Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 79 (2025GS)

Sponsor

Sen. Kwan, Karen

Final action

Governor Signed 3/25/2025

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;
• includes a coordination clause to address conflicts with any other legislation; and
• makes other technical and conforming changes.

Every vote on this bill

Bill text

441
7-1-208.2
7-1-302
7-1-308
7-1-310
7-1-312
7-1-313
7-1-314
7-1-315
7-1-316
7-1-319
7-1-320
7-1-510
7-1-601
7-1-604
7-1-610
7-1-613
7-1-803
7-2-3
7-2-4
7-2-8
7-2-11
7-2-13
7-2-14
7-2-15
7-2-16
7-2-18
7-2-19
7-3-3.2
7-3-35
7-5-3
7-5-12
7-9-18
7-9-31
7-9-49
7-9-50
7-17-5
7-19-3
7-19-5
7-19-9
8-2-2
9-8-804
9-8-806
9-9-203
10-3-202
10-3-705
10-3-829
10-3-904
10-3-906
10-3-915
10-8-50
11-3-4
11-30-6
13-1-5
13-7-4
13-11-9
13-11-16
13-14a-5
13-20-4
13-21-4
13-28-7
15-8-11
16-7-2
16-10a-129
16-10a-824
16-10a-841
16-10a-853
16-10a-902
16-10a-903
16-10a-908
16-10a-1302
16-10a-1327
16-10a-1328
16-10a-1408
16-10a-1602
16-10a-1603
16-10a-1605
16-10a-1606
16-10a-1608
19-1-302
19-6-304
19-6-309
19-6-312
19-6-314
19-6-315
19-6-317
19-6-422
19-8-110
31A-2-105
31A-2-106
31A-2-111
31A-2-112
31A-2-311
31A-5-103
31A-5-206
31A-5-209
31A-5-213
31A-5-216
31A-5-303
31A-5-304
31A-5-307
31A-5-408
31A-5-507
31A-5-509
31A-5-601
31A-7-303
31A-7-403
31A-9-103
31A-11-106
31A-11-108
31A-11-110
31A-11-112
31A-14-202
31A-14-216
31A-15-107
31A-21-310
31A-22-105
31A-22-308
31A-22-311
31A-22-312
31A-22-401
31A-22-512
31A-22-514
31A-22-1005
31A-22-1007
31A-22-1102
31A-22-1305
31A-25-201
31A-26-211
31A-26-212
31A-28-217
34-23-303
34-26-1
34-38-4
34-38-7
34-39-2
34-39-3
34-40-205
34A-2-207
35A-4-102
35A-4-105
35A-4-207
35A-4-402
35A-4-406
36-19-1
38-2-4
38-3-5
38-7-2
38-10-102.1
38-10-108
38-10-109
40-1-6
40-8-19
40-8-23
40-10-5
40-10-19
40-10-20
40-10-29
41-1a-224
41-1a-607
41-1a-608
41-1a-708
41-1a-801
41-1a-1301
41-1a-1313
41-1a-1316
41-1a-1317
41-3-207
41-3-208
41-3-505
41-3-506
41-3-508
41-3-803
41-12a-104
41-12a-411
41-12a-503
41-12a-506
41-12a-507
41-12a-509
41-12a-511
41-12a-604
42-3-1
45-2-2
45-2-7
47-1-5
47-2-6
51-7-9
51-7-18.1
53-7-211
53-7-212
53-7-213
53-7-214
53-9-112
53-9-116
53-10-206
53-10-207
53-11-107
53-11-108
53-11-111
53-11-116
53-11-122
53-11-123
53-13-113
53B-13-102
53B-13-110
53B-13-114
53C-1-301
53C-2-412
53C-5-101
54-7-3
54-7-25
56-1-21.5
57-1-14
57-1-19
57-1-37
57-2-13
57-2a-2
57-2a-3
57-3-102
57-4a-4
57-8-6
57-8-8
57-8-13.14
57-8-32.5
57-12-6
57-12-7
57-19-17
57-19-18
57-19-23
57-22-3
58-1-105
58-3a-603
58-16a-201
58-16a-701
58-22-603
58-31b-801
58-37-15
58-41-16
58-49-7
58-50-5
58-55-601
58-55-603
58-67-802
58-69-804
59-1-701
59-1-707
59-1-1002
59-1-1004
59-2-326
59-10-512
59-12-112
59-18-104
59-18-105
59-18-108
63B-2-117
63B-2-217
63B-3-117
63B-3-217
63B-4-117
63B-5-117
63B-6-117
63B-6-217
63B-6-302
63B-6-417
63B-7-117
63B-7-217
63B-7-302
63B-7-417
63B-8-117
63B-8-217
63B-8-302
63B-8-417
64-13-15
64-13-32
64-13d-106
65A-6-11
67-1-1
67-5-5
67-9-1
67-16-2
70C-2-207
70C-5-101
70C-5-103
70C-5-104
70C-5-105
70C-6-104
70C-6-106
70C-6-304
70C-7-104
70C-7-201
72-2-104
72-5-107
72-9-303
72-9-703
73-2-10
73-2-12
73-2-13
73-2-23.1
73-3-5.5
73-3a-108
73-3b-303
73-5a-203
73-5a-301
73-5a-302
73-5a-303
73-5a-402
73-5a-601
73-18-7.1
73-18-10
73-18-20.3
73-18-20.5
73-18-20.7
76-1-304
76-1-402
76-2-201
76-2-204
76-2-205
76-2-301
76-2-302
76-2-303
76-2-304
76-2-307
76-2-403
76-3-303
76-3-405
76-3-409
76-7-202
76-7-303
76-7-308
77-1-6
77-2-4
77-2-4.5
77-2-6
77-2-8
77-3-2
77-3-4
77-3-5
77-3-8
77-3-10
77-5-2
77-5-8
77-6-5
77-6-6
77-6-8
77-6-9
77-7-1
77-7-3
77-7-9
77-7-10
77-7-11
77-7-14
77-7-16
77-7-17
77-8-2
77-8-4
77-8a-1
77-9-1
77-9-2
77-9-3
77-10a-1
77-10a-7
77-10a-8
77-10a-11
77-10a-17
77-10a-18
77-13-5
77-14-1
77-14-2
77-16a-303
77-17-1
77-17-2
77-17-3
77-17-9
77-17-11
77-17-12
77-19-5
77-19-11
77-19-12
77-22-4.5
77-22a-2
77-22a-3
77-23a-3
77-23a-9
77-23a-16
77-23b-2
77-23b-5
77-27-5.5
77-27-12
77-27-26
77-28b-3
77-28b-4
77-28b-7
77-30-3
77-30-4
77-30-5
77-30-7
77-30-10
77-30-11
77-30-12
77-30-13
77-30-14
77-30-15
77-30-16
77-30-17
77-30-20
77-30-21
77-30-22
77-30-26
77-38-10
0
Technical Code Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: Melissa G. Ballard
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;
includes a coordination clause to address conflicts with any other legislation; and
makes other technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
7-1-208.2
, as enacted by Laws of Utah 1989, Chapter 267
7-1-302
, as enacted by Laws of Utah 1981, Chapter 16
7-1-308
, as last amended by Laws of Utah 1993, Chapter 38
7-1-310
, as enacted by Laws of Utah 1981, Chapter 16
7-1-312
, as enacted by Laws of Utah 1981, Chapter 16
7-1-313
, as last amended by Laws of Utah 1989, Chapter 267
7-1-314
, as enacted by Laws of Utah 1981, Chapter 16
7-1-315
, as enacted by Laws of Utah 1981, Chapter 16
7-1-316
, as enacted by Laws of Utah 1981, Chapter 16
7-1-319
, as last amended by Laws of Utah 1993, Chapter 38
7-1-320
, as last amended by Laws of Utah 1991, Chapter 133
7-1-510
, as last amended by Laws of Utah 1987, Chapter 161
7-1-601
, as enacted by Laws of Utah 1981, Chapter 16
7-1-604
, as enacted by Laws of Utah 1981, Chapter 16
7-1-610
, as enacted by Laws of Utah 1981, Chapter 16
7-1-613
, as enacted by Laws of Utah 1981, Chapter 16
7-1-803
, as last amended by Laws of Utah 1994, Chapter 200
7-2-3
, as last amended by Laws of Utah 1994, Chapter 200
7-2-4
, as last amended by Laws of Utah 1983, Chapter 8
7-2-8
, as enacted by Laws of Utah 1983, Chapter 8
7-2-11
, as enacted by Laws of Utah 1983, Chapter 8
7-2-13
, as enacted by Laws of Utah 1981, Chapter 16
7-2-14
, as last amended by Laws of Utah 1983, Chapter 8
7-2-15
, as last amended by Laws of Utah 1995, Chapter 49
7-2-16
, as last amended by Laws of Utah 1989, Chapter 267
7-2-18
, as last amended by Laws of Utah 1986, Fourth Special Session, Chapter 1
7-2-19
, as enacted by Laws of Utah 1981, Chapter 16
7-3-3.2
, as last amended by Laws of Utah 2000, Chapter 75
7-3-35
, as enacted by Laws of Utah 1981, Chapter 16
7-5-3
, as last amended by Laws of Utah 1994, Chapter 200
7-5-12
, as last amended by Laws of Utah 1983, Chapter 9
7-9-18
, as last amended by Laws of Utah 1996, Chapter 182
7-9-31
, as last amended by Laws of Utah 1996, Chapter 182
7-9-49
, as last amended by Laws of Utah 1994, Chapter 200
7-9-50
, as enacted by Laws of Utah 1994, Chapter 200
7-17-5
, as enacted by Laws of Utah 1979, Chapter 124
7-19-3
, as last amended by Laws of Utah 1986, Chapter 1
7-19-5
, as last amended by Laws of Utah 1986, Chapter 1
7-19-9
, as enacted by Laws of Utah 1984, Second Special Session, Chapter 5
8-2-2
, as last amended by Laws of Utah 1992, Chapter 30
9-8-804
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-8-806
, as renumbered and amended by Laws of Utah 1992, Chapter 241
9-9-203
, as renumbered and amended by Laws of Utah 1992, Chapter 241
10-3-202
, as last amended by Laws of Utah 1990, Chapter 32
10-3-705
, as last amended by Laws of Utah 1979, Chapter 38
10-3-829
, as enacted by Laws of Utah 1977, Chapter 48
10-3-904
, as enacted by Laws of Utah 1977, Chapter 48
10-3-906
, as enacted by Laws of Utah 1977, Chapter 48
10-3-915
, as enacted by Laws of Utah 1977, Chapter 48
10-8-50
, as last amended by Laws of Utah 1995, Chapter 131
11-3-4
, as last amended by Laws of Utah 1993, Chapter 234
11-30-6
, as enacted by Laws of Utah 1987, Chapter 197
13-1-5
, as enacted by Laws of Utah 1983, Chapter 322
13-7-4
, as last amended by Laws of Utah 1997, Chapter 10
13-11-9
, as enacted by Laws of Utah 1973, Chapter 188
13-11-16
, as last amended by Laws of Utah 1997, Chapter 296
13-14a-5
, as enacted by Laws of Utah 1989, Chapter 63
13-20-4
, as last amended by Laws of Utah 1990, Chapter 249
13-21-4
, as last amended by Laws of Utah 1994, Chapter 186
13-28-7
, as enacted by Laws of Utah 1995, Chapter 196
15-8-11
, as enacted by Laws of Utah 1993, Chapter 251
16-7-2
, as last amended by Laws of Utah 1985, Chapter 178
16-10a-129
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-824
, as last amended by Laws of Utah 1993, Chapter 184
16-10a-841
, as last amended by Laws of Utah 1994, Chapter 200
16-10a-853
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-902
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-903
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-908
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1302
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1327
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1328
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1408
, as last amended by Laws of Utah 1996, Chapter 79
16-10a-1602
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1603
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1605
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1606
, as enacted by Laws of Utah 1992, Chapter 277
16-10a-1608
, as enacted by Laws of Utah 1992, Chapter 277
19-1-302
, as enacted by Laws of Utah 1991, Chapter 112
19-6-304
, as renumbered and amended by Laws of Utah 1991, Chapter 112
19-6-309
, as last amended by Laws of Utah 2024, Chapter 158
19-6-312
, as renumbered and amended by Laws of Utah 1991, Chapter 112
19-6-314
, as renumbered and amended by Laws of Utah 1991, Chapter 112
19-6-315
, as renumbered and amended by Laws of Utah 1991, Chapter 112
19-6-317
, as renumbered and amended by Laws of Utah 1991, Chapter 112
19-6-422
, as last amended by Laws of Utah 1992, Chapter 214
19-8-110
, as enacted by Laws of Utah 1997, Chapter 247
31A-2-105
, as last amended by Laws of Utah 1993, Chapter 305
31A-2-106
, as last amended by Laws of Utah 1987, Chapter 91
31A-2-111
, as enacted by Laws of Utah 1985, Chapter 242
31A-2-112
, as enacted by Laws of Utah 1985, Chapter 242
31A-2-311
, as enacted by Laws of Utah 1985, Chapter 242
31A-5-103
, as last amended by Laws of Utah 2000, Chapter 1
31A-5-206
, as last amended by Laws of Utah 1987, Chapter 95
31A-5-209
, as enacted by Laws of Utah 1985, Chapter 242
31A-5-213
, as last amended by Laws of Utah 1987, Chapter 95
31A-5-216
, as enacted by Laws of Utah 1985, Chapter 242
31A-5-303
, as enacted by Laws of Utah 1985, Chapter 242
31A-5-304
, as enacted by Laws of Utah 1985, Chapter 242
31A-5-307
, as last amended by Laws of Utah 1992, Chapter 277
31A-5-408
, as last amended by Laws of Utah 1992, Chapter 277
31A-5-507
, as enacted by Laws of Utah 1985, Chapter 242
31A-5-509
, as last amended by Laws of Utah 1986, Chapter 204
31A-5-601
, as enacted by Laws of Utah 1985, Chapter 242
31A-7-303
, as last amended by Laws of Utah 2000, Chapter 300
31A-7-403
, as last amended by Laws of Utah 1987, Chapter 161
31A-9-103
, as last amended by Laws of Utah 1986, Chapter 204
31A-11-106
, as last amended by Laws of Utah 1988, Second Special Session, Chapter 10
31A-11-108
, as enacted by Laws of Utah 1985, Chapter 242
31A-11-110
, as enacted by Laws of Utah 1985, Chapter 242
31A-11-112
, as last amended by Laws of Utah 1997, Chapters 10, 215
31A-14-202
, as last amended by Laws of Utah 1986, Chapter 204
31A-14-216
, as enacted by Laws of Utah 1985, Chapter 242
31A-15-107
, as enacted by Laws of Utah 1985, Chapter 242
31A-21-310
, as enacted by Laws of Utah 1985, Chapter 242
31A-22-105
, as enacted by Laws of Utah 1985, Chapter 242
31A-22-308
, as last amended by Laws of Utah 1990, Chapter 327
31A-22-311
, as last amended by Laws of Utah 1994, Chapter 316
31A-22-312
, as enacted by Laws of Utah 1989, Chapter 251
31A-22-401
, as last amended by Laws of Utah 2024, Chapter 120
31A-22-512
, as enacted by Laws of Utah 1985, Chapter 242
31A-22-514
, as enacted by Laws of Utah 1985, Chapter 242
31A-22-1005
, as enacted by Laws of Utah 1985, Chapter 242
31A-22-1007
, as enacted by Laws of Utah 1985, Chapter 242
31A-22-1102
, as last amended by Laws of Utah 1989, Chapter 261
31A-22-1305
, as last amended by Laws of Utah 2000, Chapter 300
31A-25-201
, as last amended by Laws of Utah 1989, Chapter 261
31A-26-211
, as last amended by Laws of Utah 1986, Chapter 204
31A-26-212
, as enacted by Laws of Utah 1985, Chapter 242
31A-28-217
, as last amended by Laws of Utah 1988, Chapter 97
34-23-303
, as enacted by Laws of Utah 1990, Chapter 8
34-26-1
, as last amended by Laws of Utah 1987, Chapter 206
34-38-4
, as enacted by Laws of Utah 1987, Chapter 234
34-38-7
, as enacted by Laws of Utah 1987, Chapter 234
34-39-2
, as enacted by Laws of Utah 1989, Chapter 217
34-39-3
, as enacted by Laws of Utah 1989, Chapter 217
34-40-205
, as enacted by Laws of Utah 1990, Chapter 8
34A-2-207
, as last amended by Laws of Utah 1998, Chapter 13
35A-4-102
, as renumbered and amended by Laws of Utah 1996, Chapter 240
35A-4-105
, as renumbered and amended by Laws of Utah 1996, Chapter 240
35A-4-207
, as renumbered and amended by Laws of Utah 1996, Chapter 240
35A-4-402
, as renumbered and amended by Laws of Utah 1996, Chapter 240
35A-4-406
, as renumbered and amended by Laws of Utah 1996, Chapter 240
36-19-1
, as enacted by Laws of Utah 1992, Chapter 100
38-2-4
, as last amended by Laws of Utah 2024, Chapter 158
38-3-5
, as last amended by Laws of Utah 1977, Chapter 272
38-7-2
, as last amended by Laws of Utah 1996, Chapter 167
38-10-102.1
, as enacted by Laws of Utah 1990, Chapter 203
38-10-108
, as enacted by Laws of Utah 1987, Chapter 170
38-10-109
, as enacted by Laws of Utah 1987, Chapter 170
40-1-6
, as last amended by Laws of Utah 1999, Chapter 85
40-8-19
, as enacted by Laws of Utah 1975, Chapter 130
40-8-23
, as last amended by Laws of Utah 1995, Chapter 20
40-10-5
, as last amended by Laws of Utah 1991, Chapter 225
40-10-19
, as last amended by Laws of Utah 1994, Chapter 219
40-10-20
, as last amended by Laws of Utah 2024, Chapter 158
40-10-29
, as enacted by Laws of Utah 1979, Chapter 145
41-1a-224
, as renumbered and amended by Laws of Utah 1992, Chapter 1
41-1a-607
, as last amended by Laws of Utah 1992, Chapter 218 and renumbered and 
amended by Laws of Utah 1992, Chapter 1
41-1a-608
, as last amended by Laws of Utah 1992, Chapter 218 and renumbered and 
amended by Laws of Utah 1992, Chapter 1
41-1a-708
, as last amended by Laws of Utah 1992, Chapter 218 and renumbered and 
amended by Laws of Utah 1992, Chapter 1
41-1a-801
, as renumbered and amended by Laws of Utah 1992, Chapter 1
41-1a-1301
, as renumbered and amended by Laws of Utah 1992, Chapter 1
41-1a-1313
, as renumbered and amended by Laws of Utah 1992, Chapter 1
41-1a-1316
, as renumbered and amended by Laws of Utah 1992, Chapter 1
41-1a-1317
, as renumbered and amended by Laws of Utah 1992, Chapter 1
41-3-207
, as renumbered and amended by Laws of Utah 1992, Chapter 234
41-3-208
, as renumbered and amended by Laws of Utah 1992, Chapter 234
41-3-505
, as renumbered and amended by Laws of Utah 1992, Chapter 234
41-3-506
, as renumbered and amended by Laws of Utah 1992, Chapter 234
41-3-508
, as last amended by Laws of Utah 1992, Chapter 1 and renumbered and 
amended by Laws of Utah 1992, Chapter 234
41-3-803
, as last amended by Laws of Utah 2000, Chapter 86
41-12a-104
, as last amended by Laws of Utah 1986, Chapter 204
41-12a-411
, as last amended by Laws of Utah 1999, Chapter 216
41-12a-503
, as enacted by Laws of Utah 1985, Chapter 242
41-12a-506
, as enacted by Laws of Utah 1985, Chapter 242
41-12a-507
, as enacted by Laws of Utah 1985, Chapter 242
41-12a-509
, as enacted by Laws of Utah 1985, Chapter 242
41-12a-511
, as enacted by Laws of Utah 1985, Chapter 242
41-12a-604
, as last amended by Laws of Utah 1999, Chapter 216
42-3-1
, as last amended by Laws of Utah 1997, Chapter 82
45-2-2
, as last amended by Laws of Utah 1975, Chapter 134
45-2-7
, as last amended by Laws of Utah 1975, Chapter 134
47-1-5
, as last amended by Laws of Utah 1993, Chapter 4
47-2-6
, as last amended by Laws of Utah 1994, Chapter 146
51-7-9
, as last amended by Laws of Utah 1984, Chapter 44
51-7-18.1
, as last amended by Laws of Utah 1990, Chapter 229
53-7-211
, as renumbered and amended by Laws of Utah 1993, Chapters 38, 234
53-7-212
, as renumbered and amended by Laws of Utah 1993, Chapter 234
53-7-213
, as renumbered and amended by Laws of Utah 1993, Chapters 38, 234
53-7-214
, as renumbered and amended by Laws of Utah 1993, Chapter 234
53-9-112
, as last amended by Laws of Utah 1998, Chapter 212
53-9-116
, as last amended by Laws of Utah 1998, Chapter 212
53-10-206
, as last amended by Laws of Utah 1998, Chapter 282 and renumbered and 
amended by Laws of Utah 1998, Chapter 263
53-10-207
, as renumbered and amended by Laws of Utah 1998, Chapter 263
53-11-107
, as enacted by Laws of Utah 1998, Chapter 257
53-11-108
, as last amended by Laws of Utah 1999, Chapter 21
53-11-111
, as enacted by Laws of Utah 1998, Chapter 257
53-11-116
, as last amended by Laws of Utah 1999, Chapter 266
53-11-122
, as enacted by Laws of Utah 1998, Chapter 257
53-11-123
, as last amended by Laws of Utah 1999, Chapter 266
53-13-113
, as enacted by Laws of Utah 2000, Chapter 127
53B-13-102
, as enacted by Laws of Utah 1987, Chapter 167
53B-13-110
, as enacted by Laws of Utah 1987, Chapter 167
53B-13-114
, as enacted by Laws of Utah 1987, Chapter 167
53C-1-301
, as last amended by Laws of Utah 1996, Chapter 337
53C-2-412
, as enacted by Laws of Utah 1994, Chapter 294
53C-5-101
, as last amended by Laws of Utah 2000, Chapter 237
54-7-3
, as last amended by Laws of Utah 1987, Chapter 161
54-7-25
, as last amended by Laws of Utah 1989, Chapter 131
56-1-21.5
, as last amended by Laws of Utah 1998, Chapter 282
57-1-14
, as last amended by Laws of Utah 2000, Chapter 75
57-1-19
, as last amended by Laws of Utah 1988, Chapter 155
57-1-37
, as last amended by Laws of Utah 1991, Chapter 5
57-2-13
, as last amended by Laws of Utah 2000, Chapter 75
57-2a-2
, as enacted by Laws of Utah 1988, Chapter 155
57-2a-3
, as last amended by Laws of Utah 1989, Chapter 88
57-3-102
, as last amended by Laws of Utah 2000, Chapter 252
57-4a-4
, as last amended by Laws of Utah 1989, Chapter 88
57-8-6
, as last amended by Laws of Utah 1975, Chapter 173
57-8-8
, as last amended by Laws of Utah 2000, Chapter 132
57-8-13.14
, as enacted by Laws of Utah 1975, Chapter 173
57-8-32.5
, as enacted by Laws of Utah 1975, Chapter 173
57-12-6
, as enacted by Laws of Utah 1972, Chapter 24
57-12-7
, as last amended by Laws of Utah 1998, Chapter 321
57-19-17
, as last amended by Laws of Utah 1989, Chapter 225
57-19-18
, as enacted by Laws of Utah 1987, Chapter 73
57-19-23
, as enacted by Laws of Utah 1987, Chapter 73
57-22-3
, as enacted by Laws of Utah 1990, Chapter 314
58-1-105
, as renumbered and amended by Laws of Utah 1993, Chapter 297
58-3a-603
, as enacted by Laws of Utah 1996, Chapter 260
58-16a-201
, as renumbered and amended by Laws of Utah 1997, Chapter 13
58-16a-701
, as enacted by Laws of Utah 1997, Chapter 13
58-22-603
, as enacted by Laws of Utah 1996, Chapter 259
58-31b-801
, as enacted by Laws of Utah 1998, Chapter 288
58-37-15
, as enacted by Laws of Utah 1971, Chapter 145
58-41-16
, as last amended by Laws of Utah 1989, Chapter 207
58-49-7
, as enacted by Laws of Utah 1986, Chapter 192
58-50-5
, as last amended by Laws of Utah 1991, Chapter 120
58-55-601
, as renumbered and amended by Laws of Utah 1994, Chapter 181
58-55-603
, as renumbered and amended by Laws of Utah 1994, Chapter 181
58-67-802
, as enacted by Laws of Utah 1996, Chapter 248
58-69-804
, as enacted by Laws of Utah 1996, Chapter 116
59-1-701
, as renumbered and amended by Laws of Utah 1987, Chapter 3
59-1-707
, as renumbered and amended by Laws of Utah 1987, Chapter 3
59-1-1002
, as enacted by Laws of Utah 1991, Chapter 35
59-1-1004
, as enacted by Laws of Utah 1991, Chapter 35
59-2-326
, as last amended by Laws of Utah 2000, Chapter 86
59-10-512
, as last amended by Laws of Utah 1993, Chapter 4
59-12-112
, as renumbered and amended by Laws of Utah 1987, Chapter 5
59-18-104
, as renumbered and amended by Laws of Utah 1987, Chapter 2
59-18-105
, as renumbered and amended by Laws of Utah 1987, Chapter 2
59-18-108
, as renumbered and amended by Laws of Utah 1987, Chapter 2
63B-2-117
, as enacted by Laws of Utah 1993, Chapter 304
63B-2-217
, as enacted by Laws of Utah 1993, Chapter 304
63B-3-117
, as enacted by Laws of Utah 1994, Chapter 300
63B-3-217
, as enacted by Laws of Utah 1994, Chapter 300
63B-4-117
, as enacted by Laws of Utah 1995, Chapter 329
63B-5-117
, as enacted by Laws of Utah 1996, Chapter 335
63B-6-117
, as enacted by Laws of Utah 1997, Chapter 391
63B-6-217
, as enacted by Laws of Utah 1997, Chapter 270
63B-6-302
, as enacted by Laws of Utah 1997, Chapter 270
63B-6-417
, as enacted by Laws of Utah 1997, Chapter 391
63B-7-117
, as enacted by Laws of Utah 1998, Chapter 67
63B-7-217
, as enacted by Laws of Utah 1998, Chapter 316
63B-7-302
, as enacted by Laws of Utah 1998, Chapter 316
63B-7-417
, as enacted by Laws of Utah 1998, Chapter 67
63B-8-117
, as enacted by Laws of Utah 1999, Chapter 309
63B-8-217
, as enacted by Laws of Utah 1999, Chapter 331
63B-8-302
, as enacted by Laws of Utah 1999, Chapter 331
63B-8-417
, as enacted by Laws of Utah 1999, Chapter 309
64-13-15
, as last amended by Laws of Utah 1991, Chapter 124
64-13-32
, as last amended by Laws of Utah 1993, Chapter 49
64-13d-106
, as enacted by Laws of Utah 1999, Chapter 288
65A-6-11
, as enacted by Laws of Utah 1988, Chapter 121
67-1-1
, as last amended by Laws of Utah 1993, Chapter 38
67-5-5
, as last amended by Laws of Utah 1982, Chapter 76
67-9-1
, as last amended by Laws of Utah 1984, Chapter 68
67-16-2
, as last amended by Laws of Utah 1989, Chapter 147
70C-2-207
, as enacted by Laws of Utah 1985, Chapter 159
70C-5-101
, as enacted by Laws of Utah 1985, Chapter 159
70C-5-103
, as enacted by Laws of Utah 1985, Chapter 159
70C-5-104
, as enacted by Laws of Utah 1985, Chapter 159
70C-5-105
, as enacted by Laws of Utah 1985, Chapter 159
70C-6-104
, as enacted by Laws of Utah 1985, Chapter 159
70C-6-106
, as enacted by Laws of Utah 1985, Chapter 159
70C-6-304
, as enacted by Laws of Utah 1985, Chapter 159
70C-7-104
, as enacted by Laws of Utah 1985, Chapter 159
70C-7-201
, as enacted by Laws of Utah 1985, Chapter 159
72-2-104
, as renumbered and amended by Laws of Utah 1998, Chapter 270
72-5-107
, as renumbered and amended by Laws of Utah 1998, Chapter 270
72-9-303
, as renumbered and amended by Laws of Utah 1998, Chapter 270
72-9-703
, as renumbered and amended by Laws of Utah 1998, Chapter 270
73-2-10
, as last amended by Laws of Utah 1983, Chapter 201
73-2-12
, as last amended by Laws of Utah 1984, Chapter 67
73-2-13
, as last amended by Laws of Utah 1971, Chapter 186
73-2-23.1
, as enacted by Laws of Utah 1985, Chapter 228
73-3-5.5
, as last amended by Laws of Utah 1987, Chapter 161
73-3a-108
, as enacted by Laws of Utah 1991, Chapter 234
73-3b-303
, as enacted by Laws of Utah 1991, Chapter 146
73-5a-203
, as enacted by Laws of Utah 1990, Chapter 319
73-5a-301
, as enacted by Laws of Utah 1990, Chapter 319
73-5a-302
, as enacted by Laws of Utah 1990, Chapter 319
73-5a-303
, as enacted by Laws of Utah 1990, Chapter 319
73-5a-402
, as enacted by Laws of Utah 1990, Chapter 319
73-5a-601
, as enacted by Laws of Utah 1990, Chapter 319
73-18-7.1
, as enacted by Laws of Utah 1990, Chapter 216
73-18-10
, as last amended by Laws of Utah 1986, Chapter 197
73-18-20.3
, as enacted by Laws of Utah 1990, Chapter 216
73-18-20.5
, as last amended by Laws of Utah 1998, Chapter 263
73-18-20.7
, as enacted by Laws of Utah 1990, Chapter 216
76-1-304
, as last amended by Laws of Utah 1998, Chapter 121
76-1-402
, as last amended by Laws of Utah 1974, Chapter 32
76-2-201
, as enacted by Laws of Utah 1973, Chapter 196
76-2-204
, as enacted by Laws of Utah 1973, Chapter 196
76-2-205
, as enacted by Laws of Utah 1973, Chapter 196
76-2-301
, as enacted by Laws of Utah 1973, Chapter 196
76-2-302
, as enacted by Laws of Utah 1973, Chapter 196
76-2-303
, as last amended by Laws of Utah 1998, Chapter 282
76-2-304
, as last amended by Laws of Utah 1974, Chapter 32
76-2-307
, as last amended by Laws of Utah 1995, Chapter 20
76-2-403
, as enacted by Laws of Utah 1973, Chapter 196
76-3-303
, as enacted by Laws of Utah 1973, Chapter 196
76-3-405
, as last amended by Laws of Utah 1997, Chapter 291
76-3-409
, as last amended by Laws of Utah 1985, Chapter 212
76-7-202
, as last amended by Laws of Utah 1995, Chapter 289
76-7-303
, as enacted by Laws of Utah 1974, Chapter 33
76-7-308
, as last amended by Laws of Utah 1991, First Special Session, Chapter 2
77-1-6
, as enacted by Laws of Utah 1980, Chapter 15
77-2-4
, as enacted by Laws of Utah 1980, Chapter 15
77-2-4.5
, as enacted by Laws of Utah 1990, Chapter 7
77-2-6
, as enacted by Laws of Utah 1980, Chapter 15
77-2-8
, as enacted by Laws of Utah 1980, Chapter 15
77-3-2
, as enacted by Laws of Utah 1980, Chapter 15
77-3-4
, as enacted by Laws of Utah 1980, Chapter 15
77-3-5
, as enacted by Laws of Utah 1980, Chapter 15
77-3-8
, as enacted by Laws of Utah 1980, Chapter 15
77-3-10
, as enacted by Laws of Utah 1980, Chapter 15
77-5-2
, as enacted by Laws of Utah 1980, Chapter 15
77-5-8
, as enacted by Laws of Utah 1980, Chapter 15
77-6-5
, as enacted by Laws of Utah 1980, Chapter 15
77-6-6
, as enacted by Laws of Utah 1980, Chapter 15
77-6-8
, as enacted by Laws of Utah 1980, Chapter 15
77-6-9
, as enacted by Laws of Utah 1980, Chapter 15
77-7-1
, as enacted by Laws of Utah 1980, Chapter 15
77-7-3
, as enacted by Laws of Utah 1980, Chapter 15
77-7-9
, as enacted by Laws of Utah 1980, Chapter 15
77-7-10
, as enacted by Laws of Utah 1980, Chapter 15
77-7-11
, as enacted by Laws of Utah 1980, Chapter 15
77-7-14
, as last amended by Laws of Utah 1987, Chapter 245
77-7-16
, as enacted by Laws of Utah 1980, Chapter 15
77-7-17
, as enacted by Laws of Utah 1980, Chapter 15
77-8-2
, as enacted by Laws of Utah 1980, Chapter 15
77-8-4
, as enacted by Laws of Utah 1980, Chapter 15
77-8a-1
, as enacted by Laws of Utah 1990, Chapter 201
77-9-1
, as enacted by Laws of Utah 1980, Chapter 15
77-9-2
, as enacted by Laws of Utah 1980, Chapter 15
77-9-3
, as last amended by Laws of Utah 1998, Chapter 282
77-10a-1
, as enacted by Laws of Utah 1990, Chapter 318
77-10a-7
, as enacted by Laws of Utah 1990, Chapter 318
77-10a-8
, as last amended by Laws of Utah 1993, Chapter 38
77-10a-11
, as enacted by Laws of Utah 1990, Chapter 318
77-10a-17
, as enacted by Laws of Utah 1990, Chapter 318
77-10a-18
, as enacted by Laws of Utah 1990, Chapter 318
77-13-5
, as enacted by Laws of Utah 1980, Chapter 15
77-14-1
, as enacted by Laws of Utah 1980, Chapter 15
77-14-2
, as enacted by Laws of Utah 1980, Chapter 15
77-16a-303
, as enacted by Laws of Utah 1992, Chapter 171
77-17-1
, as enacted by Laws of Utah 1980, Chapter 15
77-17-2
, as enacted by Laws of Utah 1980, Chapter 15
77-17-3
, as enacted by Laws of Utah 1980, Chapter 15
77-17-9
, as enacted by Laws of Utah 1980, Chapter 15
77-17-11
, as enacted by Laws of Utah 1980, Chapter 15
77-17-12
, as enacted by Laws of Utah 1980, Chapter 15
77-19-5
, as enacted by Laws of Utah 1980, Chapter 15
77-19-11
, as last amended by Laws of Utah 2000, Chapters 1, 250
77-19-12
, as last amended by Laws of Utah 1988, Chapter 190
77-22-4.5
, as enacted by Laws of Utah 1995, Chapter 115
77-22a-2
, as enacted by Laws of Utah 1989, Chapter 9
77-22a-3
, as last amended by Laws of Utah 1993, Chapter 38
77-23a-3
, as last amended by Laws of Utah 1998, Chapter 282
77-23a-9
, as last amended by Laws of Utah 1988, Chapter 251
77-23a-16
, as enacted by Laws of Utah 1988, Chapter 251
77-23b-2
, as last amended by Laws of Utah 1991, Chapter 241
77-23b-5
, as enacted by Laws of Utah 1988, Chapter 251
77-27-5.5
, as last amended by Laws of Utah 1994, Chapter 13
77-27-12
, as enacted by Laws of Utah 1985, Chapter 213
77-27-26
, as last amended by Laws of Utah 1998, Chapter 282
77-28b-3
, as enacted by Laws of Utah 1990, Chapter 324
77-28b-4
, as enacted by Laws of Utah 1990, Chapter 324
77-28b-7
, as enacted by Laws of Utah 1990, Chapter 324
77-30-3
, as enacted by Laws of Utah 1980, Chapter 15
77-30-4
, as enacted by Laws of Utah 1980, Chapter 15
77-30-5
, as enacted by Laws of Utah 1980, Chapter 15
77-30-7
, as enacted by Laws of Utah 1980, Chapter 15
77-30-10
, as enacted by Laws of Utah 1980, Chapter 15
77-30-11
, as last amended by Laws of Utah 1995, Chapter 20
77-30-12
, as enacted by Laws of Utah 1980, Chapter 15
77-30-13
, as enacted by Laws of Utah 1980, Chapter 15
77-30-14
, as last amended by Laws of Utah 1995, Chapter 20
77-30-15
, as enacted by Laws of Utah 1980, Chapter 15
77-30-16
, as last amended by Laws of Utah 1997, Chapter 199
77-30-17
, as enacted by Laws of Utah 1980, Chapter 15
77-30-20
, as enacted by Laws of Utah 1980, Chapter 15
77-30-21
, as enacted by Laws of Utah 1980, Chapter 15
77-30-22
, as enacted by Laws of Utah 1980, Chapter 15
77-30-26
, as enacted by Laws of Utah 1980, Chapter 15
77-38-10
, as last amended by Laws of Utah 1995, Chapter 352
Utah Code Sections Affected by Coordination Clause:
AMENDS:
13-11-9
, as enacted by Laws of Utah 1973, Chapter 188
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
7-1-208.2
 is amended to read:
7-1-208.2
. Deputy commissioner.
The commissioner may appoint a deputy commissioner who shall be a citizen of the 
United States and a member of the Utah State Bar, to serve at the pleasure of the 
commissioner. The deputy commissioner shall serve as staff attorney for the department and 
perform all other duties assigned to 
him
the deputy commissioner
 by the commissioner.
Section 2, Section 
7-1-302
 is amended to read:
7-1-302
. Review of supervisor's action by commissioner.
The commissioner shall review, upon written request of the institution or other person 
affected, any act or order of a supervisor and may suspend, modify, or revoke any such act or 
order as 
he
the commissioner
 may find to be arbitrary, capricious, contrary to law or the rules 
and regulations of the department, or not in the best interest of the public or of the state.
Section 3, Section 
7-1-308
 is amended to read:
7-1-308
. Suspension or removal of director or officer -- Grounds -- Procedure 
for issuance of order.
(1)
(a)
If the commissioner has determined that any officer or director of an institution or 
other person under the jurisdiction of the department has:
(i)
violated any law, rule, regulation, or a cease and desist order which has become 
final;
(ii)
engaged or participated in any unsafe or unsound practice in the conduct of the 
affairs of the institution or other person;
(iii)
committed or engaged in any act, omission, or practice which constitutes a 
breach of 
his
the person's
 fiduciary duty as an officer or director;
(iv)
been charged in any information, indictment, or complaint authorized by a 
county attorney, a district attorney, or the attorney general of the state relative to a 
violation of this title; or
(v)
been charged with the commission of or participation in a crime involving 
dishonesty or breach of trust; and
(b)
if the commissioner determines that:
(i)
the institution or other person under the jurisdiction of the department has suffered 
or will suffer substantial financial loss or other damage due to such actions and 
that such action may impair the safety and soundness of the institution or other 
person or prejudice in any manner the interests of the depositors, members, 
creditors, or shareholders; or
(ii)
the director or officer has received financial gain by reason of any breach of 
fiduciary duty
; 
,
the commissioner may, after notice and opportunity for hearing, 
serve upon such director or officer a written notice of suspension or removal of 
the individual from office or prohibition from further participation in the conduct 
of the affairs of the institution or other person.
(2)
If the commissioner deems it necessary for the protection of an institution or other 
person under the jurisdiction of the department or the interests of its depositors, 
members, creditors, or shareholders, 
he
the commissioner
 may, by written notice served 
upon the officer or director, suspend that officer or director from office or prohibit 
him
the officer or director
 from further participation in any manner in the conduct of the 
affairs of the institution or other person. The suspension or prohibition is effective upon 
service of the notice and, unless stayed by a court, shall remain in effect until the 
commissioner dismisses the charges specified in the notice, or, if an order of removal or 
prohibition is issued against the officer or director, until the effective date of that order.
Section 4, Section 
7-1-310
 is amended to read:
7-1-310
. Subpoena power of commissioner.
The commissioner may issue subpoenas to compel the attendance of witnesses and the 
production of books, records, and other papers and documents and may examine or cause to be 
examined under oath any officer, director, or employee of any institution subject to the 
jurisdiction of the department or any other person whose testimony 
he
the commissioner
 finds 
relevant to any matter before 
him
the commissioner
 or whose testimony is necessary or 
appropriate in carrying out 
his
the commissioner's
 duties and responsibilities.
Section 5, Section 
7-1-312
 is amended to read:
7-1-312
. Reports required of large stockholders of financial institutions as to 
loans secured by stock.
The commissioner may require any person owning or acquiring 25% or more of the 
outstanding capital stock of any depository institution subject to 
his
the commissioner's
jurisdiction, or 25% or more of the stock of any corporation having control of the institution, to 
report to 
him
the commissioner
 any borrowing by that person which is secured by that stock 
and to report to 
him
the commissioner
 the terms of the borrowing. This section applies only if 
the purpose for the borrowing was to acquire control of the institution or any other depository 
institution.
Section 6, Section 
7-1-313
 is amended to read:
7-1-313
. Requiring remedial action by institution in or about to be in unsound 
condition -- Assistance by insurers.
(1)
The commissioner may require any financial institution subject to the jurisdiction of the 
department that 
he
the commissioner
 finds to be or about to be in an unsafe or unsound 
condition to take corrective or remedial action as 
he
the commissioner
 considers 
appropriate to protect the interests of depositors, members, other creditors, and 
shareholders of the institution, and the general public.
(2)
An insurer of the accounts of a financial institution may make loans to, purchase the 
assets of, establish accounts in, or provide other assistance to a financial institution in 
order to correct or remedy an unsafe or unsound condition or to protect the interests of 
depositors, members, other creditors, and shareholders of the institution. This assistance 
is subject to approval by the commissioner.
Section 7, Section 
7-1-314
 is amended to read:
7-1-314
. Examination of institutions by commissioner or supervisor.
(1)
The commissioner or the responsible supervisor shall visit and examine or cause to be 
visited and examined every depository institution and such other institutions subject to 
the jurisdiction of the department as the commissioner considers necessary or advisable.
(2)
At every examination of a depository institution careful inquiry shall be made as to:
(a)
the condition and resources of the institution examined;
(b)
the mode of conducting and managing of its affairs;
(c)
the actions of its directors and officers;
(d)
the investment and disposition of its funds;
(e)
the security offered to depositors and other customers;
(f)
whether or not it is violating any provision of law relating to the institution or the 
business of the institution examined;
(g)
whether or not it is complying with its articles of incorporation and bylaws; and
(h)
such other matters as the commissioner may prescribe.
(3)
The commissioner may, in 
his
the commissioner's
 discretion, accept examinations of 
any institution which are made by federal examiners or examiners from other states 
having jurisdiction over that institution in lieu of any examination required under the 
laws of this state.
(4)
The nature and extent of examination of institutions or other business entities not 
classified as depository institutions but otherwise subject to the jurisdiction of the 
department as provided in this title shall be such as the commissioner may determine to 
be necessary or appropriate in determining whether or not the business is being 
conducted in accordance with law and the regulations of the department.
Section 8, Section 
7-1-315
 is amended to read:
7-1-315
. Examination by board of directors required -- Report.
The commissioner may at any time require the board of directors of any or all 
institutions under 
his
the commissioner's
 jurisdiction to fully examine or have fully examined 
the books, papers, and affairs of the institution of which they are directors and particularly the 
loans, discounts, and overdrafts of such institutions to ascertain the value and security thereof 
and the collateral security, if any, given in connection therewith and to inquire into such other 
matters as the commissioner may consider necessary and to have a report placed on file with 
the records of the institution, which report shall be subject to examination by the commissioner.
Section 9, Section 
7-1-316
 is amended to read:
7-1-316
. Forms for reports required from institutions.
The commissioner shall prescribe the forms for all reports required by law or regulation 
from financial institutions subject to the jurisdiction of the department and may change the 
forms at 
his
the commissioner's
 discretion. The department shall furnish without charge upon 
the request of any such institution any blank form necessary or required by law.
Section 10, Section 
7-1-319
 is amended to read:
7-1-319
. Notice to county attorney or district attorney of criminal violations -- 
Attorney general to conduct actions commenced by commissioner -- Assistance of county 
attorney or district attorney.
The commissioner shall inform the county attorney or district attorney in the county in 
which the principal office of an institution is located of any violation of any provision of law 
which constitutes a misdemeanor or felony by an officer, director, or employee of any 
institution under 
his
the commissioner's
 jurisdiction
 which shall come to his notice
, and 
upon receipt of such information the county attorney or district attorney shall institute 
proceedings to enforce the provisions of the law. The attorney general shall conduct all 
actions, suits, and proceedings begun by the commissioner under authority of law and may call 
to 
his
the attorney general's
 assistance the county attorney or district attorney of the county in 
which the action, suit, or proceeding is conducted, and it shall be the duty of the county 
attorney or district attorney to render such assistance as the attorney general may require.
Section 11, Section 
7-1-320
 is amended to read:
7-1-320
. Actions to enjoin violations -- Bond not required -- Recovery -- Attorney 
fees.
(1)
Whenever it appears to the commissioner that any person has engaged in or is about to 
engage in any act or practice constituting a violation of this title or any rule, regulation, 
or order of the commissioner or the department, 
he
the commissioner
 may bring an 
action in an appropriate court of general jurisdiction to enjoin the acts or practices and to 
enforce compliance with this title or any rule or order issued under this title. Upon a 
proper showing, a permanent or temporary injunction, restraining order, or extraordinary 
writ shall be granted and a receiver or conservator may be appointed for the defendant or 
the defendant's assets. The court may not require the commissioner to post a bond.
(2)
If the court finds that the defendant in an action brought by the commissioner pursuant 
to this section has violated or is about to violate any provision of this title or any rule or 
order of the commissioner, the court may award to the department an amount not 
exceeding $10,000 per day for each day the defendant was in violation. The court may 
also award the department reasonable 
attorney's
attorney
 fees.
Section 12, Section 
7-1-510
 is amended to read:
7-1-510
. Examination of institutions -- Adoption of rules -- Requiring actions by 
institutions.
If the commissioner finds that it is in the public interest and necessary to protect the 
depositors and other customers of a financial institution, 
he
the commissioner
 may:
(1)
examine the books and records of any financial institution holding company and require 
the company to furnish whatever reports that 
he
the commissioner
 considers 
appropriate to properly supervise the company's financial institution subsidiaries;
(2)
adopt and issue rules consistent with the purposes and provisions of this title as they 
pertain to financial institution holding companies; and
(3)
require a financial institution holding company to take any action 
he
the commissioner
finds reasonable and necessary to protect the interests of depositors, other customers, 
and creditors of any subsidiary financial institution, to maintain its solvency or to 
prevent its failure.
Section 13, Section 
7-1-601
 is amended to read:
7-1-601
. Adverse claim to account in depository institution -- Notice required -- 
Bond may be required for payment.
Receipt of a notice of an adverse claim to a deposit or other account standing on the 
books of any depository institution doing business in this state does not obligate the depository 
institution to the adverse claimant, unless the notice is given pursuant to an appropriate court 
order, obtained by the adverse claimant in a legal action instituted by 
him
the adverse claimant
in which the person to whose credit the deposit stands is made a party. Such depository 
institution may also pay the adverse claim, if the claimant executes to the depository institution 
a good and sufficient bond in double the amount claimed, indemnifying it from any and all 
liability, loss, damage, costs and expenses including 
attorneys'
attorney
 fees for and on 
account of the payment of the adverse claim or the dishonor of a check or other instrument of 
the person to whose credit the deposit stands on its books.
