to be made, or by
[
his
] 
that party's
 lawful agent thereunto authorized in writing.
Section 50. Section 
25-5-6
 is amended to read:
25-5-6.
Promise to answer for obligation of another -- When not required to be in
writing.
A promise to answer for the obligation of another in any of the following cases is
deemed an original obligation of the promisor and need not be in writing:
(1) Where the promise is made by one who has received property of another upon an
undertaking to apply it pursuant to such promise, or by one who has received a discharge from
an obligation in whole or in part in consideration of such promise.
(2) Where the creditor parts with value or enters into an obligation in consideration of
the obligation in respect to which the promise is made in terms or under circumstances such as
to render the party making the promise the principal debtor and the person in whose behalf it is
made [
his
] 
the principal debtor's
 surety.
(3) Where the promise, being for an antecedent obligation of another, is made upon the
consideration that the party receiving it cancel the antecedent obligation, accepting the new
promise as a substitute therefor; or upon the consideration that the party receiving it releases
the property of another from a levy or [
his
] 
the other's
 person from imprisonment under an
execution on a judgment obtained upon the antecedent obligation; or upon a consideration
beneficial to the promisor, whether moving from either party to the antecedent obligation or
from another person.
(4) Where a factor undertakes for a commission to sell merchandise and to guarantee
the sale.
(5) When the holder of an instrument for the payment of money upon which a third
person is or may become liable to [
him
] 
the holder
 transfers it in payment of a precedent debt
of [
his
] 
the holder's
 own, or for a new consideration, and in connection with such transfer
enters into a promise respecting such instrument.
Section 51. Section 
25-5-7
 is amended to read:
25-5-7.
Contracts by telegraph deemed written.
Contracts made by telegraph shall be deemed to be contracts in writing, and all
communications sent by telegraph and signed by the person sending the same, or by [
his
] 
that
person's
 authority, shall be deemed to be communications in writing.
Section 52. Section 
29-1-1
 is amended to read:
29-1-1.
Fireproof safe for use of guests -- Limitation of liability.
If an innkeeper, hotel keeper, boarding house 
keeper,
 or lodging house keeper keeps on
[
his
] 
the
 premises a fireproof safe or vault, and gives notice to [
his
] guests, boarders or lodgers,
by posting a copy of this section in a prominent or conspicuous place in the office of the inn,
hotel, boarding house or lodging house and in the rooms occupied by the guests, boarders or
lodgers, that [
he
] 
the keeper
 keeps for their use a fireproof safe or vault and will not be liable
for money, jewelry, documents or other articles of unusual value and small compass, unless
placed therein, [
he
] 
the keeper
 is not liable, except so far as [
his
] 
the keeper's
 acts or the acts of
[
his
] 
the keeper's
 employees shall contribute thereto, for any loss of or injury to such articles, if
not deposited with [
him
] 
the keeper
 to be placed in such safe or vault, or in any case for more
than the sum of $250 for any such property, unless [
he
] 
the keeper
 shall have given a receipt in
writing therefor to the guest, boarder or lodger, and the value of the article so placed with [
him
]
the keeper
 for safekeeping shall have been declared by such guest, boarder or lodger.
Section 53. Section 
34-19-8
 is amended to read:
34-19-8.
Injunctive relief -- Appeals.
Whenever any court, or judge or judges of it, shall issue or deny any temporary
injunction in a case involving or growing out of a labor dispute, the court shall, upon the
request of any party to the proceedings, and on [
his
] 
the party's
 filing the usual bond for costs,
forthwith certify the entire record of the case, including a transcript of the evidence taken, to
the appropriate appellate court for its review. Upon the filing of such record in the appropriate
appellate court the appeal shall be heard with the greatest possible expedition, giving the
proceeding precedence over all other matters except older matters of the same character.
Section 54. Section 
34-19-11
 is amended to read:
34-19-11.
"Labor dispute" defined.
(1) The words "labor dispute" as used in this chapter include any controversy
concerning terms or conditions of employment, or concerning the association or representation
of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or
conditions of employment, or concerning employment relations, or any other controversy
arising out of the respective interests of employer and employee, regardless of whether or not
the disputants stand in the proximate relation of employer and employee.
(2) A person or association shall be held to be a person participating or interested in a
labor dispute if relief is sought against [
him or it
] 
the person or association
 and if [
he or it
] 
the
person or association
 is engaged in the industry, trade, craft, or occupation in which such
dispute occurs, or is a member, officer, or agent of any association of employers or employees
engaged in such industry, trade, craft, or occupation.
(3) A case shall be held to involve or grow out of a labor dispute when the case
involves persons who are engaged in a single industry, trade, craft, or occupation; or who are
employees of one employer; or who are members of the same or an affiliated organization of
employers or employees whether such dispute is:
(a) between one or more employers or associations of employers and one or more
employees or associations of employees;
(b) between one or more employers or associations of employers and one or more
employers or associations of employers; or
(c) between one or more employees or associations of employees and one or more
employees or associations of employees; or when the case involves any conflicting or
competing interests in a labor dispute of persons participating or interested in it.
Section 55. Section 
34-20-1
 is amended to read:
34-20-1.
Declaration of policy.
The public policy of the state as to employment relations and collective bargaining in
the furtherance of which this chapter is enacted, is declared to be as follows:
(1) It recognizes that there are three major interests involved, namely: that of the
public, the employee, and the employer. These three interests are to a considerable extent
interrelated. It is the policy of the state to protect and promote each of these interests with due
regard to the situation and to the rights of the others.
(2) Industrial peace, regular and adequate income for the employee, and uninterrupted
production of goods and services are promotive of all of these interests. They are largely
dependent upon the maintenance of fair, friendly, and mutually satisfactory employment
relations and the availability of suitable machinery for the peaceful adjustment of whatever
controversies may arise. It is recognized that certain employers, including farmers and farmer
cooperatives, in addition to their general employer problems, face special problems arising
from perishable commodities and seasonal production which require adequate consideration. It
is also recognized that whatever may be the rights of disputants with respect to each other in
any controversy regarding employment relations, they should not be permitted in the conduct of
their controversy to intrude directly into the primary rights of third parties to earn a livelihood,
transact business, and engage in the ordinary affairs of life by any lawful means and free from
molestation, interference, restraint, or coercion.
(3) Negotiation of terms and conditions of work should result from voluntary
agreement between employer and employee. For the purpose of such negotiation an employee
has the right, if [
he
] 
the employee
 desires, to associate with others in organizing and bargaining
collectively through representatives of [
his
] 
the employee's
 own choosing, without intimidation
or coercion from any source.