Section 14, Section 
7-1-604
 is amended to read:
7-1-604
. Savings accounts -- Qualifications to hold -- Representation -- Transfer 
-- Holder treated as owner -- Exception.
(1)
Savings accounts may be opened and held solely and absolutely by any adult or minor 
individual, male or female, single or married in 
his or her
the individual's
 own right or 
in trust or other fiduciary capacity for any such adult or minor.
(2)
Savings accounts shall be represented only by the account of each savings account 
holder on the books of the depository institution.
(3)
Savings accounts shall be transferable only on the books of the depository institution 
and only upon written application. Acceptance by the institution of the transferee as an 
account holder may only be upon terms approved by its board of directors. Nothing in 
this subsection shall be construed as prohibiting the transfer of part or all of the funds in 
a transaction account to a third party by means of checks, drafts, or other instruments or 
by electronic means.
(4)
The institution may treat the holder of record of a savings account as the owner of the 
account for all purposes and may disregard any notice to the contrary, unless the 
institution has acknowledged, in writing, notice of a pledge of the savings account.
Section 15, Section 
7-1-610
 is amended to read:
7-1-610
. Attorney-in-fact as to savings account -- Institution immune from 
liability.
Any depository institution may continue to recognize the authority of an attorney-in-fact 
authorized in writing to manage or to make withdrawals either in whole or in part from the 
savings account of a holder, whether minor or adult, until it is on actual notice of the 
revocation of 
his
the
 authority
 of the attorney-in-fact
. No such institution shall be liable for 
damages, penalty, or tax by reason of any payment made under this section.
Section 16, Section 
7-1-613
 is amended to read:
7-1-613
. Incompetency of savings account owner.
When a savings account is held in any depository institution by a person who becomes 
incompetent and an adjudication of incompetency has been made by a court of competent 
jurisdiction, the institution may pay or deliver the withdrawal value of the savings account and 
any earnings that may have accrued on the account to the conservator for that person upon 
proof of 
his
the conservator's
 appointment and qualification. However, if the institution has 
received no written notice and is not on actual notice that the savings account holder has been 
adjudicated incompetent, it may pay or deliver the funds to the holder in accordance with the 
provision of the savings account contract, and the receipt or acquittance of the holder therefor 
shall be a valid and sufficient release and discharge of the institution for the payment or 
delivery so made.
Section 17, Section 
7-1-803
 is amended to read:
7-1-803
. Conflicting interests of commissioner, supervisors, and examiners -- 
Loans and accounts -- Disclosure -- Penalty.
(1)
Neither the commissioner nor any supervisor or examiner may do any of the following 
with respect to any institution under the supervision of the department:
(a)
be indebted, directly or indirectly, as a borrower, accommodation endorser, surety, or 
guarantor to an institution, or to an individual or any other legal or commercial entity 
owning or controlling an institution;
(b)
be an officer, director, or employee of any institution or of an individual or any other 
legal or commercial entity owning or controlling an institution;
(c)
own or deal in, directly or indirectly, the shares or obligations of an institution or of a 
corporation owning or controlling an institution;
(d)
receive, directly or indirectly, from an institution or any officer, director, or 
employee of an institution, any salary, fee, or compensation; or
(e)
be interested in or engage in the negotiations of any loan to, obligation of, or 
accommodation for another person to or with an institution.
(2)
Notwithstanding Subsection 
(1)
, the commissioner, any supervisor, or any examiner of 
the department may:
(a)
have and maintain savings, transaction, share, time deposit, or other accounts, or 
certificates and deposits in any financial or depository institution in the state, or be a 
lessee of a safe deposit box on the same terms and conditions available to the public 
generally;
(b)
be indebted to a depository institution under the supervision of the department on 
terms offered to the public generally upon:
(i)
a mortgage loan upon the mortgagor's own home;
(ii)
an open or closed end consumer loan granted before the person became employed 
with the department or before the institution became subject to the jurisdiction of 
the department;
(iii)
in the case of a supervisor or examiner, a consumer loan lawfully made prior to 
January 1, 1991, provided that while the debt is subject to the provisions of this 
chapter, the terms of the debt are not changed in favor of the debtor in a manner 
not offered and provided to other creditworthy borrowers or waived or extended 
as a result of delinquency or default; and
(iv)
a debt fully secured at all times by deposits in the institution;
(c)
be indebted on an installment debt transferred to an institution under the jurisdiction 
of the department in the regular course of business by a seller of consumer goods; and
(d)
continue to receive payments under a regularly established pension plan of general 
application for fully retired employees of an institution under the supervision of the 
department.
(3)
Full disclosure in writing of any indebtedness incurred under Subsection 
(2)
 shall be 
filed in the commissioner's office.
(4)
Any person who knowingly violates this section with the intention of getting gain 
through the influence of 
his
that person's
 office shall forfeit the office or employment 
and is guilty of a third degree felony.
Section 18, Section 
7-2-3
 is amended to read:
7-2-3
. Action for injunction against commissioner in possession -- Procedure -- 
Appeal.
(1)
(a)
Whenever any institution or other person of which the commissioner has taken 
possession considers itself aggrieved by the taking, it may within 10 days after the 
taking apply to the court to enjoin further proceedings.
(b)
After ordering the commissioner to show cause why further proceedings should not 
be enjoined and after hearing the allegations and proofs of the parties and 
determining the facts, the court may:
(i)
dismiss the application; or
(ii)
enjoin the commissioner from further proceedings if the court finds the taking to 
be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.
(c)
If the court enjoins further proceedings, it shall order the commissioner to surrender 
possession of the institution in a manner and on terms designated by the court in the 
public interest.
(d)
Notice of any hearings shall be given to persons designated by the court in the 
manner designated by the court.
(2)
An appeal may be taken by the commissioner, a receiver, or liquidator appointed by the 
commissioner under Section 
7-2-9
, or by the institution from the judgment of the court 
as provided by law. An appeal from the judgment does not stay any judgment in favor 
of the commissioner, or a receiver or liquidator appointed by 
him
the commissioner
. If 
the appeal is taken by the commissioner, or by a receiver or liquidator appointed by 
him
the commissioner
, no bond is required. If the appeal is taken by the institution, a bond is 
required as provided by the Utah Rules of Civil Procedure.
Section 19, Section 
7-2-4
 is amended to read:
7-2-4
. Consent required for institution to resume business.
The institution or other person may resume business only with the consent of and upon 
conditions approved by the commissioner. The commissioner may give 
his
the commissioner's
consent to resumption of business if arrangements have been made by the institution or its 
stockholders, by reorganization or otherwise, to the satisfaction of the commissioner, to pay all 
creditors of the institution, aside from the stockholders, and to remedy the default or condition 
for which possession was taken and to pay the expenses of the proceeding.
Section 20, Section 
7-2-8
 is amended to read:
7-2-8
. Special deputies or agents -- Appointment -- Bond.
The commissioner may appoint one or more special deputies or agents to assist 
him
the 
commissioner
 in the proceedings. The commissioner may fix the compensation of any agent 
appointed to assist 
him
the commissioner
. The commissioner may require from agents 
security for the faithful discharge of their duties. All bonds given under this section shall be 
deposited with the commissioner and kept in 
his
the commissioner's
 office.
Section 21, Section 
7-2-11
 is amended to read:
7-2-11
. Special counsel -- Employment by attorney general.
Upon taking possession of any institution or other person subject to the jurisdiction of 
the department, the commissioner may request the attorney general to employ special counsel 
on 
his
the commissioner's
 behalf to assist and advise 
him
the commissioner
 in connection 
with a liquidation or reorganization proceeding and the prosecution or defense of any action or 
proceeding connected with it.
Section 22, Section 
7-2-13
 is amended to read:
7-2-13
. Collections in liquidation -- Deposit -- Preference.
The money collected in process of a liquidation by the commissioner shall be from time 
to time deposited, subject to 
his
the commissioner's
 order as herein provided, in one or more 
federally insured depository institutions organized under the laws of this state. In case of the 
suspension or insolvency of the depository institution, these deposits shall be preferred before 
all other deposits.
Section 23, Section 
7-2-14
 is amended to read:
7-2-14
. Expenses during possession.
The expenses reimbursable to the commissioner during possession or in the course of 
proceedings under this chapter include the compensation of deputies, agents, clerks, and 
examiners employed by 
him
the commissioner
 and reasonable fees for counsel, accountants 
or consultants employed by 
him
the commissioner
 or on 
his
the commissioner's
 behalf. The 
compensation shall be fixed by the commissioner subject to the approval of the court. The 
expenses of the proceedings shall be paid out of the property of the institution in the hands of 
the commissioner, shall be a valid charge against that property, and shall be paid first in order 
of priority. No expenses may be paid out of the property of the institution until an account of 
the expense has been filed with and approved by the court.
Section 24, Section 
7-2-15
 is amended to read:
7-2-15
. Priority of obligations, expenses, and claims -- Distribution of balance of 
assets.
(1)
The following obligations, expenses, and claims have the following priority:
(a)
first, any obligation the commissioner may have under Subsection 
7-2-6(3)(b)
 to be 
bound by the terms, covenants, and conditions of obligations secured by assets or 
property of the institution;
(b)
second, administrative expenses, including those allowed under Section 
7-2-14
;
(c)
third, unsecured claims for wages, salaries, or commissions, including vacation, 
severance, or sick leave pay, earned by an individual within 90 days before the date 
of the commissioner's possession, in an amount not exceeding $2,000 for each 
individual;
(d)
fourth, claims of depositors. Any federal deposit insurance agency or other deposit 
insurer is subrogated to all rights of the depositors against the institution, its officers 
and directors, and its persons in control of the institution as control is defined in 
Section 
7-1-103
 to the extent of all payments made for the benefit of the depositors. 
"Payments," as used in this subsection, includes arrangements by a federal deposit 
insurance agency for the assumption or payment of the deposit liabilities by another 
institution whose deposits are insured by a federal deposit insurance agency. The 
right of any agency of the United States insuring deposits or savings obligations to be 
subrogated to the rights of depositors upon payment of their claims may not be less 
extensive than the law of the United States provides with respect to subrogation to 
the rights of depositors in national banks. For the purposes of this section, a 
contractual commitment to advance funds, including a standby letter of credit, may 
not be considered a deposit liability of the institution;
(e)
fifth, all other unsecured claims in amounts allowed by the court, including claims of 
secured creditors to the extent the amount of their claims exceed the present fair 
market value of their collateral. The claim of a lessor for damages resulting from the 
termination of a lease of property may not be allowed in an amount in excess of the 
rent reserved by the lease, without acceleration, for 60 days after the lessor 
repossessed the leased property, or the leased property was surrendered to the lessor, 
whichever first occurs, whether before or after the commissioner took possession of 
the institution, plus any unpaid rent due under the lease, without acceleration, on the 
date of possession or surrender. A claim for damages resulting from the termination 
of an employment contract, may not be allowed in an amount in excess of the 
compensation provided by the contract, without acceleration, for 90 days after the 
employee was directed to terminate, or the employee terminated, performance under 
the contract, whichever first occurs, whether before or after the commissioner took 
possession of the institution, plus any unpaid compensation due under the contract, 
without acceleration, on the date the employee was directed to terminate or the 
employee terminated performance. Claims for damages resulting from the 
termination of employment contracts of persons who were in control of the 
institution, as control is defined in Section 
7-1-103
, are not entitled to priority under 
this subsection. Claims for damages for breach of a commitment to advance funds 
shall be limited to the amount due and owing by the institution on the date the 
commissioner took possession of the institution;
(f)
sixth, claims for debt that are subordinated under the provisions of a subordination 
agreement or other instrument;
(g)
seventh, claims of persons who were at any time in control of the institution as 
control is defined in Section 
7-1-103
; and
(h)
eighth, all other claims.
(2)
The commissioner shall classify each claim presented for priority purposes under 
Subsection 
(1)
 and shall indicate the classification on any certificate issued under the 
provisions of Subsection 
7-2-6(11)
. This classification is final, subject to review by the 
court upon a timely objection filed under Subsection 
7-2-6(9)
.
(3)
When the commissioner has paid to each depositor and creditor of the institution whose 
claims have been proved and allowed the full amount of the claim, has made proper 
provision for unclaimed or unpaid deposits or dividends, and has paid all the expenses of 
the liquidation, 
he
the commissioner
 shall distribute the balance of the assets of the 
institution in 
his
the commissioner's
 possession among the shareholders of the 
institution in proportion to the holdings and classes of this stock. Unless a court of 
competent jurisdiction determines otherwise, the shareholders shall be determined by the 
books and records of the institution as of the date the commissioner took possession.
Section 25, Section 
7-2-16
 is amended to read:
7-2-16
. Interim ratable dividends.
At any time after the expiration of the date fixed for the presentation of claims and prior 
to the declaration of a final dividend the commissioner may, out of the funds remaining in 
his
the commissioner's
 hands after the payment of expenses, declare and pay, subject to their 
priorities established under Section 
7-2-15
, one or more interim ratable dividends to any 
person and in the amount and upon such notice as the court directs.
Section 26, Section 
7-2-18
 is amended to read:
7-2-18
. Plan for reorganization or liquidation of institution -- Hearing -- 
Procedure -- Effect -- Appeals.
(1)
If the commissioner has taken possession of any institution or other person under the 
jurisdiction of the department
 he
, the commissioner
 may propose to the court a plan for 
the reorganization or liquidation of the institution or the establishment of a new 
institution by filing a petition with the court, setting forth the details of the plan and 
requesting the court to set a day for hearing on the petition.
(2)
The court shall make an order fixing a day for the hearing of the petition, prescribing 
the manner in which notice of the hearing is given, and may prescribe a deadline for 
filing written objections. The court may adjourn the hearing from time to time and no 
further notice is required. At the time of hearing or any adjournment of a hearing the 
court shall take testimony, and if it appears that it is in the best interests of the depositors 
and other creditors, the court shall approve the plan.
(3)
A plan of reorganization or liquidation approved by the court shall be fully binding 
upon and constitute a final adjudication of all claims, rights, and interests of all 
depositors, creditors, shareholders, and members of the institution being reorganized or 
liquidated, and all other parties in interest with regard to the plan and with regard to any 
institution or other person receiving any assets or assuming any liabilities under the plan.
(4)
Notice of an appeal of an order approving a plan of reorganization or liquidation shall 
be filed within 10 days after the date of entry of the order appealed from.
Section 27, Section 
7-2-19
 is amended to read:
7-2-19
. Suspension of payments by institution -- Order of commissioner -- 
Approval of governor -- Period effective -- Exempt payments -- Operation during 
suspension -- Modification of orders -- Adoption of rules and regulations.
(1)
The commissioner, whenever in 
his
the commissioner's
 opinion the action is necessary 
in the public interest, may, if the governor approves, order such institutions as are 
subject to 
his
the commissioner's
 supervision to suspend the payment in any manner of 
their respective liabilities to their depositors and other creditors, except as hereinafter 
provided.
(2)
The order shall become effective upon notice, and shall continue in full force and effect 
until rescinded or modified by 
him
the commissioner
. No such order shall be issued for 
an initial period of more than 60 days, but any such order may, if the governor approves, 
be extended from time to time for further periods not exceeding 60 days each.
(3)
Nothing contained in this chapter shall affect the right of the institutions to pay current 
operating expenses and other liabilities incurred during a period of suspension.
(4)
Whenever in the opinion of the commissioner conditions warrant such action, 
he
the 
commissioner
 may, if the governor approves, authorize the issuance of clearing house 
certificates, post notes or other evidences of indebtedness, either during a period of 
suspension, or during such longer period as 
he
the commissioner
 may prescribe, and 
during a period of suspension, 
he
the commissioner
 may permit the suspended 
institution to receive deposits and may authorize any such institution to pay any part of 
its liabilities, or of any class thereof, payment of which has been suspended.
(5)
He
The commissioner
 may, if the governor approves, at any time, by order, modify or 
rescind any or all previous orders made by 
him
the commissioner
 under authority of 
this chapter.
(6)
The commissioner may, if the governor approves, prescribe such rules and regulations 
as 
he
the commissioner
 considers necessary in order to carry out the provisions of this 
chapter, and an order may be issued on such terms and conditions as may be 
incorporated in the order.
Section 28, Section 
7-3-3.2
 is amended to read:
7-3-3.2
. Securities business permitted -- Activities conducted by subsidiary -- 
Disclosure statements required.
(1)
A bank has all necessary and incidental powers to engage in the business of purchasing, 
selling, underwriting, and dealing in securities, whether as a principal for its own 
account or as agent or broker for a customer, subject to the limitations in this section.
(2)
The securities business that a bank may conduct as a principal for its own account is 
limited to the activities specified in Subsections 
(2)(a)
 through 
(d)
. A bank does not 
otherwise have power to enter securities underwriting or act as a principal in issuance or 
marketing of securities.
(a)
A bank may purchase for investment and subsequently resell those types of securities 
authorized by statute or rule of the commissioner, including, without limitation, 
shares purchased in accordance with Section 
7-3-21
 and government or other 
securities lawfully acquired for the investment or trading portfolio of the bank or any 
of its subsidiaries or affiliates in accordance with any limitation established by any 
other federal or state statute, regulation, or rule.
(b)
A bank may sell securities of any kind acquired in the ordinary course of business, 
including, without limitation, through foreclosure on pledged securities.
(c)
A bank may underwrite or deal in securities issued by a municipality, county, or 
other local governmental entity or an agency of any such governmental entity, 
securities issued by a state or any of its agencies, or securities issued by the federal 
government or any of its agencies.
(d)
A bank may establish or underwrite the securities of registered investment 
companies that are limited to operating or investing in money market funds or other 
short-term government or corporate debt instruments.
(3)
This section may not be interpreted to alter the traditional rights and powers of banks to 
issue deposit instruments or similar instruments that acknowledge receipt of money for 
customers, even though the instruments may for some purposes be considered securities.
(4)
Securities activities under this section, except those activities described in Subsections 
(2)(a)
 and 
(b)
, shall be conducted only through a subsidiary. Any such subsidiary shall 
be established pursuant to rules that the commissioner may adopt after notice and 
hearing. Any such rules shall further define the standards by which a securities 
subsidiary of a bank may be established and operated, including the requirement for 
registration, if required, as a broker-dealer with state, federal, and self-regulatory 
agencies. In addition to other standards that may be established by these rules, a bank 
may not invest more than 10% of its total capital in a securities subsidiary. For purposes 
of that determination, total capital shall be calculated in accordance with all other 
applicable statutes and rules of the commissioner, including the effect of loans from the 
bank to the subsidiary, together with capital standards established by the Federal Deposit 
Insurance Corporation. Every loan made by the bank to a securities subsidiary shall 
comply with applicable state and federal laws. In all cases, each subsidiary shall 
maintain separate corporate and financial records.
(5)
Notwithstanding Subsection 
(4)
, a bank may enter into a networking agreement with a 
registered broker-dealer for the provision of brokerage services to the bank's customers 
on the bank's premises without the need to comply with Subsection 
(4)
, 
(6)
, or 
(7)
.
(6)
The securities activities authorized by this section may be conducted from an authorized 
banking office or from a separate office of a subsidiary, and may be offered to customers 
in this state or in any other state, territory, or country, except to the extent such activities 
are limited or prohibited by the laws of the other state, territory, or country.
(7)
Before undertaking any of the direct or indirect securities activities permitted under this 
section, except those authorized by Subsection 
(2)(a)
, a bank shall apply to the 
commissioner. The commissioner shall render a decision of approval, conditional 
approval, or disapproval within 60 days from the date of receiving the application. 
Public notice is not required for any hearing on the application that may be held. 
The 
commissioner shall satisfy himself before approving the application
Before approving 
the application, the commissioner shall be satisfied
 that the bank possesses the 
managerial and financial resources necessary to conduct the securities activities safely 
and soundly.
(8)
In conducting securities activities, a bank shall in all respects comply, and cause its 
securities subsidiary to comply, with the Utah Uniform Securities Act, the Securities Act 
of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, 
and other applicable statutes, regulations, and rules.
(9)
In connection with each customer for which a bank or its securities subsidiary shall act 
as agent or broker, the bank or the subsidiary, as applicable, shall give a written 
disclosure to its customer prior to closing any single transaction or establishment of an 
account contemplating a series of transactions. The disclosure statement shall be in 
legible print and shall be in substantially the form shown in Subsection 
(9)(a)
 with 
respect to the bank and in Subsection 
(9)(b)
 with respect to any securities subsidiary.
(a)
DISCLOSURE STATEMENT
The services offered by the securities department of this bank are offered to its 
customers without regard to any other banking relationship. By signing below the customer 
acknowledges receipt of this Disclosure Statement and agrees that any contract for securities 
services is completely voluntary, and the selection of this bank for securities services has not 
been required by any other business relationship or account with the bank.
__________(month/day/year).
 CUSTOMER:
___________________________
___________________________
(b)
DISCLOSURE STATEMENT
_________________ (name of securities agency subsidiary) is a subsidiary of 
______________ (name of bank). The services offered by _________________ (name of 
subsidiary) are offered to its customers without regard to any separate banking relationship 
with _______________ (name of bank). By signing below the customer acknowledges receipt 
of this Disclosure Statement and agrees that any contract for services with _______________ 
(name of subsidiary) is completely voluntary and the selection of _______________ (name of 
subsidiary) for securities services has not been required by any business relationship with its 
parent bank.
__________(month/day/year).
 CUSTOMER:
___________________________
___________________________
Section 29, Section 
7-3-35
 is amended to read:
7-3-35
. Examinations in lieu of directors' examination -- Report filed with board 
minutes.
(1)
With the approval of the commissioner, and under rules and regulations prescribed by 
him
the commissioner
, any examination made during an 18-month period by the 
department, the applicable federal reserve bank or the Federal Deposit Insurance 
Corporation, or a certified audit prepared by an independent certified public accountant 
may be substituted for the directors' examination required under Section 
7-3-33
.
(2)
If an examination by the department, the applicable federal reserve bank, or the Federal 
Deposit Insurance Corporation or an audit by a certified public accountant, is substituted 
for the directors' examination, the board of directors of the examined bank, or an 
examining committee appointed by the board shall prepare and file with the minutes of 
the board a detailed written report of the findings and recommendations based upon the 
examination. The report shall be in addition to any other requirements prescribed by the 
commissioner.
Section 30, Section 
7-5-3
 is amended to read:
7-5-3
. Application for authorization to engage in trust business -- Criteria for 
granting -- Authority of trust company.
(1)
A person seeking authorization to become a trust company and engage in the trust 
business in this state shall file an application with the commissioner in the manner 
provided in Section 
7-1-704
, and shall pay the fee prescribed in Section 
7-1-401
.
(2)
The commissioner shall, in deciding whether or not to approve the application, take into 
account:
(a)
the character and condition of the applicant's assets;
(b)
the adequacy of its capital;
(c)
its earnings record;
(d)
the quality of its management;
(e)
the qualifications of any person proposed to be an officer in charge of the trust 
operations;
(f)
the needs of the community for fiduciary services;
(g)
the volume of business that the applicant will probably do; and
(h)
any other relevant facts and circumstances, including the availability of legal counsel 
to advise and pass upon matters relating to the trust business.
(3)
The commissioner may not apply criteria making it more difficult for a state chartered 
depository institution to obtain approval to engage in the trust business than for a 
federally chartered depository institution of the same class.
(4)
The commissioner may impose such conditions when authorizing a person to engage in 
the trust business as 
he
the commissioner
 considers appropriate to protect the public 
interest.
(5)
Upon receiving authorization from the commissioner to become a trust company and 
engage in the trust business, the trust company is qualified to act as fiduciary in any 
capacity without bond.
Section 31, Section 
7-5-12
 is amended to read:
7-5-12
. Directors' audit of trust business -- Report available to commissioner or 
examiners -- Examinations in lieu of audit.
A committee of the board of directors, exclusive of any active officers of the trust 
department, of every trust company authorized to engage in the trust business in this state 
shall, at least once during a 15-month period, make a suitable audit of the trust business 
operations of the institution or cause a suitable audit to be made by auditors responsible only to 
the board of directors and shall ascertain whether the trust business operations of the institution 
have been administered in accordance with law and sound fiduciary principles. A report of the 
audit, together with the action taken thereon, shall be made available to the commissioner, 
his
the commissioner's
 examiners, or the examiners of other trust company regulating agencies 
upon request. An examination by the state or other trust company regulating agencies or both 
made during the same period may be substituted for this audit.
Section 32, Section 
7-9-18
 is amended to read:
7-9-18
. Expulsion of member.
(1)
The board of directors or board-designated representatives may expel from the credit 
union any member who has not carried out 
his
the member's
 engagements with the 
credit union, or neglected or refused to comply with the credit union board policies, 
provisions of this chapter, or of the credit union bylaws.
(2)
If the member whose expulsion is under consideration is a member of the board of 
directors or credit committee, the supervisory committee shall call a special meeting of 
the members to hear the facts and act upon the proposed expulsion.
Section 33, Section 
7-9-31
 is amended to read:
7-9-31
. Shares held in trust.
(1)
Shares may be issued to and deposits received in the name of a minor, and these shares 
and deposits may, in the discretion of the board of directors, be withdrawn by the minor 
or by 
his
the minor's
 parent or guardian.
(2)
A credit union share account, share certificate, deposit, or deposit certificate may be 
held in trust provided that the trustor, trustee, or primary beneficiary is a member of the 
credit union.
(3)
The trustee of the trust meeting the requirements of Subsection 
(2)
 shall exercise the 
rights of the trust as a member of the credit union.
Section 34, Section 
7-9-49
 is amended to read:
7-9-49
. Limitation of personal liability of directors and committee members.
(1)
Without limiting the generality of Section 
7-9-50
, the articles of incorporation may 
include a provision eliminating or limiting the personal liability of a director, 
supervisory committee member, or credit committee member to the credit union, its 
members, or its depositors for monetary damages for any action taken or any failure to 
take any action as a director, supervisory committee member, or credit committee 
member, except liability for:
(a)
the amount of a financial benefit received by a director, supervisory committee 
member, or credit committee member to which 
he
the individual
 is not entitled;
(b)
an intentional infliction of harm on the credit union, its members, or depositors; or
(c)
an intentional violation of criminal law.
(2)
No provision authorized under this section may eliminate or limit the liability of a 
director, supervisory committee member, or credit committee member for any act or 
omission occurring prior to the date when the provision becomes effective.
(3)
Any provision authorized under this section to be included in the articles of 
incorporation may also be adopted in the bylaws or by resolution, but only if the 
provision is approved by the same percentage of members as would be required to 
approve it as an amendment to the articles of incorporation.
Section 35, Section 
7-9-50
 is amended to read:
7-9-50
. General limitation on liability.
A director, supervisory committee member, credit committee member, or officer is not 
liable to the credit union, its members, its depositors, any conservator or receiver, or any 
assignee or successor-in-interest thereof, for any action taken, or any failure to take any action, 
as a director, supervisory committee member, credit committee member, or officer, as the case 
may be, unless:
(1)
he
the director, supervisory committee member, credit committee member, or officer
has breached or failed to perform the duties of the office in compliance with this title; 
and
(2)
the breach or failure to perform constitutes gross negligence, willful misconduct, or 
intentional infliction of harm on the credit union or its members.
Section 36, Section 
7-17-5
 is amended to read:
7-17-5
. Statements.
Every lender shall furnish to the borrower, or 
his
the borrower's
 successors or assigns, 
without charge, within 60 days after the end of each calendar year, an itemized statement 
showing money
:
 (1) received for interest and principal repayment
;
 and 
(2) received and held in or disbursed from a reserve account, if any.
Section 37, Section 
7-19-3
 is amended to read:
7-19-3
. Waiver of procedures.
The commissioner may waive any of the procedures of Section 
7-1-705
 or any 
regulation of the department if 
he
the commissioner
 considers it necessary to protect the 
interest of depositors, creditors, and other customers of a failing or failed depository institution 
or failing or failed depository institution holding company in a supervisory merger or a 
supervisory acquisition.
Section 38, Section 
7-19-5
 is amended to read:
7-19-5
. Findings prerequisite to requiring or authorizing supervisory 
acquisitions or mergers by commissioner.
The commissioner may not authorize or require any transaction pursuant to Section 
7-19-2
 unless 
he
the commissioner
 determines that:
(1)
the acquiring or resulting depository institution or depository institution holding 
company has demonstrated an acceptable record of meeting the credit needs of the 
communities which it serves; and
(2)
the acquiring or resulting depository institution or depository institution holding 
company has a record of sound performance, capital adequacy, financial capacity, and 
efficient management such that the acquisition or merger will not jeopardize the 
financial stability of the acquired or merged depository institution and will not be 
detrimental to the interests of depositors, creditors, other customers of the depository 
institution, or to the public.
Section 39, Section 
7-19-9
 is amended to read:
7-19-9
. Commissioner's powers not limited -- Immunity -- Rules -- Reports.
(1)
This chapter does not limit any power otherwise granted to the commissioner or to any 
depository institution or depository institution holding company by the laws of this state.
(2)
The commissioner is not subject to any civil liability or penalty nor to any criminal 
prosecution for any error in judgment or discretion in any action taken or omitted by 
him
the commissioner
 in good faith under the provisions of this chapter.
(3)
The commissioner may promulgate such rules and regulations as may be necessary to 
implement this chapter.
(4)
By January 10 of each year, the commissioner shall report to the governor and the 
Legislature the nature and general terms and conditions of any supervisory acquisition or 
supervisory merger effectuated under the provisions of this chapter during the preceding 
year.
Section 40, Section 
8-2-2
 is amended to read:
8-2-2
. Investment of funds by Division of Finance.
The Division of Finance shall with the approval of the governor invest the money which 
may be deposited with the state treasurer under the provisions of the preceding section in the 
name of the state, in bonds or other obligations of the state or of the United States, or in 
securities in which the division is authorized to invest money in behalf of the state, and 
semiannually in each year it shall cause to be paid the accrued interest thereof to such person, 
association or corporation for the care, maintenance or improvement of any cemetery or 
cemetery lot where the money has been deposited for that purpose. If such cemetery is not 
held in private ownership, such interest shall be paid to the city or town in which the cemetery 
is located. At the time of paying such interest the treasurer shall inform the person, city, or 
town to whom it is paid of the purpose to which it is to be applied as stated in the copy of the 
instrument which is filed with 
him
the treasurer
, and the person, city, or town to whom it is 
paid shall apply it to such purpose.
Section 41, Section 
9-8-804
 is amended to read:
9-8-804
. Statute of limitations for claiming reposited materials from a collecting 
institution.
(1)
Any reposited materials in a collecting institution that are not accompanied by a transfer 
of title to those materials are considered a gift to the collecting institution when more 
than 25 years have passed from the date of the last written contact between the depositor 
or 
his
the depositor's
 successors and the collecting institution.
(2)
No depositor or any of 
his
the depositor's
 successors may bring an action against the 
collecting institution to recover the reposited materials from the collecting institution 
after 25 years have passed from the date of the last written contact between the depositor 
or 
his
the depositor's
 successors and the collecting institution.
Section 42, Section 
9-8-806
 is amended to read:
9-8-806
. Claiming reposited materials held by a collecting institution.
(1)
Any person claiming title to reposited materials held by a collecting institution shall 
demonstrate that 
he
the person
 owns all right, title, and interest in the reposited 
materials to the reasonable satisfaction of the collecting institution.
(2)
(a)
Any person claiming to represent a person claiming title to reposited materials 
held by a collecting institution shall demonstrate, to the reasonable satisfaction of the 
collecting institution, that:
(i)
he
the person claiming to represent a person claiming title to the reposited 
material
 represents every person who owns any right, title, or interest in the 
reposited materials; and
(ii)
the 
represented 
persons 
he represents 
own all right, title, and interest in the 
reposited materials.
(b)
Any person claiming 
he represents
to represent
 persons holding all right, title, and 
interest in the reposited materials may demonstrate that representation by providing 
the collecting institution with a notarized authorization from every person having any 
right, title, or interest in the reposited materials.
Section 43, Section 
9-9-203
 is amended to read:
9-9-203
. Acceptance or rejection of cession of state jurisdiction -- Proclamation 
by governor.
(1)
If the governor receives a resolution signed by the majority of any tribe, tribal council, 
or other governing body duly recognized by the Bureau of Indian Affairs of any tribe, 
community, band or group in the state certifying the results of a special election 
expressly ceding criminal or civil jurisdiction of the Indian tribe, community, band, or 
group or its lands or any portion thereof to the state of Utah within the limits authorized 
by federal law, 
he
the governor
 shall either accept or reject the cession of jurisdiction 
within 60 days.
(2)
If the governor accepts jurisdiction, 
he
the governor
 shall issue a proclamation within 
60 days to the effect that civil or criminal jurisdiction shall apply, subject to the 
limitations of this chapter, to all Indians and all Indian territory, country, lands or any 
portion thereof of the Indian body involved to the extent authorized by the resolution. 
Failure to issue the proclamation within the time prescribed is considered a rejection of 
the assumption of jurisdiction.
Section 44, Section 
10-3-202
 is amended to read:
10-3-202
. Terms of elected municipal officers.
Each elected officer of a municipality shall hold office for the term for which 
he
the 
officer
 is elected and until 
his
the officer's
 successor is chosen and qualified, unless the office 
becomes vacant under Section 
10-3-301
.
Section 45, Section 
10-3-705
 is amended to read:
10-3-705
. Requirements as to form -- Effective date.
Ordinances passed or enacted by the governing body shall be signed by the mayor, or if 
he
the mayor
 is absent, by the mayor pro tempore, or by a quorum of the governing body, and 
shall be recorded before taking effect. No ordinance shall be void or unlawful by reason of its 
failure to conform to the provisions of Subsection 
10-3-704(1)
, 
(2)
, 
(3)
 or 
(4)
. Ordinances 
which do not have an effective date shall become effective 20 days after publication or 
posting, or 30 days after final passage by the governing body, whichever is sooner.
Section 46, Section 
10-3-829
 is amended to read:
10-3-829
. Acts of officials not voided.
No official act of any municipal officer shall be invalid for the reason that 
he
the officer
failed to take the oath of office.
Section 47, Section 
10-3-904
 is amended to read:
10-3-904
. Books and supplies -- Recording, filing, and inspection.
The city engineer's office shall be supplied with all necessary books, cases and supplies 
for recording and filing as required. The city engineer shall record and file all drawings and 
documents pertaining to public lands and improvements. Those made in 
his
the city engineer's
office shall be placed on record as soon as completed and shall then be open for public 
inspections, and any person copying the same or taking notes therefrom may do so in pencil 
only. 
He
The city engineer
 shall keep the records and files in good condition and turn the 
same over to 
his
the city engineer's
 successor in office. 
He
The city engineer
 shall allow no 
alteration, mutilation or changes to be made in any matter of record, and shall be held strictly 
accountable for the same.
Section 48, Section 
10-3-906
 is amended to read:
10-3-906
. Seal.
The city engineer shall be provided with a seal by the city for 
his
the city engineer's
use, containing the words "____City, Utah, Engineering Department." The seal shall be 
affixed to every certification approval.
Section 49, Section 
10-3-915
 is amended to read:
10-3-915
. Rights to arrest without warrant.
The members of the police force shall have the power and authority, without process, to 
arrest and take into custody any person who shall commit or threaten or attempt to commit in 
the presence of the officer, or within 
his
the officer's
 view, any breach of the peace, or any 
offense directly prohibited by the laws of this state or by ordinance.
Section 50, Section 
10-8-50
 is amended to read:
10-8-50
. Disturbing the peace -- Public intoxication -- Fighting -- Obscene 
language -- Disorderly conduct -- Lewd behavior -- Interference with officers -- Trespass.
(1)
Boards of commissioners and city councils of cities may provide for the punishment of 
any person or persons for:
(a)
disturbing the peace or good order of the city;
(b)
disturbing the peace of any person or persons;
(c)
disturbing any lawful assembly;
(d)
public intoxication;
(e)
challenging, encouraging, or engaging in fighting;
(f)
using obscene or profane language in a place or under circumstances which could 
cause a breach of the peace or good order of the city;
(g)
engaging in indecent or disorderly conduct;
(h)
engaging in lewd or lascivious behavior or conduct in the city; and
(i)
interfering with any city officer in the discharge of 
his
the officer's
 duty.
(2)
Boards of commissioners and city councils of cities may provide for the punishment of 
trespass and such other petty offenses as the board of commissioners or city council may 
consider proper.
(3)
(a)
A woman's breast feeding, including breast feeding in any location where she 
otherwise may rightfully be, does not under any circumstance constitute a lewd or 
indecent act, irrespective of whether or not the breast is covered during or incidental 
to feeding.
(b)
Boards of commissioners and city councils of cities may not prohibit a woman's 
breast feeding in any location where she otherwise may rightfully be, irrespective of 
whether the breast is uncovered during or incidental to the breast feeding.
Section 51, Section 
11-3-4
 is amended to read:
11-3-4
. Enforcement -- Seizure of fireworks sold unlawfully -- Revocation of 
license.
(1)
Each county and municipal officer charged with the enforcement of state and municipal 
laws, including all fire enforcement officials and the State Fire Marshal Division of the 
Department of Public Safety, shall enforce this chapter and Sections 
53-7-220
 through 
53-7-225
, Utah Fireworks Act.
(2)
Any official charged with enforcing this chapter and the Utah Fireworks Act may:
(a)
seize display fireworks, fireworks, and unclassified fireworks that are offered for 
sale, sold, or in the possession of an individual in violation of this chapter or the Utah 
Fireworks Act; and
(b)
recommend to the state fire 
marshall
marshal
 that
 the state fire marshal revoke the 
license of
 each importer or wholesaler selling or offering to sell display fireworks, 
fireworks, or unclassified fireworks in violation of this chapter or the Utah Fireworks 
Act
 have his license revoked
.
Section 52, Section 
11-30-6
 is amended to read:
11-30-6
. Contest of petition by attorney general or county attorney -- Attorney 
general and county attorney as parties.
(1)
A copy of the petition and order shall be served on the attorney general at least 20 days 
before the hearing. Upon receipt of the petition, the attorney general shall carefully 
examine the petition and, if the petition is believed to be defective, insufficient, or 
untrue, or if, in the attorney general's opinion, a reasonable question exists as to the 
validity of the bonds, the attorney general shall contest the petition. If neither of those 
conditions exists or if one or more other parties to the action will, in the attorney 
general's opinion, competently contest the petition, the attorney general may, upon 
approval of the court, be dismissed as a defendant.
(2)
If the petition is filed by the state or any agency, authority, instrumentality, or institution 
of the state, the attorney general may not be made a party to the proceeding and notice 
shall be served on the county attorney in the county in which the largest expenditure of 
the proceeds of the bonds is expected to be made. That county attorney shall then in all 
respects perform the role of the attorney general as set forth in this section.
(3)
The attorney general or county attorney, as the case may be, may waive 
his
the
 right of 
appeal and that waiver shall be binding on all successors and assigns.
(4)
All costs of the attorney general or county attorney incurred in performing duties 
imposed by this section shall be reimbursed from the proceeds of the bonds if the bonds 
are issued.
Section 53, Section 
13-1-5
 is amended to read:
13-1-5
. Executive director's authority over division directors.
The executive director has policymaking and management jurisdiction over directors of 
the divisions and agencies within the department. 
He
The executive director
 shall appoint the 
division directors, subject to approval by the governor, unless otherwise provided by law and 
shall determine their compensation.
Section 54, Section 
13-7-4
 is amended to read:
13-7-4
. Business establishment, place of public accommodation, or enterprise 
regulated by the state denying rights deemed public nuisance -- Investigation and 
conciliation -- Action to enjoin -- Civil action for damages -- Expenses of defending action.
Any business establishment or place of public accommodation or enterprise regulated by 
the state in which a violation of the rights provided in Section 
13-7-3
 of this chapter occurs is a 
public nuisance. The operator of any such business establishment or place of public 
accommodation or enterprise regulated by the state is guilty of maintaining a public nuisance 
and may be enjoined as hereinafter provided.
(1)
Upon application to the attorney general by any person denied the rights guaranteed by 
Section 
13-7-3
, the attorney general shall investigate and seek to conciliate the matter.
(2)
An action to enjoin any nuisance defined in this section may be brought in the name of 
the state of Utah by the attorney general. Upon the trial of the cause, on finding that the 
material allegations of the complaint are true, the court shall order such nuisance to be 
abated, and enjoin all persons from maintaining or permitting such nuisance. When any 
injunction as herein provided has been granted it shall be binding upon the defendant 
and shall act as an injunction in personam against the defendant throughout the state.
(3)
Any person who is denied the rights provided for in Section 
13-7-3
 shall have a civil 
action for damages and any other remedy available in law or equity against any person 
who denies 
him
that person
 the rights provided for in Section 
13-7-3
 or who aids, 
incites or conspires to bring about such denial.
(4)
Any business establishment or place of public accommodation or enterprises regulated 
by the state charged with maintaining a public nuisance in violation of this chapter, 
which is determined or found not to be in violation of this chapter, may be awarded all 
actual and necessary expenses incurred in defending such action, as determined and 
approved by the court having jurisdiction of the matter.
Section 55, Section 
13-11-9
 is amended to read:
13-11-9
. Rule-making requirements.
(1)
In addition to complying with other rule-making requirements imposed by this act, the 
enforcing authority shall:
(a)
adopt as a rule a description of the organization of 
his
the enforcing authority's
office, stating the general course and method of operation of 
his
the
 office and 
method whereby the public may obtain information or make submissions or requests;
(b)
adopt rules of practice setting forth the nature and requirements of all formal and 
informal procedures available, including a description of the forms and instructions 
used by the enforcing authority of 
his
the enforcing authority's
 office; and
(c)
make available for public inspection all rules, written statements of policy, and 
interpretations formulated, adopted, or used by the enforcing authority in discharging 
his
the enforcing authority's
 functions.
(2)
A rule of the enforcing authority is invalid, and may not be invoked by the enforcing 
authority for any purpose, until it has been made available for public inspection under 
Subsection 
(1)
. This provision does not apply to a person who has knowledge of a rule 
before engaging in an act or practice that violates this act.
Section 56, Section 
13-11-16
 is amended to read:
13-11-16
. Investigatory powers of enforcing authority.
(1)
If, by 
his
the enforcing authority's
 own inquiries or as a result of complaints, the 
enforcing authority has reason to believe that a person has engaged in, is engaging in, or 
is about to engage in an act or practice that violates this act, 
he
the enforcing authority
may administer oaths and affirmations, subpoena witnesses or matter, and collect 
evidence.
(2)
If matter that the enforcing authority subpoenas is located outside this state, the person 
subpoenaed may either make it available to the enforcing authority at a convenient 
location within the state or pay the reasonable and necessary expenses for the enforcing 
authority or 
his
the enforcing authority's
 representative to examine the matter at the 
place where it is located. The enforcing authority may designate representatives, 
including officials of the state in which the matter is located, to inspect the matter on 
his
the enforcing authority's
 behalf, and 
he
the enforcing authority
 may respond to similar 
requests from officials of other states.
(3)
Upon failure of a person without lawful excuse to obey a subpoena and upon reasonable 
notice to all persons affected, the enforcing authority may apply to the court for an order 
compelling compliance.
(4)
In the event a witness asserts a privilege against self-incrimination, testimony and 
evidence from the witness may be compelled pursuant to 
Title 77, Chapter 22b, Grants 
of Immunity
.
Section 57, Section 
13-14a-5
 is amended to read:
13-14a-5
. Notice or consent required before changing terms of retailing 
agreement -- Limitations on pledge of personal assets -- Cancellation of retailing 
agreement.
(1)
Each manufacturer, wholesaler, financing subsidiary or division of the manufacturer, or 
any independent lender shall give the dealer prior written notice and obtain the dealer's 
consent before:
(a)
changing either the time or manner of payment;
(b)
making any changes in notes or security;
(c)
adding or releasing guarantors; or
(d)
granting extensions or renewals in payment schedules on any contract that is 
executed by the dealer in behalf of and in the name of any third purchaser of goods or 
services in which the dealer is obligated to assume contingent liability for the 
repurchase of that contract upon default by that third party.
(2)
A person who signs a security agreement or guarantee agreement with a manufacturer or 
wholesaler may not be required to pledge or encumber 
his
the person's
 personal assets 
in a value in excess of the amount of the indebtedness secured.
(3)
If any manufacturer or wholesaler fails to give notice or obtain consent under 
Subsection 
(1)
, or fails to comply with Subsection 
(2)
, the guarantee or security 
agreement affected is considered cancelled and terminated.
Section 58, Section 
13-20-4
 is amended to read:
13-20-4
. Nonconforming motor vehicles -- Replacement -- Refund -- Criteria -- 
Defenses.
(1)
If the manufacturer, its agent, or its authorized dealer is unable to conform the motor 
vehicle to any applicable express warranty by repairing or correcting any defect or 
condition that substantially impairs the use, market value, or safety of the motor vehicle 
after a reasonable number of attempts, the manufacturer shall replace the motor vehicle 
with a comparable new motor vehicle or accept return of the vehicle from the consumer 
and refund to the consumer the full purchase price including all collateral charges, less a 
reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to 
the consumer, and any lienholders or lessors as their interests may appear.
(2)
A reasonable allowance for use is that amount directly attributable to use by the 
consumer prior to 
his
the consumer's
 first report of the nonconformity to the 
manufacturer, its agent, or its authorized dealer, and during any subsequent period when 
the vehicle is not out of service because of repair.
(3)
Upon receipt of any refund or replacement under Subsection 
(1)
, the consumer, 
lienholder, or lessor shall furnish to the manufacturer clear title to and possession of the 
motor vehicle.
(4)
It is an affirmative defense to any claim under this chapter:
(a)
that an alleged nonconformity does not substantially impair the consumer's use of the 
motor vehicle and does not substantially impair the market value or safety of the 
motor vehicle; or
(b)
that an alleged nonconformity is the result of abuse, neglect, or unauthorized 
modifications or alterations of a motor vehicle by a consumer.
Section 59, Section 
13-21-4
 is amended to read:
13-21-4
. Bond, letter of credit, or certificate of deposit -- Not required of agent if 
obtained by organization.
(1)
If a credit services organization has obtained a bond, letter of credit, or certificate of 
deposit as set forth in Subsection 
13-21-3(1)
 a salesperson, agent, or representative who 
sells the services of that organization is not required to post 
his own
a
 separate bond, 
letter of credit, or certificate of deposit.
(2)
As used in this section, a person is not a salesperson, agent, or representative of a credit 
services organization unless:
(a)
the person does business under the same name as the credit services organization; or
(b)
the credit services organization and the issuer of the bond or letter of credit certify in 
writing that the bond or letter of credit covers the person.
Section 60, Section 
13-28-7
 is amended to read:
13-28-7
. Penalties -- Administrative and criminal.
(1)
Any person who violates this chapter shall be subject to:
(a)
a cease and desist order; and
(b)
an administrative fine of not less than $100 or more than $5,000 for each separate 
violation.
(2)
All administrative fines shall be deposited in the Consumer Protection Education and 
Training Fund created in Section 
13-2-8
.
(3)
Any person who intentionally violates this part is guilty of a class A misdemeanor and 
may be fined up to $10,000. A person intentionally violates this part if the violation 
occurs after the division, attorney general, or a district or county attorney notifies the 
person by certified mail that 
he
the person
 is in violation of this chapter.
Section 61, Section 
15-8-11
 is amended to read:
15-8-11
. Enforcement -- Penalties.
(1)
(a)
A lessor who fails to comply with the requirements of this chapter is liable to a 
consumer in an amount equal to the greater of:
(i)
the actual damages sustained by the consumer as a result of the lessor's failure to 
comply with this chapter; or
(ii)
25% of the total payments necessary to acquire ownership, but not less than $100 
nor more than $1,000.
(b)
A lessor may also be liable to the consumer for the costs of the action and reasonable 
attorneys'
attorney
 fees, as determined by the court.
(2)
A consumer may not take any action to offset the amount for which a lessor is 
potentially liable under Subsection 
(1)
 against any amount owed by the consumer, 
unless the amount of the lessor's liability has been determined by judgment of a court of 
competent jurisdiction in an action in which the lessor was a party. This subsection does 
not bar a consumer then in default on an obligation from asserting a violation of this 
chapter as an original action, or as a defense or counterclaim, to an action brought by a 
lessor against the consumer.
(3)
No action under this section may be brought in any court of competent jurisdiction more 
than two years after the date the consumer made 
his
the consumer's
 last rental payment 
or more than two years after the date of the occurrence of the violation that is the subject 
of the suit, whichever is later.
Section 62, Section 
16-7-2
 is amended to read:
16-7-2
. Articles of incorporation -- Execution -- Filing.
Any person who is the archbishop, bishop, president, trustee in trust, president of stake, 
president of congregation, overseer, presiding elder, or clergyman of any church or religious 
society who has been duly chosen, elected, or appointed in conformity with the constitution, 
canons, rites, regulations, or discipline of such church or religious society, and in whom is 
vested the legal title to its property, may make and subscribe articles of incorporation, 
acknowledge the same before some officer authorized to take acknowledgments, and file the 
original articles with the Division of Corporations and Commercial Code; 
he
the person who 
makes and subscribes the articles of incorporation
 shall retain a copy of these articles in 
his
the person's
 possession.
Section 63, Section 
16-10a-129
 is amended to read:
16-10a-129
. Penalty for signing false documents.
(1)
A person commits an offense if 
he
the person
 signs a document knowing it to be false 
in any material respect, with intent that the document be delivered to the division for 
filing.
(2)
An offense under this section is a class A misdemeanor punishable by a fine not to 
exceed $2,500.
Section 64, Section 
16-10a-824
 is amended to read:
16-10a-824
. Quorum and voting.
(1)
Unless the articles of incorporation or bylaws require a greater number, or, as permitted 
in Subsection 
(2)
, a lower number, a quorum of a board of directors consists of:
(a)
a majority of the fixed number of directors if the corporation has a fixed board size; 
or
(b)
a majority of the number of directors prescribed, or if no number is prescribed, of the 
number in office immediately before the meeting begins, if a range for the size of the 
board is established pursuant to Subsection 
16-10a-803(2)
.
(2)
The articles of incorporation or bylaws may authorize a quorum of a board of directors 
to consist of no fewer than 1/3 of the fixed or prescribed number of directors determined 
under Subsection 
(1)
.
(3)
If a quorum is present when a vote is taken, the affirmative vote of a majority of 
directors present is the act of the board of directors unless the articles of incorporation, 
bylaws, or this chapter require the vote of a greater number of directors.
(4)
A director who is present at a meeting of the board of directors when corporate action is 
taken is considered to have assented to the action taken at the meeting unless:
(a)
the director objects at the beginning of the meeting, or promptly upon arrival, to 
holding the meeting or transacting business at the meeting and does not thereafter 
vote for or assent to any action taken at the meeting;
(b)
the director contemporaneously requests 
his
the director's
 dissent or abstention as to 
any specific action to be entered into the minutes of the meeting; or
(c)
the director causes written notice of a dissent or abstention as to any specific action 
to be received by the presiding officer of the meeting before adjournment of the 
meeting or by the corporation promptly after adjournment of the meeting.
(5)
The right of dissent or abstention as to a specific action pursuant to Subsection 
(4)
 is not 
available to a director who votes in favor of the action taken.
Section 65, Section 
16-10a-841
 is amended to read:
16-10a-841
. Limitation of liability of directors.
(1)
Without limiting the generality of Subsection 
16-10a-840(4)
, if so provided in the 
articles of incorporation or in the bylaws or a resolution to the extent permitted in 
Subsection 
(3)
, a corporation may eliminate or limit the liability of a director to the 
corporation or to its shareholders for monetary damages for any action taken or any 
failure to take any action as a director, except liability for:
(a)
the amount of a financial benefit received by a director to which 
he
the director
 is 
not entitled;
(b)
an intentional infliction of harm on the corporation or the shareholders;
(c)
a violation of Section 
16-10a-842
; or
(d)
an intentional violation of criminal law.
(2)
No provision authorized under this section may eliminate or limit the liability of a 
director for any act or omission occurring prior to the date when the provision becomes 
effective.
(3)
Any provision authorized under this section to be included in the articles of 
incorporation may also be adopted in the bylaws or by resolution, but only if the 
provision is approved by the same percentage of shareholders of each voting group as 
would be required to approve an amendment to the articles of incorporation including 
the provision.
(4)
Any foreign corporation authorized to transact business in this state, including any 
federally chartered depository institution authorized under federal law to transact 
business in this state, may adopt any provision authorized under this section.
(5)
With respect to a corporation that is a depository institution regulated by the 
Department of Financial Institutions or by an agency of the federal government, any 
provision authorized under this section may include the elimination or limitation of the 
personal liability of a director or officer to the corporation's members or depositors.
Section 66, Section 
16-10a-853
 is amended to read:
16-10a-853
. Shareholders' action.
(1)
Shareholders' action respecting a transaction is effective for purposes of Subsection 
16-10a-851(2)(b)
 if a quorum existed pursuant to Subsection 
(2)
 and a majority of the 
votes entitled to be cast by holders of qualified shares present in person or by proxy at 
the meeting were cast in favor of the transaction after notice to shareholders describing 
the director's conflicting interest transaction, provision of the information referred to in 
Subsection 
(3)
, and required disclosure to the shareholders who voted on the transaction, 
to the extent the information was not known by them.
(2)
A majority of the votes entitled to be cast by the holders of all qualified shares 
constitutes a quorum for purposes of action that complies with this section. Subject to 
the provisions of Subsections 
(3)
 and 
(4)
, shareholders' action that otherwise complies 
with this section is not affected by the presence of holders of, or the voting of, shares 
that are not qualified shares.
(3)
For purposes of compliance with Subsection 
(1)
, a director who has a conflicting 
interest respecting the transaction shall, before the shareholders vote, inform the 
secretary or other officer or agent of the corporation authorized to tabulate votes of the 
number and the identity of persons holding or controlling the vote, of all shares that the 
director knows are beneficially owned, or the voting of which is controlled, by the 
director or by a related person of the director, or both.
(4)
If a shareholders' vote does not comply with Subsection 
(1)
 solely because of a failure 
of a director to comply with Subsection 
(3)
, and if the director establishes that the failure 
did not determine and was not intended by 
him
the director
 to influence the outcome of 
the vote, the court may, with or without further proceedings under Subsection 
16-10a-851(2)(c)
, take any action respecting the transaction and the director, and give 
any effect to the shareholders' vote, as it considers appropriate in the circumstances.
Section 67, Section 
16-10a-902
 is amended to read:
16-10a-902
. Authority to indemnify directors.
(1)
Except as provided in Subsection 
(4)
, a corporation may indemnify an individual made 
a party to a proceeding because 
he
the individual
 is or was a director, against liability 
incurred in the proceeding if:
(a)
his
the individual's
 conduct was in good faith; 
and
(b)
he
the individual
 reasonably believed that 
his
the individual's
 conduct was in, or 
not opposed to, the corporation's best interests; and
(c)
in the case of any criminal proceeding, 
he
the individual
 had no reasonable cause to 
believe 
his
the individual's
 conduct was unlawful.
(2)
A director's conduct with respect to any employee benefit plan for a purpose 
he
the 
director
 reasonably believed to be in or not opposed to the interests of the participants in 
and beneficiaries of the plan is conduct that satisfies the requirement of Subsection 
(1)(b)
.
(3)
The termination of a proceeding by judgment, order, settlement, conviction, or upon a 
plea of nolo contendere or its equivalent is not, of itself, determinative that the director 
did not meet the standard of conduct described in this section.
(4)
A corporation may not indemnify a director under this section:
(a)
in connection with a proceeding by or in the right of the corporation in which the 
director was adjudged liable to the corporation; or
(b)
in connection with any other proceeding charging that the director derived an 
improper personal benefit, whether or not involving action in 
his
the director's
official capacity, in which proceeding 
he
the director
 was adjudged liable on the 
basis that 
he
the director
 derived an improper personal benefit.
(5)
Indemnification permitted under this section in connection with a proceeding by or in 
the right of the corporation is limited to reasonable expenses incurred in connection with 
the proceeding.
Section 68, Section 
16-10a-903
 is amended to read:
16-10a-903
. Mandatory indemnification of directors.
Unless limited by its articles of incorporation, a corporation shall indemnify a director 
who was successful, on the merits or otherwise, in the defense of any proceeding, or in the 
defense of any claim, issue, or matter in the proceeding, to which 
he
the director
 was a party 
because 
he
the director
 is or was a director of the corporation, against reasonable expenses 
incurred by 
him
the director
 in connection with the proceeding or claim with respect to which 
he
the director
 has been successful.
Section 69, Section 
16-10a-908
 is amended to read:
16-10a-908
. Insurance.
A corporation may purchase and maintain liability insurance on behalf of a person who 
is or was a director, officer, employee, fiduciary, or agent of the corporation, or who, while 
serving as a director, officer, employee, fiduciary, or agent of the corporation, is or was 
serving at the request of the corporation as a director, officer, partner, trustee, employee, 
fiduciary, or agent of another foreign or domestic corporation or other person, or of an 
employee benefit plan, against liability asserted against or incurred by 
him
the person
 in that 
capacity or arising from 
his
the person's
 status as a director, officer, employee, fiduciary, or 
agent, whether or not the corporation would have power to indemnify 
him
the person
 against 
the same liability under Section 
16-10a-902
, 
16-10a-903
, or 
16-10a-907
. Insurance may be 
procured from any insurance company designated by the board of directors, whether the 
insurance company is formed under the laws of this state or any other jurisdiction of the 
United States or elsewhere, including any insurance company in which the corporation has an 
equity or any other interest through stock ownership or otherwise.
Section 70, Section 
16-10a-1302
 is amended to read:
16-10a-1302
. Right to dissent.
(1)
A shareholder, whether or not entitled to vote, is entitled to dissent from, and obtain 
payment of the fair value of shares held by 
him
the shareholder
 in the event of, any of 
the following corporate actions:
(a)
consummation of a plan of merger to which the corporation is a party if:
(i)
shareholder approval is required for the merger by Section 
16-10a-1103
 or the 
articles of incorporation; or
(ii)
the corporation is a subsidiary that is merged with its parent under Section 
16-10a-1104
;
(b)
consummation of a plan of share exchange to which the corporation is a party as the 
corporation whose shares will be acquired;
(c)
consummation of a sale, lease, exchange, or other disposition of all, or substantially 
all, of the property of the corporation for which a shareholder vote is required under 
Subsection 
16-10a-1202(1)
, but not including a sale for cash pursuant to a plan by 
which all or substantially all of the net proceeds of the sale will be distributed to the 
shareholders within one year after the date of sale; and
(d)
consummation of a sale, lease, exchange, or other disposition of all, or substantially 
all, of the property of an entity controlled by the corporation if the shareholders of the 
corporation were entitled to vote upon the consent of the corporation to the 
disposition pursuant to Subsection 
16-10a-1202(2)
.
(2)
A shareholder is entitled to dissent and obtain payment of the fair value of 
his
the 
shareholder's
 shares in the event of any other corporate action to the extent the articles of 
incorporation, bylaws, or a resolution of the board of directors so provides.
(3)
Notwithstanding the other provisions of this part, except to the extent otherwise 
provided in the articles of incorporation, bylaws, or a resolution of the board of 
directors, and subject to the limitations set forth in Subsection 
(4)
, a shareholder is not 
entitled to dissent and obtain payment under Subsection 
(1)
 of the fair value of the 
shares of any class or series of shares which either were listed on a national securities 
exchange registered under the federal Securities Exchange Act of 1934, as amended, or 
on the National Market System of the National Association of Securities Dealers 
Automated Quotation System, or were held of record by more than 2,000 shareholders, 
at the time of:
(a)
the record date fixed under Section 
16-10a-707
 to determine the shareholders entitled 
to receive notice of the shareholders' meeting at which the corporate action is 
submitted to a vote;
(b)
the record date fixed under Section 
16-10a-704
 to determine shareholders entitled to 
sign writings consenting to the proposed corporate action; or
(c)
the effective date of the corporate action if the corporate action is authorized other 
than by a vote of shareholders.
(4)
The limitation set forth in Subsection 
(3)
 does not apply if the shareholder will receive 
for 
his
the shareholder's
 shares, pursuant to the corporate action, anything except:
(a)
shares of the corporation surviving the consummation of the plan of merger or share 
exchange;
(b)
shares of a corporation which at the effective date of the plan of merger or share 
exchange either will be listed on a national securities exchange registered under the 
federal Securities Exchange Act of 1934, as amended, or on the National Market 
System of the National Association of Securities Dealers Automated Quotation 
System, or will be held of record by more than 2,000 shareholders;
(c)
cash in lieu of fractional shares; or
(d)
any combination of the shares described in Subsection 
(4)
, or cash in lieu of 
fractional shares.
(5)
A shareholder entitled to dissent and obtain payment for 
his
the shareholder's
 shares 
under this part may not challenge the corporate action creating the entitlement unless the 
action is unlawful or fraudulent with respect to 
him
the shareholder
 or to the 
corporation.
Section 71, Section 
16-10a-1327
 is amended to read:
16-10a-1327
. Special provisions relating to shares acquired after announcement 
of proposed corporate action.
(1)
A corporation may, with the dissenters' notice given pursuant to Section 
16-10a-1322
, 
state the date of the first announcement to news media or to shareholders of the terms of 
the proposed corporate action creating dissenters' rights under Section 
16-10a-1302
 and 
state that a shareholder who asserts dissenters' rights must certify in writing, in or with 
the payment demand, whether or not 
he
the dissenter
 or the person on whose behalf 
he 
asserts
the
 dissenters' rights
 are being asserted
 acquired beneficial ownership of the 
shares before that date. With respect to any dissenter who does not certify in writing, in 
or with the payment demand that 
he
the dissenter
 or the person on whose behalf the 
dissenters' rights are being asserted, acquired beneficial ownership of the shares before 
that date, the corporation may, in lieu of making the payment provided in Section 
16-10a-1325
, offer to make payment if the dissenter agrees to accept it in full 
satisfaction of 
his
the dissenter's
 demand.
(2)
An offer to make payment under Subsection 
(1)
 shall include or be accompanied by the 
information required by Subsection 
16-10a-1325(2)
.
Section 72, Section 
16-10a-1328
 is amended to read:
16-10a-1328
. Procedure for shareholder dissatisfied with payment or offer.
(1)
A dissenter who has not accepted an offer made by a corporation under Section 
16-10a-1327
 may notify the corporation in writing of 
his
the dissenter's
 own estimate of 
the fair value of 
his
the dissenter's
 shares and demand payment of the estimated 
amount, plus interest, less any payment made under Section 
16-10a-1325
, if:
(a)
the dissenter believes that the amount paid under Section 
16-10a-1325
 or offered 
under Section 
16-10a-1327
 is less than the fair value of the shares;
(b)
the corporation fails to make payment under Section 
16-10a-1325
 within 60 days 
after the date set by the corporation as the date by which it must receive the payment 
demand; or
(c)
the corporation, having failed to take the proposed corporate action creating 
dissenters' rights, does not return the deposited certificates or release the transfer 
restrictions imposed on uncertificated shares as required by Section 
16-10a-1326
.
(2)
A dissenter waives the right to demand payment under this section unless 
he
the 
dissenter
 causes the corporation to receive the notice required by Subsection 
(1)
 within 
30 days after the corporation made or offered payment for 
his
the dissenter's
 shares.
Section 73, Section 
16-10a-1408
 is amended to read:
16-10a-1408
. Enforcement of claims against dissolved corporations.
A claim may be enforced:
(1)
under Section 
16-10a-1406
 or 
16-10a-1407
 against the dissolved corporation, to the 
extent of its undistributed assets; or
(2)
against a shareholder of the dissolved corporation, if the assets have been distributed in 
liquidation; but a shareholder's total liability for all claims under this section may not 
exceed the total value of assets distributed to 
him
the shareholder
, as that value is 
determined at the time of distribution. Any shareholder required to return any portion of 
the value of assets received by 
him
the shareholder
 in liquidation shall be entitled to 
contribution from all other shareholders. The contributions shall be in accordance with 
the shareholders' respective rights and interests and may not exceed the value of the 
assets received in liquidation.
Section 74, Section 
16-10a-1602
 is amended to read:
16-10a-1602
. Inspection of records by shareholders and directors.
(1)
A shareholder or director of a corporation is entitled to inspect and copy, during regular 
business hours at the corporation's principal office, any of the records of the corporation 
described in Subsection 
16-10a-1601(5)
 if 
he
the shareholder or director
 gives the 
corporation written notice of the demand at least five business days before the date on 
which 
he
the shareholder or director
 wishes to inspect and copy.
(2)
In addition to the rights set forth in Subsection 
(1)
, a shareholder or director of a 
corporation is entitled to inspect and copy, during regular business hours at a reasonable 
location specified by the corporation, any of the following records of the corporation if 
the shareholder or director meets the requirements of Subsection 
(3)
 and gives the 
corporation written notice of the demand at least five business days before the date on 
which 
he
the shareholder or director
 wishes to inspect and copy:
(a)
excerpts from:
(i)
minutes of any meeting, records of any action taken by the board of directors, or 
by a committee of the board of directors while acting on behalf of the corporation 
in place of the board of directors;
(ii)
minutes of any meeting of the shareholders;
(iii)
records of any action taken by the shareholders without a meeting; and
(iv)
waivers of notices of any meeting of the shareholders, of any meeting of the 
board of directors, or of any meeting of a committee of the board of directors;
(b)
accounting records of the corporation; and
(c)
the record of shareholders described in Subsection 
16-10a-1601(3)
.
(3)
A shareholder or director is entitled to inspect and copy records as described in 
Subsection 
(2)
 only if:
(a)
the demand is made in good faith and for a proper purpose;
(b)
the shareholder or director describes with reasonable particularity 
his
the 
shareholder's or director's
 purpose and the records 
he
the shareholder or director
desires to inspect; and
(c)
the records are directly connected with 
his
the shareholder's or director's
 purpose.
(4)
For purposes of this section:
(a)
"proper purpose" means a purpose reasonably related to the demanding shareholder's 
or director's interest as a shareholder or director; and
(b)
"shareholder" includes a beneficial owner whose shares are held in a voting trust and 
any other beneficial owner who establishes beneficial ownership.
(5)
The right of inspection granted by this section may not be abolished by a corporation's 
articles of incorporation or bylaws.
(6)
This section does not affect:
(a)
the right of a shareholder or director to inspect records under Section 
16-10a-720
 or, 
if the shareholder or director is in litigation with the corporation, to the same extent 
as any other litigant; or
(b)
the power of a court, independent of this chapter, to compel the production of 
corporate records for examination.
(7)
A shareholder or director may not use any information obtained through the inspection 
or copying of records permitted by Subsection 
(2)
 for any purposes other than those set 
forth in a demand made under Subsection 
(3)
.
Section 75, Section 
16-10a-1603
 is amended to read:
16-10a-1603
. Scope of inspection right.
(1)
A shareholder's or director's agent or attorney has the same inspection and copying 
rights as the shareholder or director represented by the agent or attorney.
(2)
The right to copy records under Section 
16-10a-1602
 includes, if reasonable, the right to 
receive copies made by photographic, xerographic, or other means.
(3)
Except as provided in Section 
16-10a-1606
, the corporation may impose a reasonable 
charge, payable in advance, covering the costs of labor and material, for copies of any 
documents to be provided to the shareholder or director. The charge may not exceed the 
estimated cost of production or reproduction of the records.
(4)
The corporation may comply with a shareholder's or director's demand to inspect the 
record of shareholders under Subsection 
16-10a-1602(2)(c)
 by providing 
him
the 
shareholder or director
 with a list of the corporation's shareholders that complies with 
Subsection 
16-10a-1601(3)
 and was compiled no earlier than the date of the 
shareholder's or director's demand.
Section 76, Section 
16-10a-1605
 is amended to read:
16-10a-1605
. Financial statements.
Upon the written request of any shareholder, a corporation shall mail to 
him
the 
shareholder
 its most recent annual or quarterly financial statements showing in reasonable 
detail its assets and liabilities and the results of its operations.
Section 77, Section 
16-10a-1606
 is amended to read:
16-10a-1606
. Information respecting shares.
Upon the written request of any shareholder, a corporation at its own expense shall mail 
to 
him
the shareholder
 the information specified by Subsection 
16-10a-625(3)
, whether or not 
the information is also contained or summarized on any share certificate of the shareholder. 
The corporation may comply with this section by mailing articles of incorporation including 
the designations, preferences, limitations, and relative rights applicable to each class and series 
of shares and the authority of the board of directors to determine variations for any existing or 
future class or series. 
Section 78, Section 
16-10a-1608
 is amended to read:
16-10a-1608
. Statement of person named as director or officer.
(1)
Any person named as a director or officer of a domestic or foreign corporation in an 
annual report or other document on file with the division may, if 
he
the person
 does not 
hold the named position, deliver to the division for filing a statement setting forth:
(a)
(1)
his
the person's
 name;
(b)
(2)
the domestic or foreign corporation's name;
(c)
(3)
information sufficient to identify the report or other document in which 
he
the 
person
 is named as a director or officer; and
(d)
(4)
the date on which 
he
the person
 ceased to be a director or officer of the domestic 
or foreign corporation, or a statement that 
he
the person
 did not hold the position for 
which 
he
the person
 was named in the corporate report or other document.
Section 79, Section 
19-1-302
 is amended to read:
19-1-302
. Violation of laws and orders unlawful.
It is unlawful for any person:
(1)
to violate the provisions of the laws of this title or the terms of any order or rule issued 
under it; or
(2)
to fail to remove or abate from private property under the person's control at 
his
the 
person's
 own expense within 48 hours, or such other reasonable time as the department 
determines, after being ordered to do so, any nuisance, source of filth, or other sanitation 
violation.
Section 80, Section 
19-6-304
 is amended to read:
19-6-304
. Inspections.
(1)
Upon presentation of appropriate credentials and at any reasonable time, any authorized 
officer, employee, or representative of the department may:
(a)
enter and inspect any property, premises, or place where 
he
the officer, employee, or 
representative
 has reason to believe there is a hazardous materials or substances 
release;
(b)
copy any records relating to those hazardous materials or substances to determine 
compliance with this part and the rules made under authority of this part; and
(c)
inspect and take samples of any suspected hazardous material or substance.
(2)
If the department's representative takes samples of any suspected hazardous material or 
substance under authority of this section, 
he
the representative
 shall:
(a)
give a receipt describing the sample taken to the owner, operator, or agent who has 
control of the suspected hazardous material or substance;
(b)
if requested and if possible, give the owner, operator, or agent a split sample of the 
suspected hazardous material or substance equal in volume or weight to the portion 
he
the representative
 retains; and
(c)
if an analysis of any sample is made, upon request, promptly furnish a copy of the 
results of the analysis to the owner, operator, or agent.
Section 81, Section 
19-6-309
 is amended to read:
19-6-309
. Emergency provisions.
(1)
(a)
If the executive director has reason to believe any hazardous materials release that 
occurred after March 18, 1985, is presenting a direct and immediate threat to public 
health or the environment, the executive director may:
(i)
issue an order requiring the owner or operator of the facility to take abatement 
action within the time specified in the order; or
(ii)
bring suit on behalf of the state in a court with jurisdiction under Title 78A, 
Judiciary and Judicial Administration, to require the owner or operator to take 
immediate abatement action.
(b)
If the executive director determines the owner or operator cannot be located or is 
unwilling or unable to take abatement action, the executive director may:
(i)
reach an agreement with one or more potentially responsible parties to take 
abatement action; or
(ii)
use fund money to investigate the release and take abatement action.
(2)
The executive director may use money from the fund created in Section 
19-6-307
:
(a)
for abatement action even if an adjudicative proceeding or judicial review 
challenging an order or a decision to take abatement action is pending; and
(b)
to investigate a suspected hazardous materials release if 
he
the executive director
has reason to believe the release may present a direct and immediate threat to public 
health.
(3)
This section takes precedence over any conflicting provision in this part.
Section 82, Section 
19-6-312
 is amended to read:
19-6-312
. Preinvestigation requirements.
Before undertaking any remedial investigations on a facility on the hazardous substances 
priority list, the executive director shall make reasonable attempts to:
(1)
identify potentially responsible parties for each facility; and
(2)
send written notice to each potentially responsible party informing 
him
the party
 of 
his
the party's
 potential responsibility.
Section 83, Section 
19-6-314
 is amended to read:
19-6-314
. Remedial investigations of priority list sites -- Parties involved -- 
Powers of the executive director.
(1)
All remedial investigations conducted under the authority of this section shall:
(a)
meet the substantive requirements of CERCLA;
(b)
follow procedures established by the National Contingency Plan to avoid 
inconsistent state and federal action; and
(c)
include recommendations for remedial action.
(2)
(a)
After determining that a hazardous substance release is occurring from a national 
priority list site or proposed national priority list site, and identifying responsible 
parties under Section 
19-6-312
, the executive director shall make reasonable efforts 
to reach an agreement with the identified responsible parties to conduct a remedial 
investigation.
(b)
The executive director may define in the agreement the scope of the remedial 
investigation, the form of the report, and the time limits for completion of the 
investigation.
(c)
If any responsible party fails to perform as required under an agreement entered 
under the authority of this section, the executive director may take action to enforce 
the agreement.
(3)
(a)
If the executive director is unable to reach an agreement with one or more 
responsible parties to perform a remedial investigation, the executive director may 
issue an order directing one or more responsible parties to perform the remedial 
investigation.
(b)
The executive director may define in the order the scope of the remedial 
investigation, the form of the report, and the time limits for completion of the 
remedial investigation.
(4)
(a)
If the executive director is unable to obtain an agreement with one or more 
responsible parties to perform a remedial investigation, chooses not to order any 
responsible party to perform the remedial investigation, or determines that the 
remedial investigation performed by a responsible party does not meet the 
substantive requirements of CERCLA, 
he
the executive director
 may direct the 
department to conduct or correct the remedial investigation.
(b)
The executive director may recover the costs incurred in conducting a remedial 
investigation from responsible parties according to the standards contained in Section 
19-6-316
.
Section 84, Section 
19-6-315
 is amended to read:
19-6-315
. Remedial investigations of scored sites -- Parties involved -- Powers of 
the executive director.
(1)
All remedial investigations conducted under the authority of this section shall:
(a)
meet the substantive requirements of CERCLA; and
(b)
include recommendations for remedial action.
(2)
(a)
After determining that a hazardous substance release is occurring from a scored 
site and identifying responsible parties under Section 
19-6-312
, the executive director 
shall make reasonable efforts to reach an agreement with the identified responsible 
parties to perform a remedial investigation.
(b)
The executive director may define in the agreement the scope of the investigation, 
the form of the report, and the time limits for completion of the investigation.
(c)
If the potentially responsible parties fail to perform as required under an agreement 
entered under the authority of this section, the executive director may take action to 
enforce the agreement.
(3)
(a)
If the executive director is unable to reach an agreement with one or more 
responsible parties to perform a remedial investigation, or determines that the 
remedial investigation performed by responsible parties does not meet the substantive 
requirements of CERCLA, 
he
the executive director
 may direct the department to 
conduct or correct the remedial investigation.
(b)
The executive director may recover the costs incurred in conducting a remedial 
investigation from responsible parties according to the standards contained in Section 
19-6-316
.
Section 85, Section 
19-6-317
 is amended to read:
19-6-317
. Remedial investigation report -- Remedial action plan implementation 
-- Legal remedies.
(1)
Upon receipt of a remedial investigation report for a national priority list site, the 
executive director shall:
(a)
review the report;
(b)
provide a period for public comment;
(c)
issue an order defining a remedial action plan consistent with CERCLA for the 
facility; and
(d)
follow the procedures established by the National Contingency Plan to avoid 
inconsistent state and federal action.
(2)
(a)
To implement the remedial action plan, the executive director shall seek to reach 
an agreement with all responsible parties to perform the remedial action.
(b)
The executive director may define in the agreement the remedial action required and 
the time limits for completion of the remedial action.
(c)
If the responsible parties fail to perform as required under an agreement entered 
under the authority of this section, the executive director may take action to enforce 
the agreement.
(3)
(a)
If the executive director is unable to reach an agreement with one or more 
responsible parties to perform remedial action, 
he 
the executive director
 may order 
all responsible parties to perform the remedial action.
(b)
The executive director may define in the order the remedial action required and the 
time limits for completion of the remedial action.
Section 86, Section 
19-6-422
 is amended to read:
19-6-422
. Participation by state risk manager in suit, claim, or settlement.
(1)
If a suit is filed or a claim is made against a responsible party who is eligible for 
payments from the fund for bodily injury or property damage connected with a release 
of petroleum from a petroleum storage tank, the state risk manager and 
his
the state risk 
manager's
 legal counsel may participate with the responsible party and 
his
the 
responsible party's
 legal counsel in:
(a)
the defense of any suit;
(b)
determination of legal strategy and any other decisions affecting the defense of any 
suit; and
(c)
any settlement negotiations.
(2)
The state risk manager shall approve any settlement between the responsible party and a 
third party before payment of fund money is made.
Section 87, Section 
19-8-110
 is amended to read:
19-8-110
. Voluntary cleanup work plans and reports.
(1)
After the applicant and the executive director have signed the voluntary cleanup 
agreement, the applicant shall prepare and submit the appropriate work plans and reports 
to the executive director as provided in the agreement.
(2)
The executive director shall review and evaluate the work plans and reports for 
accuracy, quality, and completeness.
(3)
The executive director may approve a voluntary cleanup work plan or report, or if 
he
the executive director
 does not approve the work plan or a report, 
he
the executive 
director
 shall notify the applicant in writing concerning additional information or 
commitments necessary to obtain approval.
(4)
At any time during the evaluation of a work plan or report, the executive director may 
request the applicant to submit additional or corrected information.
(5)
After considering the proposed future use of the property that is the subject of the 
agreement, the executive director may approve work plans and reports submitted under 
this section that do not require removal or remedy of all discharges, releases, and 
threatened releases on the property if the applicant's response actions under the 
agreement:
(a)
will be completed in a manner that protects human health and the environment;
(b)
will not cause, contribute to, or exacerbate discharges, releases, or threatened 
releases on the property that are not required to be removed or remedied under the 
work plan; and
(c)
will not interfere with or substantially increase the costs of response actions to 
address any remaining discharges, releases, or threatened releases resulting from 
releases initially generated on the property.
Section 88, Section 
31A-2-105
 is amended to read:
31A-2-105
. Constitutional oath.
Before entering upon the duties of 
his
the commissioner's
 office, the commissioner 
shall take, subscribe, and file the constitutional oath. If the commissioner takes action in 
his
the commissioner's
 office before complying with this section, in good faith and without 
knowledge of this requirement, and the validity of 
his
the commissioner's
 action is then 
challenged, that person may take the oath after the action and the oath shall be given 
retroactive effect to the date on which 
he
the commissioner
 began 
his
the commissioner's
duties.
Section 89, Section 
31A-2-106
 is amended to read:
31A-2-106
. Ethical requirements for Insurance Department staff.
(1)
No employee of the Insurance Department, including the commissioner, may:
(a)
make any solicitation for any partisan political purpose or for anything that is not 
related to the public interest, as it is affected by insurance; or
(b)
continue or initiate a monetary relationship, except as policyholder, with an 
insurance agency or brokerage firm, insurance service organization, insurance 
adjuster, insurer or person affiliated with an insurer, except that:
(i)
a commissioner may receive renewal commissions or other deferred compensation 
earned before 
his
the commissioner's
 appointment if this commission or 
compensation does not require 
him
the commissioner
 to personally perform 
further service;
(ii)
a commissioner may continue to be obligated under the terms of a mortgage 
entered into prior to 
his
the commissioner's
 appointment; and
(iii)
a commissioner may continue to have the beneficial interest in or own stock in 
an insurer, noninsurance company with insurance subsidiaries, insurance agency, 
brokerage firm, or insurance service organization acquired before appointment if 
the commissioner's ownership or interest is not of such total value that the 
commissioner might receive a substantial monetary benefit by failing to act 
impartially towards the organization. A partnership interest shall be treated as if it 
were shares in a corporation.
(2)
If the commissioner has any beneficial interest or ownership in an organization outlined 
under Subsection 
(1)(b)(iii)
, or if it is known to the commissioner that 
his
the 
commissioner's
 spouse, parent, sibling, or child has an interest in any organization that, 
if held by the commissioner, would disqualify 
him
the commissioner
 from serving as 
commissioner, 
he shall disqualify himself
the commissioner is disqualified and shall 
abstain
 from all actions respecting the particular organization. The commissioner shall 
then delegate a senior staff member who is not also disqualified to act in 
his
the 
commissioner's
 place with regard to that organization. There is a rebuttable presumption 
that the commissioner or the delegate service staff member knows of any disqualifying 
holdings. The commissioner shall report a disqualification in each annual report to the 
governor as long as the disqualification continues.
(3)
The commissioner shall give the governor at least 10 days written notice of any 
solicitation to be made by the commissioner or other member of the department staff.
(4)
In addition to any other penalty, an employee violating this section may be removed 
from office.
Section 90, Section 
31A-2-111
 is amended to read:
31A-2-111
. Delegation.
(1)
Any power, duty, or function vested in the commissioner by law may be exercised, 
discharged, or performed by an employee of the Insurance Department acting in the 
commissioner's name and under 
his
the commissioner's
 delegated authority.
(2)
Any person whose own course of action depends in good faith upon proof of the 
validity of an alleged delegation is not obligated to act until shown a written delegation 
of the commissioner with the signature of the commissioner or deputy commissioner.
Section 91, Section 
31A-2-112
 is amended to read:
31A-2-112
. Advisory councils and committees.
The commissioner may create advisory councils and committees to assist 
him. He
the 
commissioner. The commissioner
 may appoint members and provide by rule for the creation, 
governance, duties, and termination of any council or committee established.
Section 92, Section 
31A-2-311
 is amended to read:
31A-2-311
. Reciprocal enforcement of foreign decrees.
(1)
As used in this section:
(a)
"Reciprocal state" means a state whose laws contain procedures substantially similar 
to those specified in this section for the enforcement of decrees or orders issued by 
courts located in other states against an insurer authorized to do business in the 
reciprocal state, and which recognizes Utah as a reciprocal state under its law.
(b)
"Foreign decree" means a decree or order of a court located in a reciprocal state, 
including a United States court located in a reciprocal state against an insurer 
authorized to do business in Utah.
(2)
The commissioner shall determine which states qualify as reciprocal states and shall 
maintain a list of them.
(3)
The attorney general, upon request of the commissioner, may proceed in the courts of 
Utah or any other state to enforce an order or decision issued in Utah in any court 
proceeding or in any administrative proceeding before the insurance commissioner.
(4)
(a)
A copy of any foreign court decree authenticated under Utah statutes or court 
rules may be filed in the office of the clerk of the Third District Court for Salt Lake 
County. The clerk, upon verifying with the commissioner that the decree or order 
qualifies as a foreign court decree, shall treat it in the same manner and give it the 
same effect as a decree of a district court of Utah.
(b)
(i)
When filing the foreign decree, the filer shall deposit with the clerk of the court 
an affidavit setting forth the name and last-known post-office address of the 
defendant in Utah.
(ii)
When the foreign decree and the affidavit are filed, the clerk shall immediately 
mail notice of the filing of the foreign decree to the defendant at the address given 
by the filer and to the commissioner, and shall note the mailing in the docket. In 
addition, the attorney general may mail a notice of the filing of the foreign decree 
to the defendant and to the commissioner. Alternatively, the commissioner may 
mail a notice of the filing of the foreign decree to the defendant, and either the 
attorney general or the commissioner may file proof of this mailing with the clerk. 
The clerk's failure to mail notice of the filing does not affect the enforcement 
proceedings if the attorney general or the commissioner has filed a proof of 
mailing.
(iii)
No execution or other process for enforcement of a foreign decree may issue 
until 30 days after the foreign decree is filed.
(c)
(i)
If the defendant shows the court that an appeal from the foreign decree is 
pending or will be taken, or that a stay of execution has been granted, the court 
shall stay enforcement of the foreign decree until the appeal is concluded, the time 
for appeal expires, or the stay of execution expires or is vacated, upon proof by 
the defendant that 
he
the defendant
 has furnished the security for the satisfaction 
of the decree required by the state in which it was rendered.
(ii)
If the defendant shows the court any ground upon which enforcement of a similar 
decree of any district court of Utah would be stayed, the court shall stay 
enforcement of the foreign decree for an appropriate period, upon proof by the 
defendant that 
he
the defendant
 has furnished the same security for satisfaction of 
the decree as is required in Utah.
(d)
A person filing a foreign decree shall pay to the clerk of the court the same fee for an 
enforcement proceeding as is required for enforcing a decree of the district court.
Section 93, Section 
31A-5-103
 is amended to read:
31A-5-103
. Orders imposing and relaxing restrictions.
(1)
The commissioner may by order subject an individual corporation not otherwise subject 
to some or all of the restrictions of Subsections 
31A-5-304(4)
, 
31A-5-305(1)(a)
, 
31A-5-305(2)(a)(i)
 and 
(ii)
, and 
31A-5-410(1)(b)
 if 
he
the commissioner
 finds after a 
hearing that the individual corporation's financial condition, management, and other 
circumstances require additional regulation for the protection of the interests of insureds 
or the public. The commissioner shall detail in writing the grounds for 
his
the 
commissioner's
 order.
(2)
The commissioner may by order free a new corporation from any or all of the 
restrictions generally applicable to new corporations under the provisions listed in 
Subsection 
(1)
, if 
he
the commissioner
 is satisfied that the corporation's financial 
condition, management, and other circumstances give assurance that the interests of 
insureds and the public will not be endangered by doing so.
Section 94, Section 
31A-5-206
 is amended to read:
31A-5-206
. Sale of securities by authorized insurer.
 A domestic insurer that has already received a certificate of authority may issue 
additional securities to obtain further financing, after obtaining a solicitation permit from the 
commissioner. The organizational permit requirements in Section 
31A-5-204
 apply if the 
commissioner prescribes its application. The phrase "organization permit" in Section 
31A-5-204
 means "solicitation permit" when being applied to this section. The solicitation 
permit terminates one year from the date of its issuance. However, this permit may be 
extended for not more than one additional year by the commissioner on terms 
he
the 
commissioner
 considers sufficient to protect the policyholders, the shareholders, and the public.
Section 95, Section 
31A-5-209
 is amended to read:
31A-5-209
. Termination and revocation of organization permit and payment of 
organization expenses.
(1)
The organization permit terminates upon:
(a)
issuance of a certificate of authority under Section 
31A-5-212
;
(b)
revocation of the organization permit under Subsection 
(2)
; or
(c)
expiration of one year after issuance, except that
:
(i)
filing with the commissioner a good-faith application for a certificate of authority 
tolls the running of the expiration period for 30 days or until the commissioner 
rejects the application, whichever is earlier; and
(ii)
on application before expiration of the year the commissioner may grant a 
reasonable extension if 
he
the commissioner
 states that 
he
the commissioner
expects the corporation to be able to satisfy the requirements for a certificate of 
authority within the extended period.
(2)
The commissioner may revoke an organization permit if:
(a)
he finds, after a hearing, that because of changes in circumstances, or because the 
facts are not as represented in the application, the conditions for issuance of a permit 
are not satisfied; or
(b)
he denies an application for a certificate of authority and finds that the corporation 
cannot reasonably be expected to satisfy the requirements for a certificate of authority 
within the remaining term of the organization permit or extension allowable under 
Subsection 
(1)(c)
.
(3)
(a)
Except in cases under Subsections 
(3)(b)
 and 
(3)(c)
, if the organization permit is 
revoked or expires before a certificate of authority is granted, after payment of the 
expenses of the state and payments to creditors under Section 
31A-5-205
, 
incorporators who have advanced money for the reasonable and authorized expenses 
of organization, including underwriting expenses, may be reimbursed in cash from 
the proceeds of share, mutual bond, or contribution note subscriptions under the 
organization permit, on itemized receipts audited by the commissioner. The total 
reimbursement may not exceed 5% of the amount received from subscribers. The 
remainder in the escrow account shall then be distributed among the subscribers in 
proportion to their contributions, valued as of the time the contributions were made. 
The bond under Section 
31A-5-205
 shall be discharged or the deposits under Section 
31A-5-205
 shall be released to the extent they are not needed for other purposes.
(b)
Reimbursement may be refused to any incorporator under Subsection 
(3)
, if the 
commissioner finds that in connection with the organization of the corporation, the 
incorporator has wilfully or negligently violated in a material way any provision of 
this chapter.
(c)
No reimbursement may be made under Subsection 
(3)(a)
 to an incorporator of an 
assessable mutual until all advance premiums collected under Subsection 
31A-5-211(5)
 have been repaid in full.
(4)
The legal existence of the corporation terminates upon completion of the payments 
under Subsection 
(3)
.
(5)
This section does not apply to stock or mutual insurance corporations already in 
existence on July 1, 1986.
Section 96, Section 
31A-5-213
 is amended to read:
31A-5-213
. Accelerated organization procedure.
(1)
The incorporators may apply for a certificate of authority without first obtaining an 
organization permit if:
(a)
their number is not more than 15;
(b)
no compensation is paid directly or indirectly for soliciting any of them;
(c)
they purchase for their own accounts all the shares proposed to be issued in the case 
of a stock corporation, or in the case of a mutual, they supply all the minimum 
permanent surplus and initial expendable surplus by contribution notes or otherwise; 
and
(d)
the shares are promotional securities and are subject to Subsection
s
31A-5-304(3)
and 
(4)
.
(2)
The application for a certificate of authority shall include:
(a)
proof that the purchase price for the shares or the proceeds of contribution notes have 
been deposited on behalf of the proposed corporation;
(b)
a statement concerning whether and what property other than money is held in trust 
for the proposed corporation; and
(c)
the information which the commissioner reasonably requires under Subsection 
31A-5-204(2)
.
(3)
The commissioner shall issue a certificate of authority if 
he
the commissioner
 finds 
that:
(a)
all requirements of law have been met;
(b)
all natural persons who are incorporators, the directors and principal officers of 
corporate incorporators, and the proposed directors and officers of the corporation 
being formed are trustworthy and collectively have the competence and experience to 
engage in the particular insurance business proposed; and
(c)
the business plan is consistent with the interests of the corporation's potential 
insureds and of the public.
(4)
The director of the Division of Corporations and Commercial Code shall issue a 
certificate of incorporation upon notice from the insurance commissioner that all the 
applicable requirements of law have been met, including the payment of fees.
(5)
When the certificate of incorporation is issued, the corporation's legal existence begins, 
the articles and bylaws become effective, and the proposed directors and officers take 
office. The certificate is conclusive evidence of compliance with this section, except in 
a proceeding by the state against the corporation.
(6)
This section does not apply to stock or mutual insurance corporations already in 
existence on July 1, 1986.
Section 97, Section 
31A-5-216
 is amended to read:
31A-5-216
. Change of domicile.
(1)
A foreign insurance corporation may become a Utah insurance corporation if it submits 
an application which evidences that the corporation complies with all of the 
requirements imposed on domestic Utah corporations. The commissioner may, by order 
after a hearing, relax the requirements of this chapter applicable to corporations in the 
process of organization that, because of the developed status of the insurer, 
he
the 
commissioner
 finds unnecessary to protect policyholders and the public. The 
commissioner shall simultaneously issue a certificate of organization under Subsection 
31A-5-204(3)
 and a certificate of authority under Subsection 
31A-5-212(2)
 when the 
conditions for both have been satisfied.
(2)
Upon approval by the commissioner, a domestic insurer may transfer its domicile to any 
other state in which it is admitted. The commissioner shall approve the transfer of 
domicile unless 
he
the commissioner
 finds that the transfer will prejudice the interests 
of policyholders, creditors, or the public in Utah. The commissioner may require a 
special deposit, reinsurance, or other protective measures as an alternative to rejecting 
the insurer's application to move. After or simultaneous with the removal of the 
corporation, it may seek entry into this state as a foreign corporation under 
Chapter 14, 
Foreign Insurers
.
(3)
The transfer of domicile of an insurance corporation under either Subsection 
(1)
 or 
Subsection 
(2)
 does not affect the obligations of the corporation under its existing 
insurance contracts or any other existing contracts.
Section 98, Section 
31A-5-303
 is amended to read:
31A-5-303
. Insider trading of securities.
(1)
Every person who is directly or indirectly the beneficial owner of more than 10% of any 
class of any equity security of a domestic stock insurance corporation, or who is a 
director or officer of a domestic stock corporation, shall file with the commissioner 
within 10 days after 
he
the person
 becomes a beneficial owner, director, or officer, and 
within 10 days after the close of any following calendar month in which there has been a 
change in 
his
the person's
 ownership or office, a statement in a form prescribed by the 
commissioner, of 
his
the person's
 office and of all the equity securities of the company 
which 
he
the person
 beneficially owns, and of all the changes in either. The 
commissioner may accept a copy of a similar statement filed with another regulatory 
authority in satisfaction of this subsection's requirement.
(2)
To prevent the unfair use of information which may have been obtained by a beneficial 
owner, director, or officer because of 
his
the beneficial owner's, director's, or officer's
relationship to the corporation, any profit realized by 
him
the beneficial owner, 
director, or officer
 from the purchase and sale or sale and purchase of any equity 
security of the corporation within any period of less than six months, unless the security 
was acquired in good faith in connection with a debt previously contracted, is 
recoverable by the corporation. This recovery may be made in spite of any intention by 
the beneficial owner, director, or officer in entering into the transaction to hold the 
security purchased or not to repurchase the security sold for a period exceeding six 
months. A suit to recover the profit may be instituted in any court of competent 
jurisdiction by the corporation. If the corporation fails to bring suit within 60 days after 
request by the owner of a security of the corporation or if the corporation fails to 
prosecute it diligently, the owner of any security of the corporation may bring suit or 
prosecute the action in the name and on behalf of the corporation. This suit may not be 
brought more than two years after the date the profit was realized. This subsection does 
not apply to any transaction where the beneficial owner was not a beneficial owner both 
at the time of the purchase and sale, or the sale and purchase, of the security involved, 
nor does it apply to any transaction which the commissioner, by rule, exempts as not 
within the purpose of this subsection.
(3)
(a)
A dealer in the ordinary course of 
his
the dealer's
 business and incident to 
his
the dealer's
 establishment or maintenance of a primary or secondary market for the 
security other than on an exchange as defined in the federal Securities Exchange Act 
of 1934, is not governed by Subsection 
(2)
 regarding a purchase and sale or sale and 
purchase. The commissioner may by rule define terms and prescribe conditions 
regarding securities held in an investment account and transactions made in the 
ordinary course of business and incident to the establishment or maintenance of a 
primary or secondary market.
(b)
Subsections 
(1)
 and 
(2)
 do not apply to foreign or domestic arbitrage transactions 
unless made in contravention of rules the commissioner adopts to carry out this 
section.