(4) It is the policy of the state, in order to preserve and promote the interests of the
public, the employee, and the employer alike, to establish standards of fair conduct in
employment relations and to provide a convenient, expeditious and impartial tribunal by which
these interests may have their respective rights and obligations adjudicated.
Section 56. Section 
34-26-2
 is amended to read:
34-26-2.
Claim -- Notice.
Any such employee, laborer or servant desiring to enforce [
his
] 
a
 claim for wages under
this chapter shall present a statement under oath to the officer, person or court charged with
such property within 10 days after the seizure of it on any process, or within 30 days after the
same may have been placed in the hands of any receiver, assignee or trustee, showing the
amount due after allowing all just credits and setoffs, the kind of work for which such wages
are due and when performed. Any person with whom any such claim shall have been filed shall
give immediate notice thereof by mail to all persons interested, and, if the claim is not
contested as provided in Section 
34-26-3
, it shall be the duty of the person or the court
receiving such statement to pay the amount of such claim or claims to the person or persons
entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the
proceeds of the sale of the property seized.
Section 57. Section 
34-26-3
 is amended to read:
34-26-3.
Claim -- Exceptions -- Contest.
Any person interested may within 10 days after the notice of presentment of said
statement contest such claims, or any part of them, by filing exceptions to them supported by
affidavit with the officer or court having the custody of such property, and thereupon the
claimant shall be required to reduce [
his
] 
the claimant's
 claim to judgment in some court
having jurisdiction before any part thereof shall be paid. The person contesting shall be made a
party defendant in any such action and shall have the right to contest such claim, and the
prevailing party shall recover proper costs.
Section 58. Section 
34-27-1
 is amended to read:
34-27-1.
Reasonable amount -- Taxed as costs.
Whenever a mechanic, artisan, miner, laborer, servant, or other employee shall have
cause to bring suit for wages earned and due according to the terms of [
his
] 
that individual's
employment and shall establish by the decision of the court that the amount for which [
he
] 
the
plaintiff
 has brought suit is justly due, and that a demand has been made in writing at least 15
days before suit was brought for a sum not to exceed the amount so found due, then it shall be
the duty of the court before which the case shall be tried to allow to the plaintiff a reasonable
attorneys' fee in addition to the amount found due for wages, to be taxed as costs of suit.
Section 59. Section 
34-29-9
 is amended to read:
34-29-9.
Commission to be returned if employment not secured.
It shall be unlawful for an employment agent to retain, directly or indirectly, any money
or other valuable consideration received for any information or assistance described in Section
34-29-1
, if the person for whom such information or assistance is furnished fails through no
neglect or fault of [
his
] 
the person's
 own to secure the employment regarding which such
information or assistance is furnished; and the money or consideration shall be by the agent
forthwith returned to the payer of the same upon demand.
Section 60. Section 
34-29-19
 is amended to read:
34-29-19.
Deceptive or duplicate orders for employees -- Liability to applicants.
Any person who places with an employment agent an order for more employees than
[
he
] 
the person placing the order
 actually desires, or who places with employment agents
duplicate orders for employees, or who permits a standing order for employees to remain
uncanceled at a time when [
he
] 
the person placing the order
 does not need such employees,
shall be liable to persons who, in good faith, accept and act upon information furnished in good
faith by employment agents under such excess, duplicate or standing order for the amount
actually expended in traveling from the location of such employment agency to the place of
such proposed employment and return.
Section 61. Section 
34-30-8
 is amended to read:
34-30-8.
Forty-hour work week -- Overtime at one and one-half regular rate.
Forty hours shall constitute a working week on all works and undertakings carried on
by the state, county, or municipal governments, or by any officer of the state or of any county
or municipal government. Any persons, corporation, firm, contractor, agent, manager, or
foreman, who shall require or contract with any person to work upon such works or
undertakings longer than 40 hours in one week shall pay such employees at a rate not less than
one and one-half times the regular rate at which [
he
] 
the employee
 is employed.
Section 62. Section 
34-33-1
 is amended to read:
34-33-1.
Unlawful for employer to charge employee medical examination fee.
It shall be unlawful for any person, firm, corporation or partnership to charge any
person a medical fee for the physical examination of any applicant for employment with such
person, firm, corporation or partnership, or to deduct the cost of such physical examination
from the money earned by such employee or to make any charge for or to deduct from the
earnings of such employee any medical fee for any physical examination upon the
re-employment of any employee who may have discontinued such employment, or 
who may
have been discharged or [
his
] 
whose
 employment 
has
 otherwise 
been
 terminated; nor shall any
employer, as a condition of pre-employment, employment, or continued employment, require
any employee or person applying for employment to submit to or obtain a physical
examination, unless such employer shall pay all costs of such physical examination.
Section 63. Section 
34-34-13
 is amended to read:
34-34-13.
Damages for denial or deprivation of continuation of employment.
Any person who may be denied employment or be deprived of continuation of [
his
]
employment in violation of this chapter shall be entitled to recover from such employer and
from any other person, firm, corporation or association acting in concert with [
him
] 
the
employer
 by appropriate action in the courts of this state such damages as [
he
] 
the person
 may
have sustained by reason of such denial or deprivation of employment.
Section 64. Section 
38-2-1
 is amended to read:
38-2-1.
Lien on livestock -- For feed and care.
Every [
ranchman
] 
rancher
, farmer, agistor, herder of cattle, tavern keeper or livery
stable keeper to whom any domestic animals shall be entrusted for the purpose of feeding,
herding or pasturing shall have a lien upon such animals for the amount that may be due [
him
]
for such feeding, herding or pasturing, and is authorized to retain possession of such animals
until such amount is paid.
Section 65. Section 
38-2-2
 is amended to read:
38-2-2.
Liens of hotels and boardinghouse keepers.
Every innkeeper, hotel keeper, boardinghouse 
keeper,
 or lodginghouse keeper shall
have a lien on the baggage and other property in and about such inn belonging to or under
control of [
his
] guests or boarders for the proper charges due [
him
] for their accommodation,
board and lodging, for money paid for or advanced to them, and for such other extras as are
furnished at their request. The innkeeper, hotel keeper, boardinghouse 
keeper,
 or lodginghouse
keeper may detain such baggage and other property until the amount of such charge is paid, and
the baggage and other property shall not be exempt from attachment or execution until the
hotel or boardinghouse keeper's lien and the costs of enforcing it are satisfied.