(c)
Subsections 
(1)
 and 
(2)
 do not apply to equity securities of a corporation if:
(i)
the securities are registered, or are required to be registered, under Section 12 of 
the federal Securities Exchange Act of 1934, as amended; or
(ii)
the corporation did not have any class of its equity securities held of record by 
100 or more persons on the last business day of the year preceding the year in 
which equity securities of the corporation would otherwise be subject to 
Subsections 
(1)
 and 
(2)
.
(4)
No person may, in contravention of rules the commissioner adopts for the protection of 
investors or the public, solicit or permit the use of 
his
the person's
 name to solicit a 
proxy, consent, or authorization regarding an equity security of a domestic stock 
corporation having 100 or more shareholders of record.
(5)
No provision of this section imposing liability applies to an act done or omitted in good 
faith in conformity with any rule of the commissioner. Liability does not apply even if 
the rule is amended, rescinded, or determined by judicial or other authority to be invalid 
after the act or omission.
(6)
As used in this section, "equity security" means any stock or similar security; any 
security convertible, with or without consideration, into stock or a similar security; 
carrying any warrant or right to subscribe to or purchase stock or a similar security; any 
such warrant or right; or any other security which the commissioner considers to be of 
similar nature and designates as an equity security by rules promulgated in the public 
interest or for the protection of investors.
Section 99, Section 
31A-5-304
 is amended to read:
31A-5-304
. Promoter stock.
(1)
While the organization permit is effective, the incorporators, directors, and principal 
officers of a stock corporation shall in the aggregate subscribe and pay, at the public 
offering price, at least $150,000 in cash or in property of equivalent value approved by 
the commissioner under Subsection 
31A-5-207(1)(a)
 or 
(2)(a)
, for shares offered by the 
corporation under the organization permit.
(2)
(a)
Certificates representing promotional securities and any stock received on those 
shares as the result of a stock dividend, stock split, or exercise of preemptive or 
conversion rights, shall be placed in escrow with a depository satisfactory to the 
commissioner under an agreement providing that the shares may not be transferred 
without the approval of the commissioner.
(b)
If the corporation issues any life insurance policies, any shares subject to this section 
shall be released from escrow five years after issuance of the certificate of authority. 
In other cases, the shares shall be released from escrow three years after issuance of 
the certificate of authority.
(3)
The commissioner's approval of the transfer of promoter stock under Subsection 
(2)(a)
:
(a)
shall be granted upon request, if the corporation has made an addition to earned 
surplus in each of the two immediately preceding years of at least 15% of the capital 
and surplus raised by the sale of shares under the organization permit; and
(b)
may be granted upon a showing of hardship by the shareholder or 
his
the 
shareholder's
 estate or legatee, if the release from escrow of the shares or a portion of 
the shares would not, in the commissioner's opinion, endanger the interests of 
insureds or the public.
(4)
For three years after the issuance of the certificate of authority, an option to purchase 
stock may be issued only under a plan approved by the commissioner.
(5)
This section does not apply to promotional securities issued prior to July 1, 1986.
Section 100, Section 
31A-5-307
 is amended to read:
31A-5-307
. Reduction in capital.
A stock corporation may reduce its capital by amendment of its articles of incorporation 
under Section 
31A-5-219
, if the commissioner is notified of the proposed reduction at least 60 
days prior to the proposed effective date of the reduction. The commissioner may disapprove 
the reduction within 45 days after the notice if 
he
the commissioner
 finds that it would violate 
the law or would be contrary to the interests of insureds. 
His
The commissioner's
 order shall 
explain in detail why the distribution is disapproved.
Section 101, Section 
31A-5-408
 is amended to read:
31A-5-408
. Election and removal of directors and officers of stock corporations.
(1)
Sections 
16-10a-721
, 
16-10a-724
, and 
16-10a-728
 apply to the voting of shares of a 
stock corporation.
(2)
At each annual meeting of shareholders, the shareholders shall elect directors to hold 
office until the next succeeding annual election, except as provided under Subsection 
(3)
or 
(4)
. Each director shall hold office for the term for which 
he
the director
 is elected 
and until 
his
the director's
 successor is elected and qualified, if qualification is required.
(3)
Sections 
16-10a-808
 and 
16-10a-832
 apply to removal of directors and officers of a 
stock corporation.
(4)
Each director shall be subject to election at least once every three years.
(5)
A vacancy in the board of directors may be filled by the affirmative vote of a majority 
of the remaining directors even though the number of remaining directors is less than a 
quorum. The director elected through this process shall serve only until the next regular 
shareholders meeting at which a director's election may be held.
Section 102, Section 
31A-5-507
 is amended to read:
31A-5-507
. Conversion of assessable to nonassessable and nonassessable to 
assessable mutuals.
(1)
When an assessable mutual accumulates enough surplus to satisfy the financial 
requirements for the operation of a nonassessable mutual, it may apply for a certificate 
of authority authorizing it to sell nonassessable policies. The commissioner shall issue a 
certificate of authority designating it a nonassessable mutual, if 
he
the commissioner
finds that the applicant satisfies the requirements of the law and that the issuance of 
nonassessable policies will not endanger the interests of its insureds or the public. 
Policies issued after the issuance of this certificate of authority are nonassessable. 
Existing policies remain in effect and are nonassessable.
(2)
A nonassessable mutual may apply to the commissioner for a certificate of authority 
designating it an assessable mutual. The commissioner shall issue the certificate if the 
law permits the corporation to issue assessable policies and if 
he
the commissioner
finds that the conversion will not endanger the interests of insureds or the public. All 
policies issued after conversion are assessable, unless otherwise provided by contract.
Section 103, Section 
31A-5-509
 is amended to read:
31A-5-509
. Conversion of a domestic mutual life insurance company into a 
fraternal.
A domestic mutual life insurance company may be converted into a fraternal under 
Chapter 9, Insurance Fraternals
, in the following manner:
(1)
The board of directors of the company shall adopt a plan of conversion stating:
(a)
the basis for and the purposes of the proposed action;
(b)
the proposed articles and bylaws for the new fraternal; and
(c)
the proposed procedure and estimated expenses for implementing the conversion.
(2)
The plan shall be filed with the commissioner for approval, together with the 
information under Subsection 
31A-9-205(2)
 required by the commissioner. The 
commissioner shall approve the plan unless 
he
the commissioner
 finds, after a hearing, 
that:
(a)
the conversion would be contrary to the law;
(b)
the new fraternal would not satisfy the requirements for a certificate of authority 
under Section 
31A-5-212
 as incorporated by Section 
31A-9-210
; or
(c)
the plan would be contrary to the interests of the policyholders or the public.
(3)
After being approved by the commissioner, the plan shall be submitted to the 
policyholders for their approval.
(4)
A copy of the plan adopted by the policyholders shall be filed with the commissioner, 
with a statement indicating the number and percentages of policyholders voting, the 
method of voting, and the number of votes cast in favor of the plan.
(5)
If all requirements of the law are met, the commissioner shall issue a certificate of 
authority for the new fraternal. Upon this issuance, the mutual ceases its legal existence 
and the corporate existence of the new fraternal begins. The new fraternal is considered 
as having been incorporated on the date the converted mutual was incorporated. The 
new fraternal has all of the assets and is liable for all of the obligations of the converted 
mutual. The commissioner may grant a fraternal an adjustment period, not to exceed 
one year, for compliance with the requirements of 
Chapter 9, Insurance Fraternals
. The 
commissioner's extension shall specify the extent to which particular provisions of 
Chapter 9, Insurance Fraternals
, do not apply.
Section 104, Section 
31A-5-601
 is amended to read:
31A-5-601
. Duties of officers, directors, agents, and employees.
(1)
Any officer, director, agent, attorney, or employee upon whom legal process is properly 
served or who receives notice of any legal action that may affect or involve the property 
or business of the insurer, shall promptly communicate the service or notice and detailed 
information about it to facilitate informed response to persons in the insurer's 
organization who have authority to take responsive action or to instigate responsive 
action by those in authority.
(2)
A director of an insurer is assumed to have enough knowledge of its affairs to determine 
whether any act, proceeding, or omission of its directors is a violation of any provision 
of this chapter. If a director is present at a meeting of directors at which a violation of 
any provision of this chapter occurs, 
he
the director
 is considered as concurring in the 
violation unless at the meeting 
he
the director
 requires 
his
the director's
 dissent to be 
entered on the minutes. If a director is absent from the meeting, 
he
the director
 is 
considered as concurring in any violation if the facts of violation appear on the minutes 
of the meeting and 
he
the director
 remains a director for six months after the violation 
without requiring that 
his
the director's
 dissent from the violation be entered upon the 
record or the minutes.
Section 105, Section 
31A-7-303
 is amended to read:
31A-7-303
. Board of directors.
(1)
Subject to other provisions under this section, Sections 
16-6a-801
 through 
16-6a-805
, 
and Sections 
16-6a-810
, 
16-6a-812
, 
16-6a-814
, 
16-6a-815
, and 
16-6a-816
 apply to the 
board of directors of insurers organized or operating under this chapter.
(2)
The property and lawful business of every corporation subject to this chapter shall be 
held and managed by a governing board of trustees or directors with the powers and 
authority as is necessary or incidental to the complete execution of the purposes of each 
corporation as limited by its articles of incorporation and bylaws. A board may not 
consist of less than five members. A majority of the directors shall be residents of Utah.
(3)
Any person employed by or receiving more than 10% of 
his
the person's
 income from a 
corporation licensed under this chapter, and any person related to that person within the 
second degree by blood or marriage, is an "insider." Insiders may not constitute a 
majority of the board of a corporation organized and operating under this chapter.
(4)
The board shall manage the business and affairs of the corporation and may not delegate 
its power or responsibility to do so, except to the extent authorized by Section 
31A-7-307
.
(5)
Section 
16-6a-814
 applies to the place and notice of directors' meetings.
(6)
Any director may be removed from office for cause by an affirmative vote of a majority 
of the full board at a meeting of the board called for that purpose.
Section 106, Section 
31A-7-403
 is amended to read:
31A-7-403
. Conversion to a Title 31A, Chapter 5, mutual insurer.
(1)
An insurer organized and operating under this chapter may be converted into a mutual 
insurer under 
Chapter 5, Domestic Stock and Mutual Insurance Corporations
, as 
provided in this section.
(2)
(a)
The board shall pass a resolution that the conversion is not contrary to the 
interests of the policyholders specifying the reasons for and the purposes of the 
proposed conversion, and the manner in which the conversion is expected to affect 
policyholders, particularly the policyholders that are members.
(b)
The board's resolution shall also set forth a plan of conversion which shall include:
(i)
the articles of incorporation of the new 
Chapter 5, Domestic Stock and Mutual 
Insurance Corporations
, mutual insurer, including a description of the classes of 
policyholders who, by virtue of being policyholders, will have an interest in the 
converted insurer;
(ii)
the bylaws of the new 
Chapter 5, Domestic Stock and Mutual Insurance 
Corporations
, mutual insurer;
(iii)
a description of any changes in the insurer's mode of operations after conversion 
to a 
Chapter 5, Domestic Stock and Mutual Insurance Corporations
, mutual 
insurer; and
(iv)
any other items specified by rule.
(3)
The provisions of 
Chapter 16, Insurance Holding Companies
, apply to the conversion of 
a 
Chapter 7, Nonprofit Health Service Insurance Corporations
, insurer to a 
Chapter 5, 
Domestic Stock and Mutual Insurance Corporations
, mutual insurance corporation.
(4)
The plan of conversion shall be submitted to the commissioner for approval, together 
with a projection of the planned or anticipated financial condition of the insurer for two 
years after the conversion.
(5)
The commissioner shall hold an adjudicative proceeding concerning the conversion 
application.
(6)
The commissioner shall approve the plan of conversion, unless 
he
the commissioner
finds that the plan violates the law, is contrary to the interests of policyholders or the 
public, or would result in an unfair distribution of interest among the insurer's 
policyholders.
(7)
(a)
Upon the commissioner approving the conversion under Subsection 
(6)
, the 
commissioner shall issue a new certificate of authority.
(b)
The issuance of the certificate is the conversion, and upon issuance of the certificate 
the 
Chapter 7, Nonprofit Health Service Insurance Corporations
, insurer at once 
becomes a mutual insurance corporation organized under and fully subject to 
Chapter 
5, Domestic Stock and Mutual Insurance Corporations
.
(c)
The mutual insurer is considered to have been organized at the time the converted 
Chapter 7, Nonprofit Health Service Insurance Corporations
, insurer was organized.
(d)
Unless otherwise provided in the plan of conversion, the directors, officers, agents, 
and employees of the 
Chapter 7, Nonprofit Health Service Insurance Corporations
, 
insurer shall continue in like capacity with the mutual insurance corporation.
Section 107, Section 
31A-9-103
 is amended to read:
31A-9-103
. Orders imposing and relaxing restrictions.
(1)
The commissioner may subject any fraternal to some or all of the restrictions of 
Subsections 
31A-5-305(2)(a)(i)
 and 
(ii)
, and Subsection 
31A-5-410(1)(b)
, as such 
provisions are incorporated by Sections 
31A-9-303
 and 
31A-9-407
.
(2)
The commissioner may free a fraternal from any of the restrictions applicable to 
fraternals under the provisions enumerated in Subsection 
(1)
, if 
he
the commissioner
 is 
satisfied that the fraternal's financial condition, management, and other circumstances 
give assurance that the interests of insureds and the public will not be endangered by the 
waiver.
Section 108, Section 
31A-11-106
 is amended to read:
31A-11-106
. Application for certificate of authority -- Deposit or bond.
(1)
Any corporation may apply, in the form specified by the commissioner, for a certificate 
of authority to transact a motor club business. The applicant shall include with the 
application any documents the commissioner may reasonably require, the deposit 
described in Subsection 
(2)
, which may be waived if net worth exceeds the deposit 
requirements, and the fee provided for in Section 
31A-3-103
. No person may engage in 
the motor club business without complying with this section and receiving a certificate 
of authority under Section 
31A-11-107
.
(2)
The deposit required under Subsection 
(1)
 shall comply with the requirements of 
Section 
31A-2-206
, and is $100,000. In lieu of the deposit, the applicant may supply a 
bond of a corporate surety authorized to do a surety business in this state, in the same 
sum and in a form prescribed by the commissioner, payable to the state. The deposit, or 
the bond, shall be conditioned upon the corporation's faithful performance in the sale or 
rendering of motor club service under the provisions of this chapter, and the payment of 
fines, fees, or penalties imposed on the motor club under this title. Any person with a 
claim against the deposit or bond arising from the motor club's breach of the conditions 
of the deposit or bond may bring suit in 
his
the person's
 own name to make a claim 
against the deposit or bond, or the commissioner may bring suit on behalf of claimants. 
In no event shall the liability of the surety exceed the amount of the bond, regardless of 
the number of claimants or claims made on the bond. Regardless of the number of years 
the bond continues in force or the number of premiums payable or paid, the limit of the 
surety's liability, specified as the amount of liability of the bond, is not cumulative from 
year to year or from period to period. The bond shall be forfeited up to the amount of 
actual damages sustained by any claimant or claimants. No cause of action shall be filed 
against the bond after two years from the date of termination of the bond.
(3)
If a motor club is a separate division of a corporation, the commissioner may increase 
the deposit or bond requirements to take into account the increased risk created by the 
other business of the corporation. However, the deposit or bond requirement may not be 
more than twice the amounts required under Subsection 
(2)
.
Section 109, Section 
31A-11-108
 is amended to read:
31A-11-108
. Denial of certificate of authority.
If the commissioner declines or fails to issue a certificate of authority under Section 
31A-11-107
 within a reasonable time, 
he
the commissioner
 shall issue an order giving a 
reasonably detailed explanation for the refusal or the delay.
Section 110, Section 
31A-11-110
 is amended to read:
31A-11-110
. Registration of agents.
No person may execute, issue, or deliver any motor club service contract to any person 
or receive anything of value for the contract either before or after its execution, unless 
he
the 
person executing, issuing, or delivering the contract
 is registered with the commissioner. A 
person is registered upon filing a statement including 
his
the person's
 name, home and 
business address, telephone number, and motor club represented with the commissioner, on a 
form prescribed by the commissioner, and upon payment of all the fees due under Section 
31A-3-103
. Registered persons shall give the commissioner notice of any change in 
registration information.
Section 111, Section 
31A-11-112
 is amended to read:
31A-11-112
. Bail for traffic violations.
(1)
Any insurance company that is qualified to transact a surety business in Utah may 
contract to become surety for any guaranteed arrest bond certificates issued by it or by a 
motor club, by filing with the commissioner an undertaking to become surety. The 
undertaking shall be in a form prescribed by the commissioner and shall state the 
following:
(a)
The name and address of the motor club or clubs issuing the guaranteed arrest bond 
certificates on which the company will be surety, and whether the motor club will 
issue the certificates itself.
(b)
The unqualified obligation of the company to be surety to pay, up to a specified 
dollar amount, the fine or forfeiture of any person who fails to make an appearance to 
answer the charges for which the guaranteed arrest bond certificate is posted.
(2)
Any guaranteed arrest bond certificate under Subsection 
(1)
, when posted by the 
signatory, shall be accepted in lieu of cash bail or other bond in an amount not 
exceeding the dollar amount specified under Subsection 
(1)(b)
, to guarantee the 
appearance of the person when required by any court in Utah when the person is arrested 
for violation of any Utah motor vehicle law, or any motor vehicle ordinance of any Utah 
municipality, except for driving under the influence of drugs or intoxicating liquors or 
for any felony. A law enforcement officer who issues a citation to an operator of a 
vehicle who has a valid guaranteed arrest bond certificate in 
his
the operator's
possession shall obtain the necessary information for the arrest citation, and if the 
guaranteed arrest bond certificate covers the fine for the violation, the officer shall 
release the vehicle and operator after serving the citation and receiving the guaranteed 
arrest bond from the operator. The officer shall deliver the guaranteed arrest bond to the 
appropriate court to be held as a bail bond.
(3)
A guaranteed arrest bond certificate posted as a bail bond in a district court is subject to 
the forfeiture and enforcement provisions which govern bail bonds in criminal cases. A 
guaranteed arrest bond certificate posted as a bail bond in a justice court is subject to the 
forfeiture and enforcement provisions of the charter or ordinance of the particular 
municipality which pertains to bail bonds.
(4)
A motor club may not agree to exonerate or indemnify an authorized surety issuing 
guaranteed arrest bonds under Subsection 
(1)
 for losses in connection with these bonds.
Section 112, Section 
31A-14-202
 is amended to read:
31A-14-202
. Certificate of authority.
(1)
The commissioner shall either issue a certificate of authority to an applicant under 
Section 
31A-14-201
 or issue an order refusing the certificate which explains why 
he
the 
commissioner
 finds that:
(a)
not all specific requirements of the law have been met, including the requirements of 
Section 
31A-14-209
 for an alien insurer;
(b)
the applicant is not sound, reliable, entitled to public confidence, or cannot 
reasonably be expected to perform its obligations continuously in the future;
(c)
the applicant's directors and officers or, in the case of an alien insurer, its United 
States manager, are not sufficiently trustworthy and competent to engage in the 
proposed business in this state and to comply with the laws of this state; or
(d)
the applicant has not been in existence long enough to demonstrate its competence to 
engage in the proposed business in this state.
(2)
If the commissioner finds that the applicant does not comply with all requirements of 
the law, the commissioner may, after a hearing under Section 
31A-2-301
, issue a 
certificate of authority if the purposes of each unsatisfied requirement and the protection 
of insureds, creditors, and the public in this state are otherwise achieved by:
(a)
a deposit in trust to be established and maintained under Section 
31A-2-206
;
(b)
a bond acceptable to the commissioner conditioned on the satisfaction of the 
purposes of the requirement;
(c)
special limits on the applicant's business or methods of operation in this state or 
elsewhere; or
(d)
other protective devices satisfactory to the commissioner.
(3)
The certificate of authority shall specify the terms of any deposit or bond required as a 
condition for authorization, any limits placed on the insurer's business or methods of 
operation in this state, and any other conditions imposed under Subsection 
(2)
.
(4)
An insurer may apply to the commissioner for a new certificate of authority, removing, 
altering, or adding limits on its business or methods of operation. The application shall 
be accompanied by the information specified in Section 
31A-14-201
 that the 
commissioner reasonably requires. The commissioner shall issue the new certificate as 
requested if 
he
the commissioner
 would do so if an initial application were being made.
Section 113, Section 
31A-14-216
 is amended to read:
31A-14-216
. Release from regulation.
(1)
A foreign insurer authorized under this chapter is subject to regulation under the 
applicable provisions of the Insurance Code, unless it is released from regulation under 
this section.
(2)
A foreign insurer may apply for release from regulation by filing with the commissioner:
(a)
its certificate of authority;
(b)
a schedule of its outstanding liabilities from policies issued in this state to residents 
of Utah or on risks located in Utah, and from other business transactions in Utah;
(c)
a plan for securing the discharge of those outstanding liabilities; and
(d)
any other information as reasonably required by the commissioner.
(3)
The commissioner shall promptly release the insurer from regulation if 
he
the 
commissioner
 finds all the following:
(a)
The insurer has stopped doing any new business in Utah.
(b)
The discharge of existing liabilities to creditors in Utah is sufficiently secured.
(c)
The release would not otherwise be prejudicial to the interests of insureds or 
creditors in Utah or, if the insurer is an alien insurer and Utah is the state of entry into 
the United States, of all insureds and creditors in the United States.
(4)
Before deciding on the release, the commissioner may require the insurer to notify, at its 
own expense, all agents or other classes of potentially interested persons in a manner the 
commissioner prescribes, including publication of its withdrawal from Utah. The notice 
shall advise affected persons to communicate to the commissioner any objections they 
may have to the insurer's release from regulation.
(5)
As a prerequisite for releasing the insurer, the commissioner may require a deposit 
under Section 
31A-2-206
, a bond issued by a surety authorized in Utah, or other 
appropriate security or reinsurance in a sufficient amount to secure the proper discharge 
of the insurer's remaining liabilities in Utah. The commissioner may also require the 
insurer to sign an agreement to remain subject to the jurisdiction of the commissioner 
and the courts of Utah with respect to any matter arising out of business done in Utah 
prior to the release.
Section 114, Section 
31A-15-107
 is amended to read:
31A-15-107
. Defense of action by unauthorized person.
(1)
Except under Subsection 
(3)
, no pleading, notice, order, or process in any action in court 
or in any administrative proceeding before the commissioner instituted against an 
unauthorized person under Sections 
31A-2-309
 and 
31A-2-310
 may be filed by or on 
behalf of the unauthorized person unless one of the following conditions exists:
(a)
The unauthorized person deposits with the clerk of the court in which the action or 
proceeding is pending, or with the commissioner in administrative proceedings, cash, 
securities, or a bond with sureties in an amount fixed by the court or the 
commissioner, sufficient to secure the payment or performance of any probable final 
judgment or order.
(b)
That person procures proper authorization to do an insurance business in Utah.
(c)
The commissioner, after a hearing, issues an order stating that 
he
the commissioner
is satisfied the person has funds or securities, in a state of the United States, in trust 
or otherwise, which are readily available and adequate to satisfy any probable final 
judgment or to perform in accordance with any order.
(2)
The court in any action or proceeding under this section, or the commissioner in any 
administrative proceeding under this section, may order any postponement 
he
the 
commissioner
 considers necessary to give the unauthorized person a reasonable 
opportunity to comply with Subsection 
(1)
.
(3)
Subsection 
(1)
 does not prevent an unauthorized person from filing a motion to quash a 
writ or to set aside service on the ground that the person has not done any of the acts 
specified under Subsection 
31A-15-102(2)
.
Section 115, Section 
31A-21-310
 is amended to read:
31A-21-310
. Dividends on policies.
(1)
Section 
31A-22-418
 applies to life insurance and annuities.
(2)
Any insurer may distribute a portion of surplus attributable to policies other than life 
insurance or annuities, in amounts and with classifications the board of directors 
determines to be fair and reasonable. This distribution may not be contingent on the 
renewal of any policy or of premium payments unless the policy stated that limitation 
when it was written. A schedule explaining the basis for the distribution shall be filed 
with the commissioner prior to the distribution. The schedule shall be kept confidential 
by the commissioner unless 
he
the commissioner
 finds that the interests of insureds and 
the public require that it be made public.
(3)
Any insurer may distribute surplus to any class of policyholder, even if their policies do 
not provide for it. A schedule explaining the basis for the distribution shall be filed with 
the commissioner under Subsection 
(2)
 at least 30 days prior to the distribution. The 
commissioner shall disallow any distribution which is materially unfair to other 
policyholders or which would place the insurer in a financially hazardous condition.
(4)
It is permissible to provide an indivisible dividend to classes of policyholders having 
more than one type of policy, including a combination of life or annuities with other 
types of insurance.
Section 116, Section 
31A-22-105
 is amended to read:
31A-22-105
. Common control of fiduciary funds permissible.
Any fiduciary from whom a bond, undertaking, or other obligation is required may agree 
and arrange with 
his
the fiduciary's
 sureties for the deposit for safekeeping of any and all 
assets for which 
he
the fiduciary
 is responsible with a depository institution authorized by law 
to hold the assets, in a manner which prevents the withdrawal or alienation of any part of the 
property without the written consent of the sureties, or an order of the court made after notice 
is given to the sureties and a hearing is held as directed by the court. This deposit agreement 
does not release or change the fiduciary responsibility of the principal, or the liability of the 
principal or sureties as established under the bond.
Section 117, Section 
31A-22-308
 is amended to read:
31A-22-308
. Persons covered by personal injury protection.
The following may receive benefits under personal injury protection coverage:
(1)
the named insured, when injured in an accident involving any motor vehicle, regardless 
of whether the accident occurs in this state, the United States, its territories or 
possessions, or Canada, except where the injury is the result of the use or operation of 
the named insured's own motor vehicle not actually insured under the policy;
(2)
persons related to the insured by blood, marriage, adoption, or guardianship who are 
residents of the insured's household, including those who usually make their home in the 
same household but temporarily live elsewhere under the circumstances described in 
Section
Subsection
(1)
, except where the person is injured as a result of the use or 
operation of 
his
the person's
 own motor vehicle not insured under the policy; and
(3)
any other natural person whose injuries arise out of an automobile accident occurring
:
(a)
while the person occupies a motor vehicle described in the policy with the express 
or implied consent of the named insured
;
 or 
(b)
while
if the person is
 a pedestrian 
if he
who
 is injured in an accident occurring in 
Utah involving the described motor vehicle.
Section 118, Section 
31A-22-311
 is amended to read:
31A-22-311
. Definitions.
As used in Sections 
31A-22-312
 and 
31A-22-314
:
(1)
"Authorized driver" means the person to whom the vehicle is rented and includes:
(a)
his
the
 spouse
 of the person renting the vehicle
 if 
the spouse is 
a licensed driver 
satisfying the rental company's minimum age requirement;
(b)
his
the
 employer or coworker
 of the person renting the vehicle
 if 
the employer or 
coworker is 
engaged in business activity with the renter and if 
they
the employer or 
coworker
 are licensed drivers satisfying the rental company's minimum age 
requirement;
(c)
any person who operates the vehicle during an emergency situation;
(d)
any person who operates the vehicle while parking the vehicle at a commercial 
establishment; or
(e)
any person expressly listed by the rental company on the rental agreement as an 
authorized driver.
(2)
"Damage" means any damage or loss to the rented vehicle resulting from a collision, 
including loss of use and any costs and expenses incident to the damage or loss.
(3)
"Rental agreement" means any written agreement stating the terms and conditions 
governing the use of a private passenger motor vehicle provided by a rental company.
(4)
"Rental company" means any person or organization in the business of providing 
private passenger motor vehicles to the public.
(5)
"Renter" means any person or organization obtaining the use of a private passenger 
motor vehicle from a rental company under the terms of a rental agreement.
Section 119, Section 
31A-22-312
 is amended to read:
31A-22-312
. Liability for collision damage -- No security required -- No waiver -- 
Section inapplicable to rental companies disclosing charges.
(1)
No rental company may, in rental agreements of 30 continuous days or less, hold any 
authorized driver liable for any damage except when:
(a)
the damage is caused intentionally by an authorized driver or as a result of 
his
the 
authorized driver's
 willful and wanton misconduct;
(b)
the damage arises out of the authorized driver's operation of the vehicle while 
illegally intoxicated or under the influence of any illegal drug as defined or 
determined under the law of the state where the damage occurred;
(c)
the damage is caused while the authorized driver is engaged in any speed contest;
(d)
the rental transaction is based on information supplied by the renter with the intent to 
defraud the rental company;
(e)
the damage arises out of the use of the vehicle while committing or otherwise 
engaged in a criminal act in which the use of the motor vehicle is substantially related 
to the nature of the criminal activity;
(f)
the damage arises out of the use of the motor vehicle to carry persons or property for 
hire; or
(g)
the damage arises out of the use of the motor vehicle outside of the United States or 
Canada unless the use is specifically authorized by the rental agreement.
(2)
No security or deposit for damage in any form may be required or requested by the 
rental company during the rental period, or pending the resolution of any dispute.
(3)
No waiver may be offered to provide coverage for any of the exceptions listed in this 
section.
(4)
This section does not apply to any rental company:
(a)
whose advertising in this state clearly discloses all charges and costs incidental to the 
basic daily rental rate; and
(b)
that provides written notice to renters clearly printed on the rental agreement and 
prominently displayed at its place of business, that the renter's own motor vehicle 
insurance or 
his
the renter's
 credit card agreement may cover any damage or loss to 
the rental vehicle.
Section 120, Section 
31A-22-401
 is amended to read:
31A-22-401
. Prohibited life insurance policy provisions.
No life insurance company may issue or deliver any life insurance policy subject to this 
chapter under Section 
31A-21-101
 which contains any provision:
(1)
forfeiting the policy for failure to repay any loan on the policy or to pay interest on the 
loan while the total indebtedness on the policy is less than its loan value, and in 
ascertaining the indebtedness due upon policy loans, the interest, if not paid when due, 
may be added to the principal of those loans and may bear interest at the same rate as the 
principal;
(2)
claiming that the policy was issued or became effective more than one year before the 
original application for the insurance is executed, if the insured would then be rated at an 
age more than one year younger than 
his
the insured's
 age at the date of 
his
the 
insured's
 application, unless the aggregate amount of the annual premiums for the whole 
term of the back-dated period is paid in cash;
(3)
allowing assessments or calls to be made upon policyholders; or
(4)
allowing an insurer to cancel or terminate a policy for a reason other than:
(a)
nonpayment of a premium when due; or
(b)
as allowed pursuant to Subsection 
31A-21-105
(2).
Section 121, Section 
31A-22-512
 is amended to read:
31A-22-512
. Individual insurability.
(1)
An insurer may exclude or limit the coverage under a group life policy on any person, 
including a group member's dependent, as to whom the evidence of individual 
insurability is not satisfactory to the insurer.
(2)
The group life insurance policy shall contain a provision setting forth the conditions, if 
any, under which the insurer reserves the right to require a person eligible for insurance 
to furnish satisfactory evidence to the insurer of the individual insurability as a condition 
to part or all of 
his
the person's
 coverage.
Section 122, Section 
31A-22-514
 is amended to read:
31A-22-514
. Incontestability.
The group life insurance policy shall contain a provision that the validity of the policy 
may not be contested, except for nonpayment of premiums, after it has been in force for two 
years from its date of issue. This provision shall also state that no statement made by any 
person insured under the policy relating to 
his
the person's
 insurability may be used in 
contesting the validity of the insurance with respect to which the statement was made after the 
insurance has been in force, prior to the contest, for a period of two years during the person's 
lifetime, nor may the statement be used unless it is contained in a written instrument signed by 
him
the person
. This type of provision does not preclude the assertion of defenses based upon 
provisions in the policy which relate to eligibility for coverage.
Section 123, Section 
31A-22-1005
 is amended to read:
31A-22-1005
. Payment as bar to recovery.
Payment of compensation under a workers' compensation insurance policy, whether in 
whole or in part, by either the employer or the insurer, bars recovery by the employee or 
his
the employee's
 dependents to the extent of the payment.
Section 124, Section 
31A-22-1007
 is amended to read:
31A-22-1007
. Employer's insolvency.
Every workers' compensation policy or contract shall contain a provision that the 
insolvency of the employer and 
his
the employer's
 discharge does not relieve the insurer from 
the payment of compensation for injuries or death sustained by an employee during the life of 
that policy or contract.
Section 125, Section 
31A-22-1102
 is amended to read:
31A-22-1102
. Policy and certificate forms.
(1)
Legal expense insurance may be written as individual, group, blanket, or franchise 
insurance. Each contractual obligation for legal expense insurance shall be evidenced by 
a policy. Each person insured under a group policy shall be issued a certificate of 
coverage.
(2)
Policies and certificates of legal expense insurance are subject to Section 
31A-21-201
.
(3)
The commissioner may not approve any form that does not meet all of the following 
requirements:
(a)
Policies shall contain a list and description of the legal services promised or the legal 
matters for which expenses are to be reimbursed, and any limits on the amounts to be 
reimbursed.
(b)
Certificates issued under group policies shall contain a full statement of the benefits 
provided, but may summarize the other terms of the master policy.
(c)
Policies promising legal services to be provided by a limited number of attorneys 
who have concluded provider contracts with the insurer, whether the attorney in an 
individual case is to be selected by the insured or by the insurer, shall provide for 
alternative benefits in case the insured is unable to find a participating attorney 
willing to perform the promised services or the attorney selected by the insurer is 
disqualified or otherwise unable to perform the promised services. The alternative 
benefit may consist of furnishing the services of an attorney selected and paid by the 
insurer or paying the fee of an attorney selected by the insured. The policy shall also 
provide a procedure that includes impartial review for settling disagreements about 
the grounds for demanding an alternative benefit.
(d)
No policy, except one issued by a mutual insurance company, may provide for 
assessments on policyholders or for reductions of benefits to maintain the insurer's 
solvency.
(4)
The commissioner may disapprove a policy or certificate form if 
he
the commissioner
finds that it:
(a)
is unfair, unfairly discriminatory, misleading, or encourages misrepresentation or 
misunderstanding of the contract;
(b)
provides coverage or benefits or contains other provisions that would endanger the 
solidity of the insurer; or
(c)
is contrary to law.
(5)
The commissioner may require the submission of relevant information 
he
the 
commissioner
 considers to be reasonably necessary in determining whether to approve 
or disapprove a filing.
Section 126, Section 
31A-22-1305
 is amended to read:
31A-22-1305
. Persons authorized to issue annuities.
No person may issue an annuity to another person unless the issuer is:
(1)
an insurer authorized to issue annuities under 
Chapter 5, Domestic Stock and Mutual 
Insurance Corporations
, 
Chapter 9, Insurance Fraternals
, or 
Chapter 14, Foreign Insurers
;
(2)
a domestic corporation created under 
Title 16, Chapter 6a, Utah Revised Nonprofit 
Corporation Act
, or other applicable law, or a foreign corporation conducted without 
profit, which is engaged solely in bona fide charitable, religious, missionary, 
educational, medical, or philanthropic activities; or
(3)
a natural person who issues an annuity to 
his
the person's
 spouse, children, 
grandchildren, great-grandchildren, parents, grandparents, uncles, aunts, brothers, 
sisters, nieces, or nephews, whether those relationships are by birth, marriage, or legal 
adoption.
Section 127, Section 
31A-25-201
 is amended to read:
31A-25-201
. License and authority from insurers required.
(1)
A person may not perform, offer to perform, or advertise any service as a third party 
administrator in Utah, without a valid license under Section 
31A-25-203
 and express 
authority from all insurers it represents. A person may not utilize the services of another 
as a third party administrator if 
he
the person
 knows or should know that the other does 
not have a license or the insurer authority as required by law. The commissioner shall 
be notified of the commencement or termination of insurer authority in a form 
established by rules.
(2)
The commissioner may by rule exempt certain persons or classes of persons from the 
license requirement of Subsection 
(1)
 if the functions they perform do not require the 
special competence, trustworthiness, or regulatory surveillance made possible by 
licensing.
(3)
A contract is not invalid as a result of a violation of this section.
Section 128, Section 
31A-26-211
 is amended to read:
31A-26-211
. Claims liaison.
Authorized insurers with employees engaged in insurance adjusting may be required by 
the commissioner to designate one or more natural persons to whom the commissioner or 
his
the commissioner's
 staff may direct inquiries concerning the insurer's claims adjustments. 
Insurers shall report to the commissioner the name, title, business address, telephone number 
of, and any changes in its designees under this section.
Section 129, Section 
31A-26-212
 is amended to read:
31A-26-212
. Emergency license.
In the event of a catastrophe or emergency which arises out of a disaster, act of God, 
riot, civil commotion, conflagration, or other similar occurrence, the commissioner shall, upon 
application, issue emergency licenses to persons who are not licensed adjusters. An 
emergency license shall be applied for within a week of beginning claims adjustment. It may 
remain in force for not more than 90 days, unless extended by the commissioner before it 
expires for an additional period of not more than 90 additional days. The insurer who 
contracts with an independent adjuster who is so licensed is responsible for all 
his
the 
independent adjuster's
 claims practices while so engaged, as if 
he
the independent adjuster
were a regular salaried employee. The fee for an emergency license is the same as the fee 
required of other licensed adjusters, unless the commissioner waives the fee.
Section 130, Section 
31A-28-217
 is amended to read:
31A-28-217
. Immunity.
(1)
There is no liability on the part of and no cause of action of any nature shall arise 
against any member insurer or its agents or employees, the association or its agents or 
employees, members of the board of directors, or the commissioner or 
his
the 
commissioner's
 representatives, for any action or omission by them in effecting this part.
(2)
The state does not waive any defense under this part, including the defense of 
governmental immunity. The state is not liable for any action or omission of the 
association, its members, or their respective agents or employees. The state is not liable 
for any failure of the association to perform its duties or to fulfill its stated purpose 
under this part.
Section 131, Section 
34-23-303
 is amended to read:
34-23-303
. Civil action allowed.
(1)
In addition to the administrative action authorized by Section 
34-23-401
, and criminal 
actions authorized by Sections 
34-23-302
 and 
34-23-402
, a minor employee may bring a 
civil action to enforce 
his
the minor employee's
 right to a minimum wage under Section 
34-23-301
.
(2)
(a)
An aggrieved minor employee is entitled to injunctive relief and may recover the 
difference between the wage paid and the minimum wage, plus interest.
(b)
The court may award court costs and attorney fees to the prevailing party.
(3)
An action brought under this section shall be brought within two years of the alleged 
violation.
Section 132, Section 
34-26-1
 is amended to read:
34-26-1
. Extent and condition of preference.
If any property of any person is seized through any process of any court, or when 
his
a 
person's
 business is suspended by the act of creditors or is put into the hands of a receiver, 
assignee, or trustee, either by voluntary or involuntary action, the amount owing to workmen, 
clerks, traveling or city salesmen, or servants, for work or labor performed within five months 
next preceding the seizure or transfer of the property shall be considered and treated as 
preferred debts, and the workmen, clerks, traveling and city salesmen, and servants shall be 
preferred creditors, the first to be paid in full. If there are not sufficient proceeds to pay them 
in full, then the proceeds shall be paid to them pro rata, after paying costs. No officer, 
director, or general manager of a corporation employer or any member of an association 
employer or partner of a partnership employer is entitled to this preference.
Section 133, Section 
34-38-4
 is amended to read:
34-38-4
. Samples -- Identification and collection.
In order to test reliably for the presence of drugs or alcohol, an employer may require 
samples from 
his
the employer's
 employees and prospective employees, and may require 
presentation of reliable identification to the person collecting the samples. Collection of the 
sample shall be in conformance with the requirements of Section 
34-38-6
. The employer may 
designate the type of sample to be used for testing.
Section 134, Section 
34-38-7
 is amended to read:
34-38-7
. Employer's written testing policy -- Purposes and requirements for 
collection and testing -- Employer's use of test results.
(1)
Testing or retesting for the presence of drugs or alcohol by an employer shall be carried 
out within the terms of a written policy which has been distributed to employees and is 
available for review by prospective employees.
(2)
Within the terms of 
his
the employer's
 written policy, an employer may require the 
collection and testing of samples for the following purposes:
(a)
investigation of possible individual employee impairment;
(b)
investigation of accidents in the workplace or incidents of workplace theft;
(c)
maintenance of safety for employees or the general public; or
(d)
maintenance of productivity, quality of products or services, or security of property 
or information.
(3)
The collection and testing of samples shall be conducted in accordance with Sections 
34-38-4
, 
34-38-5
, and 
34-38-6
, and need not be limited to circumstances where there are 
indications of individual, job-related impairment of an employee or prospective 
employee.
(4)
The employer's use and disposition of all drug or alcohol test results are subject to the 
limitations of Sections 
34-38-8
 and 
34-38-13
.
Section 135, Section 
34-39-2
 is amended to read:
34-39-2
. Definitions.
As used in this chapter:
(1)
"Employment invention" means any invention or part thereof conceived, developed, 
reduced to practice, or created by an employee which is:
(a)
conceived, developed, reduced to practice, or created by the employee:
(i)
within the scope of 
his
the employee's
 employment;
(ii)
on 
his
the
 employer's time; or
(iii)
with the aid, assistance, or use of any of 
his
the
 employer's property, equipment, 
facilities, supplies, resources, or intellectual property;
(b)
the result of any work, services, or duties performed by an employee for 
his
the
employer;
(c)
related to the industry or trade of the employer; or
(d)
related to the current or demonstrably anticipated business, research, or development 
of the employer.
(2)
"Intellectual property" means any and all patents, trade secrets, know-how, technology, 
confidential information, ideas, copyrights, trademarks, and service marks and any and 
all rights, applications, and registrations relating to them.
Section 136, Section 
34-39-3
 is amended to read:
34-39-3
. Scope of act -- When agreements between an employee and employer 
are enforceable or unenforceable with respect to employment inventions -- Exceptions.
(1)
An employment agreement between an employee and 
his 
employer is not enforceable 
against the employee to the extent that the agreement requires the employee to assign or 
license, or to offer to assign or license, to the employer any right or intellectual property 
in or to an invention that is:
(a)
created by the employee entirely on 
his
the employee's
 own time; and
(b)
not an employment invention.
(2)
An agreement between an employee and 
his 
employer may require the employee to 
assign or license, or to offer to assign or license, to 
his
the
 employer any or all of 
his
the employee's
 rights and intellectual property in or to an employment invention.
(3)
Subsection 
(1)
 does not apply to:
(a)
any right, intellectual property or invention that is required by law or by contract 
between the employer and the United States government or a state or local 
government to be assigned or licensed to the United States; or
(b)
an agreement between an employee and 
his 
employer which is not an employment 
agreement.
(4)
Notwithstanding Subsection 
(1)
, an agreement is enforceable under Subsection 
(1)
 if the 
employee's employment or continuation of employment is not conditioned on the 
employee's acceptance of such agreement and the employee receives a consideration 
under such agreement which is not compensation for employment.
(5)
Employment of the employee or the continuation of 
his
the employee's
 employment is 
sufficient consideration to support the enforceability of an agreement under Subsection 
(2)
 whether or not the agreement recites such consideration.
(6)
An employer may require 
his 
employees to agree to an agreement within the scope of 
Subsection 
(2)
 as a condition of employment or the continuation of employment.
(7)
An employer may not require 
his 
employees to agree to anything unenforceable under 
Subsection 
(1)
 as a condition of employment or the continuation of employment.
(8)
Nothing in this chapter invalidates or renders unenforceable any employment agreement 
or provisions of an employment agreement unrelated to employment inventions.
Section 137, Section 
34-40-205
 is amended to read:
34-40-205
. Civil action allowed.
(1)
In addition to the administrative and criminal actions authorized by this chapter, an 
employee may bring a civil action to enforce 
his
the employee's
 rights under this 
chapter.
(2)
(a)
An aggrieved employee is entitled to injunctive relief and may recover the 
difference between the wage paid and the minimum wage, plus interest.
(b)
The court may award court costs and attorney fees to the prevailing party.
(3)
An action brought under this section shall be brought within two years of the alleged 
violation.
Section 138, Section 
34A-2-207
 is amended to read:
34A-2-207
. Noncompliance -- Civil action by employees.
(1)
(a)
Employers who fail to comply with Section 
34A-2-201
 are not entitled to the 
benefits of this chapter or 
Chapter 3, Utah Occupational Disease Act
, during the 
period of noncompliance, but shall be liable in a civil action to their employees for 
damages suffered by reason of personal injuries arising out of or in the course of 
employment caused by the wrongful act, neglect, or default of the employer or any of 
the employer's officers, agents, or employees, and also to the dependents or personal 
representatives of such employees when death results from such injuries.
(b)
In any action described in Subsection 
(1)(a)
, the defendant may not 
avail himself of
use
 any of the following defenses:
(i)
the fellow-servant rule;
(ii)
assumption of risk; or
(iii)
contributory negligence.
(2)
Proof of the injury shall constitute prima facie evidence of negligence on the part of the 
employer and the burden shall be upon the employer to show freedom from negligence 
resulting in the injury.
(3)
An employer who fails to comply with Section 
34A-2-201
 is subject to Sections 
34A-2-208
 and 
34A-2-212
.
(4)
In any civil action permitted under this section against the employer, the employee shall 
be entitled to necessary costs and a reasonable attorney fee assessed against the 
employer.
Section 139, Section 
35A-4-102
 is amended to read:
35A-4-102
. Public policy -- General welfare requires creation of unemployment 
reserves -- Employment offices.
As a guide to the interpretation and application of this chapter, the public policy of this 
state is declared to be as follows: Economic insecurity due to unemployment is a serious 
menace to the health, morals, and welfare of the people of this state. Unemployment is 
therefore a subject of general interest and concern that requires appropriate action by the 
Legislature to prevent its spread and to lighten its burden which now so often falls with 
crushing force upon the unemployed worker and 
his
the unemployed worker's
 family. The 
achievement of social security requires protection against this greatest hazard of our economic 
life. This objective can be furthered by operating free public employment offices in affiliation 
with a nation-wide system of employment services, by devising appropriate methods for 
reducing the volume of unemployment and by the systematic accumulation of funds during 
periods of employment from which benefits may be paid for periods of unemployment, thus 
maintaining purchasing power and limiting the serious social consequences of unemployment. 
The Legislature, therefore, declares that in its considered judgment the public good, and the 
general welfare of the citizens of this state require the enactment of this measure, under the 
police power of the state, for the establishment and maintenance of free public employment 
offices and for the compulsory setting aside of unemployment reserves to be used for the 
benefit of unemployed persons.
Section 140, Section 
35A-4-105
 is amended to read:
35A-4-105
. Department may be represented by attorneys in actions.
(1)
In any civil action to enforce the provisions of this chapter the department may be 
represented by any qualified attorney who is employed by the department and is 
designated by it for this purpose, or at the department's request by the attorney general, 
or if the action is brought in the courts of any other state by any attorney qualified to 
appear in the courts of that state.
(2)
All criminal actions for violation of any provision of this chapter, or of any rules or 
regulations issued pursuant thereto, shall be prosecuted by the attorney general of the 
state; or, at 
his
the attorney general's
 request and under 
his
the attorney general's
direction, by the prosecuting attorney of any county in which the employing unit has a 
place of business or the violator resides.
Section 141, Section 
35A-4-207
 is amended to read:
35A-4-207
. Unemployment.
(1)
(a)
An individual is "unemployed" in any week during which 
he
the individual
performs no services and with respect to which no wages are payable to 
him
the 
individual
, or in any week of less than full-time work if the wages payable to 
him
the individual
 with respect to the week are less than 
his
the individual's
 weekly 
benefit amount.