Section 66. Section 
38-2-3.1
 is amended to read:
38-2-3.1.
Special lien on personal property for services rendered -- General lien
of dry cleaning establishments, laundries, and shoe repair shops.
Every person who, while lawfully in possession of an article of personal property,
renders any service to the owner or owners thereof, by labor or skill performed upon said
personal property at the request or order of said owner, has a special lien thereon, dependent on
possession, for the compensation, if any, which is due to [
him
] 
the person
 from the owner or
owners for such service; and every laundry proprietor, person conducting a laundry business,
dry cleaning establishment, proprietor and person conducting a dry cleaning establishment,
shoe repair establishment proprietor and person conducting a shoe repair establishment has a
general lien, dependent on possession, upon all personal property in [
his
] 
their
 hands belonging
to a customer, for the balance due [
him
] from such customer for laundry work, and for the
balance due [
him
] for dry cleaning work, and for the balance due [
him
] for shoe repair work;
but nothing in this section shall be construed to confer a lien in favor of a wholesale dry cleaner
on materials received from a dry cleaning establishment proprietor or a person conducting a dry
cleaning establishment. The terms "person" and "proprietor" as used in this section shall
include an individual, firm, partnership, association, corporation and company.
Section 67. Section 
38-2-5
 is amended to read:
38-2-5.
Action for deficiency.
Nothing in this chapter shall take away the right of action of the party to whom such
lien is given for [
his
] 
that party's
 charges, or for any residue thereof, after such sale of the
property.
Section 68. Section 
38-3-3
 is amended to read:
38-3-3.
Attachment in aid of lien.
Whenever any rent shall be due and unpaid under a lease, or the lessee shall be about to
remove [
his
] 
the lessee's
 property from the leased premises, the lessor may have the personal
property of the lessee which is upon the leased premises and subject to such lien attached
without other ground for such attachment.
Section 69. Section 
38-7-3
 is amended to read:
38-7-3.
Parties or insurance carrier making payment liable for satisfaction of lien
-- Enforcement of lien.
(1) Any person, firm or corporation, including an insurance carrier, making any
payment to a patient or to [
his
] 
the patient's
 attorney, heirs or legal representative as
compensation for the injuries and/or damages sustained, after the filing and, if applicable,
receipt of written notice of the lien, as aforesaid, and without paying the hospital asserting the
lien the amount of its lien or that portion of the lien which can be satisfied out of the money
due under any final judgment or contract of compromise or settlement, less payment of the
amount of any prior liens, shall be liable to the hospital for the amount that the hospital was
entitled to receive.
(2) Liability of the person, firm or corporation for the satisfaction of the hospital lien
shall continue for a period of one year from and after the date of any payment of any money to
the patient, [
his
] 
the patient's
 heirs or legal representatives as damages or under a contract of
compromise or settlement. Any hospital may enforce its lien by a suit at law against the person,
firm or corporation making the payment. In the event of a suit to enforce a lien the hospital may
recover a reasonable attorney's fee and the costs of filing and recording the lien.
Section 70. Section 
40-1-2
 is amended to read:
40-1-2.
Discovery monument -- Notice of location -- Contents.
The locator at the time of making the discovery of such vein or lode must erect a
monument at the place of discovery, and post thereon [
his
] 
the locator's
 notice of location
which shall contain:
(1) The name of the claim.
(2) The name of the locator or locators.
(3) The date of the location.
(4) If a lode claim, the number of linear feet claimed in length along the course of the
vein each way from the point of discovery, with the width claimed on each side of the center of
the vein, and the general course of the vein or lode as near as may be, and such a description of
the claim, located by reference to some natural object or permanent monument, as will identify
the claim.
(5) If a placer or mill site claim, the number of acres or superficial feet claimed, and
such a description of the claim or mill site, located by reference to some natural object or
permanent monument, as will identify the claim or mill site.
Section 71. Section 
40-1-12
 is amended to read:
40-1-12.
Damages for wrongful removal of ores.
When damages are claimed for the extraction or selling of ore from any mine or mining
claim and the defendant, or those under whom [
he
] 
the defendant
 claims, holds, under color of
title adverse to the claims of the plaintiff, in good faith, then the reasonable value of all labor
bestowed or expenses incurred in necessary developing, mining, transporting, concentrating,
selling or preparing said ore, or its mineral content, for market, must be allowed as an offset
against such damages; provided, however, that any person who, wrongfully entering upon any
mine or mining claim and carrying away ores therefrom, or wrongfully extracting and selling
ores from any mine, having knowledge of the existence of adverse claimants in any mine or
mining claim, and without notice to them, knowingly and willfully trespasses in or upon such
mine or mining claim and extracts or sells ore therefrom shall be liable to the owners of such
ore for three times the value thereof without any deductions either for labor bestowed or
expenses incurred in removing, transporting, selling or preparing said ore, or its mineral
content for market.
Section 72. Section 
41-4-2
 is amended to read:
41-4-2.
Threat to discontinue sales to retail seller prima facie evidence of
violation.
Any threat, expressed or implied, made directly or indirectly to any person engaged in
the business of selling motor vehicles at retail in this state by any person engaged, either
directly or indirectly, in the manufacture or distribution of motor vehicles, that such person will
discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract
to sell motor vehicles, whether patented or unpatented, to such person who is so engaged in the
business of selling motor vehicles at retail, unless such person finances the purchase or sale of
any one or number of motor vehicles only with or through a designated person or class of
persons or sells and assigns the conditional sales contracts, chattel mortgages or leases arising
from [
his
] 
the
 retail sales of motor vehicles or any one or number thereof only to a designated
person or class of persons shall be prima facie evidence of the fact that such person so engaged
in the manufacture or distribution of motor vehicles has sold or intends to sell the same on the
condition or with the agreement or understanding prohibited in Section 
41-4-1
.
Section 73. Section 
41-4-3
 is amended to read:
41-4-3.
Threat to discontinue sales to person engaged in business of financing
who is affiliated with manufacturer or distributor.
Any threat, expressed or implied, made directly or indirectly, to any person engaged in
the business of selling motor vehicles at retail in this state by any person, or any agent of any
such person, who is engaged in the business of financing the purchase or sale of motor vehicles
or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this
state and is affiliated with or controlled by any person engaged, directly or indirectly, in the
manufacture or distribution of motor vehicles, that such person so engaged in such manufacture
or distribution shall terminate [
his
] 
a
 contract with or cease to sell motor vehicles to such
person engaged in the sale of motor vehicles at retail in this state unless such person finances
the purchase or sale of any one or number of motor vehicles only or through a designated
person or class of persons or sells and assigns the conditional sales contracts, chattel
mortgages, or leases arising from [
his
] 
the
 retail sale of motor vehicles or any one or any
number thereof only to such person so engaged in financing the purchase or sale of motor
vehicles or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles,
shall be presumed to be made at the direction of and with the authority of such person so
engaged in such manufacture or distribution of motor vehicles, and shall be prima facie
evidence of the fact that such person so engaged in the manufacture or distribution of motor
vehicles has sold or intends to sell the same on the condition or with the agreement or
understanding prohibited in Section 
41-4-1
.
Section 74. Section 
41-4-12
 is amended to read:
41-4-12.
Actions for damages.
In addition to the criminal and civil penalties herein provided, any person who is
injured in [
his
] 
the person's
 business or property by any other person or corporation or
association or partnership, by reason of anything forbidden or declared to be unlawful by this
act, may sue therefor in any court having jurisdiction thereof in the county where the defendant
resides or is found, or any agent resides or is found, or where service may be obtained, without
respect to the amount in controversy, and to recover twofold the damages [
by him
] sustained,
and the costs of suit. Whenever it shall appear to the court before which any proceeding under
this act is pending, that the ends of justice require that other parties shall be brought before the
court, the court may cause them to be made parties defendant and summoned, whether they
reside in the county where such action is pending, or not.
Section 75. Section 
41-19-1
 is amended to read:
41-19-1.
Powers and duties of governor.
The governor, in addition to other duties and responsibilities conferred upon [
him
] 
the
governor
 by the Constitution and laws of the state of Utah is hereby empowered to contract and
to do all other things necessary in behalf of the state to secure the full benefits available to this
state under the federal Highway Safety Act of 1966, and any amendments thereto, and in so
doing, to cooperate with the federal and state agencies, agencies private and public, interested
organizations, and with individuals, to effectuate the purposes of that enactment, and any and
all subsequent amendments thereto. The governor shall be the official having the ultimate
responsibility for dealing with the United States Government with respect to programs and
activities pursuant to the federal Highway Safety Act of 1966, and any amendments thereto. To
that end [
he
] 
the governor
 shall be responsible for activities of any and all departments and
agencies of this state and its subdivisions, relating thereto. [
He
] 
The governor
 may designate an
appropriate person, commission or board to assist [
him
] 
the governor
 in coordinating the
activities and programs contemplated under this section.
Section 76. Section 
42-1-1
 is amended to read:
42-1-1.
By petition to district court -- Contents.
Any natural person, desiring to change [
his
] 
the natural person's
 name, may file a
petition therefor in the district court of the county where [
he
] 
the natural person
 resides, setting
forth:
(1) The cause for which the change of name is sought.
(2) The name proposed.
(3) That [
he
] 
the natural person
 has been a bona fide resident of the county for the year
immediately prior to the filing of the petition.
Section 77. Section 
43-1-2
 is amended to read:
43-1-2.
Transfer -- By delivery -- By endorsement -- Rights of transferee.
Title to any security receipt, or equipment trust certificate, which by its terms entitles
the bearer to the benefits thereof, may be transferred by delivery by any person in possession of
the same, howsoever such possession may have been acquired.
Title to any security receipt, or equipment trust certificate, which by its terms entitles
the person named therein to the benefits thereof, and which provides in substance that title
thereto is transferable with the same effect as in the case of a negotiable instrument, may be
transferred by delivery by any person in possession of the same, howsoever such possession
may have been acquired, if endorsed in blank or, if it is endorsed to a specified person, by
delivery by such other person.
A person to whom title is so transferred, who takes any such instrument for present or
antecedent value, without notice of prior defenses, equities or claims of ownership enforceable
against the transferor, shall have absolute title thereto free of any defenses enforceable against,
or claims of ownership of, the signer or any prior holder. The holder of any such security
receipt, or equipment trust certificate, unless the same has been endorsed in blank by such
specified person, shall be deemed prima facie to have title thereto as aforesaid; but when it is
shown that the title of any person who has negotiated such instrument is defective, the burden
is on the holder to prove that [
he
] 
the holder
, or some person under whom [
he
] 
the holder
claims, acquired title as a holder for value and without notice as aforesaid.
The provisions of this section shall not be applicable to the transfer of any security
receipt, or equipment trust certificate, when it is shown that such transfer was made after the
date fixed therein for performance by the signer of [
his
] 
the signer's
 obligations thereunder, or,
if no date is so fixed, after the expiration of a reasonable time after the happening of the
contingency upon which the signer became obligated to perform.
Section 78. Section 
47-1-2
 is amended to read:
47-1-2.
Injunction -- Notice to owner of premises.
Whenever a nuisance as defined in this chapter is kept or maintained, or exists, the
county attorney or any citizen of the county may maintain an action in equity in the name of the
state of Utah, upon the relation of such county attorney or citizen, to perpetually enjoin such
nuisance, the person or persons conducting or maintaining the same and the owner or agent of
the building or ground upon which it exists; provided, that when the owner or agent is not in
the actual possession of the premises [
he
] 
the owner or agent
 shall have, before an action is
brought under this chapter against [
him
] 
the owner or agent
 or affecting [
his
] 
the owner's or
agent's
 real estate, notice in writing of the existence and nature of the nuisance, and [
he
] 
the
owner or agent
 shall have a reasonable time after service of such notice in which to abate the
nuisance. In such action the court, or a judge thereof, shall upon the presentation of a complaint
therefor alleging that the nuisance complained of exists, allow a temporary writ of injunction
without bond, if it shall be made to appear to the satisfaction of the court or judge that such
nuisance exists, by evidence in the form of affidavits, depositions, oral testimony or otherwise,
as the complainant may elect, unless the court or judge, by previous order, shall have directed
the form and manner in which it shall be presented. Three days' notice in writing shall be given
the defendant of the hearing of the application, and if then continued at [
his
] 
the defendant's
instance, the writ as prayed for shall be granted as a matter of course. When an injunction has
been granted it shall be binding on the defendant throughout the judicial district in which it was
issued, and any violation of the provisions of the injunction herein provided for shall be a
contempt as hereinafter provided.
Section 79. Section 
47-1-3
 is amended to read:
47-1-3.
Evidence -- Dismissal of action -- Costs.