(b)
The department shall prescribe rules applicable to unemployed individuals making 
distinctions in the procedure as to total unemployment, part-total unemployment, 
partial unemployment of individuals attached to their regular jobs, and other forms of 
short-time work, as the department considers necessary.
(2)
The department may by rule prescribe in the case of individuals working on a regular 
attachment basis the existence of unemployment for periods longer than a week if:
(a)
it is a period of less than full-time work;
(b)
insofar as possible the loss of wages required as a condition of being considered 
unemployed in those periods shall be such as to allow comparable benefits, for 
comparable loss in wages, to those individuals working less than full-time in each 
week as would be payable on a weekly claim period basis to those individuals 
working full-time and not at all in alternate weeks.
(3)
Unemployment shall in no case be measured on a basis of longer than a four-week 
period.
Section 142, Section 
35A-4-402
 is amended to read:
35A-4-402
. Extended benefits.
(1)
Except when the result would be inconsistent with the other provisions of this section or 
the rules of the department, the provisions of this chapter that apply to claims for or 
payments of regular benefits apply to claims for and payments of extended benefits.
(2)
An individual is eligible to receive extended benefits with respect to any week of 
unemployment in 
his
the individual's
 eligibility period only if the division finds that 
with respect to that week the individual:
(a)
is an "exhaustee" as defined in this section;
(b)
has satisfied the requirements of this chapter for the receipt of regular benefits that 
are applicable to individuals claiming extended benefits, including not being subject 
to a disqualification for the receipt of benefits; and
(c)
has satisfied the federal requirements as adopted by state regulation for the receipt of 
extended benefits.
(3)
The weekly extended benefit amount payable to an individual for a week of total 
unemployment in 
his
the individual's
 eligibility period is an amount equal to the weekly 
benefit amount payable to 
him
the individual
 during 
his
the individual's
 applicable 
benefit year.
(4)
The total extended benefit amount payable to any eligible individual with respect to 
his
the individual's
 applicable benefit year is the lesser of the following amounts:
(a)
50% of the total amount of regular benefits which were payable to 
him
the 
individual
 under this chapter in 
his
the individual's
 applicable benefit year;
(b)
13 times 
his
the individual's
 weekly benefit amount which was payable to 
him
the 
individual
 under this chapter for a week of total unemployment in the applicable 
benefit year; or
(c)
39 times 
his
the individual's
 weekly benefit amount which was payable to 
him
the 
individual
 under this chapter for a week of total unemployment in the applicable 
benefit year, reduced by the total amount of regular benefits which were paid or 
deemed paid to 
him
the individual
 under this chapter with respect to the benefit year.
(5)
Notwithstanding any other provision of this chapter, if the benefit year of any 
individual ends within an extended benefit period, the remaining balance of extended 
benefits that the individual would, but for this section, be entitled to receive in that 
extended benefit period, with respect to weeks of unemployment beginning after the end 
of the benefit year, shall be reduced, but not below zero, by the product of the number of 
weeks for which the individual received any amounts as trade adjustment allowances 
within that benefit year, multiplied by the individual's weekly benefit amount for 
extended benefits.
(6)
(a)
Whenever an extended benefit period is to become effective in this state as a result 
of a state "on" indicator, or an extended benefit period is to be terminated in this state 
as a result of a state "off" indicator, the division shall make an appropriate public 
announcement.
(b)
Computations required by Subsection 
(7)(f)
 shall be made by the division, in 
accordance with regulations prescribed by the United States Secretary of Labor.
(7)
As used in this section:
(a)
"Extended benefit period" means a period that:
(i)
begins with the third week after a week for which there is a state "on" indicator; 
and
(ii)
ends with either:
(A)
the third week after the first week for which there is a state "off" indicator; or
(B)
after the 13th consecutive week of duration of that period, whichever occurs 
later; however, no extended benefit period may begin by reason of a state "on" 
indicator before the 14th week following the end of a prior extended benefit 
period which was in effect with respect to this state.
(b)
There is a "state 'on' indicator" for this state for a week if the division determines, in 
accordance with the regulations of the Secretary of Labor, that for the period 
consisting of that week and the immediately preceding 12 weeks, the rate of insured 
unemployment, not seasonally adjusted, under this chapter equaled or exceeded 
120% of the average of the rates for the corresponding 13-week period ending in 
each of the preceding two calendar years and that the rate equaled or exceeded 4% 
until the weeks beginning after September 25, 1982, at which time it will become 5%.
(c)
There is a "state 'off' indicator" for this state for a week if the division determines, in 
accordance with the regulations of the Secretary of Labor, that for the period 
consisting of that week and the immediately preceding 12 weeks, the rate of insured 
unemployment, not seasonally adjusted, under this chapter was less than 120% of the 
average of the rates for the corresponding 13-week period ending in each of the 
preceding two calendar years or that the rate was less than 4% until the weeks 
beginning after September 25, 1982, at which time it will become 5%.
(d)
"Rate of insured unemployment," for purposes of Subsections 
(7)(b)
 and 
(7)(c)
, 
means the percentage derived by dividing the average weekly number of individuals 
filing claims for regular compensation in this state for weeks of unemployment with 
respect to the most recent 13-consecutive-week period, as determined by the division 
on the basis of its reports to the Secretary of Labor, by the average monthly 
employment covered under this chapter for the first four of the most recent six 
completed calendar quarters ending before the end of the 13-week period.
(e)
"Regular benefits" means benefits payable to an individual under this chapter or 
under any other state law, including benefits payable to federal civilian employees 
and to ex-servicemen under 5 U.S.C. Chapter 85, other than extended benefits.
(f)
"Extended benefits" means benefits, including benefits payable to federal civilian 
employees and to ex-servicemen under 5 U.S.C. Chapter 85, payable to an individual 
under the provisions of this section for weeks of unemployment in 
his
the 
individual's
 eligibility period.
(g)
"Eligibility period" of an individual means the period consisting of the weeks in 
his
the individual's
 benefit year which begin in an extended benefit period and, if 
his
the 
individual's
 benefit year ends within the extended benefit period, any weeks 
thereafter which begin in that period.
(h)
"Exhaustee" means an individual who, with respect to any week of unemployment in 
his
the individual's
 eligibility period:
(i)
has received, prior to that week, all of the regular benefits that were available to 
him
the individual
 under this chapter or any other state law, including dependent's 
allowances and benefits payable to federal civilian employees and ex-servicemen 
under 5 U.S.C. Chapter 85, in 
his
the individual's
 current benefit year that 
includes such week. An individual, for the purposes of this subsection, shall be 
deemed to have received all of the regular benefits that were available to 
him
the 
individual
 although, as a result of a pending appeal with respect to wages or 
employment, or both, that were not considered in the original monetary 
determination in 
his
the individual's
 benefit year, 
he
the individual
 may 
subsequently be determined to be entitled to added regular benefits; or
(ii)
has no, or insufficient, wages or employment or both on the basis of which 
he
the individual
 could establish a new benefit year that would include that week, 
his
the individual's
 benefit year having expired prior to that week; and
(iii)
has no right to unemployment benefits or allowances, as the case may be, under 
the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the 
Automotive Products Trade Act of 1965, or any other federal laws as are specified 
in regulations issued by the Secretary of Labor and has not received, and is not 
seeking, unemployment benefits under the unemployment compensation law of 
the Virgin Islands or of Canada. However, if that 
person
individual
 is seeking 
such benefits and the appropriate agency finally determines that 
he
the individual
is not entitled to benefits under that law 
he
the individual
 is considered an 
"exhaustee," provided that the reference in this subsection to the Virgin Islands 
shall be inapplicable effective on the day on which the U. S. Secretary of Labor 
approves under Section 3304 (a) of the Internal Revenue Code of 1954, 26 U.S.C. 
3304(a), an unemployment compensation law submitted to the Secretary by the 
Virgin Islands for approval.
(i)
"State law" means the unemployment insurance law of any state, approved by the 
Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954, 26 
U.S.C. 3304(a).
Section 143, Section 
35A-4-406
 is amended to read:
35A-4-406
. Claims for benefits -- Continuing jurisdiction -- Appeal -- Notice of 
decision -- Repayment of benefits fraudulently received.
(1)
(a)
Claims for benefits shall be made and shall be determined by the division or 
referred to an administrative law judge in accordance with rules adopted by the 
department.
(b)
Each employer shall post and maintain in places readily accessible to individuals in 
his
the employer's
 service printed statements concerning benefit rights, claims for 
benefits, and the other matters relating to the administration of this chapter as 
prescribed by rule of the department.
(c)
Each employer shall supply to individuals in 
his
the employer's
 service copies of the 
printed statements or other materials relating to claims for benefits when and as the 
department may by rule prescribe. The printed statements and other materials shall 
be supplied by the division to each employer without cost to the employer.
(2)
(a)
Jurisdiction over benefits shall be continuous.
(b)
Upon its own initiative or upon application of any party affected, the division may on 
the basis of change in conditions or because of a mistake as to facts, review a 
decision allowing or disallowing in whole or in part a claim for benefits.
(c)
The review shall be conducted in accordance with rules adopted by the department 
and may result in a new decision that may award, terminate, continue, increase, or 
decrease benefits, or may result in a referral of the claim to an appeal tribunal.
(d)
Notice of any redetermination shall be promptly given to the party applying for 
redetermination and to other parties entitled to notice of the original determination, in 
the manner prescribed in this section with respect to notice of an original 
determination.
(e)
The new order shall be subject to review and appeal as provided in this section.
(f)
A review may not be made after one year from the date of the original determination, 
except in cases of fraud or claimant fault as provided in Subsection 
(4)
.
(3)
(a)
The claimant or any other party entitled to notice of a determination as provided 
by department rule may file an appeal from the determination with the Division of 
Adjudication within 10 days after the date of mailing of the notice of determination 
or redetermination to the party's last-known address or, if the notice is not mailed, 
within 10 days after the date of delivery of the notice.
(b)
Unless the appeal or referral is withdrawn with permission of the administrative law 
judge, after affording the parties reasonable opportunity for a fair hearing, the 
administrative law judge shall make findings and conclusions and on that basis 
affirm, modify, or reverse the determination or redetermination.
(c)
The administrative law judge shall first give notice of the pendency of an appeal to 
the division, which may then be a party to the proceedings. The administrative law 
judge shall receive into the record of the appeal any documents or other records 
provided by the division, and may obtain or request any additional documents or 
records held by the division or any of the parties that the administrative law judge 
considers relevant to the proper determination of the appeal.
(d)
The parties shall be promptly notified of the administrative law judge's decision and 
shall be furnished with a copy of the decision and the findings and conclusions in 
support of the decision.
(e)
The decision is considered to be final unless, within 30 days after the date of mailing 
of notice and a copy of the decision to the party's last-known address, or in the 
absence of mailed notice, within 30 days after the delivery of the notice, further 
appeal is initiated in accordance with Section 
35A-4-508
 and 
Chapter 1, Part 3, 
Adjudicative Proceedings
.
(4)
(a)
Any person who, by reason of 
his
that person's
 fraud, has received any sum as 
benefits under this chapter to which 
he
the person
 was not entitled shall repay the 
sum to the division for the fund.
(b)
If any person, by reason of 
his
that person's
 own fault, has received any sum as 
benefits under this chapter to which under a redetermination or decision pursuant to 
this section 
he
the person
 has been found not entitled, 
he
the person
 shall repay the 
sum, or shall, in the discretion of the division, have the sum deducted from any future 
benefits payable to 
him
the person
, or both.
(c)
In any case in which under this subsection a claimant is liable to repay to the division 
any sum for the fund, the sum shall be collectible in the same manner as provided for 
contributions due under this chapter.
(5)
(a)
If any person has received any sum as benefits under this chapter to which under a 
redetermination or decision 
he
that person
 was not entitled, and it has been found 
that 
he
the person
 was without fault in the matter, 
he
the person
 is not liable to 
repay the sum but shall be liable to have the sum deducted from any future benefits 
payable to 
him
the person
.
(b)
The division may waive recovery of the overpayment if it is shown to the satisfaction 
of the division that the claimant has the inability to meet more than the basic needs of 
survival for an indefinite period lasting at least several months.
Section 144, Section 
36-19-1
 is amended to read:
36-19-1
. Conflict of interest -- Prohibition of benefit.
(1)
A legislator, member of 
his
the legislator's
 household, or client shall not be a party to 
or have an interest in the profits or benefits of a state contract when the state contract is 
the direct result of a bill sponsored by the legislator unless the contract is let in 
compliance with state procurement policies and is open to the general public.
(2)
Any person violating this section shall be guilty of a class B misdemeanor.
Section 145, Section 
38-2-4
 is amended to read:
38-2-4
. Disposal of property by lienholder -- Procedure.
(1)
Any party holding a lien upon personal property as provided in this chapter may dispose 
of the property in the manner provided in Subsection (2).
(2)
(a)
The lienor shall give notice to the owner of the property, to the customer as 
indicated on the work order, and to all other persons claiming an interest in or lien on 
it, as disclosed by the records of the Motor Vehicle Division, lieutenant governor's 
office, or of corresponding agencies of any other state in which the property appears 
registered or an interest in or lien on it is evidenced if known by the lienor.
(b)
The notice shall be sent by certified mail at least 30 days before the proposed or 
scheduled date of any sale and shall contain:
(i)
a description of the property and its location;
(ii)
the name and address of the owner of the property, the customer as indicated on 
the work order, and any person claiming an interest in or lien on the property;
(iii)
the name, address, and telephone number of the lienor;
(iv)
notice that the lienor claims a lien on the property for labor and services 
performed and interest and storage fees charged, if any, and the cash sum which, 
if paid to the lienor, would be sufficient to redeem the property from the lien 
claimed by the lienor;
(v)
notice that the lien claimed by the lienor is subject to enforcement under this 
section and that the property may be sold to satisfy the lien;
(vi)
the date, time, and location of any proposed or scheduled sale of the property and 
whether the sale is private or public, except that no property may be sold earlier 
than 45 days after completion of the repair work; and
(vii)
notice that the owner of the property has a right to recover possession of the 
property without instituting judicial proceedings by posting bond.
(3)
If the owner of the property is unknown or 
his
the property owner's
 whereabouts 
cannot be determined, or if the owner or any person notified under Subsection (2) fails 
to acknowledge receipt of the notice, the lienor, at least 20 days before the proposed or 
scheduled date of sale of the property, shall publish the notice required by this section 
once in a newspaper circulated in the county where the vehicle is held.
(4)
A lienee may have 
his
the lienee's
 property released from any lien claimed on it under 
this chapter by filing with the clerk of a court a cash or surety bond, payable to the 
person claiming the lien, and conditioned for the payment of any judgment that may be 
recovered on the lien, with costs, interest, and storage fees.
(5)
(a)
The lienor has 60 days after receiving notice that the lienee has filed the bond 
provided in Subsection (4) to file suit to foreclose 
his
the
 lien.
(b)
If the lienor fails to timely file an action, the clerk of the court shall release the bond.
(6)
Property subject to lien enforcement under this section may be sold by the lienor at 
public or private sale; however, in the case of a private sale, every aspect of the sale, 
including the method, manner, time, place, and terms shall be commercially reasonable.
(7)
This section may not be construed to affect an owner's right to redeem 
his
the owner's
property from the lien at any time prior to sale by paying the amount claimed by the 
lienor for work done, interest, and storage fees charged and any costs incurred by the 
repair shop for using enforcement procedures under this section.
Section 146, Section 
38-3-5
 is amended to read:
38-3-5
. When attachment will issue -- Determination of priorities.
Upon the filing of such complaint, affidavit and bond it shall be the duty of the court 
wherein the same are filed to issue a writ of attachment to the proper officer, commanding 
him
the officer
 to seize the property of the defendant subject to such lien, or so much thereof as 
will satisfy the demand, and to make a determination of the priorities of the claims, liens, and 
security interests in such property.
Section 147, Section 
38-7-2
 is amended to read:
38-7-2
. Notice of lien required -- Filing with district court -- Mailing to injured 
person, heirs or legal representative, and insurance carrier.
 A hospital lien upon damages recovered or to be recovered for personal injuries or 
death shall be effective if:
(1)
a verified written notice is filed in the district court of the county in which the hospital 
asserting the lien is located containing:
(a)
an itemized statement of the services rendered to the injured person and the dates of 
the services;
(b)
the name and address of the hospital making the claim;
(c)
the name of the person, firm, or corporation alleged to be liable to the injured party 
for the injuries and damages sustained; and
(d)
the full name and address of the injured person;
(2)
the hospital sends by certified mail with return receipt requested, prior to the payment of 
any money to the injured person or 
his
the injured person's
 attorney or heirs or legal 
representatives as compensation for the injuries and/or damages sustained, a copy of the 
written notice, together with a statement of the date of filing, to the person, firm, or 
corporation alleged to be liable to the injured party for the injuries and/or damages 
sustained; and
(3)
the hospital mails a copy of the written notice by certified mail with return receipt 
requested to the home office of any insurance carrier that has insured the person, firm, or 
corporation against liability, if the name and address is known.
Section 148, Section 
38-10-102.1
 is amended to read:
38-10-102.1
. Perfection of lien -- Notice of subcontractor's claim -- Information 
required to be provided -- Payments to be held in trust.
(1)
(a)
To perfect a lien a subcontractor must comply with the requirements of this 
section and Section 
38-10-105
.
(b)
This section shall apply only to a subcontractor's claim or a portion of a claim for 
amounts more than $5,000, for work performed upon or materials or equipment 
furnished for each production unit.
(2)
A subcontractor shall provide notice of a subcontractor's claim to the owner and 
operator designated by the owner within 20 days after the commencement of work or the 
furnishing of materials or equipment.
(3)
The notice shall:
(a)
be delivered, or mailed by certified mail, return receipt requested, to the:
(i)
owner; and
(ii)
operator designated by the owner;
(b)
be considered delivered when deposited in the mail; and
(c)
contain a statement setting forth the following information:
(i)
identification of the lien claimant by full name, address, and telephone number;
(ii)
the name of the person by whom 
he
the subcontractor
 was employed or to whom 
he
the subcontractor
 furnished material or equipment; and
(iii)
a description of the property comprising the production unit.
(4)
Failure to deliver or mail the notice shall discharge and satisfy the lien attaching to the 
interest of the owner to the extent the owner pays a contractor or operator 
his
the 
contractor's or operator's
 share of all, or part, of the lien claimant's agreed contract price.
(5)
(a)
Any contractor or subcontractor shall provide, in writing, to each person with 
whom 
he
the contractor or subcontractor
 contracts:
(i)
the full name and address of the:
(A)
owner of the production unit; and
(B)
the operator designated by the owner; and
(ii)
a description of the property comprising the production unit.
(b)
Failure to provide the information required under this section within three days after 
the work is commenced or the materials and equipment are furnished shall entitle the 
claimant to an award of costs and 
attorneys'
attorney
 fees in an action against the 
person to enforce the contract.
(6)
Any contractor, operator, or subcontractor who receives payment for work performed 
upon, or material or equipment furnished for any production unit, shall hold all 
payments in trust for the person with whom 
he
the contractor, operator, or subcontractor
contracts for work upon, or the furnishing of materials or equipment for the production 
unit, for any amount remaining unpaid under the contract.
Section 149, Section 
38-10-108
 is amended to read:
38-10-108
. Limitation upon owner's liability.
Except as provided in Section 
38-10-102
 and Section 
38-10-114
, nothing in this chapter 
shall be construed to fix a greater liability against the owner than the price or sum agreed by 
the owner to be paid for 
his
a contractor's or subcontractor's
 share of the work performed or 
the materials or equipment furnished.
Section 150, Section 
38-10-109
 is amended to read:
38-10-109
. Limitation on liability for other owners in production unit if notice 
provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does 
not affect other defenses.
(1)
Where work is performed or materials or equipment are furnished for any production 
unit under a contract with an owner of an interest in the production unit, any interest of 
any other owner in the production unit shall not be subject to a lien under this chapter, if 
such other owner gives written notice that 
he
the other owner
 will not be responsible 
for work performed or materials or equipment provided.
(2)
Written notice shall be:
(a)
in recordable form;
(b)
filed with the county recorder of the county where the production unit is located; and
(c)
filed within 10 working days after the latter of:
(i)
the owner obtaining knowledge of the performance of such work or the providing 
of such materials or equipment; or
(ii)
the execution by the last party of:
(A)
a farmout agreement;
(B)
a lease or sublease;
(C)
an operating agreement;
(D)
an assignment of less than 100% of the lessee's interest or operating rights 
under a lease;
(E)
a sales contract; or
(F)
an option agreement.
(3)
Failure to file under this section shall not impair any other defense available to such 
owner.
Section 151, Section 
40-1-6
 is amended to read:
40-1-6
. Affidavit of performance of annual labor or payment of maintenance fee.
(1)
As used in this section, "assessment work" means the performance of labor or making of 
improvements on or for the benefit of a mining claim.
(2)
Within 30 days after the end of the annual period specified in 30 U.S.C. Sec. 28 the 
owner of an unpatented lode or placer mining claim, 
or a mill or tunnel site claim or 
someone 
on 
his
the owner's
 behalf, shall record an affidavit in the office of the 
county recorder of the county in which the claim is located setting forth:
(a)
the name and address of the owner of the claim;
(b)
the name of the claim and the serial number, if any, assigned to the claim by the 
United States Bureau of Land Management;
(c)
if assessment work was required to be performed under 30 U.S.C. Sec. 28 or other 
federal law to maintain the claim, a statement that the annual assessment work 
required to maintain the claim was performed; and
(d)
if the assessment work was not required to be performed under 30 U.S.C. Sec. 28 or 
other federal law, a statement that it is the intention of the owner to hold the claim, 
and if a claim maintenance fee was paid as required by the Omnibus Budget 
Reconciliation Act of 1993, Pub. L. 103-66 or other federal law, a statement that the 
fee was paid in a timely manner.
(3)
The affidavit, or a certified copy, shall be prima facie evidence of the facts stated in the 
affidavit.
(4)
The amendments made in this section do not affect any act or right accruing or which 
has accrued or been established or any suit or proceeding commenced before May 1, 
1995.
Section 152, Section 
40-8-19
 is amended to read:
40-8-19
. Transfer of mining operation under approved notice of intention.
Whenever an operator succeeds to the interest of another operator who holds an 
approved notice of intention or revision covering a mining operation, by sale, assignment, 
lease, or other means, the division may release the first operator from 
his
the first operator's
responsibilities under 
his
the first operator's
 approved notice of intention, including surety, 
provided the successor assumes all of the duties of the former operator, to the satisfaction of 
the division, under this approved notice of intention, including its then approved reclamation 
plan and the posting of surety. Upon the satisfactory assumption of such responsibilities by the 
successor operator, under conditions approved by the division, the approved notice of intention 
shall be transferred to the successor operator.
Section 153, Section 
40-8-23
 is amended to read:
40-8-23
. Effective dates -- Exceptions.
This act shall become effective 60 days after adjournment of the Legislature except as 
follows:
(1)
Mining operations which are active on the effective date of this act will be required to 
prepare and submit a notice of intention on or before July 1, 1977, and shall be 
authorized to continue such existing operations until the operator obtains approval of 
his
a
 notice of intention. Such approval shall be obtained by the operator within 36 months 
from the date of submission of this notice. Subsequent to approval of the notice of 
intention, the operator shall be bound by the provisions of the approved notice of 
intention and surety requirements as provided in Sections 
40-8-13
 and 
40-8-14
.
(2)
Mining operations which are active on the effective date of this act and which are 
suspended or terminated on or before July 1, 1977, shall advise the division of this fact 
before July 10, 1977, and shall not be required to submit a notice of intention.
(3)
Mining operations which are inactive on the effective date of this act and which resume 
operations on or before July 1, 1977, shall be required to prepare and submit a notice of 
intention within 12 months following the effective date of this act or within six months 
of the resumption of such operations, whichever is earlier, and shall be authorized to 
conduct operations as described in the notice of intention until the operator obtains 
approval of 
his
a
 notice of intention. Such approval shall be obtained by the operator 
within 36 months from the date of submission of the notice. Subsequent to approval of 
the notice of intention the operator shall be bound by the provisions of the approved 
notice of intention and surety requirements as provided in Sections 
40-8-13
 and 
40-8-14
.
(4)
The board and division, in the initial application of this act and until July 1, 1977, shall 
not be bound by the 30 day time limitation within which to take action on a notice of 
intention; but all notices of intention filed before July 1, 1977, shall be acknowledged as 
received within 30 days of receipt and action shall be commenced by the division within 
12 months from the date of receipt.
(5)
This act and the rules and regulations promulgated under it shall be fully effective for 
all operators and mining operations active on the effective date of this act or commenced 
or reactivated on and after July 1, 1977.
Section 154, Section 
40-10-5
 is amended to read:
40-10-5
. Activities exempted from chapter.
This chapter does not apply to the following activities:
(1)
the extraction of coal by a landowner for 
his
the landowner's
 own noncommercial use 
from land owned or leased by 
him
the landowner
; or
(2)
the extraction of coal as an incidental part of federal, state, or local 
government-financed highway or other construction under rules established by the 
division.
Section 155, Section 
40-10-19
 is amended to read:
40-10-19
. Information provided by permittees to division -- Inspections by 
division -- Signs required at operations entrances -- Violations reported by reclamation 
officers -- Copies of records and reports available to public.
(1)
For the purpose of developing, administering, and enforcing any permit under this 
chapter, or of determining whether any person is in violation of any requirement of this 
chapter, the division shall require any permittee to provide information relative to 
surface coal mining and reclamation operations as the division deems reasonable and 
necessary in the division's rules.
(2)
The authorized representatives of the division, without advance notice and upon 
presentation of appropriate credentials:
(a)
shall have the right of entry into, upon, or through any surface coal mining and 
reclamation operations or any premises in which any records required to be 
maintained under Subsection 
(2)
 are located; and
(b)
may at reasonable times, and without delay, have access to and copy any records, 
inspect any monitoring equipment or method of operation required under this 
chapter. As required by Subsection 
40-8-17(2)
, this entry and access are conditions 
to obtaining an approved state permit to conduct surface mining operations.
(3)
The inspections by the division shall:
(a)
occur on an irregular basis averaging not less than one partial inspection per month 
and one complete inspection per calendar quarter for the surface coal mining and 
reclamation operation covered by each permit;
(b)
occur without prior notice to the permittee or 
his
the permitee's
 agents or employees 
except for necessary onsite meetings with the permittee; and
(c)
include the filing of inspection reports adequate to enforce the requirements of and to 
carry out the terms and purposes of this chapter.
(4)
Each permittee shall conspicuously maintain at the entrances to the surface coal mining 
and reclamation operations a clearly visible sign which sets forth the names, business 
address, and phone number of the permittee and the permit number of the surface coal 
mining and reclamation operations.
(5)
Each reclamation officer, upon detection of each violation of any requirement of this 
chapter, shall forthwith inform the operator in writing and shall report in writing the 
violation to the division.
(6)
Copies of any records, reports, inspection materials, or information obtained under this 
chapter by the division shall be made immediately available to the public.
Section 156, Section 
40-10-20
 is amended to read:
40-10-20
. Civil penalty for violation of chapter -- Informal conference -- Public 
hearing -- Contest of violation or amount of penalty -- Collection -- Criminal penalties -- 
Civil penalty for failure to correct violation.
(1)
(a)
Any permittee who violates any permit condition or other provision of this chapter 
may be assessed a civil penalty by the division. If the violation leads to the issuance 
of a cessation order under Section 
40-10-22
, the civil penalty shall be assessed.
(b)
(i)
The penalty may not exceed $5,000 for each violation.
(ii)
Each day of a continuing violation may be deemed a separate violation for 
purposes of the penalty assessments.
(c)
In determining the amount of the penalty, consideration shall be given to:
(i)
the permittee's history of previous violations at the particular surface coal mining 
operation;
(ii)
the seriousness of the violation, including any irreparable harm to the 
environment and any hazard to the health or safety of the public;
(iii)
whether the permittee was negligent; and
(iv)
the demonstrated good faith of the permittee in attempting to achieve rapid 
compliance after notification of the violation.
(2)
(a)
Within 30 days after the issuance of a notice or order charging that a violation of 
this chapter has occurred, the division shall inform the permittee of the proposed 
assessment.
(b)
The person charged with the penalty shall then have 30 days to pay the proposed 
assessment in full, or request an informal conference before the division.
(c)
The informal conference held by the division may address either the amount of the 
proposed assessment or the fact of the violation, or both.
(d)
If the permittee who requested the informal conference and participated in the 
proceedings is not in agreement with the results of the informal conference, the 
permittee may, within 30 days of receipt of the decision made by the division in the 
informal conference, request a hearing before the board.
(e)
(i)
Prior to any review of the proposed assessment or the fact of a violation by the 
board, and within 30 days of receipt of the decision made by the division in the 
informal conference, the permittee shall forward to the division the amount of the 
proposed assessment for placement in an escrow account.
(ii)
If the operator fails to forward the amount of the penalty to the division within 30 
days of receipt of the results of the informal conference, the operator waives any 
opportunity for further review of the fact of the violation or to contest the amount 
of the civil penalty assessed for the violation.
(iii)
If, through administrative or judicial review, it is determined that no violation 
occurred or that the amount of the penalty should be reduced, the division shall 
within 30 days remit the appropriate amount to the operator with interest 
accumulated.
(3)
(a)
A civil penalty assessed by the division shall be final only after the person 
charged with a violation described under Subsection (1) has been given an 
opportunity for a public hearing.
(b)
If a public hearing is held, the board shall make findings of fact and shall issue a 
written decision as to the occurrence of the violation and the amount of the penalty 
which is warranted, incorporating, when appropriate, an order requiring that the 
penalty be paid.
(c)
When appropriate, the board shall consolidate the hearings with other proceedings 
under Section 
40-10-22
.
(d)
Any hearing under this section shall be of record and shall be conducted pursuant to 
board rules governing the proceedings.
(e)
If the person charged with a violation fails to 
avail himself of
use
 the opportunity 
for a public hearing, a civil penalty shall be assessed by the division after the division:
(i)
has determined:
(A)
that a violation did occur; and
(B)
the amount of the penalty which is warranted; and
(ii)
has issued an order requiring that the penalty be paid.
(4)
At the request of the board, the attorney general may bring a civil action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, to recover a civil 
penalty owed under this chapter.
(5)
Any person who willfully and knowingly violates a condition of a permit issued 
pursuant to this chapter or fails or refuses to comply with any order issued under Section 
40-10-22
 or any order incorporated in a final decision issued by the board under this 
chapter, except an order incorporated in a decision under Subsection (3), shall, upon 
conviction, be punished by a fine of not more than $10,000, or by imprisonment for not 
more than one year, or both.
(6)
Whenever a corporate permittee violates a condition of a permit issued pursuant to this 
chapter or fails or refuses to comply with any order incorporated in a final decision 
issued by the board under this chapter, except an order incorporated in a decision issued 
under Subsection (3), any director, officer, or agent of the corporation who willfully and 
knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be 
subject to the same civil penalties, fines, and imprisonment that may be imposed upon a 
person under Subsections (1) and (5).
(7)
Whoever knowingly makes any false statement, representation, or certification, or 
knowingly fails to make any statement, representation, or certification in any 
application, record, report, plan, or other document filed or required to be maintained 
pursuant to this chapter or any order or decision issued by the board under this chapter 
shall, upon conviction, be punished by a fine of not more than $10,000, or by 
imprisonment for not more than one year, or both.
(8)
(a)
Any operator who fails to correct a violation for which a notice or cessation order 
has been issued under Subsection 
40-10-22
(1) within the period permitted for its 
correction shall be assessed a civil penalty of not less than $750 for each day during 
which the failure or violation continues.
(b)
The period permitted for correction of a violation for which a notice of cessation 
order has been issued under Subsection 
40-10-22
(1) may not end until:
(i)
the entry of a final order by the board, in the case of any review proceedings 
initiated by the operator in which the board orders, after an expedited hearing, the 
suspension of the abatement requirements of the citation after determining that the 
operator will suffer irreparable loss or damage from the application of those 
requirements; or
(ii)
the entry of an order of the court, in the case of any review proceedings initiated 
by the operator wherein the court orders the suspension of the abatement 
requirements of the citation.
Section 157, Section 
40-10-29
 is amended to read:
40-10-29
. Other enforcement and protection rights unaffected -- Operator to 
replace adversely affected water supply of legitimate users.
(1)
Nothing in this chapter shall be construed as affecting in any way the right of any 
person to enforce or protect, under applicable law, 
his
the person's
 interest in water 
resources affected by a surface coal mining operation.
(2)
The operator of a surface coal mine shall replace the water supply of an owner of 
interest in real property who obtains all or part of 
his
the owner's
 supply of water for 
domestic, agricultural, industrial, or other legitimate use from an underground or surface 
source where this supply has been affected by contamination, diminution, or interruption 
proximately resulting from the surface coal mine operation.
Section 158, Section 
41-1a-224
 is amended to read:
41-1a-224
. Registration of specially constructed, reconstructed, or foreign 
vehicles -- Surrender of foreign registration.
(1)
If the vehicle to be registered is a specially constructed, reconstructed, or foreign 
vehicle, that fact shall be stated in the application.
(2)
The owner of a foreign vehicle that has been registered outside of this state shall 
surrender to the division all registration cards, certificates of title, or other evidence of 
foreign registration in 
his
the owner's
 possession or under 
his
the owner's
 control, 
except as provided in Section 
41-1a-223
.
Section 159, Section 
41-1a-607
 is amended to read:
41-1a-607
. Assignment by lienholder.
(1)
(a)
Any person holding a lien or encumbrance upon a vehicle, vessel, or outboard 
motor, other than a lien dependent solely upon possession, may assign 
his
the 
person's
 title or interest in or to the vehicle, vessel, or outboard motor to a person 
other than the owner without the consent of and without affecting the interest of the 
owner or the registration of the vehicle, vessel, or outboard motor.
(b)
If assignment of the lien or encumbrance in any way modifies or affects the owner's 
repayment agreement, the lien or encumbrance holder shall give to the owner a 
written notice of the assignment.
(2)
Upon request to the division and upon receipt of a certificate of title assigned by the 
holder of a lien or encumbrance shown on it and giving the name and address of the 
assignee, accompanied by the fee provided by law, the division shall issue a new 
certificate of title.
Section 160, Section 
41-1a-608
 is amended to read:
41-1a-608
. Release by lienholder to owner.
(1)
A person holding a lien or encumbrance as shown upon a certificate of title upon a 
vehicle or vessel may release the lien or encumbrance or assign 
his
the person's
 interest 
to the owner without affecting the registration of the vehicle or vessel.
(2)
The division shall issue a new certificate of title without a lien previously recorded upon 
receiving:
(a)
a certificate of title:
(i)
upon which a lienholder has released or assigned 
his
the lienholder's
 interest to 
the owner; or
(ii)
not so endorsed but accompanied by a legal release from a lienholder of 
his
the 
lienholder's
 interest in or to a vehicle, vessel, or outboard motor;
(b)
an application properly completed; and
(c)
the proper fee.
Section 161, Section 
41-1a-708
 is amended to read:
41-1a-708
. Owner not liable for negligent operation after transfer.
The owner of a vehicle or vessel who has made a bona fide sale or transfer of 
his
the 
owner's
 title or interest and who has delivered to the purchaser or transferee possession of the 
vehicle or vessel, the certificate of registration, and the properly endorsed certificate of title to 
the vehicle or vessel is not liable for any damages thereafter resulting from negligent operation 
of the vehicle or vessel by another.
Section 162, Section 
41-1a-801
 is amended to read:
41-1a-801
. Altered or changed identification number -- State assigned 
identification number.
(1)
The owner of a vehicle required to be registered 
under this chapter, the identification 
number of which has been altered, removed, defaced, or has not been placed on it shall 
make application in the form prescribed by the division for a state assigned 
identification number.
(2)
The owner shall furnish 
information that will satisfy the division that 
he
the owner
 is 
the owner of the vehicle and furnish information to identify the vehicle with the 
registration of the vehicle for the current year, at which time the division shall assign a 
state identification number for the vehicle.
(3)
A record of state assigned numbers shall be maintained by the division.
(4)
The state assigned identification number is the identification number of the vehicle 
when:
(a)
the owner has stamped the state assigned identification number upon the vehicle as 
directed by the division;
(b)
a qualified identification number inspector has inspected and found the state assigned 
identification number stamped upon the vehicle as directed;
(c)
the owner has provided the division with a certificate of inspection; and
(d)
the owner has submitted an application for a certificate of title.
Section 163, Section 
41-1a-1301
 is amended to read:
41-1a-1301
. Unpaid fees and penalty -- Lien -- Seizure and sale.
(1)
(a)
Every registration fee and penalty not paid by the due date is a lien upon all:
(i)
the unexempt personal property of the owner or operator of the vehicle, vessel, or 
outboard motor; and
(ii)
interest or equity of the owner or operator in all personal property, including 
vehicles, vessels, or outboard motors used by the owner or operator in the conduct 
or operation of 
his
the owner's or operator's
 business.
(b)
The properties and vehicles, vessels, or outboard motors may be held under warrant, 
issued by the commission, and sold in accordance with the law applicable to personal 
property taxes.
(2)
Delinquency is a ground for the issuance of a writ of attachment against the owner or 
operator.
Section 164, Section 
41-1a-1313
 is amended to read:
41-1a-1313
. Third degree felony to possess motor vehicle, trailer, semitrailer, or 
parts without identification number -- Presumption of knowledge.
(1)
It is a third degree felony for a person to have in 
his
the person's
 possession any motor 
vehicle, trailer, or semitrailer, or any part or parts of a motor vehicle, trailer, or 
semitrailer, from which any identification number has been removed, defaced, 
destroyed, obliterated, or so covered as to be concealed, or where the identification 
number has been altered or changed in any manner.
(2)
A person having possession of any motor vehicle, trailer, or semitrailer or part of them 
under this section is presumed prima facie to have knowledge of this condition.
Section 165, Section 
41-1a-1316
 is amended to read:
41-1a-1316
. Receiving or transferring stolen motor vehicle, trailer, or 
semitrailer -- Penalty.
It is a second degree felony for a person:
(1)
with intent to procure or pass title to a motor vehicle, trailer, or semitrailer that 
he
the 
person
 knows or has reason to believe has been stolen or unlawfully taken to receive or 
transfer possession of the motor vehicle, trailer, or semitrailer from or to another; or
(2)
to have in 
his
the person's
 possession any motor vehicle, trailer, or semitrailer that 
he
the person
 knows or has reason to believe has been stolen or unlawfully taken if 
he
the 
person
 is not a peace officer engaged at the time in the performance of 
his
the peace 
officer's
 duty.
Section 166, Section 
41-1a-1317
 is amended to read:
41-1a-1317
. Selling or buying without identification numbers -- Penalty.
It is a second degree felony for a person to knowingly buy, receive, dispose of, sell, offer 
for sale, or have in 
his
that person's
 possession any motor vehicle, trailer, semitrailer, or 
engine removed from a motor vehicle, from which the identification number has been 
removed, defaced, covered, altered, or destroyed for the purpose of concealing or 
misrepresenting the identity of the motor vehicle or engine.
Section 167, Section 
41-3-207
 is amended to read:
41-3-207
. New motor vehicle dealer's license -- Change, addition, or loss of 
franchise -- Notification -- Relinquishment of license and relicensing as used motor 
vehicle dealer -- Continuance in business to dispose of stock.
(1)
If a dealer changes to, adds, cancels, or loses a franchise for the sale of new motor 
vehicles 
he
the dealer
 shall immediately notify the administrator.
(2)
(a)
If the dealer has cancelled or lost a franchise, the administrator shall determine 
whether the dealer should be licensed as a used motor vehicle dealer.
(b)
If the administrator determines that the dealer should be licensed as a used motor 
vehicle dealer, 
he
the administrator
 shall issue to the dealer a used motor vehicle 
dealer's license.
(c)
A dealer relicensed as a used motor vehicle dealer may continue to sell new motor 
vehicles for up to six months from the date of the relicensing, to enable the dealer to 
dispose of 
his
the dealer's
 existing stock of new motor vehicles.
Section 168, Section 
41-3-208
 is amended to read:
41-3-208
. Salesperson's license -- Relinquishment upon loss or change of 
employment -- Notice to salesperson -- New license required.
(1)
If a salesperson is discharged from or leaves 
his
the salesperson's
 employer, the dealer 
who last employed the salesperson shall return the salesperson's license to the 
administrator.
(2)
The salesperson shall be notified at 
his
the salesperson's
 last known place of residence 
that 
his
the salesperson's
 license has been returned to the administrator.
(3)
A person may not act as a motor vehicle salesperson until a new license is procured.
Section 169, Section 
41-3-505
 is amended to read:
41-3-505
. Special plates -- Application -- Security requirements.
(1)
A dealer, dismantler, manufacturer, remanufacturer, or transporter may apply to the 
division upon the appropriate form for one or more special plates.
(2)
The applicant shall also submit proof of 
his
the applicant's
 status as a licensed dealer, 
dismantler, manufacturer, remanufacturer, or transporter as required by the 
division.
(3)
The applicant shall also establish to the satisfaction of the division that 
he
the applicant
complies with the security requirements of Sections 
31A-22-302
 and 
31A-22-303
.
Section 170, Section 
41-3-506
 is amended to read:
41-3-506
. Special plates -- Expiration.
(1)
A special plate issued expires:
(a)
on June 30 each year; or
(b)
upon the cancellation, suspension, or revocation of the licensee's license.
(2)
Under Subsection 
(1)(b)
, the plates shall be returned to the licensee upon reinstatement 
of 
his
the licensee's
 license.
(3)
A new plate or plates, or renewal decal, for the ensuing year may be obtained by the 
licensee submitting a new application to the division and paying the dealer, dismantler, 
manufacturer, or transporter plate fee provided by law.
Section 171, Section 
41-3-508
 is amended to read:
41-3-508
. Special plates -- Suspension or revocation -- Grounds -- Procedure -- 
Appeal -- Confiscation.
(1)
The division may suspend or revoke the special plate or plates issued to a dealer, 
dismantler, manufacturer, remanufacturer, or transporter if it determines that the person:
(a)
is not lawfully entitled to them;
(b)
has made or knowingly permitted illegal use of the plates;
(c)
has committed fraud in the registration of motor vehicles; or
(d)
failed to give notices of sales or transfers required under this chapter.
(2)
(a)
Suspension or revocation of special plates takes effect immediately upon written 
notification to the licensee by the division.
(b)
Upon notification, the licensee shall immediately return all special plates to the 
division.
(c)
Failure to return the plates or permitting their continued use is a violation of this 
chapter.
(3)
(a)
If a licensee desires to appeal the division's suspension or revocation, 
he
the 
licensee
 shall file a written notice of appeal with the administrator within 10 days of 
the suspension or revocation.
(b)
Upon receipt of the notice, the administrator shall schedule a hearing for not more 
than 20 days from the date the written appeal is received.
(c)
The licensee may not continue to use or possess any special plates that have been 
suspended or revoked.
(d)
The hearing and subsequent appeal process are in accordance with the procedures in 
this chapter.
(4)
(a)
A peace officer may confiscate any special plate that 
he
the peace officer
 has 
reason to believe is being used illegally.
(b)
A special plate confiscated under this chapter or 
Title 41, Chapter 1a, Motor Vehicle 
Act
, may not be returned to the licensee if the administrator determines that the plate 
was being used illegally.
Section 172, Section 
41-3-803
 is amended to read:
41-3-803
. Consignment sales.
(1)
A consignor may take possession of 
his
the consignor's
 consigned vehicle at any time 
the consigned vehicle is in the possession of a consignee, provided that the consignor:
(a)
has notified the consignee in writing that 
he
the consignor
 will take possession of 
the consigned vehicle; and
(b)
has paid all outstanding charges owing to the consignee that have been agreed to by 
the consignor in accordance with Subsection 
(2)
.
(2)
The agreed upon charges under Subsection 
(1)(b)
 shall be:
(a)
stated on a form designed by the department; and
(b)
included with the written consignment agreement.
(3)
A consignee who sells a consigned vehicle shall report to the consignor in writing the 
exact selling price of the consigned vehicle under either of the following circumstances:
(a)
the consignor and consignee agree in writing that the consignor shall receive a 
percentage of the selling price upon the sale of the vehicle; or
(b)
the consignor and consignee renegotiate in writing the selling price of the vehicle.
(4)
When a consignee sells a consigned vehicle:
(a)
the consignee, within seven calendar days of the date of sale, must give written 
notice to the consignor that the consigned vehicle has been sold; and
(b)
the consignee, within 21 calendar days of the date of sale, or within 15 calendar days 
of receiving payment in full for the consigned vehicle, whichever date is earlier, shall 
remit the payment received to the consignor, unless the agreement to purchase the 
consigned vehicle has been rescinded before expiration of the 21 days.
(5)
If the agreement to purchase the consigned vehicle has for any reason been rescinded 
before the expiration of 21 calendar days of the date of sale, the consignee shall within 
five calendar days thereafter give written notice to the consignor that the agreement to 
purchase has been rescinded.
(6)
Vehicles on consignment shall be driven with the consignee's dealer plates. All other 
license plates or registration indicia must be removed from the vehicle.
(7)
Prior to driving a consigned vehicle on the consignee's dealer plates, the consignee and 
the consignor shall execute a written consignment agreement that states:
(a)
the party responsible for damage or misuse to a consigned vehicle; and
(b)
the permitted uses a consignee may make of a consigned vehicle.
(8)
The consignee shall keep the written consignment agreement on file at 
his
the 
consignee's
 principal place of business.
Section 173, Section 
41-12a-104
 is amended to read:
41-12a-104
. Rules of construction.
(1)
If a person maintains owner's security under this chapter, it does not limit 
his
the 
person's
 liability to the face amount of the owner's security.
(2)
Nothing in this chapter prevents the plaintiff in any action at law from relying for relief 
upon the other processes provided by law.
(3)
This chapter is cumulative with the requirements of the laws of this state requiring 
policies of motor vehicle insurance against liability. This subsection does not preclude 
compliance through a single policy which, by its terms or by an appropriate 
endorsement, satisfies the requirements of both applicable laws.
Section 174, Section 
41-12a-411
 is amended to read:
41-12a-411
. Duration of proof of owner's or operator's security.
(1)
Except as otherwise provided under this section, any person required to give proof of 
owner's or operator's security shall maintain that proof with the department for a period 
of three years from the date the filing of proof was last requested. Subject to Subsection 
(2)
, the department shall:
(a)
upon request, consent to the immediate cancellation of any bond or certificate of 
insurance;
(b)
direct the state treasurer to return to the person entitled to it any money or securities 
deposited pursuant to this chapter as proof of owner's or operator's security; or
(c)
waive the requirement of filing proof, if the person on whose behalf the proof was 
filed dies or becomes permanently incapacitated to operate a motor vehicle or if the 
person who has given proof surrenders 
his
the person's
 registration to the 
department, except that if 
he
that person
 applies for a registration within three years 
from the date proof was originally required, the application shall be refused unless 
the applicant reestablishes proof of owner's or operator's security and maintains the 
proof for the remainder of the three-year period.
(2)
(a)
The department may not consent to the cancellation of any bond or the return of 
any money or securities if any action for damages upon a liability covered by that 
proof is then pending, if:
(i)
any judgment of liability is unsatisfied; or
(ii)
the person who filed the bond or deposited the money or securities has, within 
one year immediately preceding the request, been involved as an operator or 
owner in any motor vehicle accident resulting in injury or damage to the person or 
property of others.