In such action evidence of the general reputation of the place shall be admissible for the
purpose of proving the existence of the nuisance. If the complaint is filed by a citizen, it shall
not be dismissed except upon a sworn statement made by the relator and [
his
] 
the relator's
attorney setting forth the reasons why the action should be dismissed, and the dismissal
approved by the county attorney in writing or in open court. If the court is of the opinion that
the action ought not to be dismissed, it may direct the county attorney to prosecute the action to
judgment, and, if the action is continued for more than one term of court, any citizen of the
county or the county attorney may be substituted for the relator and prosecute the action to
judgment. If the action is brought by a citizen and the court finds there was no reasonable
ground or cause therefor, the costs may be taxed to such citizen.
Section 80. Section 
47-1-7
 is amended to read:
47-1-7.
Bond to secure abatement -- Procedure.
If the owner appears and pays all costs of the proceeding and files a bond, with sureties
to be approved by the clerk, in the full value of the property, to be ascertained by the court, or
in vacation by the clerk, auditor and treasurer of the county, conditioned that [
he
] 
the owner
will immediately abate the nuisance and prevent the same from being established or kept
therein within a period of one year thereafter, the court or the judge may, if satisfied of [
his
] 
the
owner's
 good faith, order the premises that have been closed under the order of abatement to be
delivered to the owner, and the order of abatement may be canceled so far as the same may
relate to said property; and, if the proceeding is an action in equity and such bond is given and
costs therein paid before judgment and order of abatement, the action shall be thereby abated as
to the building only. The release of the property under the provisions of this section shall not
release it from any judgment, lien, penalty or liability to which it may be subject by law.
Section 81. Section 
52-1-8
 is amended to read:
52-1-8.
Official bonds -- Actions on -- Parties.
When a public officer by official misconduct or neglect of duty shall forfeit [
his
] 
the
officer's
 official bond or render [
his
] 
the officer's
 sureties liable thereon, any person injured by
such misconduct or neglect, or who is by law entitled to the benefit of the security, may
maintain an action thereon in [
his
] 
the injured party's
 own name against the officer and [
his
] 
the
officer's
 sureties to recover the amount to which [
he
] 
the injured party
 may by reason thereof be
entitled.
Section 82. Section 
52-1-11
 is amended to read:
52-1-11.
Bonds to cover special penalties and liabilities.
Whenever, except in criminal prosecutions, any special penalty, forfeiture or liability is
imposed upon any officer for nonperformance or malperformance of [
his
] 
the officer's
 official
duties, the liability therefor attaches to the official bond of such officer.
Section 83. Section 
54-4-20
 is amended to read:
54-4-20.
Consumer may have meter tested upon paying fee.
Any consumer or user of any product, commodity or service of a public utility may
have any appliance used in the measurement thereof tested, upon paying the fees fixed by the
commission. The commission shall establish and fix reasonable fees to be paid for testing such
appliances on the request of the consumer or user; the fee to be paid by the consumer or user at
the time of [
his
] 
the consumer's or user's
 request, but to be paid by the public utility and repaid
to the consumer or user under such rules and regulations as may be prescribed by the
commission, if the appliance is found defective or incorrect to the disadvantage of the
consumer or user.
Section 84. Section 
54-7-7
 is amended to read:
54-7-7.
Books and records of utilities subject to inspection.
The commission, each commissioner and each officer and person employed by the
commission shall have the right at any and all times to inspect the accounts, books, papers and
documents of any public utility, and the commission, each commissioner and any officer of the
commission or any employee authorized to administer oaths shall have power to examine under
oath any officer, agent or employee of any public utility in relation to the business and affairs
of said public utility; provided, that any person other than a commissioner or an officer of the
commission demanding such inspection shall produce under the hand and seal of the
commission [
his
] 
that person's
 authority to make such inspection; and provided further, that
written record of the testimony or statement so given under oath shall be made and filed with
the commission.
Section 85. Section 
54-8-12
 is amended to read:
54-8-12.
Property owners failing to appear at hearings -- Waiver of rights.
Every person who has real property within the boundaries of the district and who fails
to appear before the governing body at the hearing and make any objection [
he
] 
the property
owner
 may have to the creation of the district, the making of the improvements and the
inclusion of [
his
] 
the owner's
 real property in the district, shall be deemed to have waived every
such objection. Such waiver shall not, however, preclude [
his
] 
the property owner's
 right to
object to the amount of the assessment at the hearing for which provision is made in Section
54-8-17
.
Section 86. Section 
56-1-19
 is amended to read:
56-1-19.
Right to eject passenger.
If any passenger refuses to pay [
his
] 
the
 fare or exhibit or surrender [
his
] 
a
 ticket when
requested so to do, or if [
he
] 
the passenger
 behaves in a disorderly manner, the conductor and
employees of a railroad company may, on stopping the train, put [
him
] 
the passenger
 and [
his
]
the passenger's
 baggage out of the cars, using no unnecessary force, at any usual stopping place
or in sight of a dwelling.
Section 87. Section 
56-1-20
 is amended to read:
56-1-20.
Operating employees to wear insignia.
Every conductor, baggage master, engineer, brakeman or other employee of a railroad
company, employed in a passenger train or at the stations for passengers, shall wear upon [
his
]
the employee's
 hat or cap or in some conspicuous place on the breast of [
his
] 
the employee's
coat a badge indicating [
his
] 
the employee's
 office or station, and, by its initial letters, the name
of the company by which [
he
] 
the employee
 is employed; and no collector or conductor without
such badge shall demand or be entitled to receive from any passenger any fare or ticket or
exercise any of the powers of [
his
] 
the collector's or conductor's
 office or station or interfere
with any passenger or [
his
] 
the passenger's
 property.
Section 88. Section 
57-1-4
 is amended to read:
57-1-4.
Attempted conveyance of more than grantor owns -- Effect.
A conveyance made by an owner of an estate for life or years, purporting to convey a
greater estate than [
he
] 
the owner
 could lawfully transfer, does not work a forfeiture of [
his
] 
the
estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
Section 89. Section 
57-1-11
 is amended to read:
57-1-11.
Claimant out of possession may convey.
Any person claiming title to any real estate may, notwithstanding there may be an
adverse possession thereof, sell and convey [
his
] 
the claimant's
 interest therein in the same
manner and with the same effect as if [
he
] 
the claimant
 were in the actual possession thereof.
Section 90. Section 
57-2-12
 is amended to read:
57-2-12.
Certificate of proof by subscribing witness.
No certificate of such proof shall be made unless such subscribing witness shall prove
that the person whose name is subscribed thereto as a party is the person described in, and who
executed, the same; that such person executed the conveyance, and that such person
[
subscribed his name
] 
signed
 thereto as a witness thereof at the request of the maker of such
instrument.
Section 91. Section 
57-2-15
 is amended to read:
57-2-15.
Evidence required for certificate of proof.
No certificate of any such proof shall be made unless a competent and credible witness
shall state on oath or affirmation that [
he
] 
the competent and credible witness
 personally knew
the person whose name is subscribed thereto as a party, well knows [
his
] 
the subscribing party's
signature, stating [
his
] 
the competent and credible witness's
 means of knowledge, and believes
the name of the party subscribed thereto as a party was subscribed by such person; nor unless a
competent and credible witness shall in like manner state that [
he
] 
the competent and credible
witness
 personally knew the person whose name is subscribed to such conveyance as a witness,
well knows [
his
] 
the subscribing witness's
 signature, stating [
his
] 
the competent and credible
witness's
 means of knowledge, and believes the name subscribed thereto as a witness was
thereto subscribed by such person.
Section 92. Section 
57-2-16
 is amended to read:
57-2-16.
Subpoena to subscribing witness.
Upon the application of any grantee in any conveyance required by law to be recorded,
or of any person claiming under such grantee, verified under the oath of the applicant, that any
witness to such conveyance residing in the county where such application is made refuses to
appear and testify touching the execution thereof, and that such conveyance cannot be proved
without [
his
] 
the subscribing witness's
 evidence, any officer authorized to take the
acknowledgment or proof of such conveyance may issue a subpoena requiring such witness to
appear before such officer and testify touching the execution thereof.
Section 93. Section 
57-2-17
 is amended to read:
57-2-17.
Disobedience of subpoenaed witness -- Contempt -- Proof aliunde.
Every person who, being served with a subpoena, shall without reasonable cause refuse
or neglect to appear, or, appearing, shall refuse to answer upon oath touching the matters
aforesaid, shall be liable to the party injured for such damages as may be sustained by [
him
] 
the
injured party
 on account of such neglect or refusal, and may also be dealt with for contempt as
provided by law; but no person shall be required to attend who resides out of the county in
which the proof is to be taken, nor unless [
his
] 
the subscribing witness's
 reasonable expenses
shall have first been tendered to [
him
] 
the subscribing witness
; provided, that if it shall appear
to the satisfaction of the officer so authorized to take such acknowledgment that such
subscribing witness purposely [
conceals himself
] 
hides
, or keeps out of the way, so that [
he
]
the subscribing witness
 cannot be served with a subpoena or taken on attachment after the use
of due diligence to that end, or in case of [
his
] 
the subscribing witness's
 continued failure or
refusal to testify for the space of one hour after [
his
] 
the subscribing witness's
 appearance shall
have been compelled by process, then said conveyance or other instrument may be proved and
admitted to record in the same manner as if such subscribing witness thereto were dead.
Section 94. Section 
57-6-2
 is amended to read:
57-6-2.
Claimant to commence action -- Complaint -- Trial of issues.
Such complaint must set forth the grounds on which the defendant seeks relief, stating
as accurately as practicable the value of the real estate, exclusive of the improvements thereon
made by the claimant or [
his
] 
the claimant's
 grantors, and the value of such improvements. The
issues joined thereon must be tried as in law actions, and the value of the real estate and of such
improvements must be separately ascertained on the trial.
Section 95. Section 
57-6-3
 is amended to read:
57-6-3.
Rights of parties -- Acquiring other's interest or holding as tenants in
common.
The plaintiff in the main action may thereupon pay the appraised value of the
improvements and take the property, but should [
he
] 
the plaintiff
 fail to do so after a reasonable
time, to be fixed by the court, the defendant may take the property upon paying its value,
exclusive of the improvements. If this is not done within a reasonable time, to be fixed by the
court, the parties will be held to be tenants in common of all the real estate, including the
improvements, each holding an interest proportionate to the values ascertained on the trial.
Section 96. Section 
57-6-7
 is amended to read:
57-6-7.
When execution on judgment of possession may issue.
The plaintiff in the main action is entitled to an execution to put [
him
] 
the plaintiff
 in
possession of [
his
] 
the plaintiff's
 property in accordance with the provisions of this chapter, but
not otherwise.
Section 97. Section 
57-6-8
 is amended to read:
57-6-8.
Improvements made by occupants of land granted to state.
Any person having improvements on any real estate granted to the state in aid of any
work of internal improvement, whose title thereto is questioned by another, may remove such
improvements without injury otherwise to such real estate, at any time before [
he
] 
the person
 is
evicted therefrom, or [
he
] 
the person
 may claim and have the benefit of this chapter by
proceeding as herein directed.
Section 98. Section 
57-8-19
 is amended to read:
57-8-19.
Liens against units -- Removal from lien -- Effect of part payment.
(1) Subsequent to recording the declaration as provided in this act, and while the
property remains subject to this act, no lien shall thereafter arise or be effective against the
property. During such period liens or encumbrances shall arise or be created only against each
unit and the percentage of undivided interest in the common areas and facilities appurtenant to
such unit in the same manner and under the same conditions in every respect as liens or
encumbrances may arise or be created upon or against any other separate parcel of real property
subject to individual ownership; provided that no labor performed or materials furnished with
the consent or at the request of a unit owner or [
his
] 
the unit owner's
 agent or [
his
] 
the unit
owner's
 contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien
law against the unit of any other unit owner not expressly consenting to or requesting the same,
except that such express consent shall be deemed to be given by the owner of any unit in the
case of emergency repairs. Labor performed or materials furnished for the common areas and
facilities, if authorized by the unit owners, the manager or management committee in
accordance with this act, the declaration or bylaws or the house rules, shall be deemed to be
performed or furnished with the express consent of each unit owner and shall be the basis for
the filing of a lien pursuant to the lien law against each of the units.
(2) In the event a lien against two or more units becomes effective, the unit owners of
the separate units may remove their units and the percentage of undivided interest in the
common areas and facilities appurtenant to such units from the lien by payment of the
fractional or proportional amount attributable to each of the units affected. Such individual
payment shall be computed by reference to the percentages appearing in the declaration.
Subsequent to any payment, discharge or other satisfaction, the unit and the percentage of
undivided interest in the common areas and facilities appurtenant thereto shall be free and clear
of the lien so paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not
prevent the lienor from proceeding to enforce [
his
] 
the lienor's
 rights against any unit and the
percentage of undivided interest in the common areas and facilities appurtenant thereto not so
paid, satisfied or discharged.