(b)
An affidavit of the applicant is sufficient evidence in the absence of contrary 
evidence in the records of the department if the affidavit declares:
(i)
the nonexistence of liability or accidents;
(ii)
that the person has been released from all liability; or
(iii)
that the person has been finally adjudicated not to be liable for the injury or 
damage.
Section 175, Section 
41-12a-503
 is amended to read:
41-12a-503
. Conditions to license, registration, and privilege renewal.
The license, registration, and nonresident's operating privilege suspended under 
Subsection 
41-12a-501(3)
 remain suspended and may not be renewed nor may that license or 
registration be issued until one of the following is satisfied:
(1)
The person deposits or has deposited on 
his
that person's
 behalf the post-accident 
security required under Subsection 
41-12a-501(1)
.
(2)
One year has elapsed following the effective date of the suspension and evidence 
satisfactory to the department has been filed that during that period no action for 
damages arising out of the accident has been commenced.
(3)
Evidence satisfactory to the department has been filed with it of a release from liability, 
of a final adjudication of nonliability, or of a duly acknowledged written agreement 
providing for the payment of an agreed amount in installments with respect to all claims 
for injuries or damages resulting from the accident. In the event of default in the 
payment of any installment under such an agreement, upon receiving notice of the 
default, the department shall suspend the license and registration or nonresident's 
operating privilege of the person defaulting. This license, registration, or nonresident's 
operating privilege may not be restored until either:
(a)
The person deposits and thereafter maintains security as required under Subsection 
41-12a-501(1)
.
(b)
One year has elapsed following the date when the security was required and during 
that period no action upon the agreement has been instituted in a Utah court.
Section 176, Section 
41-12a-506
 is amended to read:
41-12a-506
. Application to persons without license or registration.
If the operator or the owner of a motor vehicle involved in an accident in Utah has no 
license or registration in Utah, or is a nonresident, 
he
the operator or owner
 may not obtain a 
license or registration in Utah until 
he
the operator or owner
 has complied with the 
requirements of this chapter to the extent that would be necessary if, at the time of the 
accident, 
he
the operator or owner
 held a Utah license and registration.
Section 177, Section 
41-12a-507
 is amended to read:
41-12a-507
. Cooperation with other states.
(1)
When a nonresident's operating privilege is suspended under this chapter, the 
department shall send a certified copy of the record of the action to the official in charge 
of the issuance of licenses and registration certificates in the state in which the 
nonresident resides, if the law of the other state provides for action similar to that 
provided for in Subsection 
(2)
.
(2)
Upon receipt of certification from the official of another state that the operating 
privilege of a Utah resident has been suspended in the other state for failure to deposit 
post-accident security for the payment of judgments arising out of a motor vehicle 
accident, under circumstances which would require the deposit in Utah, the department 
shall suspend the license of the resident if 
he
the resident
 was the operator, and all of 
his
the resident's
 registrations if 
he
the resident
 was the owner of a motor vehicle 
involved in the accident. These suspensions continue until the Utah resident furnishes 
evidence of 
his
the resident's
 compliance with the law of the other state relating to the 
deposit of post-accident security.
Section 178, Section 
41-12a-509
 is amended to read:
41-12a-509
. Custody and terms of post-accident security deposits.
Post-accident security deposited in compliance with Subsection 
41-12a-501(1)
 shall be 
placed by the department in the custody of the state treasurer and may be applied only to the 
payment of judgments rendered against the persons on whose behalf the deposit was made, for 
damages arising out of the accident in question in an action at law, begun not later than one 
year after the date of the accident, or within one year after the date of deposit of any security 
under Subsection 
41-12a-503(3)(a)
, or to the payment in settlement, agreed to by the depositor, 
of claims arising out of the accident. The deposit or any balance of it shall be returned to the 
depositor or 
his
the depositor's
 personal representative when evidence satisfactory to the 
department has been provided that the conditions of either Subsection 
41-12a-503(2)
 or 
(3)
have been satisfied.
Section 179, Section 
41-12a-511
 is amended to read:
41-12a-511
. Failure to satisfy judgment.
(1)
Whenever any person fails within 60 days to satisfy any judgment, it is the duty of the 
clerk of the court or of the judge of a court which has no clerk in which any such 
judgment is rendered in Utah, upon the written request of the judgment creditor or 
his
the creditor's
 attorney, to forward to the department immediately after the expiration of 
the 60 days, a certified copy of the judgment.
(2)
The department, upon the receipt of a certified copy of a judgment, shall suspend the 
license and registration and any nonresident's operating privilege of any person against 
whom the judgment was rendered, except as provided in Subsection 
(5)
 and Section 
41-12a-513
.
(3)
Except as provided under Subsection 
(5)
 and Section 
41-12a-513
, a license, registration, 
and nonresident's operating privilege suspended under Subsection 
(2)
 remains suspended 
and may not be renewed nor may that license or registration be thereafter issued in the 
name of the same person, including a person not previously licensed, unless every such 
judgment is stayed or satisfied in full within the meaning of Section 
41-12a-512
, and 
until the person files proof of owner's or operator's security.
(4)
If the judgment debtor named in any certified copy of a judgment reported to the 
department is a nonresident, the department shall transmit a certified copy of the 
judgment to the official in charge of the issuance of licenses and registration certificates 
of the state of which the judgment debtor is a resident.
(5)
If the judgment creditor consents in writing, in a form the department prescribes, that 
the judgment debtor be allowed license and registration or nonresident's operating 
privilege, they may be allowed by the department for six months from the date of the 
consent and thereafter until that consent is revoked in writing, notwithstanding the 
default in the payment of the judgment or of any installments thereof prescribed in 
Section 
41-12a-513
, if the judgment debtor furnishes proof of owner's security.
Section 180, Section 
41-12a-604
 is amended to read:
41-12a-604
. Suspension of license.
(1)
A person convicted of a class A or a class B misdemeanor under this chapter, in 
addition to any other penalties which are imposed by law, shall have 
his
the person's
operator's license suspended by the department.
(2)
Whenever any person is convicted of an offense for which this chapter mandates the 
suspension of 
his
that person's
 license or the registration of 
his
that person's
 motor 
vehicle, and that person does not produce proof of owner's or operator's security at the 
time of 
his
that person's
 appearance, the court in which the conviction takes place shall 
require the surrender to it of all pertinent evidences of registration, including all 
registration cards, license plates, nonresident temporary permits, and other similar 
materials then held by the person so convicted. This court shall then forward the 
registration materials to the Motor Vehicle Division of the State Tax Commission and 
send the Driver License Division a record of the conviction. If the person so convicted 
secures a judgment of acquittal or reversal of this conviction in any appellate court, the 
department shall reinstate 
his
that person's
 driver license or privilege and the Motor 
Vehicle Division shall reinstate the registration of 
his
that person's
 motor vehicle 
immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
(3)
If the owner has surrendered the owner's registration materials to the Motor Vehicle 
Division, the owner may, unless otherwise prohibited by law, apply for a new 
registration, by providing proof of owner's security.
Section 181, Section 
42-3-1
 is amended to read:
42-3-1
. Commissioner of agriculture and food to register names.
Any owner of a farm in this state may have the name of 
his
the owner's
 farm, together 
with a brief description of 
his
the owner's
 lands to which such name applies, recorded in a 
register kept for the purpose in the office of the commissioner of agriculture and food, and the 
commissioner of agriculture and food shall furnish to such landowner a proper certificate 
setting forth such name and a brief description of such lands. When any name shall have been 
so recorded it shall not be recorded as the name of any other farm.
Section 182, Section 
45-2-2
 is amended to read:
45-2-2
. Libel and slander defined.
As used in this chapter:
(1)
"Libel" means a malicious defamation, expressed either by printing or by signs or 
pictures or the like, tending to blacken the memory of 
one
an individual
 who is dead, or 
to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of 
one
an individual
 who is alive, and thereby to expose 
him
the individual
 to public 
hatred, contempt or ridicule.
(2)
"Slander" means any libel communicated by spoken words.
Section 183, Section 
45-2-7
 is amended to read:
45-2-7
. Limitations and restrictions -- Immune from liability -- Due care.
Except as provided in Section 
45-2-1.5
, nothing in this act contained shall be construed 
to relieve any person broadcasting over a radio or television station from liability under the 
law of libel, slander, or defamation. Nor shall anything else in this act be construed to relieve 
any person, firm, or corporation owning or operating a radio or television broadcasting station 
or network from liability under the law of libel, slander, or defamation on account of any 
broadcast prepared or made by any such person, firm, or corporation or by any officer or 
employee thereof in the course of 
his
the officer's or employee's
 employment. In no event, 
however, shall any such person, firm, or corporation be liable for any damages for any 
defamatory statement or act published or uttered in or as a part of a visual or sound broadcast 
unless it shall be alleged and proved by the complaining party that such person, firm, or 
corporation has failed to exercise due care to prevent the publication or utterance of such 
statement or act in such broadcast. Bona fide compliance with any federal law or the regulation 
of any federal regulatory agency shall be deemed to constitute such due care as hereinabove 
mentioned.
Section 184, Section 
47-1-5
 is amended to read:
47-1-5
. Order of abatement -- Execution -- Sale of personal property -- 
Padlocking.
If the existence of the nuisance is established in an action as provided in this chapter, an 
order of abatement shall be entered as a part of the judgment in the case. The order shall direct 
the removal from the building or place of all fixtures, furniture, musical instruments, and 
movable property used in conducting the nuisance, and shall direct the sale thereof in the 
manner provided for the sale of chattels under execution, and shall further direct the effective 
closing of the building or place against its use for any purpose, and the keeping of it so closed 
for a period of one year, unless sooner released. If any person shall break and enter or use a 
building, structure, or place so directed to be closed, 
he
that person
 shall be punished as for 
contempt as provided in Section 
47-1-4
. For removing and selling the movable property the 
officer shall be entitled to charge and receive the same fees as for levying upon and selling like 
property on execution; and for closing the premises and keeping them closed a reasonable sum 
shall be allowed by the court.
Section 185, Section 
47-2-6
 is amended to read:
47-2-6
. Owners may reclaim -- Damages -- Taxes.
Any person owning any horses which are running at large in any county in which the 
county executive has given notice of intention to make a drive, as provided in this chapter, 
may within 30 days after the posting or the first publication of the notice mentioned in Section 
47-2-4
 file with the county executive a description of such horses claimed by 
him
the person
, 
giving the marks and brands, if any, which appear thereon, and, if the county executive shall 
take into its possession any horses so claimed, it shall by registered letter addressed to the 
owner or claimant of such horses notify 
him
the owner or claimant
 that the same may be 
claimed within 10 days from the mailing of such notice; and such owner or claimant shall be 
permitted upon application to the county legislative body to take possession of such horses 
upon payment of the expense of caring for the same from the date of capture. If any horses are 
killed by order of the county executive under the provisions of this chapter, a description of 
which has been reported by the owner thereof to the county legislative body, and ownership of 
such animals can be satisfactorily established, such owner shall receive as damage therefor a 
sum not exceeding $10 for each animal; provided, that 
he
the owner
 has paid all taxes 
assessed against said animal; provided further, that payment of such claims may be made only 
from proceeds of sales of captured horses.
Section 186, Section 
51-7-9
 is amended to read:
51-7-9
. Quarterly reports by state treasurer -- Audit of accounts of state 
treasurer -- Report of audit -- Employment of investment staff and services.
The state treasurer shall report not less often than quarterly to each participating state 
officer, board, commission, institution, department, division, agency, or other similar 
instrumentality, or political subdivision, the activities, investments, and performance of 
his
the state treasurer's
 office during the preceding period. The accounts of the state treasurer shall 
be audited annually under the direction of the state auditor. The report of this audit shall be 
open for inspection by the public in the offices of the state auditor and the state treasurer and a 
copy of it shall be submitted to the legislature through the Office of the Legislative Fiscal 
Analyst. The state treasurer is authorized, within the limits of available appropriations, to 
employ such investment staff and secure such financial, investment, and other technical 
services 
he
the state treasurer
 considers necessary to properly carry out 
his
the state 
treasurer's
 responsibilities under this chapter.
Section 187, Section 
51-7-18.1
 is amended to read:
51-7-18.1
. Qualified depositories list -- Reports -- Treatment of confidential 
information -- Powers -- Staff -- Limits on powers.
(1)
(a)
The council shall provide a list of qualified depositories to each public treasurer at 
least semiannually.
(b)
The list shall include:
(i)
the name of each qualified depository; and
(ii)
the maximum amount of public funds that each qualified depository is eligible to 
hold.
(2)
In determining the maximum amount of public deposits for a qualified depository, the 
council may not designate a maximum amount for any qualified depository that is more 
than twice that depository's capital as defined by council rule.
(3)
(a)
The council may require each qualified depository to submit monthly reports to 
the commissioner of Financial Institutions disclosing the amount of public funds held 
by the depository at the close of business on a day designated by the council.
(b)
The council may also require the qualified depository to include in the report:
(i)
information about the character and condition of the qualified depository's assets;
(ii)
information about the qualified depository's deposits and other liabilities;
(iii)
information about the qualified depository's capital; and
(iv)
any other information that the council considers necessary in order for it to fulfill 
its responsibilities under this chapter.
(c)
The council shall require that any reports submitted be verified by the oath or 
affirmation of the president or vice-president of the qualified depository.
(d)
Any officer of a qualified depository who knowingly makes or causes to be made 
any false statement or report to the council or any false entry in the books or accounts 
of the qualified depository is guilty of a class A misdemeanor.
(4)
(a)
Notwithstanding Section 
7-1-802
, the commissioner may disclose necessary 
information about the condition of any qualified depository to the council to assist it 
in evaluating the eligibility of any qualified depository to receive and hold public 
funds.
(b)
If the secretary of the council or any member of the council discloses confidential 
information obtained from the commissioner under this subsection, 
he
the secretary 
or council member
 is guilty of a class A misdemeanor.
(c)
If any member of the council discloses confidential information obtained from the 
commissioner under this subsection, the governor shall remove 
him
the council 
member
 from 
his
the council member's
 position.
(5)
Upon the vote of at least three of the council members, the commissioner shall require 
any qualified depository to:
(a)
surrender deposits of public funds that exceed the amount that the qualified 
depository may legally hold under authority of this chapter and council rule; or
(b)
pledge collateral security for those excess deposits.
(6)
(a)
If the commissioner orders the qualified depository to pledge collateral security 
for the excess deposits, the collateral security pledged shall have a market value 
determined upon the last day of the month of:
(i)
110% of the amount of the excess deposits, if the collateral consists of obligations 
of or fully guaranteed by the United States or its agencies as to principal and 
interest, a segregated earmarked deposit account, or notes, drafts, bills of 
exchange, or bankers' acceptances that are eligible for rediscount or purchase by a 
federal reserve bank;
(ii)
120% of the amount of the excess deposits, if the collateral consists of obligations 
of the state of Utah or any of its political subdivisions; and
(iii)
130% of the amount of the excess deposits, if the collateral consists of 
obligations of other readily marketable bonds, notes, or debentures.
(b)
The qualified depository shall deposit any collateral pledged to secure excess 
deposits with the state treasurer.
(c)
The state treasurer may not release the collateral until 
he
the state treasurer
 has 
received written confirmation from the commissioner that the qualified depository:
(i)
has relinquished the excess deposits; or
(ii)
is in compliance with this chapter and council rules.
(7)
Any qualified depository that fails to comply with a written order issued by the 
commissioner under authority of this section within 15 days of receipt of the order is 
ineligible to receive or renew any deposits or investments of public funds until it 
receives written authorization to do so from the council.
(8)
In addition to the requirements set forth by rule, in order to be certified as a qualified 
depository as defined in Section 
51-7-3
, a depository institution shall pay to the 
commissioner an annual certification fee of $250 due April 1 of each year.
Section 188, Section 
53-7-211
 is amended to read:
53-7-211
. Fire investigations by fire marshal.
(1)
If the division is of the opinion that further investigation of a fire is necessary, the state 
fire marshal, 
his
or the state marshal's
 deputy
,
 or representative
,
 may:
(a)
join the investigation in cooperation with the fire officers who have been conducting 
it;
(b)
upon the request of the chief fire official of the political subdivision, assume control 
of the investigation and direct it; or
(c)
conduct an independent investigation if necessary.
(2)
A fire officer who has conducted or is conducting the investigation shall cooperate in 
every possible way with the state fire marshal, 
his
the state fire marshal's
 deputy, and 
the state fire marshal's 
representative to further the purpose of the investigation.
(3)
The county attorney or district attorney of the county in which the fire occurred shall, 
upon the request of the state fire marshal, 
his
or the state fire marshal's
 deputy
,
 or 
representative, assist in the investigation.
Section 189, Section 
53-7-212
 is amended to read:
53-7-212
. Powers of fire marshal in respect to investigation.
In investigating any fire the state fire marshal and 
his
the state fire marshal's
 deputy 
may:
(1)
subpoena witnesses;
(2)
compel their attendance and testimony; and
(3)
require the production of books, papers, documents, records, and other tangible items 
that constitute or may contain evidence relevant to the investigation in the judgment of 
the state fire marshal or 
his
the state fire marshal's
 deputy.
Section 190, Section 
53-7-213
 is amended to read:
53-7-213
. Criminal charges resulting from investigation -- Procedure.
If the state fire marshal, 
his
or the state fire marshal's
 deputy
,
 or representative, or any 
other officer participating in the investigation of any fire
 believes that there is evidence 
sufficient to charge a person with arson, burning with intent to defraud or prejudice the insurer, 
or a similar crime, 
he
the officer participating in the investigation
 shall furnish the county 
attorney or district attorney of the county in which the crime occurred with 
his 
evidence and 
request the county attorney or district attorney to commence the proper procedures to charge 
the person with the appropriate crime.
Section 191, Section 
53-7-214
 is amended to read:
53-7-214
. Insurance company reports of fires.
(1)
The state fire marshal, 
his
the state fire marshal's
 deputy, and investigator may, in 
writing, require any insurance company transacting business in this state to release to the 
state fire marshal all relevant information or evidence found important by the state fire 
marshal, 
his
the state fire marshal's
 deputy, and investigator that the company may have 
in its possession, relating to any fire loss in this state in which the company has an 
insuring interest. Relevant information includes:
(a)
insurance policy information related to a fire loss under investigation and any 
application for the policy;
(b)
available policy premium payment records;
(c)
history of previous claims made by the insured; and
(d)
material relating to the investigation of the loss, including statements of any person, 
proof of loss, and any other evidence related to the investigation.
(2)
(a)
Every insurance company transacting business in the state must file with the 
division a report of any fire of suspicious origin.
(b)
The report shall show:
(i)
the name of the insured;
(ii)
the location of the property burned;
(iii)
the probable cause of the fire;
(iv)
the occupancy of the property burned;
(v)
the construction of the building or structure burned;
(vi)
the market value of the property involved;
(vii)
the actual loss;
(viii)
the insurance carried;
(ix)
the insurance paid;
(x)
the apportionment of loss where more than one company was on the risk; and
(xi)
if a motor vehicle or building is involved in any fire loss, a description of the 
motor vehicle or building.
(c)
In case of a fire of suspicious or incendiary origin, a preliminary report shall be made 
immediately through some officer or representative of the insurance company, 
showing:
(i)
the name of the insured;
(ii)
the date of the fire;
(iii)
the location;
(iv)
occupancy; and
(v)
other facts and circumstances tending to establish the cause or origin of the fire.
(3)
All persons making an adjustment occasioned by a loss due to a fire of suspicious or 
incendiary origin in this state shall, upon written request, send to the division a copy of 
the final adjustment immediately after the adjustment is made, signed by the person 
making the adjustment.
(4)
Any insurance company or person acting in its behalf or any person making adjustments 
occasioned by a loss due to fire who releases information, whether oral or written, 
pursuant to Subsection 
(1)
, 
(2)
, or 
(3)
 is immune from any liability for the release of this 
information arising out of a civil action or penalty resulting from a criminal prosecution.
Section 192, Section 
53-9-112
 is amended to read:
53-9-112
. Issuance of license and identification card to applicant -- License 
period -- Expiration of application -- Transfer of license prohibited.
(1)
The commissioner shall issue a license to an applicant who complies with the provisions 
of this chapter. Each license issued under this chapter shall:
(a)
contain the name and address of the licensee and the number of the license, its 
agency, registrant, or apprentice license designation; and
(b)
be issued for a period of two years.
(2)
On the issuance of a license, an identification card shall:
(a)
be issued without charge to the licensee; and
(b)
state on its face whether the bearer holds an agency, registrant, or apprentice license.
(3)
(a)
A registrant identification card shall state that the licensee is under the direction of 
a licensed agency and may not do investigative work independently for the public.
(b)
An apprentice identification card shall state that the licensee is under the direct 
supervision of a licensed agency and may not do investigative work independently 
for the public.
(4)
Upon request by any person, the licensee shall immediately identify the name, business 
address, and phone number of the licensed agency for which the licensee is an employee 
or independent contractor.
(5)
(a)
On notification by the commissioner to an applicant that the license is not 
complete, or is not ready for issuance pending additional information, the applicant 
shall complete the application process and provide the additional information within 
90 days.
(b)
Failure to complete the process shall result in the application being cancelled and all 
fees forfeited.
(c)
Subsequent application by the same applicant requires the payment of all application 
and license fees prescribed in Section 
53-9-111
.
(6)
A licensee shall notify the commissioner of any change in the name or address of 
his
the licensee's
 business within 60 days of the change and failure to so notify will result in 
the automatic suspension of the license. To relieve the suspension, the licensee must 
apply for reinstatement and pay the fee prescribed in Section 
53-9-111
.
(7)
A license issued under this chapter is not transferable or assignable.
Section 193, Section 
53-9-116
 is amended to read:
53-9-116
. Divulging investigative information -- False reports prohibited.
(1)
Except as otherwise provided by this chapter, a licensee may not divulge or release to 
anyone other than 
his
the licensee's
 client or employer the contents of an investigative 
file acquired in the course of licensed investigative activity. However, the board shall 
have access to investigative files if the client for whom the information was acquired, or 
his
the client's
 lawful representative, alleges a violation of this chapter by the licensee or 
if the prior written consent of the client to divulge or release the information has been 
obtained.
(2)
A licensee may not willfully make a false statement or report to a client, employer, the 
board, or any authorized representative of the department, concerning information 
acquired in the course of activities regulated by this chapter.
(3)
The licensee shall submit investigative reports to a client at times and in the manner 
agreed upon between the licensee and the client.
(4)
Upon demand by the client, the licensee shall divulge to the client the results of an 
investigation if payment in full has been tendered for the charges levied.
(5)
The licensee has full right to withdraw from any case and refund any portion of a 
retainer for which investigative work has not been completed.
Section 194, Section 
53-10-206
 is amended to read:
53-10-206
. Collection of information.
The commissioner and persons designated by 
him
the commissioner
 may require all 
peace officers, the warden of the state prison, the keeper of any jail or correctional institution, 
or superintendent of the state hospital to obtain information that will aid in establishing the 
records required to be kept.
Section 195, Section 
53-10-207
 is amended to read:
53-10-207
. Peace officers, prosecutors, and magistrates to supply information to 
state and F.B.I. -- Notification of arrest based on warrant.
(1)
Every peace officer shall:
(a)
cause fingerprints of persons 
he
the peace officer
 has arrested to be taken on forms 
provided by the division and the Federal Bureau of Investigation;
(b)
supply information requested on the forms; and
(c)
forward without delay both copies to the division, which shall forward the F.B.I. 
copy to the Identification Division of the Federal Bureau of Investigation.
(2)
If, after fingerprints have been taken in accordance with Subsection 
(1)
, the prosecutor 
declines to prosecute, or investigative action as described in Section 
77-2-3
 is 
terminated, the prosecutor or law enforcement agency shall notify the division of this 
action within 14 working days.
(3)
At the preliminary hearing or arraignment of a felony case, the prosecutor shall ensure 
that each felony defendant has been fingerprinted and an arrest and fingerprint form is 
transmitted to the division. In felony cases where fingerprints have not been taken, the 
judge shall order the chief law enforcement officer of the jurisdiction or the sheriff of 
the county to:
(a)
cause fingerprints of each felony defendant to be taken on forms provided by the 
division;
(b)
supply information requested on the forms; and
(c)
forward without delay both copies to the division.
(4)
If an arrest is based upon information about the existence of a criminal warrant of arrest 
or commitment under Rule 6, Utah Rules of Criminal Procedure, every peace officer 
shall without delay notify the division of the service of each warrant of arrest or 
commitment, in a manner specified by the division.
Section 196, Section 
53-11-107
 is amended to read:
53-11-107
. Licenses -- Classifications -- Prohibited acts.
(1)
Licenses under this chapter are issued in the classifications of:
(a)
bail enforcement agent;
(b)
bail recovery agent; or
(c)
bail recovery apprentice.
(2)
A person may not:
(a)
act or assume to act as, or 
represent himself
claim
 to be, a licensee unless 
he
the 
person
 is licensed under this chapter; or
(b)
falsely represent that 
he
the person
 is employed by a licensee.
(3)
The commissioner shall issue licenses to applicants who qualify for them under this 
chapter.
(4)
A license issued under this chapter is not transferable or assignable.
Section 197, Section 
53-11-108
 is amended to read:
53-11-108
. Licensure -- Basic qualifications.
An applicant for licensure under this chapter shall meet the following qualifications:
(1)
An applicant shall be:
(a)
at least 21 years 
of age
old
;
(b)
a citizen or legal resident of the United States; and
(c)
of good moral character.
(2)
An applicant may not:
(a)
have been convicted of:
(i)
a felony;
(ii)
any act involving illegally using, carrying, or possessing a dangerous weapon;
(iii)
any act of personal violence or force on any person or convicted of threatening to 
commit any act of personal violence or force against another person;
(iv)
any act constituting dishonesty or fraud;
(v)
impersonating a peace officer; or
(vi)
any act involving moral turpitude;
(b)
be on probation, parole, community supervision, or named in an outstanding arrest 
warrant; or
(c)
be employed as a peace officer.
(3)
If previously or currently licensed in another state or jurisdiction, the applicant shall be 
in good standing within that state or jurisdiction.
(4)
(a)
The applicant shall also have completed a training program of not less than 16 
hours that is approved by the board and includes:
(i)
instruction on the duties and responsibilities of a licensee under this chapter, 
including:
(A)
search, seizure, and arrest procedure;
(B)
pursuit, arrest, detainment, and transportation of a bail bond suspect; and
(C)
specific duties and responsibilities regarding entering an occupied structure to 
carry out functions under this chapter;
(ii)
the laws and rules relating to the bail bond business;
(iii)
the rights of the accused; and
(iv)
ethics.
(b)
The program may be completed after the licensure application is submitted, but shall 
be completed before a license may be issued under this chapter.
(5)
If the applicant desires to carry a firearm as a licensee, the applicant shall:
(a)
successfully complete a course regarding the specified types of weapons 
he
the 
applicant
 plans to carry. The course shall:
(i)
be not less than 16 hours;
(ii)
be conducted by any national, state, or local firearms training organization 
approved by the Criminal Investigations and Technical Services Division created 
in Section 
53-10-103
; and
(iii)
provide training regarding general familiarity with the types of firearms to be 
carried, including:
(A)
the safe loading, unloading, storage, and carrying of the types of firearms to 
be concealed; and
(B)
current laws defining lawful use of a firearm by a private citizen, including 
lawful self-defense, use of deadly force, transportation, and concealment; and
(b)
shall hold a valid license to carry a concealed weapon, issued under Section 
53-5-704
.
Section 198, Section 
53-11-111
 is amended to read:
53-11-111
. Licensure -- Bail recovery agent -- Requirements and limitations.
(1)
(a)
In addition to the requirements in Sections 
53-11-108
 and 
53-11-113
, an applicant 
for licensure as a bail recovery agent shall meet all of the requirements under Section 
53-11-109
, but instead of the experience requirement under Subsection 
53-11-109(1)(a)
, a bail recovery agent applicant shall have a minimum of 1,000 
hours of experience consisting of either actual bail recovery work, or work as a law 
enforcement officer for a federal, state, or local governmental agency.
(b)
The applicant shall substantiate the experience claimed under Subsection 
(1)
 as 
qualifying experience and shall provide:
(i)
the exact details as to the character and nature of the experience on a form 
prescribed by the department; and
(ii)
certification by the applicant's employers, which is subject to independent 
verification by the board.
(c)
If an applicant is unable to supply written certification of experience from an 
employer in whole or in part, an applicant may offer written certification from 
persons other than an employer covering the same subject matter for consideration by 
the board.
(d)
The burden of proving completion of the required experience is on the applicant.
(2)
An applicant for license renewal shall have completed not less than eight hours of 
continuing classroom instruction.
(3)
A bail recovery agent may work as a licensee under this chapter only as an employee of 
or as an independent contractor with a bail bond agency. A bail recovery agent may not:
(a)
advertise 
his
the agent's
 services;
(b)
provide services as a licensee under this chapter directly for members of the public; 
or
(c)
employ or hire as independent contractors bail enforcement agents, bail recovery 
agents, or bail recovery apprentices.
Section 199, Section 
53-11-116
 is amended to read:
53-11-116
. Issuance of license and card to applicant -- License period -- 
Expiration of application -- Transfer of license prohibited.
(1)
(a)
The board shall issue a license to an applicant who complies with the provisions 
of this chapter.
(b)
Each license shall:
(i)
contain the name and address of the licensee, the classification of license, and the 
number of the license; and
(ii)
be issued for a period of two years.
(2)
(a)
When the board issues the license, it shall also issue an identification card the 
design of which shall be approved by the commissioner in accordance with Section 
53-11-116.5
.
(b)
The identification card shall be issued without charge to the licensee if an individual, 
or if the licensee is an agency, to each of its licensed employees and contract 
employees, and is evidence the licensee and 
his
the licensee's
 employees and 
contract employees are licensed under this chapter.
(3)
(a)
If an identification card issued to a person states on it any bail bond agencies for 
which the cardholder works, that person shall return the card to the employer upon 
termination of 
his
the person's
 work relationship with the bail bond agency licensee.
(b)
Within five days the licensee shall mail or deliver the card to the commissioner for 
cancellation.
(4)
(a)
When the commissioner notifies an applicant that licensure as a bail bond 
recovery agency is ready for issuance, the applicant shall complete the application 
process within 90 days.
(b)
Failure to complete the process results in cancellation of the application and 
forfeiture of all fees paid to that point.
(c)
Subsequent application by the same applicant requires the payment of all application 
and license fees prescribed in Section 
53-11-115
.
(5)
A bail bond agency licensee shall notify the commissioner of any change in the name or 
address of 
his
the bail bond agency licensee's
 business and of any change of employees 
or contract employees within 30 days after the change.
(6)
(a)
All new employees and contract employees of an agency who are licensed under 
this chapter shall submit applications on forms prescribed by the board.
(b)
Upon board approval, identification cards shall be issued without charge.
Section 200, Section 
53-11-122
 is amended to read:
53-11-122
. Requirements during search and seizure -- Notification of law 
enforcement agency.
A bail enforcement agent, bail recovery agent, or bail recovery apprentice shall observe 
the following requirements before taking action authorized under this chapter:
(1)
identify himself
 or herself
 as a "bail enforcement agent," "bail recovery agent," or "bail 
recovery apprentice"; and
(2)
comply with the notification requirements of Section 
53-11-123
.
Section 201, Section 
53-11-123
 is amended to read:
53-11-123
. Notification of local law enforcement.
(1)
(a)
A bail enforcement agent or bail recovery agent who is searching for or planning 
to apprehend a person shall notify the local law enforcement agency if the search or 
apprehension will be conducted in an occupied structure within that law enforcement 
agency's jurisdiction.
(b)
When possible, notification shall be provided before taking action, but always within 
24 hours of taking action.
(c)
When a bail enforcement agent or bail recovery agent is preparing to enter an 
occupied structure to carry out an arrest, 
he
the agent
 shall verbally advise the local 
law enforcement agency of 
his
the agent's
 location and intended action prior to 
acting.
(2)
A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall each 
carry
 with him
 a written document providing proof and cause for the actions 
he
the 
agent or apprentice
 is taking as a licensee, and shall make the document available to 
local law enforcement agencies upon request.
Section 202, Section 
53-13-113
 is amended to read:
53-13-113
. Authority of peace officers to administer oaths.
A peace officer, as defined in Section 
53-1-102
, who is acting within the scope of 
his or 
her
the peace officer's
 official duties may administer oaths.
Section 203, Section 
53B-13-102
 is amended to read:
53B-13-102
. Definitions.
As used in this chapter:
(1)
"Bonds" means the bonds authorized to be issued by the board under this chapter, and 
may consist of bonds, notes, or debt obligations evidencing an obligation to repay 
borrowed money and payable solely from revenues and other money of the board 
pledged for repayment.
(2)
"Eligible borrower" means a person, or the parent of a person, who is eligible to borrow 
under regulations applicable to the student loan program.
(3)
"Eligible institution" means an institution which is approved by the board and the 
United States Secretary of Education for purposes of the guaranteed loan program.
(4)
"Obligations" means student loan notes and other debt obligations reflecting loans to 
students which the board may take, acquire, buy, sell, or endorse under this chapter, and 
may include a direct or indirect interest in the whole or any part of the notes or 
obligations.
(5)
"Resolution," when used in relation to the issuance of bonds, means the resolution or 
trust agreement securing the bonds.
(6)
"Student" means a person who, under rules promulgated by the board, is enrolled or 
accepted for enrollment at an eligible institution and who is making suitable progress in 
his
the person's
 education toward obtaining a degree or other appropriate certification in 
accordance with standards acceptable to the board.
Section 204, Section 
53B-13-110
 is amended to read:
53B-13-110
. Default by board -- Appointment of a trustee -- Powers of the 
trustee and bondholders.
(1)
If the board defaults in the payment of principal of or interest on an issue of bonds after 
the issue becomes due, whether at maturity or upon call for redemption, and the default 
continues for 30 days, or if the board fails or refuses to comply with this chapter, or 
defaults in an agreement made with the holders of an issue of bonds, the holders of 25% 
of the aggregate principal amount of the bonds of the issue then outstanding, may 
appoint a trustee to represent all holders of that issue of bonds for the purposes provided 
in this section.
(2)
The trustee may, and upon written request of the holders of 25% of the aggregate 
principal amount of the bonds of the issue then outstanding shall, in 
his
the trustee's
own name by action or proceeding enforce all rights of the bondholders including the 
following:
(a)
bringing an action to require the board to collect fees, charges, interest, and 
amortization payments of loans made by it adequate to carry out the agreement as to, 
or pledge of, the fees, charges, interest, and amortization payment on the loans and 
other properties;
(b)
bringing an action to require the board to carry out other agreements with the holders 
of the bonds and to perform its duties under this chapter;
(c)
bringing an action upon the bonds; or
(d)
bringing an action to require the board to account as if it were the trustee of an 
express trust for the holders of the bonds due and payable, and if all defaults are 
made good, then, with the consent of the holders of 25% of the principal amount of 
the issue of bonds then outstanding, to annul the declaration and its consequences.
(3)
The holders of bonds and the trustee authorized by this section shall have all of the 
rights to which they are entitled by virtue of provisions included in the bonds or 
otherwise available to them under law.
Section 205, Section 
53B-13-114
 is amended to read:
53B-13-114
. Mandamus in Supreme Court -- Precedence.
(1)
If an official required by the proceeding authorizing bonds under this chapter to sign the 
bonds refuses to affix 
his
the official's
 signature to 
them
the bonds
, or if the attorney 
general refuses to certify the bonds as legal obligations, alleging illegality of the bonds, 
the board may bring an original action in mandamus in the Supreme Court of Utah.
(2)
The importance to the state and its inhabitants of the program of loans to eligible 
borrowers is such that this action brought in the Supreme Court should be given 
precedence over the other matters pending before the court, and the court is requested to 
give this action precedence and to render its decision concerning it at the earliest 
possible time.
Section 206, Section 
53C-1-301
 is amended to read:
53C-1-301
. Director -- Term -- Compensation -- Removal from office.
(1)
(a)
The board, with the consent of the governor, shall select the director on the basis 
of outstanding professional qualifications pertinent to the purposes and activities of 
the trust.
(b)
If the governor withholds 
his 
consent from a candidate agreed upon by the board, 
he
the governor
 shall give 
his 
reasons in writing to the board.
(2)
The director shall serve a term of four years, or until a successor is selected and 
qualified.
(3)
When a vacancy occurs in the office of the director, the vacancy shall be filled pursuant 
to Subsection 
(1)
 for the remainder of the term.
(4)
(a)
The board:
(i)
shall establish the compensation of the director; and
(ii)
annually report the director's compensation to the Legislature.
(b)
The compensation and performance of the director shall be examined each year as 
part of the board's budget review process.
(5)
(a)
The board may remove the director from office for cause by a majority vote of the 
board.
(b)
(i)
The governor may petition the board for removal of the director for cause.
(ii)
The board shall hold a hearing on the governor's petition within 60 days after its 
receipt.
(iii)
If after the hearing the board finds by a preponderance of the evidence cause for 
removal, it shall remove the director from office by a majority vote.
Section 207, Section 
53C-2-412
 is amended to read:
53C-2-412
. Land subject to federal mineral lease.
(1)
With respect to any tract of land in which the trust acquires or has acquired any interest 
subject to an outstanding federal mineral lease or prospecting permit, the lessee or 
permittee may submit a petition seeking extension of the permit or lease or any other 
action as may be necessary to give to the lessee or permittee any and all rights, 
privileges, and benefits which 
he
the lessee or permittee
 would have had under the 
permit or lease had the trust not acquired its interest in the tract.
(2)
In consideration of the voluntary termination by the federal lessee or permittee of 
his
the
 lease or permit as it relates to that tract, the director may issue to that lessee or 
permittee a lease of the acquired tract or any portion of that tract for recovery of the 
same mineral substances, granting the lessee
 or permittee
 all the rights, privileges, and 
benefits with reference to that tract which 
he
the lessee or permittee
 would have had by 
reason of 
his
the lessee's
 lease or 
permittee's 
permit from the United States had the state 
not acquired its interest in the tract.
Section 208, Section 
53C-5-101
 is amended to read:
53C-5-101
. Management of range resources.
(1)
The director is responsible for the efficient management of all range resources on lands 
under the director's administration, consistent with 
his
the director's
 fiduciary duties of 
financial support to the beneficiaries.
(2)
This management shall be based on sound resource management principles.
Section 209, Section 
54-7-3
 is amended to read:
54-7-3
. Subpoena -- Witness fees -- Depositions.
(1)
(a)
The commission and each commissioner may administer oaths, certify to all 
official acts, and issue subpoenas for the attendance of witnesses and the production 
of papers, waybills, books, accounts, documents, and other evidence in any inquiry, 
investigation, hearing, or proceeding in any part of the state.
(b)
(i)
Each witness who appears by order of the commission or a commissioner shall 
receive the same fees and mileage for 
his
the witness's
 attendance that are 
allowed by law to a witness in the district court.
(ii)
The party at whose request the witness is subpoenaed shall pay the witness and 
mileage fee.
(iii)
When any witness who has not been required to attend at the request of any party 
is subpoenaed by the commission, 
his
the witness's
 fees and mileage shall be paid 
from the funds appropriated for the use of the commission in the same manner as 
other expenses of the commission are paid.
(iv)
Any witness subpoenaed, except one whose fees and mileage may be paid from 
the funds of the commission, may at the time of service, demand the fee to which 
he
the witness
 is entitled for travel to and from the place at which 
he
the witness
is required to appear and one day's attendance.
(v)
If the witness demands the fees at the time of service and 
they
the fees
 are not 
paid at that time, 
he
the witness
 is not required to attend the hearing.
(vi)
All fees or mileage to which any witness is entitled under the provisions of this 
section may be collected by action instituted by the person to whom the fees are 
payable.
(vii)
No witness furnished with free transportation receives mileage for the distance 
he
the witness
 may have traveled.
(2)
The commission or any commissioner or any party may in any investigation before the 
commission cause the depositions of witnesses residing within or without the state to be 
taken in the manner prescribed by law for depositions in civil actions in the district 
courts of this state, and may compel the attendance of witnesses and the production of 
books, waybills, documents, papers, and accounts.
Section 210, Section 
54-7-25
 is amended to read:
54-7-25
. Violations by utilities -- Penalty.
(1)
Any public utility that violates or fails to comply with this title or any rule or order 
issued under this title, in a case in which a penalty is not otherwise provided for that 
public utility, is subject to a penalty of not less than $500 nor more than $2,000 for each 
offense.
(2)
Any violation of this title or any rule or order of the commission by any corporation or 
person is a separate and distinct offense. In the case of a continuing violation, each day's 
continuance of the violation shall be a separate and distinct offense.
(3)
In construing and enforcing the provisions of this title relating to penalties, the act, 
omission, or failure of any officer, agent, or employee of any public utility acting within 
the scope of 
his
the officer's, agent's, or employee's
 official duties or employment shall 
in each case be deemed to be the act, omission, or failure of that public utility.
Section 211, Section 
56-1-21.5
 is amended to read:
56-1-21.5
. Railroad special agents.
(1)
(a)
A railroad company may appoint one or more persons to be designated by the 
railroad company as a railroad special agent for the protection of railroad property 
and the protection of the persons and property of railroad passengers and employees.
(b)
While engaged in the conduct of employment, each appointed railroad special agent 
may possess and exercise the powers of a special function officer.
(c)
The special function officer authority may be exercised only:
(i)
in the protection of passengers and employees on or about railroad premises and in 
the protection of property belonging to passengers, or belonging to or under the 
control of the railroad employing the special agents; and
(ii)
in preventing and making arrest for a violation of law upon the premises or in 
connection with the property.
(2)
(a)
A person appointed by a railroad company to act as a railroad special agent shall, 
prior to appointment, meet the qualifications established for special function officers, 
pursuant to Section 
53-13-105
, or as otherwise provided by law.
(b)
(i)
Before the appointee performs any duties as a special agent, the railroad 
company shall file the name of the appointee with the commissioner of the 
Department of Public Safety.
(ii)
If the appointee meets qualifications for a special function officer, the 
commissioner of the Department of Public Safety shall issue to the special agent a 
certificate of authority to act as a peace officer, to continue in effect during 
his
the special agent's
 employment by the railroad unless revoked by the 
commissioner for cause.
(3)
(a)
A railroad company appointing a special agent is responsible for any liability 
arising from the acts or omissions of the special agent within the scope of railroad 
employment, but is entitled to any defense to liability that may be available to other 
peace officers.
(b)
Neither the state nor any of its political subdivisions is liable for any act or omission 
of a railroad special agent.
Section 212, Section 
57-1-14
 is amended to read:
57-1-14
. Form of mortgage -- Effect.
A mortgage of land may be substantially in the following form:
MORTGAGE
____ (here insert name), mortgagor, of ____ (insert place of residence), hereby 
mortgages to ____ (insert name), mortgagee, of ____ (insert place of residence), for the sum of 
____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here 
describe the premises).
This mortgage is given to secure the following indebtedness (here state amount and form 
of indebtedness, maturity, rate of interest, by and to whom payable, and where).
The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of 
____ dollars 
attorneys'
attorney
 fee in case of foreclosure.
Witness the hand of said mortgagor this __________(month\day\year).
A mortgage when executed as required by law shall have the effect of a conveyance of 
the land therein described, together with all the rights, privileges and appurtenances thereunto 
belonging, to the mortgagee, 
his
the mortgagee's
 heirs, assigns, and legal representatives, as 
security for the payment of the indebtedness thereon set forth, with covenants from the 
mortgagor of general warranty of title, and that all taxes and assessments levied and assessed 
upon the land described, during the continuance of the mortgage, will be paid previous to the 
day appointed for the sale of such lands for taxes; and may be foreclosed as provided by law 
upon any default being made in any of the conditions thereof as to payment of either principal, 
interest, taxes, or assessments.
Section 213, Section 
57-1-19
 is amended to read:
57-1-19
. Trust deeds -- Definitions of terms.
As used in Sections 
57-1-20
 through 
57-1-36
:
(1)
"Beneficiary" means the person named or otherwise designated in a trust deed as the 
person for whose benefit a trust deed is given, or 
his
that person's
 successor in interest.
(2)
"Trustor" means the person conveying real property by a trust deed as security for the 
performance of an obligation.
(3)
"Trust deed" means a deed executed in conformity with Sections 
57-1-20
 through 
57-1-36
 and conveying real property to a trustee in trust to secure the performance of an 
obligation of the trustor or other person named in the deed to a beneficiary.
(4)
"Trustee" means a person to whom title to real property is conveyed by trust deed, or 
his
that person's
 successor in interest.
(5)
"Real property" has the same meaning as set forth in Section 
57-1-1
.
(6)
"Trust property" means the real property conveyed by the trust deed.
Section 214, Section 
57-1-37
 is amended to read:
57-1-37
. Failure to disclose not a basis for liability.
(1)
The failure of an owner of real property to disclose that the property being offered for 
sale is stigmatized is not a material fact that must be disclosed in the transaction of real 
property.
(2)
Neither an owner nor 
his
the owner's
 agent is liable for failing to disclose that the 
property is stigmatized.
Section 215, Section 
57-2-13
 is amended to read:
57-2-13
. Form for certificate of proof.
The certificate of proof shall be substantially in the following form, to wit:
State of Utah, County of ____
On this __________(month\day\year), before me personally appeared ____, personally 
known to me (or satisfactorily proved to me by the oath of ____, a competent and credible 
witness for that purpose, by me duly sworn) to be the same person whose name is subscribed 
to the above instrument as a witness thereto, who, being by me duly sworn, deposed and said 
that he
________
 resides in ____, county of ____, and state of Utah; that 
he
as a subscribing 
witness
 was present and saw ____, personally known to 
him
the subscribing witness
 to be the 
signer of the above instrument as a party thereto, sign and deliver the same, and heard 
him
the 
party
 acknowledge that 
he
the party
 executed the same, and that 
he, the deponent,
the 
subscribing witness
 thereupon signed 
his
his/her
 name as a subscribing witness thereto at the 
request of said ____.
Section 216, Section 
57-2a-2
 is amended to read:
57-2a-2
. Definitions.
As used in this chapter:
(1)
"Acknowledged before me" means:
(a)
that the person acknowledging appeared before the person taking the 
acknowledgment;
(b)
that he acknowledged he executed the document
that the person acknowledging 
executed the document
;
(c)
that, in the case of:
(i)
a natural person, 
he
the natural person
 executed the document for the purposes 
stated in it;
(ii)
a corporation, the officer or agent acknowledged 
he
the officer or agent
 held the 
position or title set forth in the document or certificate, 
he
the officer or agent
signed the document on behalf of the corporation by proper authority, and the 
document was the act of the corporation for the purpose stated in it;
(iii)
a partnership, the partner or agent acknowledged 
he
the partner or agent
 signed 
the document on behalf of the partnership by proper authority, and 
he
the partner 
or agent
 executed the document as the act of the partnership for the purposes 
stated in it;
(iv)
a person acknowledging as principal by an attorney in fact, 
he
that person
executed the document by proper authority as the act of the principal for the 
purposes stated in it; or
(v)
a person acknowledging as a public officer, trustee, administrator, guardian, or 
other representative, 
he
that person
 signed the document by proper authority, and 
he
that person
 executed the document in the capacity and for the purposes stated 
in it; and
(d)
that the person taking the acknowledgment:
(i)
either knew or had satisfactory evidence that the person acknowledging was the 
person named in the document or certificate; and
(ii)
in the case of a person executing a document in a representative capacity, either 
had satisfactory evidence or received the sworn statement or affirmation of the 
person acknowledging that the person had the proper authority to execute the 
document.
(2)
"Notarial act" means any act a notary public is authorized by state law to perform, 
including administering oaths and affirmations, taking acknowledgments of documents, 
and attesting documents.
Section 217, Section 
57-2a-3
 is amended to read:
57-2a-3
. Persons authorized to perform notarial acts.
(1)
Notarial acts performed in this state shall be performed by:
(a)
a judge or court clerk having a seal;
(b)
a notary public; or
(c)
a county clerk or county recorder.
(2)
The following persons authorized under the laws and regulations of other governments 
may perform notarial acts outside this state for use in this state with the same effect as if 
performed by a notary public of this state:
(a)
a notary public authorized to perform notarial acts in the place where the act is 
performed;
(b)
a judge, clerk, or deputy clerk of any court of record in the place where the notarial 
act is performed;
(c)
an officer of the foreign service of the United States, a consular agent, or any other 
person authorized by regulation of the United States Department of State to perform 
notarial acts in the place where the act is performed;
(d)
a commissioned officer in active service with the Armed Forces of the United States 
and any other person authorized by regulation of the Armed Forces to perform 
notarial acts if the notarial act is performed for any of 
his
that person's
 dependents, a 
merchant seaman of the United States, a member of the Armed Forces of the United 
States, or any other person serving with or accompanying the Armed Forces of the 
United States; or
(e)
any other person authorized to perform notarial acts in the place where the act is 
performed.
Section 218, Section 
57-3-102
 is amended to read:
57-3-102
. Record imparts notice -- Change in interest rate -- Validity of 
document -- Notice of unnamed interests -- Conveyance by grantee.
(1)
Each document executed, acknowledged, and certified, in the manner prescribed by this 
title, each original document or certified copy of a document complying with Section 
57-4a-3
, whether or not acknowledged, each copy of a notice of location complying with 
Section 
40-1-4
, and each financing statement complying with Section 
70A-9a-502
, 
whether or not acknowledged shall, from the time of recording with the appropriate 
county recorder, impart notice to all persons of their contents.
(2)
If a recorded document was given as security, a change in the interest rate in accordance 
with the terms of an agreement pertaining to the underlying secured obligation does not 
affect the notice or alter the priority of the document provided under Subsection 
(1)
.
(3)
This section does not affect the validity of a document with respect to the parties to the 
document and all other persons who have notice of the document.
(4)
The fact that a recorded document recites only a nominal consideration, names the 
grantee as trustee, or otherwise purports to be in trust without naming beneficiaries or 
stating the terms of the trust does not charge any third person with notice of any interest 
of the grantor or of the interest of any other person not named in the document.
(5)
The grantee in a recorded document may convey the interest granted to 
him
the grantee
free and clear of all claims not disclosed in the document in which 
he
the grantee
appears as grantee or in any other document recorded in accordance with this title that 
sets forth the names of the beneficiaries, specifies the interest claimed, and describes the 
real property subject to the interest.
Section 219, Section 
57-4a-4
 is amended to read:
57-4a-4
. Presumptions.
(1)
A recorded document creates the following presumptions regarding title to the real 
property affected:
(a)
the document is genuine and was executed voluntarily by the person purporting to 
execute it;
(b)
the person executing the document and the person on whose behalf it is executed are 
the persons they purport to be;
(c)
the person executing the document was neither incompetent nor a minor at any 
relevant time;
(d)
delivery occurred notwithstanding any lapse of time between dates on the document 
and the date of recording;
(e)
any necessary consideration was given;
(f)
the grantee, transferee, or beneficiary of an interest created or described by the 
document acted in good faith at all relevant times;
(g)
a person executing a document as an agent, attorney in fact, officer of an 
organization, or in a fiduciary or official capacity:
(i)
held the position 
he
that the person executing the document
 purported to hold and 
acted within the scope of 
his
that person's
 authority;
(ii)
in the case of an officer of an organization, was authorized under all applicable 
laws to act on behalf of the organization; and
(iii)
in the case of an agent, 
his
the agent's
 agency was not revoked, and 
he
the agent
acted for a principal who was neither incompetent nor a minor at any relevant 
time;
(h)
a person executing the document as an individual:
(i)
was unmarried on the effective date of the document; or
(ii)
if it otherwise appears from the document that the person was married on the 
effective date of the document, the grantee was a bona fide purchaser and the 
grantor received adequate and full consideration in money or money's worth so 
that the joinder of the nonexecuting spouse was not required under Sections 
75-2-201
 through 
75-2-207
;
(i)
if the document purports to be executed pursuant to or to be a final determination in a 
judicial or administrative proceeding, or to be executed pursuant to a power of 
eminent domain, the court, official body, or condemnor acted within its jurisdiction 
and all steps required for the execution of the document were taken; and
(j)
recitals and other statements of fact in a document, including without limitation 
recitals concerning mergers or name changes of organizations, are true.
(2)
The presumptions stated in Subsection 
(1)
 arise even though the document purports only 
to release a claim or to convey any right, title, or interest of the person executing it or the 
person on whose behalf it is executed.
Section 220, Section 
57-8-6
 is amended to read:
57-8-6
. Ownership and possession rights.
Each unit owner shall be entitled to the exclusive ownership and possession of 
his
that 
unit owner's
 unit. The owner of a time period condominium unit shall be entitled to the 
exclusive ownership and possession of the physical unit to which 
his
that owner's
 time period 
relates and shall be entitled to the use and enjoyment of the common areas and facilities 
during, but only during, such annually recurring part or parts of a year as describe and define 
the time period unit concerned in the declaration.
Section 221, Section 
57-8-8
 is amended to read:
57-8-8
. Compliance with covenants, bylaws and/or house rules and 
administrative provisions.
Subject to reasonable compliance therewith by the manager and the management 
committee, each unit owner shall reasonably comply with the covenants, conditions, and 
restrictions as set forth in the declaration or in the deed to 
his
that unit owner's
 unit, and with 
the bylaws and/or house rules and with the administrative rules and regulations drafted 
pursuant thereto, as either of the same may be lawfully amended from time to time, and failure 
to comply shall be ground for an action to recover sums due for damages or injunctive relief or 
both, maintainable by the manager or management committee on behalf of the unit owners, or 
in a proper case, by an aggrieved unit owner.
Section 222, Section 
57-8-13.14
 is amended to read:
57-8-13.14
. Easement rights -- Sales offices and model units -- Damage to 
property.
(1)
Subject to any restrictions and limitations the declaration may specify, the declarant 
shall have a transferable easement over and on the common areas and facilities for the 
purpose of making improvements on the land within the project or on any additional 
land under the declaration and this act, and for the purpose of doing all things reasonably 
necessary and proper in connection with the same.
(2)
The declarant and 
his
the declarant's
 duly authorized agents, representatives, and 
employees may maintain sales offices or model units on the land within the project if the 
declaration provides for the same and specifies the rights of the declarant about the 
number, size, location, and relocation of them. Any sales office or model unit which is 
not designated a unit by the declaration shall become a common area and facility as soon 
as the declarant ceases to be a unit owner, and the declarant shall cease to have any 
rights concerning it unless the sales office or model unit is removed immediately from 
the land included within the project in accordance with a right reserved in the 
declaration to make this removal.
(3)
To the extent that damage is inflicted on any part of the condominium project by any 
person or persons utilizing the easements reserved by the declaration or created by 
Subsections 
(1)
 and 
(2)
 of this section, the declarant, together with the person or persons 
causing the same, shall be jointly and severally liable for the prompt repair of the 
damage and for the restoration of the same to a condition compatible with the remainder 
of the condominium project.
Section 223, Section 
57-8-32.5
 is amended to read:
57-8-32.5
. Property taken by eminent domain -- Allocation of award -- 
Reallocation of interests.
(1)
If any portion of the common areas and facilities is taken by eminent domain, the award 
for it shall be allocated to the unit owners in proportion to their respective undivided 
interests in the common areas and facilities.
(2)
If any units are taken by eminent domain, the undivided interest in the common areas 
and facilities appertaining to these units shall thenceforth appertain to the remaining 
units, being allocated to them in proportion to their respective undivided interests in the 
common areas and facilities. The court shall enter a decree reflecting the reallocation of 
undivided interests so produced, and the award shall include, without limitation, just 
compensation to the unit owner of any unit taken for 
his
the unit owner's
 undivided 
interest in the common areas and facilities as well as for 
his
the unit owner's
 unit.
(3)
If portions of any unit are taken by eminent domain, the court shall determine the fair 
market value of the portions of the unit not taken, and the undivided interest in the 
common areas and facilities appertaining to any such units shall be reduced, in the case 
of each unit, in proportion to the diminution in the fair market value of the unit resulting 
from the taking. The portions of undivided interest in the common areas and facilities 
thus divested from the unit owners of these units shall be reallocated among these units 
and the other units in the condominium project in proportion to their respective 
undivided interests in the common areas and facilities, with any units partially taken 
participating in the reallocation on the basis of their undivided interests as reduced in 
accordance with the preceding sentence. The court shall enter a decree reflecting the 
reallocation of undivided interests produced by this, and the award shall include, without 
limitation, just compensation to the unit owner of any unit partially taken for that portion 
of 
his
the unit owner's
 undivided interest in the common areas and facilities divested 
from 
him
the unit owner
 by operation of the first sentence of this Subsection 
(3)
, and 
not revested in 
him
the unit owner
 by operation of the following sentence, as well as for 
that portion of 
his
the unit owner's
 unit taken by eminent domain.
(4)
The court shall enter a decree reflecting the reallocation of undivided interests produced 
by this, and the award shall include, without limitation, just compensation to the unit 
owner of any unit partially taken for that portion of 
his
the unit owner's
 undivided 
interest in the common areas and facilities divested from 
him
the unit owner
 and also 
not revested in 
him
the unit owner
 under this Subsection 
(4)
, as well as for that portion 
of 
his
the unit owner's
 unit taken by eminent domain.
(5)
If, however, the taking of a portion of any unit makes it impractical to use the remaining 
portion of that unit for any lawful purpose permitted by the declaration, then the entire 
undivided interest in the common areas and facilities appertaining to that unit shall 
thenceforth appertain to the remaining units, being allocated to them in proportion to 
their respective undivided interest in the common areas and facilities, and the remaining 
portion of that unit shall thenceforth be a common area and facility. The court shall enter 
a decree reflecting the reallocation of undivided interests produced by this, and the 
award shall include, without limitation, just compensation to the unit owner of the unit 
for 
his
the unit owner's
 entire undivided interest in the common areas and facilities and 
for 
his
the unit owner's
 entire unit.
Section 224, Section 
57-12-6
 is amended to read:
57-12-6
. Buildings, structures, or other improvements.
(1)
Where any interest in real property is acquired, an equal interest in all buildings, 
structures, or other improvements located upon the real property so acquired and which 
is required to be removed from the real property or which is determined to be adversely 
affected by the use to which the real property will be put, shall be acquired.
(2)
For the purpose of determining the just compensation to be paid for any building, 
structure, or other improvement required to be acquired under Subsection 
(1)
, the 
building, structure, or other improvement shall be deemed to be a part of the real 
property to be acquired, notwithstanding the right or obligation of a tenant, as against the 
owner of any other interest in the real property, to remove the building, structure, or 
improvement at the expiration of 
his
the tenant's
 term; and the fair market value which 
the building, structure, or improvement contributes to the fair market value of the 
property to be acquired, or the fair market value of the building, structure, or 
improvement for removal from the real property, whichever is the greater, shall be paid 
to the tenant therefor.
(3)
Payment for the buildings, structures, or improvements as set forth in Subsection 
(2)
shall not result in duplication of any payments otherwise authorized by state law. No 
payment shall be made unless the owner of the land involved disclaims all interest in the 
improvements of the tenant. In consideration for any payment, the tenant shall assign, 
transfer, and release all 
his
the tenant's
 right, title and interest in and to the 
improvements. Nothing with regard to this acquisition of buildings, structures, or other 
improvements shall be construed to deprive the tenants of any rights to reject payment 
and to obtain payment for these property interests in accordance with other laws of this 
state.
Section 225, Section 
57-12-7
 is amended to read:
57-12-7
. Replacement property.
(1)
No person shall be required to move or be relocated from land used for 
his
the person's
residence and acquired under any of the condemnation or eminent domain laws of this 
state until 
he
the person
 has been offered a comparable replacement dwelling, including 
the curtilage, which is a decent, safe, clean, and sanitary dwelling, including the 
curtilage, adequate to accommodate the occupants, available on the private market, and 
reasonably accessible to public services and places of employment.
(2)
If a program or project cannot proceed to actual construction because comparable sale 
or rental housing is not available and cannot otherwise be made available, such action 
shall be taken as is necessary or appropriate to provide this housing by use of funds 
authorized for the project.
(3)
No person shall be required to move from 
his
the person's
 dwelling, including the 
curtilage, after the effective date of this act because of any project of the agency, unless 
replacement housing is available to, and offered to the property owner.
(4)
The agency shall assist owners of small businesses and family farms in identifying 
replacement properties available on the private market, located within the jurisdiction of 
the agency.
Section 226, Section 
57-19-17
 is amended to read:
57-19-17
. Administrative procedures.
(1)
The director may summarily deny an application for registration under any of the 
provisions of Section 
57-19-13
 or 
57-19-16
. If a registration is denied, the applicant 
may, within 10 days after receipt of notice of the denial, request a hearing before an 
administrative law judge. The director shall schedule the hearing within 30 days after 
receipt of the applicant's request and give notice of the hearing in writing to the 
applicant, specifying the reasons for denial of the registration. If, as a result of the 
hearing, it is determined that the applicant is qualified to be registered, the registration 
shall be issued.
(2)
Before an existing registration is suspended or revoked, or a fine imposed, the director 
shall schedule a hearing before an administrative law judge and give notice in writing to 
the affected person as prescribed in 
Title 13, Chapter 1, Department of Commerce
, and 
the rules of procedure for hearings before the Department of Commerce. If, as a result 
of the hearing, the administrative law judge finds that there has been a violation of this 
chapter, the registration shall be suspended or revoked, or a fine imposed, by written 
order of the director in concurrence with the executive director.
(3)
The developer or salesperson has the right to appear at the hearing, in person or by 
counsel, to be heard and to examine witnesses appearing in connection with the 
complaint. At the hearing, all witnesses shall be sworn by the administrative law judge, 
and stenographic notes or a tape recording of the proceeding shall be taken and filed as a 
part of the record in the case. Any party to the proceeding shall be furnished a copy of 
the stenographic notes or tape recording at a reasonable cost. The administrative law 
judge shall render a decision within 60 days after the completion of the hearing. The 
executive director and the director shall concurrently make the final decision and 
promptly notify the parties to the proceedings, in writing, of the ruling, order, or 
decision.
(4)
The developer or salesperson, or any person aggrieved, may appeal any adverse ruling, 
order, or decision of the executive director and the director to the district court for the 
county in which the hearing was held, within 30 days from the date of service of notice 
of the ruling, order, or decision upon 
him
the developer, salesperson, or aggrieved 
person
. At the time of filing the notice of appeal, the appellant shall file with the notice 
a bond for costs on appeal in the amount of $200, conditioned to secure the payment of 
costs if the appeal is dismissed or the judgment affirmed.
Section 227, Section 
57-19-18
 is amended to read:
57-19-18
. Investigation -- Publication.
(1)
The director may make any investigations or requests for information, within or outside 
of this state, that 
he
the director
 considers necessary:
(a)
to determine whether any registration under this chapter should be granted, denied, 
or revoked;
(b)
to determine whether any person has violated or is about to violate any of the 
provisions of this chapter or any rule or order under this chapter; or
(c)
to aid in the enforcement of this chapter.
(2)
The director may publish information concerning any violation of this chapter or any 
rule or order under this chapter.
Section 228, Section 
57-19-23
 is amended to read:
57-19-23
. Prosecution.
The director may refer any available evidence concerning violations of this chapter or of 
any rule or order under this chapter to the attorney general or the proper prosecuting attorney, 
who may, in 
his
the attorney's
 discretion, with or without such a referral, institute the 
appropriate civil or criminal proceedings under this chapter.
Section 229, Section 
57-22-3
 is amended to read:
57-22-3
. Duties of owners and renters -- Generally.
(1)
Each owner and 
his
the owner's
 agent renting or leasing a residential rental unit shall 
maintain that unit in a condition fit for human habitation and in accordance with local 
ordinances and the rules of the board of health having jurisdiction in the area in which 
the residential rental unit is located. Each residential rental unit shall have electrical 
systems, heating, plumbing, and hot and cold water.
(2)
Each renter shall cooperate in maintaining 
his
the renter's
 residential rental unit in 
accordance with this chapter.
(3)
This chapter does not apply to breakage, malfunctions, or other conditions which do not 
materially affect the physical health or safety of the ordinary renter.
(4)
Any duty in this act may be allocated to a different party by explicit written agreement 
signed by the parties.
Section 230, Section 
58-1-105
 is amended to read:
58-1-105
. Employment of staff.
The director, with the approval of the executive director, may employ necessary staff, 
including specialists and professionals, to assist 
him
the director
 in performing the duties, 
functions, and responsibilities of the division.
Section 231, Section 
58-3a-603
 is amended to read:
58-3a-603
. Seal -- Authorized use.
(1)
An architect may only affix the architect's seal to a plan and a specification when the 
plan and the specification:
(a)
(1)
was personally prepared by the architect;
(b)
(2)
was prepared by an employee, subordinate, associate, or drafter under the 
supervision of a licensee, provided the licensee or a principal affixing 
his
the
 seal 
assumes responsibility;
(c)
(3)
was prepared by a licensed architect, professional engineer, or professional 
structural engineer in this state or any other state provided:
(i)
(a)
the licensee in this state affixing the seal performs a thorough review of all work 
for compliance with all applicable laws and rules and the standards of the profession; 
and
(ii)
(b)
makes any necessary corrections before submitting the final plan and 
specification:
(A)
(i)
to a building official for the purpose of obtaining a building permit; or
(B)
(ii)
to a client who has contracted with an architect for the design of a building, 
when the architect represents, or could reasonably expect the client to consider, 
the plans and a specification to be complete and final;
(d)
(4)
was prepared in part by a licensed architect, professional engineer, or professional 
structural engineer in this state or any other state provided:
(i)
(a)
the licensee in this state clearly identifies that portion of the plans and 
specification for which the licensee is responsible;
(ii)
(b)
the licensee in this state affixing the seal performs a thorough review of that 
portion of the plan and specification for which the licensee is responsible for 
compliance with the standards of the profession; and
(iii)
(c)
makes any necessary corrections before submitting the final plan and 
specification for which the licensee is responsible:
(A)
(i)
to a building official for the purpose of obtaining a building permit; or
(B)
(ii)
to a client who has contracted with an architect for the design of a building, 
when the architect represents, or could reasonably expect the client to consider, 
the plans and specifications to be complete and final;
(e)
(5)
was prepared by a person exempt from licensure as an architect, professional 
engineer, or professional structural engineer provided that:
(i)
(a)
the licensee in this state affixing the seal performs a thorough review for 
compliance with all applicable laws and rules and the standards of the profession; and
(ii)
(b)
makes any necessary corrections before submitting the final plan and 
specification:
(A)
(i)
to a building official for the purpose of obtaining a building permit; or
(B)
(ii)
to a client who has contracted with an architect for the design of a building, 
when the architect represents, or could reasonably expect the client to consider, 
the plan and specification to be complete and final; or
(f)
(6)
meet any additional requirements established by rule by the division in 
collaboration with the board.
Section 232, Section 
58-16a-201
 is amended to read:
58-16a-201
. Creation of board -- Board duties and functions.
(1)
There is created an Optometrist Licensing Board consisting of five optometrists and two 
members from the general public who do not provide eye care services.
(2)
The board shall be appointed and serve in accordance with Section 
58-1-201
.
(3)
The board's duties and responsibilities shall be in accordance with Sections 
58-1-202
and 
58-1-203
, and as provided under this Subsection 
(3)
.
(4)
The board shall designate one of its members on a permanent or rotating basis to:
(a)
assist the division in reviewing complaints concerning the unlawful or unprofessional 
conduct of a licensee; and
(b)
advise the division in its investigation of these complaints.
(5)
A board member who has, under Subsection 
(4)
, reviewed a complaint or advised in its 
investigation may be disqualified from participating with the board when the board 
serves as a presiding officer in an adjudicative proceeding concerning the complaint. 
The board member may be disqualified:
(a)
on 
his
the board member's
 own motion, due to actual or perceived bias or lack of 
objectivity; or
(b)
upon challenge for cause raised on the record by any party to the adjudicative 
proceeding.
Section 233, Section 
58-16a-701
 is amended to read:
58-16a-701
. Form of practice.
(1)
An optometrist licensed under this chapter may engage in practice as an optometrist or 
in the practice of optometry only as an individual licensee. However, as an individual 
licensee
 he
, the optometrist
 may be:
(a)
an individual operating as a business proprietor;
(b)
an employee of another person or corporation;
(c)
a partner in a lawfully organized partnership;
(d)
a lawfully formed professional corporation;
(e)
a lawfully organized limited liability company;
(f)
a lawfully organized business corporation; or
(g)
any other form of organization recognized by the state and which is not prohibited by 
division rule made in collaboration with the board.
(2)
Regardless of the form in which a licensee engages in the practice of optometry, the 
licensee may only permit the practice of optometry in that form of practice to be 
conducted by an individual:
(a)
licensed in Utah as an optometrist under Section 
58-16a-301
; and
(b)
who is able to lawfully and competently engage in the practice of optometry.
Section 234, Section 
58-22-603
 is amended to read:
58-22-603
. Seal -- Authorized use.
(1)
A professional engineer or professional structural engineer may only affix the licensee's 
seal to a plan, specification, and report when the plan, specification, and report:
(a)
was personally prepared by the licensee;
(b)
was prepared by an employee, subordinate, associate, or drafter under the 
supervision of a licensee, provided the licensee or a principal affixing 
his
the
 seal 
assumes responsibility;
(c)
was prepared by a licensed professional engineer, professional structural engineer, or 
architect in this state or any other state provided:
(i)
the licensee in this state affixing the seal performs a thorough review of all work 
for compliance with all applicable laws and rules and the standards of the 
profession; and
(ii)
makes any necessary corrections before submitting the final plan, specification, or 
report:
(A)
to a building official for the purpose of obtaining a building permit; or
(B)
to a client who has contracted with a professional engineer or professional 
structural engineer for the design of a building or structure, when the licensee 
represents, or could reasonably expect the client to consider, the plan, 
specification, or report to be complete and final;
(d)
was prepared in part by a licensed professional engineer, professional structural 
engineer, or architect in this state or any other state provided:
(i)
the licensee in this state clearly identifies that portion of the plan, specification, or 
report for which the licensee is responsible;
(ii)
the licensee in this state affixing the seal performs a thorough review of that 
portion of the plan, specification, or report for which the licensee is responsible 
for compliance with the standards of the profession; and
(iii)
makes any necessary corrections before submitting the final plan, specification, 
or report for which the licensee is responsible:
(A)
to a building official for the purpose of obtaining a building permit; or
(B)
to a client who has contracted with a professional engineer or professional 
structural engineer for the design of a building or structure, when the licensee 
represents, or could reasonably expect the client to consider, the plans, 
specifications, or reports to be complete and final;
(e)
was prepared by a person exempt from licensure as a professional engineer, 
professional structural engineer, or architect provided that:
(i)
the licensee in this state affixing the seal performs a thorough review for 
compliance with all applicable laws and rules and the standards of the profession; 
and
(ii)
makes any necessary corrections before submitting the final plan, specification, or 
report:
(A)
to a building official for the purpose of obtaining a building permit; or
(B)
to a client who has contracted with a professional engineer, professional 
structural engineer, or architect for the design of a building or structure, when 
the licensee represents, or could reasonably expect the client to consider, the 
plan, specification, or report to be complete and final; or
(f)
meet any additional requirements established by rule by the division in collaboration 
with the board.
(2)
A professional land surveyor may only affix the licensee's seal to a plan, map, sketch, 
survey, drawing, document, plat, and report when the plan, map, sketch, survey, 
drawing, document, plat, and report:
(a)
was personally prepared by the licensee; or
(b)
was prepared by an employee, subordinate, associate, or drafter under the 
supervision of a professional land surveyor, provided the professional land surveyor 
or a principal affixing 
his
the
 seal assumes responsibility.
Section 235, Section 
58-31b-801
 is amended to read:
58-31b-801
. Practice within limits of competency.
(1)
Each person licensed under this chapter is responsible for confining 
his
the person's
practice as a nurse to those acts and practices permitted by law.
(2)
A person licensed under this act may not engage in any act or practice for which 
he
the 
person
 is not competent.
Section 236, Section 
58-37-15
 is amended to read:
58-37-15
. Burden of proof in proceedings on violations -- Enforcement officers 
exempt from liability.
(1)
It is not necessary for the state to negate any exemption or exception set forth in this act 
in any complaint, information, indictment or other pleading or trial, hearing, or other 
proceeding under this act, and the burden of proof of any exemption or exception is 
upon the person claiming its benefit.
(2)
In absence of proof that a person is the duly authorized holder of an appropriate license, 
registration, order form, or prescription issued under this act, 
he
a person
 shall be 
presumed not to be the holder of a license, registration, order form, or prescription, and 
the burden of proof is upon 
him
the person
 to rebut the presumption.
(3)
No liability shall be imposed upon any duly authorized state or federal officer engaged 
in the enforcement of this act who is engaged in the enforcement of any law, municipal 
ordinance, or regulation relating to controlled substances.
Section 237, Section 
58-41-16
 is amended to read:
58-41-16
. Privileged communication.
A person licensed under this chapter may not be examined or required to reveal any 
findings, examinations, or representation made 
by his client to him
to the licensed person by 
the licensed person's client
, or any advice or treatment given to 
his
the
 client in the course of 
professional practice, without the consent of 
his
the
 client or the client's representative. A 
person employed by a person licensed under this chapter may not be examined without the 
consent of the employer concerning any fact of which the employee has acquired knowledge in 
his
the employee's
 professional capacity.
Section 238, Section 
58-49-7
 is amended to read:
58-49-7
. Certificates -- Display -- Surrender.
(1)
Any person who meets the certification qualifications of this chapter shall receive a 
certificate stating that 
he
the person
 has met these qualifications.
(2)
Each certified dietitian shall:
(a)
display the certificate in an appropriate, conspicuous, and public manner; and
(b)
keep the division informed of 
his
the certified dietitian's
 current address.
(3)
A certificate issued by the division is the property of the division and shall be 
surrendered on demand.
Section 239, Section 
58-50-5
 is amended to read:
58-50-5
. Qualifications for licensure.
An applicant for licensure as a private probation provider shall:
(1)
have a baccalaureate degree in a program approved by the division in collaboration with 
the board or have a combination of equivalent education and training as determined by 
the division in collaboration with the board;
(2)
submit evidence that a business license to engage in private probation has been issued 
by the political subdivision of the state in which the applicant intends to establish 
his
a
business office or offices; and
(3)
apply for licensure and pay the required fees.
Section 240, Section 
58-55-601
 is amended to read:
58-55-601
. Payment -- Account designated.
When making any payment to a materialman, supplier, contractor, or subcontractor with 
whom 
he
a contractor
 has a running account, or with whom 
he
the contractor
 has more than 
one contract, or to whom 
he
the contractor
 is otherwise indebted, the contractor shall 
designate the contract under which the payment is made or the items of account to which it is 
to be applied. When a payment for materials or labor is made to a subcontractor or 
materialman, the subcontractor or materialman shall demand of the person making the 
payment a designation of the account and the items of account to which the payment is to 
apply. In cases where a lien is claimed for materials furnished or labor performed by a 
subcontractor or materialman, it is a defense to the claim that a payment was made by the 
owner to the contractor for the materials and was so designated and paid over to the 
subcontractor or materialman, if when the payment was received by the subcontractor or 
materialman, 
he
the subcontractor or materialman
 did not demand a designation of the 
account and of the items of account to which the payment was to be applied.
Section 241, Section 
58-55-603
 is amended to read:
58-55-603
. Payment to subcontractors and suppliers.
(1)
When a contractor receives any construction funds from an owner or another contractor 
for work performed and billed, 
he
the contractor receiving funds
 shall pay each of 
his
that contractor's
 subcontractors and suppliers in proportion to the percentage of the work 
they performed under that billing, unless otherwise agreed by contract.
(2)
If, under this section and without reasonable cause, or unless otherwise agreed by 
contract, the contractor fails to pay for work performed by 
his 
subcontractors or 
suppliers within 30 consecutive days after receiving construction funds from the owner 
or another contractor for work performed and billed, or after the last day payment is due 
under the terms of the billing, whichever is later, 
he
the contractor receiving funds
 shall 
pay to the subcontractor or supplier, in addition to the payment, interest in the amount of 
1% per month of the amount due, beginning on the day after payment is due, and 
reasonable costs of any collection and 
attorney's
attorney
 fees.
(3)
When a subcontractor receives any construction payment under this section, 
Subsections 
(1)
 and 
(2)
 apply to that subcontractor.
Section 242, Section 
58-67-802
 is amended to read:
58-67-802
. Form of practice.
(1)
A physician and surgeon licensed under this chapter may engage in practice as a 
physician and surgeon, or in the practice of medicine only as an individual licensee; but 
as an individual licensee, 
he
a physician and surgeon
 may be:
(a)
an individual operating as a business proprietor;
(b)
an employee of another person;
(c)
a partner in a lawfully organized partnership;
(d)
a lawfully formed professional corporation;
(e)
a lawfully organized limited liability company;
(f)
a lawfully organized business corporation; or
(g)
any other form of organization recognized by the state which is not prohibited by 
division rule made in collaboration with the board.
(2)
Regardless of the form in which a licensee engages in the practice of medicine, the 
licensee may only permit the practice of medicine in that form of practice to be 
conducted by an individual:
(a)
licensed in Utah as a physician and surgeon under Section 
58-67-301
 or as an 
osteopathic physician and surgeon under Section 
58-68-301
; and
(b)
who is able to lawfully and competently engage in the practice of medicine.
Section 243, Section 
58-69-804
 is amended to read:
58-69-804
. Form of practice.
(1)
A dentist licensed under this chapter may engage in practice as a dentist, or in the 
practice of dentistry only as an individual licensee, but as an individual licensee, 
he
the 
individual licensee
 may be:
(a)
an individual operating as a business proprietor;
(b)
an employee of another person;
(c)
a partner in a lawfully organized partnership;
(d)
a lawfully formed professional corporation;
(e)
a lawfully organized limited liability company;
(f)
a lawfully organized business corporation; or
(g)
any other form of organization recognized by the state which is not prohibited by 
rule adopted by division rules made in collaboration with the board.
(2)
Regardless of the form in which a licensee engages in the practice of dentistry, the 
licensee may not permit another person who is not licensed in Utah as a dentist and is 
not otherwise competent to engage in the practice of dentistry to direct, or in any other 
way participate in, or interfere in the licensee's practice of dentistry.
Section 244, Section 
59-1-701
 is amended to read:
59-1-701
. Grounds for termination and jeopardy assessment -- Notice -- 
Collection -- Reopening period -- Bond.
(1)
If the commission finds that a taxpayer intends quickly to depart from this state or to 
remove 
his
the taxpayer's
 property therefrom, or to conceal 
himself or his
the taxpayer 
or the taxpayer's
 property therein, or to do any other act (including in the case of a 
taxpayer selling or otherwise distributing all or a part of its assets in liquidation or 
otherwise) tending to prejudice or to render wholly or partially ineffectual proceedings 
to collect any tax or penalty in lieu of tax for the current or the preceding taxable period, 
unless such proceedings be brought without delay, the commission may declare the 
taxable period for such taxpayer immediately terminated whether or not the time 
otherwise allowed by law for filing returns and paying the liability has expired. The 
commission shall immediately make a determination of tax for the current taxable period 
or for the preceding period, or both, and notwithstanding any other provision of law, the 
tax shall become immediately due and payable. The commission shall immediately 
assess the amount of the tax so determined (together with all interest, penalties, 
additional amounts, and additions to the tax provided by law) for the current taxable 
period or such preceding taxable period, or both, and shall give the notice of 
determination and assessment to the taxpayer, together with a demand for immediate 
payment of the tax.
(2)
In the case of a current taxable period, the commission shall determine the tax for the 
period beginning on the first day of the current taxable period and ending on the date of 
the determination under Subsection 
(1)
 as though the period were a taxable period of the 
taxpayer. The commission shall take into account any prior determination made under 
this subsection with respect to such current taxable period. Any amounts collected as a 
result of any assessments under this subsection shall be treated as a partial payment of 
tax for the taxable period.
(3)
Notwithstanding the termination of the taxable period of the taxpayer as provided in 
Subsection 
(1)
, the commission may reopen such taxable period each time the taxpayer 
is found by the commission to have incurred additional liabilities, within the current 
taxable period, since the termination of such period. A taxable period so terminated by 
the commission may be reopened by the taxpayer if 
he
the taxpayer
 files a true and 
accurate return, as required under 
Title 59, Chapter 2, Property Tax Act
,
Chapter 2, 
Property Tax Act, 
Chapter 7, Corporate Franchise and Income Taxes
, 
Chapter 10, 
Individual Income Tax Act
, or 
Chapter 12, Sales and Use Tax Act
, for the taxable 
period, together with such other information as the commission may by rule prescribe.
(4)
Payment of taxes may not be enforced by any proceedings under Subsection 
(1)
 prior to 
the expiration of the time otherwise allowed for paying such taxes if the taxpayer 
furnishes, under rules prescribed by the commission, a bond to ensure the timely making 
of returns with respect to, and payment of, the taxes, penalties, or interest for prior 
periods.
Section 245, Section 
59-1-707
 is amended to read:
59-1-707
. Writ of mandate requiring taxpayer to file return.
(1)
(a)
If a taxpayer fails to file any return required pursuant to 
Title 59, Revenue and 
Taxation
,
this title
 within 60 days of the time prescribed, the commission may 
petition for a writ of mandate to compel the taxpayer to file the return. The petition 
may be filed, in the discretion of the commission, in the Tax Division of the Third 
Judicial District or in the district court for the county in which the taxpayer resides or 
has 
his
a
 principal place of business. In the case of a nonresident taxpayer the 
petition shall be filed in the Third District Court.
(b)
The court shall grant a hearing on the petition for a writ of mandate within 20 days 
after the filing of the petition or as soon thereafter as the court may determine, having 
regard for the rights of the parties and the necessity of a speedy determination of the 
petition.
(c)
Upon a finding of failure to file a return within 60 days of the time prescribed 
pursuant to 
Title 59, Revenue and Taxation
,
this title
 the court shall issue a writ of 
mandate requiring the taxpayer to file a return. The order of the court shall include 
an award of 
attorneys' fees
attorney fees
, court costs, witness fees, and all other 
costs in favor of the prevailing party.
(2)
Nothing in this section shall limit the remedies otherwise available to the commission 
under 
Title 59, Revenue and Taxation
,
this title
 or other laws of this state.
Section 246, Section 
59-1-1002
 is amended to read:
59-1-1002
. Audit interviews.
(1)
During any audit interview, the commission shall:
(a)
require reasonable scheduling of its audit interviews;
(b)
permit recording of audit interviews;
(c)
explain its audit and collection process before the first interview; and
(d)
allow a taxpayer to be represented at an interview by an attorney or other 
representative with power of attorney.
(2)
The commission may not require a taxpayer to bring 
his
an
 attorney or other 
representative to interviews.
Section 247, Section 
59-1-1004
 is amended to read:
59-1-1004
. Installment payments.
(1)
The commission may enter into agreements with taxpayers on installment payments of 
taxes, penalties, and interest. The commission may revise, accelerate, or cancel the 
installment agreement if any of the following occurs:
(a)
the commission determines that the financial condition of the taxpayer has 
substantially changed;
(b)
the commission determines that the taxpayer provided inaccurate information 
concerning 
his
the taxpayer's
 financial condition; or
(c)
the taxpayer fails to make timely payments pursuant to the terms of the installment 
agreement.
(2)
The commission shall give the taxpayer reasonable notice of its intent to revise or 
cancel an installment agreement entered into under this section.
Section 248, Section 
59-2-326
 is amended to read:
59-2-326
. Assessment roll delivered to county treasurer.
Before November 1, the county auditor must deliver the corrected assessment roll to the 
county treasurer, together with a signed statement subscribed by 
him
the county auditor
 in a 
form substantially as follows:
I, ____ county auditor of the county of ____, do swear that I received the accompanying 
assessment roll of the taxable property of the county from the assessor, and that I have 
corrected it and made it conform to the requirements of the county board of equalization and 
commission, that I have reckoned the respective sums due as taxes and have added up the 
columns of valuations, taxes, and acreage as required by law.
Section 249, Section 
59-10-512
 is amended to read:
59-10-512
. Signing of returns and other documents.
(1)
Except as otherwise provided by Subsection 
(2)
, any return, statement, or other 
document required to be made under any provision of this chapter shall be signed in 
accordance with forms or rules prescribed by the commission.
(2)
The return of a partnership made under Section 
59-10-507
 shall be signed by any one of 
the partners. The fact that a partner's name is signed on the return shall be prima facie 
evidence that such partner is authorized to sign the return on behalf of the partnership.
(3)
The fact that an individual's name is signed on a return, statement, or other document 
shall be prima facie evidence for all purposes that the return, statement, or other 
document was actually signed by 
him
the individual
.
Section 250, Section 
59-12-112
 is amended to read:
59-12-112
. Tax a lien when selling business -- Liability of purchaser.
The tax imposed by this chapter shall be a lien upon the property of any person who 
sells out 
his
the person's
 business or stock of goods or quits business. Such person shall 
complete the return provided for under Section 
59-12-107
, within 30 days after the date 
he
the person
 sold 
his
the
 business or stock of goods, or quit business. Such person's successor 
in business shall withhold enough of the purchase money to cover the amount of taxes due 
and unpaid until the former owner produces a receipt from the commission showing that the 
taxes have been paid, or a certificate that no taxes are due. If the purchaser of a business or 
stock of goods fails to withhold such purchase money and the taxes are due and unpaid after 
the 30-day period allowed, 
he
the purchaser
 is personally liable for the payment of the taxes 
collected and unpaid by the former owner.
Section 251, Section 
59-18-104
 is amended to read:
59-18-104
. Duties and powers of trustee.
Except as provided in Section 
59-18-106
, the trustee of a private foundation trust or a 
split interest trust has the duties and powers conferred upon 
him
the trustee
 by the provisions 
of this chapter.
Section 252, Section 
59-18-105
 is amended to read:
59-18-105
. Trustee's fiduciary obligations and duty not to deprive trust of tax 
exemption, deduction, or credit.
(1)
In the exercise of 
his
a trustee's
 powers including the powers granted by this chapter, a 
trustee has a duty to act with due regard to 
his
the trustee's
 obligation as a fiduciary, 
including a duty not to exercise any power in such a way as to deprive the trust of an 
otherwise available tax exemption, deduction, or credit for tax purposes or deprive a 
donor of a trust asset of a tax deduction or credit or operate to impose a tax upon a 
donor, trust, or other person. The word "tax" includes, but is not limited to any federal, 
state, or local excise, income, gift, estate, or inheritance tax.
(2)
A trustee of a private foundation trust, except as provided in Section 
59-18-106
, shall 
make distributions at such time and in such manner as not to subject the trust to tax 
under Section 4942.
(3)
A trustee of a private foundation trust or a split interest trust, to the extent that the split 
interest trust is subject to the provisions of Section 4947(a)(2), in the exercise of 
his
the 
trustee's
 powers, except as provided in Subsection 
(4)
 of this section and Section 
59-18-106
, shall not:
(a)
engage in any act of self dealing (as defined in Section 4941(d));
(b)
retain any excess business holdings (as defined in Section 4943(c));
(c)
make any investments in such manner as to subject the foundation to tax under 
Section 4944; and
(d)
make any taxable expenditures (as defined in Section 4945(d)).
(4)
Subsections 
(3)(b)
 and 
(c)
 do not apply to a split interest trust if:
(a)
all the income interest (and none of the remainder interest) of such trust is devoted 
solely to one or more of the purposes described in Section 170(c)(2)(B), and all 
amounts in such trust for which a deduction was allowed under Section 170, 
545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2), or 2522 have aggregate fair market 
value not more than 60% of the aggregate fair market value of all amounts in such 
trust; or
(b)
a deduction was allowed under Section 170, 545(b)(2), 556(b)(2), 642(c), 2055, 
2106(a)(2), or 2522 for amounts payable under the terms of such trust to every 
remainder beneficiary but not to any income beneficiary.
Section 253, Section 
59-18-108
 is amended to read:
59-18-108
. Court's power to relieve trustee from restrictions on powers and 
duties.
This chapter does not affect the power of a court of competent jurisdiction for cause 
shown and upon petition of the trustee, attorney general, or affected beneficiary, and upon 
appropriate notice to the affected parties to relieve a trustee from any restrictions on 
his
the 
trustee's
 powers and duties that are placed upon 
him
the trustee
 by the governing instrument 
or applicable law.
Section 254, Section 
63B-2-117
 is amended to read:
63B-2-117
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 255, Section 
63B-2-217
 is amended to read:
63B-2-217
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 256, Section 
63B-3-117
 is amended to read:
63B-3-117
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 257, Section 
63B-3-217
 is amended to read:
63B-3-217
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 258, Section 
63B-4-117
 is amended to read:
63B-4-117
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 259, Section 
63B-5-117
 is amended to read:
63B-5-117
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 260, Section 
63B-6-117
 is amended to read:
63B-6-117
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 261, Section 
63B-6-217
 is amended to read:
63B-6-217
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 262, Section 
63B-6-302
 is amended to read:
63B-6-302
. Authorization, terms, and procedures.
(1)
The state treasurer may, by written order, issue bond anticipation notes and renewals of 
bond anticipation notes, including, but not limited to, flexible notes and short-term series 
notes, in the form and with the terms that 
he
the state treasurer
 determines.
(2)
The state treasurer may:
(a)
enter into whatever agreements with other persons that 
he
the state treasurer
considers necessary or appropriate in connection with the issuance, sale, and resale of 
the notes; and
(b)
resell or retire any notes purchased by the state before the stated maturity of those 
notes.
(3)
(a)
The notes and renewals of the notes shall:
(i)
bear the interest rate or rates as determined by the state treasurer; and
(ii)
mature within a period not to exceed three years.
(b)
The notes and renewals of notes may:
(i)
bear a variable interest rate; and
(ii)
be redeemed prior to maturity by the state treasurer, but only in accordance with 
the provisions of the notes relating to redemption prior to maturity.
(4)
The proceeds from the sale of the notes may be used only for:
(a)
the purposes established in Section 
63B-6-202
;
(b)
the payment of principal of and, if not otherwise provided, interest on, bond 
anticipation notes;
(c)
the payment of costs of issuance; or
(d)
any combination of Subsections 
(4)(a)
, 
(b)
, and 
(c)
.
(5)
(a)
All of the notes and any renewals of the notes shall be payable from the proceeds 
of the sale of bonds.
(b)
A renewal of any note may not be issued after the sale of bonds in anticipation of 
which the original note was issued.
(6)
If a sale of the bonds has not occurred before the maturity of the notes issued in 
anticipation of the sale, the state treasurer shall, in order to meet the notes then maturing:
(a)
issue renewal notes for that purpose;
(b)
pay the notes from state money legally available for paying those notes; or
(c)
any combination of Subsections 
(6)(a)
 and 
(b)
.
(7)
Each note and any renewal of any note, with the interest on the note or renewal, 
constitute general obligations of the state.
(8)
Each note and any renewal of any note, with the interest on the note or renewal, shall be:
(a)
secured by the full faith, credit, and resources of the state in the manner provided in 
Part 2, 1997 Highway General Obligation Bond Authorization
;
(b)
payable from:
(i)
the proceeds of the sale of the bonds and not from any other borrowing; and
(ii)
money of the state on hand and legally available for that purpose; or
(iii)
any combination of Subsections 
(8)(b)(i)
 and 
(ii)
; and
(c)
payable within five years from the date of original issue.
(9)
The total amount of notes or renewals of notes issued and outstanding at any one time 
may not exceed the lesser of:
(a)
the total amount of bonds authorized to be issued but not yet issued; or
(b)
$260,000,000.
(10)
The state treasurer shall, in 
his
the state treasurer's
 annual report to the governor, 
include a detailed statement of all notes and bonds issued during the year and of 
his
the 
state treasurer's
 actions in relation to them.
Section 263, Section 
63B-6-417
 is amended to read:
63B-6-417
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 264, Section 
63B-7-117
 is amended to read:
63B-7-117
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 265, Section 
63B-7-217
 is amended to read:
63B-7-217
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 266, Section 
63B-7-302
 is amended to read:
63B-7-302
. Authorization, terms, and procedures.
(1)
The state treasurer may, by written order, issue bond anticipation notes and renewals of 
bond anticipation notes, including, but not limited to, flexible notes and short-term series 
notes, in the form and with the terms that 
he
the state treasurer
 determines.
(2)
The state treasurer may:
(a)
enter into whatever agreements with other persons that 
he
the state treasurer
considers necessary or appropriate in connection with the issuance, sale, and resale of 
the notes; and
(b)
resell or retire any notes purchased by the state before the stated maturity of those 
notes.
(3)
(a)
The notes and renewals of the notes shall:
(i)
bear the interest rate or rates as determined by the state treasurer; and
(ii)
mature within a period not to exceed three years.
(b)
The notes and renewals of notes may:
(i)
bear a variable interest rate; and
(ii)
be redeemed prior to maturity by the state treasurer, but only in accordance with 
the provisions of the notes relating to redemption prior to maturity.
(4)
The proceeds from the sale of the notes may be used only for:
(a)
the purposes established in Section 
63B-7-202
;
(b)
the payment of principal of and, if not otherwise provided, interest on, bond 
anticipation notes;
(c)
the payment of costs of issuance; or
(d)
any combination of Subsections 
(4)(a)
, 
(b)
, and 
(c)
.
(5)
(a)
All of the notes and any renewals of the notes shall be payable from the proceeds 
of the sale of bonds.
(b)
A renewal of any note may not be issued after the sale of bonds in anticipation of 
which the original note was issued.
(6)
If a sale of the bonds has not occurred before the maturity of the notes issued in 
anticipation of the sale, the state treasurer shall, in order to meet the notes then maturing:
(a)
issue renewal notes for that purpose;
(b)
pay the notes from state money legally available for paying those notes; or
(c)
any combination of Subsections 
(6)(a)
 and 
(b)
.
(7)
Each note and any renewal of any note, with the interest on the note or renewal, 
constitute general obligations of the state.
(8)
Each note and any renewal of any note, with the interest on the note or renewal, shall be:
(a)
secured by the full faith, credit, and resources of the state in the manner provided in 
Part 2, 1998 Highway General Obligation Bond Authorization
;
(b)
payable from:
(i)
the proceeds of the sale of the bonds and not from any other borrowing; and
(ii)
money of the state on hand and legally available for that purpose; or
(iii)
any combination of Subsections 
(8)(b)(i)
 and 
(ii)
; and
(c)
payable within five years from the date of original issue.
(9)
(a)
As used in this Subsection 
(9)
, "total amount of bonds authorized to be issued but 
not yet issued" includes bonds authorized to be issued only if one or more conditions 
are met.