Section 99. Section 
57-8-25
 is amended to read:
57-8-25.
Joint and several liability of grantor and grantee for unpaid common
expenses.
In a voluntary conveyance, the grantee of a unit shall be jointly and severally liable with
the grantor for all unpaid assessments against the latter for [
his
] 
the grantor's
 share of the
common expenses up to the time of the grant or conveyance, without prejudice to the grantee's
rights to recover from the grantor the amounts paid by the grantee. However, any such grantee
shall be entitled to a statement from the manager or management committee setting forth the
amounts of the unpaid assessments against the grantor, and such grantee shall not be liable for,
nor shall the unit conveyed be subject to a lien for, any unpaid assessments against the grantor
in excess of the amount set forth.
Section 100. Section 
57-8-26
 is amended to read:
57-8-26.
Waiver of use of common areas and facilities -- Abandonment of unit.
No unit owner may 
be
 exempt [
himself
] from liability for [
his
] 
the unit owner's
contribution towards the common expenses by waiver of the use or enjoyment of any of the
common areas and facilities or by abandonment of [
his
] 
the owner's
 unit.
Section 101. Section 
57-9-4
 is amended to read:
57-9-4.
Filing of notice of claim of interest authorized -- Effect of possession of
land by record owner of possessory interest.
(1) Any person claiming an interest in land may preserve and keep effective such
interest by filing for record during the forty-year period immediately following the effective
date of the root of title of the person whose record title would otherwise be marketable, a notice
in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of
knowledge of any kind on the part of anyone shall suspend the running of the forty-year period.
The notice may be filed for record by the claimant or by any other person acting in behalf of
any claimant who is
:
(a) under a disability[
,
]
;
(b) unable to assert a claim on [
his own
] 
the claimant's own
 behalf[
,
]
;
 or
(c) one of a class, but whose identity cannot be established or is uncertain at the time of
filing the notice of claim for record.
(2) If the same record owner of any possessory interest in land has been in possession
of such land continuously for a period of 40 years or more, during which period no title
transaction with respect to such interest appears of record in [
his
] 
the record owner's
 chain of
title, and no notice has been filed by [
him
] 
the record owner
 or on [
his
] 
the record owner's
behalf as provided in Subsection (1), and such possession continues to the time when
marketability is being determined, such period of possession shall be deemed equivalent to the
filing of the notice immediately preceding the termination of the forty-year period described in
Subsection (1).
Section 102. Section 
57-9-8
 is amended to read:
57-9-8.
Definitions.
As used in this act:
(1) The words "marketable record title" mean a title of record as indicated in Section
57-9-1
, which operates to extinguish such interests and claims, existing prior to the effective
date of the root of title, as are stated in Section 
57-9-3
.
(2) The word "records" includes probate and other official public records, as well as
records in the registry of deeds.
(3) The word "recording," when applied to the official public records of a probate or
other court, includes filing.
(4) The words "person dealing with land" include a purchaser of any estate or interest
therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other
person seeking to acquire an estate or interest therein, or impose a lien thereon.
(5) The words "root of title" mean that conveyance or other title transaction in the
chain of title of a person, purporting to create the interest claimed by such person, upon which
[
he
] 
such person
 relies as a basis for the marketability of [
his
] 
that person's
 title, and which was
the most recent to be recorded as of a date 40 years prior to the time when marketability is
being determined. The effective date of the "root of title" is the date on which it is recorded.
(6) The words "title transaction" mean any transaction affecting title to any interest in
land, including title by will or descent, title by tax deed, or by trustee's, referee's, guardian's,
executor's, administrator's, master in chancery's, or sheriff's deed, or decree of any court, as
well as warranty deed, quitclaim deed, or mortgage.
Section 103. Section 
67-1-4
 is amended to read:
67-1-4.
Records to be kept.
The governor must cause to be kept the following records:
(1) An account of all [
his
] 
the governor's
 official expenses and disbursements,
including the incidental expenses of [
his
] 
the governor's
 department, and an account of all
rewards offered by [
him
] 
the governor
 for the apprehension of criminals and persons charged
with crime.
(2) A register of all appointments made by [
him
] 
the governor
, with dates of
commissions and names of appointees and predecessors.
Section 104. Section 
67-1-6
 is amended to read:
67-1-6.
Acting governor -- Powers and duties.
Every provision of law relating to the powers and duties of the governor, and relating to
acts and duties to be performed by others toward [
him
] 
the governor
, extends to the person
performing, for the time being, the duties of governor.
Section 105. Section 
67-3-2
 is amended to read:
67-3-2.
Right to compel accounting by, and state accounts with, all collectors of
state money -- Escheats.
Whenever any person has received money, or has money or other personal property
which belongs to the state by escheat or otherwise, or has been entrusted with the collection,
management or disbursement of any money, bonds, or interest accruing thereon, belonging to
or held in trust by the state, and fails to render an account thereof to and make settlement with
the state auditor within the time prescribed by law, or, when no particular time is specified,
fails to render such account and make settlement, or who fails to pay into the state treasury any
money belonging to the state, upon being required so to do by the state auditor, within 20 days
after such requisition, the state auditor must state an account with such person, charging 25%
damages, and interest at the rate of 10% per annum from the time of failure; a copy of such
account in any suit thereon shall be prima facie evidence of the things therein stated. In case the
state auditor cannot, for want of information, state such an account, [
he
] 
the state auditor
 may
in any action brought by [
him
] 
the state auditor
 aver the fact, and allege generally the amount
of money or other property which is due to or which belongs to the state.
Section 106. Section 
67-4-15
 is amended to read:
67-4-15.
Insurance protection for funds, warrants and securities.
The state treasurer shall procure such insurance protecting the funds, warrants and
securities in [
his
] 
the state treasurer's
 custody against loss from such causes and in such
amounts as the Commission of Finance may from time to time determine. The cost of such
insurance shall be paid out of the fund for the protection of which it is carried.
Section 107. Section 
67-9-2
 is amended to read:
67-9-2.
Official bonds.
Where a deputy of any state officer is required to give a bond to the state [
he
]
, the
deputy
 shall give a surety-company bond, and the premium therefor shall be paid by the state.
Section 108. Section 
67-16-9
 is amended to read:
67-16-9.
Conflict of interests prohibited.
No public officer or public employee shall have personal investments in any business
entity which will create a substantial conflict between [
his
] 
the public officer's or public
employee's
 private interests and [
his
] 
the public officer's or public employee's
 public duties.
Section 109. Section 
69-1-4
 is amended to read:
69-1-4.
Transmitting certified instruments -- Burden of proof.
Except as hereinbefore otherwise provided, any instrument in writing[
,
] 
that is
 duly
certified under [
his hand and official seal by a notary public,
] 
the hand of the
 commissioner of
deeds or clerk of a court of record to be genuine to the personal knowledge of such officer 
and
that is certified under official seal by a notary public
, may, together with such certificate, be
sent by telegraph or telephone. The telegraphic or telephonic copy thereof shall, prima facie
only, have the same force, effect and validity in all respects as the original, and the burden of
proof shall be on the party denying the genuineness or due execution of the original.
Section 110. Section 
73-1-9
 is amended to read:
73-1-9.
Contribution between joint owners of ditch or reservoir.
When two or more persons are associated in the use of any dam, canal, reservoir, ditch,
lateral, flume or other means for conserving or conveying water for the irrigation of land or for
other purposes, each of them shall be liable to the other for the reasonable expenses of
maintaining, operating and controlling the same, in proportion to the share in the use or
ownership of the water to which [
he
] 
the user or owner
 is entitled.
Section 111. Section 
73-1-12
 is amended to read:
73-1-12.
Failure to record -- Effect.
Every deed of a water right which shall not be recorded as provided in this title shall be
void as against any subsequent purchaser, in good faith and for a valuable consideration, of the
same water right, or any portion thereof, where [
his own
] 
the water right owner's
 deed shall be
first duly recorded.
Section 112. Section 
73-2-1.2
 is amended to read:
73-2-1.2.
Director of Division of Water Rights -- Appointment of state engineer.
The Division of Water Rights shall be administered by the state engineer who shall act
as the director of the Division of Water Rights and who shall be appointed as provided by
Section 
73-2-1
. Nothing contained in this act shall modify, repeal or impair the powers or
duties of the state engineer relating to the administration, appropriation, adjudication and
distribution of the waters of the state of Utah as are conferred upon [
him
] 
the state engineer
pursuant to Title 73, Water and Irrigation, or the provisions of any other laws.
Section 113. Section 
73-2-1.3
 is amended to read:
73-2-1.3.
Report to executive director of natural resources.
The state engineer shall report to the executive director of natural resources at such
times and on such administrative matters concerning [
his
] 
the state engineer's
 office as the
executive director may require.
Section 114. Section 
73-2-11
 is amended to read:
73-2-11.
Records -- Certified copies -- Evidence.
[
He
] 
The state engineer
 shall keep on file in [
his
] 
the state engineer's
 office full and
proper records of [
his
] 
the state engineer's
 work, including all field notes, computations and
facts made or collected by [
him
] 
the state engineer
, all of which shall be part of the records of
[
his
] 
the state engineer's
 office and the property of the state. All records, maps and papers
recorded or filed in the office of the state engineer shall be open to the public during business
hours. The office of the state engineer is hereby declared to be an office of public record, and
none of the files, records or documents shall be removed therefrom, except in the custody of
the state engineer or one of [
his
] 
the state engineer's
 deputies. Certified copies of any record or
document shall be furnished by the state engineer on demand, upon payment of the reasonable
cost of making the same, together with the legal fee for certification. Such copies shall be
competent evidence, and shall have the same force and effect as the originals.
Section 115. Section 
73-3-11
 is amended to read:
73-3-11.
Statement of financial ability of applicants.
Before either approving or rejecting an application the state engineer may require such
additional information as will enable [
him
] 
the state engineer
 properly to guard the public
interests, and may require a statement of the following facts: In case of an incorporated
company, [
he
] 
the state engineer
 may require the submission of the articles of incorporation,
the names and places of residence of its directors and officers, and the amount of its authorized
and its paid-up capital. If the applicant is not a corporation, [
he
] 
the state engineer
 may require
a showing as to the names of the persons proposing to make the appropriation and a showing of
facts necessary to enable [
him
] 
the state engineer
 to determine whether or not they are qualified
appropriators and have the financial ability to carry out the proposed work, and whether or not
the application has been made in good faith.
Section 116. Section 
73-3-19
 is amended to read:
73-3-19.
Right of entry on private property -- By applicant -- Bond -- Priority.
Whenever any applicant for the use of water from any stream or water source must
necessarily enter upon private property in order to make a survey to secure the required
information for making a water filing and is refused by the owner or possessor of such property
such right of entry, [
he
] 
the applicant
 may petition the district court for an order granting such
right, and after notice and hearing, such court may grant such permission, on security being
given to pay all damage caused thereby to the owner of such property. In such case the priority
of such application shall date from the filing of such petition with the district court as
aforesaid.
Section 117. Section 
73-4-2
 is amended to read:
73-4-2.
Interstate streams.
For the purpose of co-operating with the state engineers of adjoining states in the
determination and administration of rights to interstate waters and for such other purposes as
[
he
] 
the state engineer
 may deem expedient, the state engineer, with the approval of the
executive director and the governor, is authorized to initiate and to join in suits for the
adjudication of such rights in the federal courts and in the courts of other states without
requiring a petition of water users as provided by Section 
73-4-1
. The state engineer, with the
approval of the executive director and the governor, may also commence, prosecute and defend
suits to adjudicate interstate waters on behalf of this state or its citizens in the courts of other
states, in federal courts, and in the Supreme Court of the United States.
Section 118. Section 
73-4-23
 is amended to read:
73-4-23.
Effective date of amendatory act -- Application to pending suits -- State
engineer's certificate.
This act shall be effective 60 days from its enactment and shall apply to all suits now
pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953,
except those proceedings under which the state engineer has by the effective date hereof
completed [
his
] 
the state engineer's
 survey, and it is expressly provided that those actions
where the state engineer has by the effective date of this act completed [
his
] 
the state engineer's
survey may proceed to completion under the procedure prescribed by the statutes heretofore
existing. The state engineer shall within 10 days after the effective date of this act file with the
clerk of the court in each action then pending under Title 73, Chapter 4, Determination of
Water Rights, Utah Code Annotated 1953, a certificate under the seal of [
his
] 
the state
engineer's
 office stating whether or not [
he
] 
the state engineer
 has completed the survey so that
all persons will have notice and can know whether or not this act is applicable to such existing
suit.
Section 119. 
Effective date.
This bill takes effect on May 1, 2024.