(b)
The total amount of notes or renewals of notes issued and outstanding at any one 
time may not exceed the total amount of bonds authorized to be issued but not yet 
issued.
(10)
The state treasurer shall, in 
his
the state treasurer's
 annual report to the governor, 
include a detailed statement of all notes and bonds issued during the year and of 
his
the 
state treasurer's
 actions in relation to them.
Section 267, Section 
63B-7-417
 is amended to read:
63B-7-417
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 268, Section 
63B-8-117
 is amended to read:
63B-8-117
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 269, Section 
63B-8-217
 is amended to read:
63B-8-217
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 270, Section 
63B-8-302
 is amended to read:
63B-8-302
. Authorization, terms, and procedures.
(1)
The state treasurer may, by written order, issue bond anticipation notes and renewals of 
bond anticipation notes, including flexible notes and short-term series notes, in the form 
and with the terms that 
he
the state treasurer
 determines.
(2)
The state treasurer may:
(a)
enter into whatever agreements with other persons that 
he
the state treasurer
considers necessary or appropriate in connection with the issuance, sale, and resale of 
the notes; and
(b)
resell or retire any notes purchased by the state before the stated maturity of those 
notes.
(3)
(a)
The notes and renewals of the notes shall:
(i)
bear the interest rate or rates as determined by the state treasurer; and
(ii)
mature within a period not to exceed three years.
(b)
The notes and renewals of notes may:
(i)
bear a variable interest rate; and
(ii)
be redeemed prior to maturity by the state treasurer, but only in accordance with 
the provisions of the notes relating to redemption prior to maturity.
(4)
The proceeds from the sale of the notes may be used only for:
(a)
the purposes established in Section 
63B-8-202
;
(b)
the payment of principal of and, if not otherwise provided, interest on, bond 
anticipation notes;
(c)
the payment of costs of issuance, credit enhancement, and liquidity support; or
(d)
any combination of Subsections 
(4)(a)
, 
(b)
, and 
(c)
.
(5)
(a)
All of the notes and any renewals of the notes shall be payable from the proceeds 
of the sale of bonds.
(b)
A renewal of any note may not be issued after the sale of bonds in anticipation of 
which the original note was issued.
(6)
If a sale of the bonds has not occurred before the maturity of the notes issued in 
anticipation of the sale, the state treasurer shall, in order to meet the notes then maturing:
(a)
issue renewal notes for that purpose;
(b)
pay the notes from state money legally available for paying those notes; or
(c)
any combination of Subsections 
(6)(a)
 and 
(b)
.
(7)
Each note and any renewal of any note, with the interest on the note or renewal, 
constitute general obligations of the state.
(8)
Each note and any renewal of any note, with the interest on the note or renewal, shall be:
(a)
secured by the full faith, credit, and resources of the state in the manner provided in 
Part 2, 1999 Highway General Obligation Bond Authorization
;
(b)
payable from:
(i)
the proceeds of the sale of the bonds and not from any other borrowing; and
(ii)
money of the state on hand and legally available for that purpose; or
(iii)
any combination of Subsections 
(8)(b)(i)
 and 
(ii)
; and
(c)
payable within five years from the date of original issue.
(9)
The total amount of notes or renewals of notes issued and outstanding at any one time 
may not exceed the total amount of bonds authorized to be issued but not yet issued.
(10)
The state treasurer shall, in 
his
the state treasurer's
 annual report to the governor, 
include a detailed statement of all notes and bonds issued during the year and of 
his
the 
state treasurer's
 actions in relation to them.
Section 271, Section 
63B-8-417
 is amended to read:
63B-8-417
. Report to Legislature.
The governor shall report the commission's proceedings to each annual general session 
of the Legislature in 
his
the governor's
 budget for as long as bonds issued under this chapter 
remain outstanding.
Section 272, Section 
64-13-15
 is amended to read:
64-13-15
. Property of offender -- Storage and disposal.
(1)
(a)
Offenders may retain personal property at correctional facilities only as authorized 
by the department. An offender's property which is retained by the department shall 
be inventoried and placed in storage by the department and a receipt for the property 
shall be issued to the offender. Offenders shall be required to arrange for disposal of 
property retained by the department within a reasonable time under department rules. 
Property retained by the department shall be returned to the offender at discharge, or 
in accordance with 
Title 75, Utah Uniform Probate Code
, in the case of death prior to 
discharge.
(b)
If property is not claimed within one year of discharge, or it is not disposed of by the 
offender within a reasonable time after the department's order to arrange for disposal, 
it becomes property of the state and may be used for correctional purposes or donated 
to a charity within the state.
(c)
If an inmate's property is not claimed within one year of 
his
the inmate's
 death, it 
becomes the property of the state in accordance with Section 
75-2-105
.
(d)
Funds which are contraband and in the physical custody of any prisoner, whether in 
the form of currency and coin which are legal tender in any jurisdiction or negotiable 
instruments drawn upon a personal or business account, shall be subject to forfeiture 
following a hearing which accords with prevailing standards of due process. All such 
forfeited funds shall be used by the department for purposes which promote the 
general welfare of prisoners in the custody of the department. Money and negotiable 
instruments taken from offenders' mail under department rule and which are not 
otherwise contraband shall be placed in an account administered by the department, 
to the credit of the offender who owns the money or negotiable instruments.
(2)
Upon discharge from a secure correctional facility, the department may give an inmate 
transition funds in an amount established by the department with the approval of the 
director of the Division of Finance. At its discretion, the department may spend the 
funds directly on the purchase of necessities or transportation for the discharged inmate.
Section 273, Section 
64-13-32
 is amended to read:
64-13-32
. Discipline of offenders -- Use of force.
(1)
If an offender offers violence to an officer or other employee of the Department of 
Corrections, or to another offender, or to any other person; attempts to damage or 
damages any corrections property; attempts to escape; or resists or refuses to obey any 
lawful and reasonable command; the officers and other employees of the department 
may use all reasonable means, including the use of weapons, to defend themselves and 
department property and to enforce the observance of discipline and prevent escapes.
(2)
An inmate who is housed in a secure correctional facility and is in the act of escaping 
from that secure correctional facility or from the custody of a peace or correctional 
officer is presumed to pose a threat of death or serious bodily injury to an officer or 
others if apprehension is delayed. Notwithstanding Section 
76-2-404
, a peace or 
correctional officer is justified in using deadly force if 
he
the peace or correctional 
officer
 reasonably believes deadly force is necessary to apprehend the inmate.
Section 274, Section 
64-13d-106
 is amended to read:
64-13d-106
. Monitoring contracts.
(1)
The executive director or 
his
the executive director's
 designee shall monitor the 
performance of all facilities incarcerating inmates under the jurisdiction of the 
department.
(2)
The executive director or 
his
the executive director's
 designee shall have unlimited 
access to all facilities, records, and staff for monitoring purposes.
(3)
The executive director may appoint a monitor to inspect a facility. The monitor shall 
have unlimited access to all facilities, records, and staff for monitoring purposes.
(4)
The department shall be reimbursed by the entity operating the facility for that portion 
of the salary and expenses of the monitor attributable to monitoring the particular 
facility.
(5)
Monitoring consists of ensuring that:
(a)
all state laws, department rules, and contractual obligations applicable to the facility 
are being met; and
(b)
all operations are effective, efficient, and economical.
Section 275, Section 
65A-6-11
 is amended to read:
65A-6-11
. Land subject to a federal mineral lease.
(1)
With respect to any tract of land in which the state acquires or has acquired any interest 
subject to an outstanding federal mineral lease or prospecting permit, the lessee or 
permittee may submit a petition seeking extension of the permit or lease or any other 
action as may be necessary to give to the lessee or permittee any and all rights, 
privileges, and benefits which 
he
the lessee or permittee
 would have had under the 
permit or lease had the state not acquired its interest in the tract.
(2)
In consideration of the voluntary termination by the federal lessee or permittee of 
his
the
 lease or permit as it relates to that tract, the division may issue to that lessee or 
permittee a lease of the acquired tract or any portion of that tract for recovery of the 
same mineral substances upon terms that the lessee
 or permittee
 shall have all the rights, 
privileges, and benefits with reference to that tract which 
he
the lessee or permittee
would have had by reason of 
his
the
 lease or permit from the United States had the state 
not acquired its interest in the tract.
Section 276, Section 
67-1-1
 is amended to read:
67-1-1
. General powers and duties.
In addition to those prescribed by the constitution, the governor
 has the following 
powers and must perform the following duties
:
(1)
He 
shall supervise the official conduct of all executive and ministerial officers
.
;
(2)
He 
shall see that all offices are filled and the duties thereof performed, or in default 
thereof, apply such remedy as the law allows, and, if the remedy is imperfect, acquaint 
the Legislature therewith at its next session
.
;
(3)
He 
shall make appointments and fill vacancies as required by law
.
;
(4)
He 
is the sole official organ of communication between the government of this state 
and the government of any other state and of the United States
.
;
(5)
Whenever
whenever
 any suit or legal proceeding is pending against this state, or which 
may affect the title of this state to any property, or which may result in any claim against 
the state, 
he 
may direct the attorney general to appear on behalf of the state, and may 
employ such additional counsel as 
he
the governor
 may judge expedient
.
;
(6)
He 
may require the attorney general or the county attorney or district attorney of any 
county to inquire into the affairs or management of any corporation doing business in 
this state
.
;
(7)
He 
may require the attorney general to aid any county attorney or district attorney in 
the discharge of 
his
the county attorney's or district attorney's
 duties
.
;
(8)
He 
may offer rewards, not exceeding $1,000 each, payable out of the general fund, for 
the apprehension of any convict who has escaped from the state prison, or any person 
who has committed, or is charged with the commission of, a felony
.
;
(9)
He must 
shall 
perform such duties respecting fugitives from justice as are prescribed 
by law
.
;
(10)
He must 
shall 
issue and transmit election proclamations as prescribed by law
.
;
(11)
He must 
shall 
issue land warrants and patents as prescribed by law
.
;
(12)
He must
shall
, prior to each regular meeting of the Legislature, deliver to the Division 
of Archives for publication all biennial reports of officers, commissions, and boards for 
the two preceding years
.
;
(13)
He may 
shall 
require any officer, commission, or board to make special reports to 
him
the governor
 in writing
.
;
(14)
He must 
shall 
discharge the duties of a member of all boards of which 
he
the 
governor
 is or may be made a member by the constitution or by law
.
;
(15)
He 
shall each year issue a proclamation recommending the observance of Arbor day, 
by the planting of trees, shrubs, and vines, in the promotion of forest growth and culture, 
and in the adornment of public and private grounds, places and ways, and in such other 
efforts and undertakings as shall be in harmony with the general character of such 
holiday
.
; and
(16)
He 
has such other powers and must perform such other duties as are devolved upon 
him
the governor
 by law.
Section 277, Section 
67-5-5
 is amended to read:
67-5-5
. Hiring of legal counsel for agencies -- Costs.
Except where specifically authorized by the Utah Constitution, or statutes, no agency 
shall hire legal counsel, and the attorney general alone shall have the sole right to hire legal 
counsel for each such agency. Where the Legislature has provided by statute for separate 
agency counsel, no such counsel may act as an assistant attorney general nor as a special 
assistant attorney general unless the attorney general shall so authorize. Unless 
he
the 
attorney general
 hires such legal counsel from outside 
his
the attorney general's
 office, the 
attorney general shall remain the sole legal counsel for that agency. If outside counsel is hired 
for an agency, then the costs of any services to be rendered by this counsel shall be approved 
by the attorney general before these costs are incurred. The attorney general shall approve all 
billing statements from outside counsel and shall pay the full costs of this counsel unless the 
agency by legislative appropriation or in the form of costs, fees, fines, penalties, forfeitures or 
proceeds reserved or designated for the payment of legal fees receives from any other source 
the equivalent cost or a portion thereof, in which case the attorney general may bill the agency 
for the services; provided, the agency may deduct any unreimbursed costs and expenses 
incurred by the agency in connection with the legal service rendered.
Section 278, Section 
67-9-1
 is amended to read:
67-9-1
. Appointment -- Powers.
The state auditor, the state treasurer, the attorney general, and the superintendent of 
public instruction may each appoint a deputy, who may, during the absence or disability of the 
principal, perform all the duties pertaining to the office, except those required of the principal 
as a member of any board. The principal shall be answerable for neglect or misconduct in 
office of 
his
the
 deputy, and may require from 
him
the deputy
 a bond for 
his own 
security. 
The appointment of a deputy shall be in writing, and shall be revocable at the pleasure of the 
principal; and all such appointments and revocations shall be filed with the lieutenant governor.
Section 279, Section 
67-16-2
 is amended to read:
67-16-2
. Purpose of chapter.
The purpose of this chapter is to set forth standards of conduct for officers and 
employees of the state of Utah and its political subdivisions in areas where there are actual or 
potential conflicts of interest between their public duties and their private interests. In this 
manner the Legislature intends to promote the public interest and strengthen the faith and 
confidence of the people of Utah in the integrity of their government. It does not intend to 
deny any public officer or employee the opportunities available to all other citizens of the state 
to acquire private economic or other interests so long as this does not interfere with 
his
the
full and faithful discharge of 
his
a public officer's or employee's
 public duties.
Section 280, Section 
70C-2-207
 is amended to read:
70C-2-207
. Referral sales.
With respect to a consumer credit sale, the seller may not give or offer to give a rebate or 
discount or otherwise pay or offer to pay value to the buyer as an inducement for a sale in 
consideration of 
his
the buyer
 giving to the seller the names of prospective purchasers or 
otherwise aiding the seller in making a sale to another person, if the earning of the rebate, 
discount, or other value is contingent upon the occurrence of an event subsequent to the time 
the buyer agrees to buy. If a buyer is induced by a violation of this section to enter into a 
consumer credit sale, the agreement is unenforceable by the seller and the buyer may rescind 
the agreement and retain any goods delivered until all payments made by the debtor have been 
fully refunded to 
him
the buyer
. The buyer may retain the benefit of any services performed 
without any obligation to pay for them. This section does not apply if any goods delivered to 
the buyer are damaged while in the buyer's possession or are not delivered to the seller at the 
buyer's residence, or at any other place agreed on by the parties, within a reasonable time after 
the seller tenders or delivers a full refund of all payments to the buyer.
Section 281, Section 
70C-5-101
 is amended to read:
70C-5-101
. Definition -- Home solicitation sale.
As used in this chapter, "home solicitation sale" means a consumer credit sale of goods 
or services in which the seller or a person acting for 
him
the seller
 engages in a face-to-face 
solicitation of the sale at a residence or place of employment of the buyer and the buyer's 
agreement or offer to purchase is there given to the seller or a person acting for 
him
the seller
. 
It does not include a sale made pursuant to preexisting open-end accounts, or a sale made 
between the parties at a business establishment at a fixed location where goods or services are 
offered or exhibited for sale.
Section 282, Section 
70C-5-103
 is amended to read:
70C-5-103
. Form of agreement or offer -- Statement of buyer's rights.
(1)
In a home solicitation sale, unless the buyer requests the seller to provide goods or 
services without delay in an emergency, the seller shall present to the buyer and obtain 
his
the buyer's
 signature to a written agreement or offer to purchase which designates as 
the date of the transaction the date on which the buyer actually signs and contains a 
statement of the buyer's rights which complies with Subsection 
(2)
.
(2)
The statement shall:
(a)
appear under the conspicuous caption: "BUYER'S RIGHT TO CANCEL"; and
(b)
read as follows:
"If this agreement was solicited at your residence or place of employment and you do 
not want the goods or services, you may cancel this agreement by mailing a notice to the 
seller. The notice must say that you do not want the goods or services and must be mailed 
before midnight on the third business day after you sign this agreement. The notice must be 
mailed to: _________________________ (insert name and mailing address of seller)."
(3)
Compliance with any notice of cancellation or similar requirement of any rule of the 
Federal Trade Commission which by its terms applies to a home solicitation sale 
covered by this title is deemed compliance with Subsection 
(2)(b)
 if compliance is 
totally consistent with this title.
(4)
Until the seller has complied with this section the buyer may cancel the home 
solicitation sale by notifying the seller in any manner and by any means of 
his
the 
buyer's
 intention to cancel.
Section 283, Section 
70C-5-104
 is amended to read:
70C-5-104
. Restoration of down payment.
(1)
Within 10 days after a home solicitation sale has been canceled or an offer to purchase 
revoked the seller shall tender to the buyer any payments made by the buyer and any 
note or other evidence of indebtedness.
(2)
If the down payment includes goods traded in, the goods shall be tendered in 
substantially as good condition as when received by the seller. If the seller fails to tender 
the goods as provided by this section, the buyer may recover an amount equal to the 
trade-in allowance stated in the agreement.
(3)
A provision permitting the seller to keep all or any part of any payment, note, or 
evidence of indebtedness is in violation of this section and unenforceable.
(4)
Until the seller has complied with the obligations imposed by this section
,
 the buyer 
may retain possession of goods delivered to 
him
the buyer
 by the seller and has a lien 
on the goods in 
his
the buyer's
 possession or control for any recovery to which 
he
the 
buyer
 is entitled.
Section 284, Section 
70C-5-105
 is amended to read:
70C-5-105
. Duty of buyer -- No compensation for services prior to cancellation.
(1)
Except as provided by the provisions on retention of goods by the buyer under 
Subsection 
70C-5-104(4)
, within a reasonable time after a home solicitation sale has 
been canceled or an offer to purchase revoked, the buyer upon demand shall tender to 
the seller any goods delivered by the seller pursuant to the sale, but 
he
the buyer
 is not 
obligated to tender at any place other than 
his
the buyer's
 residence or place of 
employment. If the seller fails to demand possession of goods within a reasonable 
period of time after cancellation or revocation, the goods become the property of the 
buyer without obligation to pay for them. For the purpose of this section, 40 days is a 
reasonable period of time.
(2)
The buyer has a duty to take reasonable care of the goods in 
his
the buyer's
 possession 
before cancellation or revocation and for a reasonable time thereafter, during which time 
the goods are otherwise at the seller's risk.
(3)
If the seller has performed any services pursuant to a home solicitation sale prior to its 
cancellation, the seller is entitled to no compensation.
Section 285, Section 
70C-6-104
 is amended to read:
70C-6-104
. Conditions applying to insurance to be provided by creditor.
If a creditor agrees with a debtor to provide insurance:
(1)
the insurance shall be evidenced by an individual policy or certificate of insurance 
delivered to the debtor, or sent to 
him
the debtor
 at 
his
the debtor's
 address as stated by 
him
the debtor
, within 30 days after the term of the insurance commences under the 
agreement between the creditor and debtor; or
(2)
the creditor shall promptly notify the debtor of any failure or delay in providing the 
insurance.
Section 286, Section 
70C-6-106
 is amended to read:
70C-6-106
. Refund or credit required -- Amount.
(1)
A debtor or 
his
a debtor's
 estate is entitled to any rebate or refund due from an insurer 
and to any unearned part of a separate charge for insurance previously paid by the 
debtor, resulting from the prepayment of a consumer credit debt, except when all 
refunds and credits due to the debtor under this title amount to less than $5.
(2)
A creditor shall promptly make or cause to be made an appropriate refund or credit to 
the debtor with respect to any separate charge made to 
him
the debtor
 for insurance if:
(a)
the insurance is not provided or is provided for a shorter term than that for which the 
charge to a debtor for insurance was computed; or
(b)
the insurance terminates prior to the end of the term for which it was written because 
of prepayment in full or otherwise.
(3)
All refunds or credit required by this section shall be computed according to a method 
prescribed or approved by the Insurance Department or formula filed by the insurer with 
the Insurance Department at least 30 days before any debtor's right to a refund or credit 
becomes determinable, unless the method or formula is employed after the Insurance 
Department notifies the insurer that the method or formula has been disapproved.
(4)
Except as provided in Subsection 
(1)
, a creditor is not obligated to account to a debtor 
for any portion of a separate charge for insurance when:
(a)
the insurance is terminated by performance of the insurer's obligation;
(b)
the creditor pays or accounts for premiums to the insurer in amounts and at times 
determined by the agreement between them; or
(c)
the creditor receives directly or indirectly under any policy of insurance a gain or 
advantage not prohibited by law.
Section 287, Section 
70C-6-304
 is amended to read:
70C-6-304
. Cancellation by creditor.
A creditor may not request cancellation of a policy of property or liability insurance 
except after the debtor's default or in accordance with a written authorization by the debtor, 
and in either case the cancellation does not take effect until written notice is delivered to the 
debtor or mailed to 
him
the debtor
 at 
his
the debtor's
 address as stated by 
him
the debtor
. 
The notice shall state that the policy may be cancelled on a date not less than 10 days after the 
notice is delivered, or, if the notice is mailed, not less than 13 days after it is mailed.
Section 288, Section 
70C-7-104
 is amended to read:
70C-7-104
. No discharge from employment for garnishment.
No employer may discharge any employee because 
his
the employee's
 earnings have 
been subject to garnishment in connection with any one judgment.
Section 289, Section 
70C-7-201
 is amended to read:
70C-7-201
. Effect of violations by creditors -- Penalties -- Debtor's rights.
(1)
A debtor is not obligated to pay a charge in excess of that allowed by this title, and if 
he
the debtor
 has paid an excess charge
 he
, the debtor
 has a right to a refund. A refund 
may be made in whole or in part by reducing the debtor's obligation by the amount of 
the excess charge. If the debtor has paid an amount in excess of the lawful obligation 
under the agreement, the debtor may recover the excess amount from the party who 
made the excess charge or from an assignee of the creditor's rights who undertakes direct 
collection of payments from or enforcement of rights against the debtor with respect to 
the debt.
(2)
If a debtor is entitled to a refund and a party liable to the debtor in bad faith refuses to 
make a refund within a reasonable time after demand, the debtor may recover from that 
party a penalty in an amount to be determined by a court not exceeding the greater of 
either the amount of the finance charge or 10 times the amount of the excess charge. If 
the creditor has made an excess charge in deliberate violation of or in reckless disregard 
for this title, the penalty may be recovered even though the creditor has refunded the 
excess charge.
Section 290, Section 
72-2-104
 is amended to read:
72-2-104
. Budget.
(1)
The department shall prepare and submit to the governor, to be included in 
his
the 
governor's
 budget to be submitted to the Legislature, a budget of the requirements for 
the operation of the department for the fiscal year following the convening of the 
Legislature.
(2)
This budget shall be so separated, in relation to the various functions of the department, 
so as to allow the separate determination of funds for deposit into the Transportation 
Fund and into any other special funds which are required by law to be utilized for 
specific purposes and which are separately maintained by the department for those 
purposes.
Section 291, Section 
72-5-107
 is amended to read:
72-5-107
. United States patents -- Patentee and county to assert claims to roads 
crossing land.
(1)
(a)
If any person acquires title from the United States to any land in this state over 
which any public highway extends that has not been duly platted, and that has not 
been continuously used as a public highway for a period of 10 years, the person shall 
within three months after receipt of the person's patent assert the person's claim for 
damages in writing to the county executive of the county in which the land is situated.
(b)
The county legislative body shall have an additional period of three months in which 
to begin proceedings to condemn the land according to law.
(2)
(a)
The highway shall continue open as a public highway during the periods 
described under Subsection 
(1)
.
(b)
If no action is begun by the county executive within the period described under 
Subsection 
(1)(b)
, the highway shall be considered to be abandoned by the public.
(3)
In case of a failure by the person so acquiring title to public lands to assert 
his
the 
person's
 claim for damage during the three months from the time the person received a 
patent to the lands, the person shall thereafter be barred from asserting or recovering any 
damages by reason of the public highway, and the public highway shall remain open.
Section 292, Section 
72-9-303
 is amended to read:
72-9-303
. Cease and desist orders -- Registration sanctions.
(1)
The department may issue cease and desist orders to any person:
(a)
who engages in or represents himself 
or herself 
to be engaged in a motor carrier 
operation that is in violation of this chapter;
(b)
to prevent the violation of any of the provisions of this title; and
(c)
who otherwise violates this chapter or any rules adopted under this chapter.
(2)
(a)
The department shall notify the Motor Vehicle Division of the State Tax 
Commission upon having reasonable grounds to believe that a motor carrier is in 
violation of this chapter. Upon receiving notice by the department, the Motor 
Vehicle Division shall refuse registration or shall suspend or revoke a registration as 
provided in Sections 
41-1a-109
 and 
41-1a-110
.
(b)
The department shall notify the Motor Vehicle Division immediately upon being 
satisfied that a motor carrier, reported as being in violation under Subsection 
(2)(a)
, is 
in compliance with this chapter. Upon receiving notice by the department, the Motor 
Vehicle Division shall remove any restriction made on a registration under this 
chapter.
Section 293, Section 
72-9-703
 is amended to read:
72-9-703
. Civil penalties for violations -- Compromise.
(1)
In addition to any other penalties, a motor carrier that fails or neglects to comply with 
any provision of the Constitution of this state, statute, or any rule or order of the 
department is subject to a civil penalty of not less than $500 nor more than $2,000 for 
each offense.
(2)
Every violation of any provision of the constitution of this state, statute, or any rule or 
order of the department, is a separate and distinct offense. Each day's continuance of the 
violation is a separate and distinct offense.
(3)
(a)
The civil penalty may be compromised by the department and a determination of 
compromise is appealable by the person alleged to have committed the violation. In 
determining the amount of the penalty or the amount agreed upon in compromise, the 
department shall consider the:
(i)
gravity of the violation; and
(ii)
good faith of the person charged in attempting to achieve compliance after 
notification of the violation.
(b)
The amount of the penalty when finally determined or the amount agreed upon in 
compromise may be deducted from any sums owing by the state to the person 
charged or may be recovered in a civil action in the courts of this state.
(4)
In construing and enforcing the provisions of this chapter relating to penalties, the act, 
omission, or failure of any officer, agent, or employee of any motor carrier, acting 
within the scope of 
his
the officer's, agent's, or employee's
 official duties or 
employment, is deemed to be the act, omission, or failure of the motor carrier.
Section 294, Section 
73-2-10
 is amended to read:
73-2-10
. Knowledge of waterways and irrigation -- Suggestions as to amendment 
or enactment of laws.
The state engineer shall become conversant with the waterways of the state and its needs 
as to irrigation matters; and 
he
the state engineer
 shall make such suggestions as to the 
amendment of existing laws or the enactment of new laws as 
his
the state engineer's
information and experience shall suggest.
Section 295, Section 
73-2-12
 is amended to read:
73-2-12
. Seal.
The state engineer shall have a seal which 
he
the state engineer
 shall affix to all 
certificates issued from 
his
the state engineer's
 office, and 
he
the state engineer
 shall file a 
description and an impression of the same with the Division of Archives. 
Section 296, Section 
73-2-13
 is amended to read:
73-2-13
. Attorney general and county attorneys to counsel.
In all matters requiring legal advice in the performance of 
his
the state engineer's
 duties 
and the prosecution or defense of any action growing out of the performance of 
his
the state 
engineer's
 duties, the attorney general or county attorney of the county in which any legal 
question arises, shall be the legal advisers of the state engineer, and 
they 
are hereby required 
to perform any and all legal services required 
of them 
by 
him
the state engineer
 without 
other compensation than their salaries.
Section 297, Section 
73-2-23.1
 is amended to read:
73-2-23.1
. Assistance of state engineer in management of flood waters.
In addition to 
his
the state engineer's
 other flood management authority under Sections 
73-2-22
 and 
73-2-23
, the state engineer may assist in the management of flood waters pursuant 
to court judgments and decrees.
Section 298, Section 
73-3-5.5
 is amended to read:
73-3-5.5
. Temporary applications to appropriate water -- Approval by engineer 
-- Expiration -- Proof of appropriation not required.
(1)
The state engineer may issue temporary applications to appropriate water for beneficial 
purposes.
(2)
The provisions of this chapter governing regular applications to appropriate water shall 
apply to temporary applications with the following exceptions:
(a)
(i)
The state engineer shall undertake a thorough investigation of the proposed 
appropriation, and if the temporary application complies with the provisions of 
Section 
73-3-8
, may make an order approving the application.
(ii)
If the state engineer finds that the appropriation sought might impair other rights, 
before approving the application, the state engineer shall give notice of the 
application to all persons whose rights may be affected by the temporary 
appropriations.
(b)
The state engineer may issue a temporary application for a period of time not 
exceeding one year.
(c)
(i)
The state engineer, in the approval of a temporary application, may make 
approval subject to whatever conditions and provisions 
he
the state engineer
considers necessary to fully protect prior existing rights.
(ii)
If the state engineer determines that it is necessary to have a water commissioner 
distribute the water under a temporary application for the protection of other 
vested rights, the state engineer may assess the distribution costs against the 
holder of the temporary application.
(d)
(i)
A temporary application does not vest in its holder a permanent vested right to 
the use of water.
(ii)
A temporary application automatically expires and is cancelled according to its 
terms.
(e)
Proof of appropriation otherwise required under this chapter is not required for 
temporary applications.
Section 299, Section 
73-3a-108
 is amended to read:
73-3a-108
. Approval of applications -- Criteria.
(1)
The state engineer shall:
(a)
undertake an investigation of any application made under this chapter; and
(b)
approve the application, if 
he
the state engineer
 finds that:
(i)
the proposed appropriation or change:
(A)
satisfies Section 
73-3-3
, 
73-3-5.5
, or 
73-3-8
, whichever is applicable;
(B)
is consistent with Utah's reasonable water conservation policies or objectives;
(C)
is not contrary to the public welfare; and
(D)
does not impair the ability of the state of Utah to comply with its obligation 
under any interstate compact or judicial decree which apportions water among 
Utah and other states; and
(ii)
the water can be transported, measured, delivered, and beneficially used in the 
recipient state.
(2)
In reviewing the criteria of Subsections 
(1)(b)(i)(B)
 and 
(1)(b)(i)(C)
, the state engineer 
shall consider the following factors:
(a)
the supply and quality of water available to the state of Utah;
(b)
the current and reasonably anticipated water demands of the state of Utah;
(c)
whether there are current or reasonably anticipated water shortages within Utah;
(d)
whether the water that is the subject of the application could feasibly be used to 
alleviate current or reasonably anticipated water shortages within Utah;
(e)
the alternative supply and sources of water available to the applicant in the state 
where the applicant intends to use the water; and
(f)
the demands placed on the applicant's alternate water supply in the state where the 
applicant intends to use the water.
(3)
If any application fails to meet any criteria of Subsection 
(1)
, it shall be rejected.
(4)
The state engineer may condition any approval to ensure that the use of the water in 
another state:
(a)
is subject to the same laws, rules, and controls that may be imposed upon water use 
within the state of Utah; or
(b)
is consistent with the terms and conditions of any applicable interstate compact to 
which the state of Utah is a party.
Section 300, Section 
73-3b-303
 is amended to read:
73-3b-303
. Modification of recharge or recovery permits.
(1)
The state engineer, on 
his
the state engineer's
 own initiative or at the request of any 
person holding a recharge or recovery permit, may modify the conditions of the 
respective permit, if 
he
the state engineer
 finds that modifications are necessary and 
will not impair existing water rights or the water quality of the aquifer.
(2)
Before any permit condition is modified, the state engineer may require notice to 
potentially impaired water users if 
he
the state engineer
 finds that the modification 
under consideration may impair existing water rights.
Section 301, Section 
73-5a-203
 is amended to read:
73-5a-203
. Review of plans.
(1)
The state engineer shall establish a formal written procedure for the review of plans 
submitted pursuant to Section 
73-5a-202
. Plans shall be reviewed according to:
(a)
design criteria which the state engineer shall specify in rules; and
(b)
data or criteria generally accepted by the general dam design community.
(2)
Upon review of the plans, the state engineer will:
(a)
approve them with appropriate conditions;
(b)
reject them; or
(c)
return them for correction.
(3)
The state engineer shall document each review indicating:
(a)
how the plans were reviewed; and
(b)
his
the state engineer's
 evaluation of the plans.
Section 302, Section 
73-5a-301
 is amended to read:
73-5a-301
. Inspections to insure compliance with plans -- Duties and costs of 
owners -- Weekly reports.
(1)
During construction, enlargement, repair, alteration, or removal of any dam:
(a)
the state engineer, 
his
the state engineer's
 staff, or an independent consultant shall 
make periodic inspections of the work for the purpose of ascertaining compliance 
with the approved plans and specifications; and
(b)
the owner of the dam shall:
(i)
conduct tests that the state engineer determines are necessary;
(ii)
provide adequate supervision of the work by an engineer licensed by the state 
who has experience in dam design and construction; and
(iii)
disclose information sufficient to enable the state engineer to determine that the 
work is being done in conformance with the approved plans and specifications.
(2)
Costs of any work or tests required by the state engineer shall be paid by the owner of 
the dam.
(3)
The engineer who is supervising the work pursuant to Subsection 
(1)(b)(ii)
 is required 
to submit a report weekly to the state engineer. Each report shall show the work 
accomplished during the previous week and summarize the results of any material 
testing.
Section 303, Section 
73-5a-302
 is amended to read:
73-5a-302
. Failure to conform to plans.
(1)
If at any time during construction, enlargement, repair, alteration, or removal of any 
dam the state engineer finds that the work is not being done in accordance with the 
approved plans and specifications, 
he
the state engineer
 shall:
(a)
notify the owner of the failure to comply;
(b)
order the owner to effect compliance with the plans and specifications; or
(c)
approve the modification to the approved plans and specifications.
(2)
The state engineer may order that no further work be done until compliance has been 
effected and approved by 
him
the state engineer
.
(3)
A failure to comply with the approved plans and specifications shall render the approval 
subject to revocation by the state engineer. If compliance is not effected in a reasonable 
time, the state engineer may order the incomplete structure removed in order to 
eliminate any safety hazard to life or property.
Section 304, Section 
73-5a-303
 is amended to read:
73-5a-303
. Circumstances under which the plan must be modified or the 
approval revoked.
(1)
If at any time during construction, enlargement, repair, alteration, or removal of a dam 
the state engineer finds that the conditions encountered differ appreciably from those 
assumed in the plan, 
he
the state engineer
 may require the plans to be modified.
(2)
If conditions are revealed which will not permit the construction of a safe dam, the state 
engineer shall revoke the approval.
Section 305, Section 
73-5a-402
 is amended to read:
73-5a-402
. Standard operating plans required.
The owner of each dam shall prepare a standard operating plan for the dam. In the case 
of a dam in operation prior to May 1, 1991, the standard operating plan shall be submitted to 
the state engineer for 
his
the state engineer's
 approval by May 1, 1994. In the case of any 
dam beginning operations on or after May 1, 1991, the standard operating plan shall be 
submitted to the state engineer for 
his
the state engineer's
 approval prior to the final 
inspection.
Section 306, Section 
73-5a-601
 is amended to read:
73-5a-601
. Emergency action plans required.
(1)
The owner of any dam which, in the state engineer's opinion, may pose a threat to life or 
cause significant damage to property if it fails shall prepare a plan of action to be 
implemented when an emergency involving the dam occurs.
(2)
In the case of a dam in operation prior to May 1, 1991, the emergency action plan shall 
be submitted to the state engineer for 
his
the state engineer's
 approval by May 1, 1994.
(3)
In the case of a dam beginning operations on or after May 1, 1991, the emergency 
action plan shall be submitted to the state engineer prior to the date of the final 
inspection.
Section 307, Section 
73-18-7.1
 is amended to read:
73-18-7.1
. Fraudulent application for registration or certificate of title.
A person is guilty of a third degree felony if 
he
the person
:
(1)
fraudulently uses a false or fictitious name in any application for a registration or 
certificate of title for a motorboat, sailboat, or outboard motor; or
(2)
in making an application specified in Subsection 
(1)
, he
:
(a)
knowingly makes a false statement;
(b)
knowingly conceals a material fact; or
(c)
otherwise commits a fraud.
Section 308, Section 
73-18-10
 is amended to read:
73-18-10
. Owner of boat livery -- Duties.
(1)
The owner of a boat livery shall keep a record of the following: the name and address of 
the person hiring any vessel; the identification number of the vessel; the vessel's 
departure date and time; and the vessel's expected time of return. The record shall be 
preserved for at least one year.
(2)
Neither the owner of a boat livery nor 
his
the owner's
 agent or employee may permit 
any vessel to depart from the premises of the boat livery unless the owner has equipped 
it as required under this chapter and unless 
he
the owner
 has advised the lessee or renter 
of the vessel of all rules promulgated under this chapter which the lessee or renter must 
obey.
Section 309, Section 
73-18-20.3
 is amended to read:
73-18-20.3
. Falsified hull identification, engine, or motor number.
(1)
A person is guilty of a third degree felony if 
he
the person
:
(a)
with fraudulent intent defaces, destroys, or alters a vessel hull identification number 
or serial number for an engine or outboard motor;
(b)
places or stamps any vessel hull identification number upon a vessel or serial number 
upon an engine or outboard motor, except one assigned by the division or its 
authorized agent;
(c)
knowingly buys, receives, disposes of, sells, offers for sale, or 
has in his possession
possesses
 any vessel, or engine or outboard motor removed from a vessel, from 
which the vessel hull identification number or engine or outboard motor serial 
number, has been removed, defaced, covered, altered, or destroyed for the purpose of 
concealing or misrepresenting the identity of the vessel, engine, or outboard motor;
(d)
with intent to procure or pass title to a vessel or outboard motor, receives or transfers 
possession of a vessel or outboard motor which he knows or has reason to believe has 
been stolen or unlawfully taken; or
(e)
has in his possession 
possesses 
a vessel or outboard motor which 
he
the person
knows or has reason to believe has been stolen or unlawfully taken, unless the person 
is a peace officer engaged at the time in the performance of 
his duty
peace officer 
duties
.
(2)
(a)
This section does not prohibit the restoration by an owner of an original vessel 
hull identification number or manufacturer's serial number for an engine or outboard 
motor if the restoration is made by application to the division or its authorized agent.
(b)
This section does not prohibit any manufacturer from placing, in the ordinary course 
of business, numbers or marks upon vessels, motors, outboard motors, or parts.
Section 310, Section 
73-18-20.5
 is amended to read:
73-18-20.5
. Reporting of theft and recovery of vessels.
(1)
(a)
Any peace officer upon receiving reliable information that any vessel or outboard 
motor has been stolen shall immediately report the theft to the Criminal 
Investigations and Technical Services Division of the Department of Public Safety, 
established in Section 
53-10-103
.
(b)
Any peace officer upon receiving information that any vessel or outboard motor 
which was previously reported as stolen has been recovered shall immediately report 
the recovery to 
his
the peace officer's
 law enforcement agency and to the Criminal 
Investigations and Technical Services Division.
(2)
The reporting and recovery procedures for vessels and outboard motors shall be the 
same as those specified in Section 
41-1a-1401
 for motor vehicles.
Section 311, Section 
73-18-20.7
 is amended to read:
73-18-20.7
. Unlawful control over vessels -- Penalties -- Effect of prior consent -- 
Accessory or accomplice.
(1)
Any person who exercises unauthorized control over a vessel
, not his own,
 that the 
person does not own
 without the consent of the owner or lawful custodian and with 
intent to temporarily deprive the owner or lawful custodian of possession of the vessel, 
is guilty of a class A misdemeanor.
(2)
An offense under this section is a third degree felony if the actor does not return the 
vessel to the owner or lawful custodian within 24 hours after the exercise of 
unauthorized control.
(3)
The consent of the owner or legal custodian of a vessel to its control by the actor is not 
in any case presumed or implied because of the owner's or legal custodian's consent on a 
previous occasion to the control of the vessel by the same or a different person.
(4)
Any person who assists in, or is a party or accessory to or an accomplice in, an 
unauthorized taking or operating of a vessel is guilty of a class A misdemeanor.
Section 312, Section 
76-1-304
 is amended to read:
76-1-304
. Defendant out of state -- Plea held invalid -- New prosecutions.
(1)
The period of limitation does not run against any defendant during any period of time in 
which the defendant is out of the state following the commission of an offense.
(2)
If the defendant has entered into a plea agreement with the prosecution and later 
successfully moves to invalidate 
his
the defendant's
 conviction, the period of limitation 
is suspended from the time of the entry of the plea pursuant to the plea agreement until 
the time at which the conviction is determined to be invalid, and that determination 
becomes final.
(3)
For purposes of this section, "final" means:
(a)
all appeals have been exhausted;
(b)
no judicial review is pending; and
(c)
no application for judicial review is pending.
(4)
When the period of limitation is suspended pursuant to Subsection 
(2)
, the suspension 
includes any charges to which the defendant pleaded guilty pursuant to a plea 
agreement, charges which were dismissed as a result of a plea agreement, as well as any 
known charges which were not barred at the time of entry of the plea.
(5)
Notwithstanding any other limitation, a prosecution may be commenced for charges 
described in Subsection 
(4)
 within one year after a plea entered pursuant to a plea 
agreement has been determined to be invalid, and that determination becomes final.
Section 313, Section 
76-1-402
 is amended to read:
76-1-402
. Separate offenses arising out of single criminal episode -- Included 
offenses.
(1)
A defendant may be prosecuted in a single criminal action for all separate offenses 
arising out of a single criminal episode; however, when the same act of a defendant 
under a single criminal episode shall establish offenses which may be punished in 
different ways under different provisions of this code, the act shall be punishable under 
only one such provision; an acquittal or conviction and sentence under any such 
provision bars a prosecution under any other such provision.
(2)
Whenever conduct may establish separate offenses under a single criminal episode, 
unless the court otherwise orders to promote justice, a defendant shall not be subject to 
separate trials for multiple offenses when:
(a)
The 
the 
offenses are within the jurisdiction of a single court; and
(b)
The 
the 
offenses are known to the prosecuting attorney at the time the defendant is 
arraigned on the first information or indictment.
(3)
A defendant may be convicted of an offense included in the offense charged but may 
not be convicted of both the offense charged and the included offense. An offense is so 
included when:
(a)
It 
it 
is established by proof of the same or less than all the facts required to establish 
the commission of the offense charged; or
(b)
It 
it 
constitutes an attempt, solicitation, conspiracy, or form of preparation to 
commit the offense charged or an offense otherwise included therein; or
(c)
It 
it 
is specifically designated by a statute as a lesser included offense.
(4)
The court shall not be obligated to charge the jury with respect to an included offense 
unless there is a rational basis for a verdict acquitting the defendant of the offense 
charged and convicting 
him
the defendant
 of the included offense.
(5)
If the district court on motion after verdict or judgment, or an appellate court on appeal 
or certiorari, shall determine that there is insufficient evidence to support a conviction 
for the offense charged but that there is sufficient evidence to support a conviction for an 
included offense and the trier of fact necessarily found every fact required for conviction 
of that included offense, the verdict or judgment of conviction may be set aside or 
reversed and a judgment of conviction entered for the included offense, without 
necessity of a new trial, if such relief is sought by the defendant.
Section 314, Section 
76-2-201
 is amended to read:
76-2-201
. Definitions.
As used in this part:
(1)
"Agent" means any director, officer, employee, or other person authorized to act in 
behalf of a corporation or association.
(2)
"High managerial agent" means:
(a)
A 
a 
partner in a partnership;
(b)
An 
an 
officer of a corporation or association;
(c)
An 
an 
agent of a corporation or association who has duties of such responsibility 
that 
his
the agent's
 conduct reasonably may be assumed to represent the policy of the 
corporation or association.
(3)
"Corporation" means all organizations required by the laws of this state or any other 
state to obtain a certificate of authority, a certificate of incorporation, or other form of 
registration to transact business as a corporation within this state or any other state and 
shall include domestic, foreign, profit and nonprofit corporations, but shall not include a 
corporation sole, as such term is used in 
Title 16, Chapter 7, Corporations Sole
. Lack of 
an appropriate certificate of authority, incorporation, or other form of registration shall 
be no defense when such organization conducted its business in a manner as to appear to 
have lawful corporate existence.
Section 315, Section 
76-2-204
 is amended to read:
76-2-204
. Criminal responsibility of corporation or association.
A corporation or association is guilty of an offense when:
(1)
The conduct constituting the offense consists of an omission to discharge a specific duty 
of affirmative performance imposed on corporations or associations by law; or
(2)
The conduct constituting the offense is authorized, solicited, requested, commanded, or 
undertaken, performed, or recklessly tolerated by the board of directors or by a high 
managerial agent acting within the scope of 
his 
employment and in behalf of the 
corporation or association.
Section 316, Section 
76-2-205
 is amended to read:
76-2-205
. Criminal responsibility of person for conduct in name of corporation 
or association.
A person is criminally liable for conduct constituting an offense which 
he
the person
performs or causes to be performed in the name of or on behalf of a corporation or association 
to the same extent as if such conduct were performed in 
his
the person's
 own name or behalf.
Section 317, Section 
76-2-301
 is amended to read:
76-2-301
. Person under 14 years old not criminally responsible.
A person is not criminally responsible for conduct performed before 
he
the person
reaches 
the age of 
14 years
 old
. This section shall in no way limit the jurisdiction of or 
proceedings before the juvenile courts of this state.
Section 318, Section 
76-2-302
 is amended to read:
76-2-302
. Compulsion.
(1)
A person is not guilty of an offense when 
he
the person
 engaged in the proscribed 
conduct because 
he
the person
 was coerced to do so by the use or threatened imminent 
use of unlawful physical force upon 
him
the person
 or a third person, which force or 
threatened force a person of reasonable firmness in 
his
that
 situation would not have 
resisted.
(2)
The defense of compulsion provided by this section shall be unavailable to a person 
who intentionally, knowingly, or recklessly places himself 
or herself 
in a situation in 
which it is probable that 
he
the person
 will be subjected to duress.
(3)
A married woman is not entitled, by reason of the presence of her husband, to any 
presumption of compulsion or to any defense of compulsion except as in Subsection 
(1)
provided. 
Section 319, Section 
76-2-303
 is amended to read:
76-2-303
. Entrapment.
(1)
It is a defense that the actor was entrapped into committing the offense. Entrapment 
occurs when a peace officer or a person directed by or acting in cooperation with the 
officer induces the commission of an offense in order to obtain evidence of the 
commission for prosecution by methods creating a substantial risk that the offense 
would be committed by one not otherwise ready to commit it. Conduct merely affording 
a person an opportunity to commit an offense does not constitute entrapment.
(2)
The defense of entrapment shall be unavailable when causing or threatening bodily 
injury is an element of the offense charged and the prosecution is based on conduct 
causing or threatening the injury to a person other than the person perpetrating the 
entrapment.
(3)
The defense provided by this section is available even though the actor denies 
commission of the conduct charged to constitute the offense.
(4)
Upon written motion of the defendant, the court shall hear evidence on the issue and 
shall determine as a matter of fact and law whether the defendant was entrapped to 
commit the offense. Defendant's motion shall be made at least 10 days before trial 
except the court for good cause shown may permit a later filing.
(5)
Should the court determine that the defendant was entrapped, it shall dismiss the case 
with prejudice, but if the court determines the defendant was not entrapped, such issue 
may be presented by the defendant to the jury at trial. Any order by the court dismissing 
a case based on entrapment shall be appealable by the state.
(6)
In any hearing before a judge or jury where the defense of entrapment is an issue, past 
offenses of the defendant shall not be admitted
,
 except that in a trial where the defendant 
testifies
 he
, the defendant
 may be asked 
of his
about
 past convictions for felonies and 
any testimony given by the defendant at a hearing on entrapment may be used to 
impeach 
his
the defendant's
 testimony at trial.
Section 320, Section 
76-2-304
 is amended to read:
76-2-304
. Ignorance or mistake of fact or law.
(1)
Unless otherwise provided, ignorance or mistake of fact which disproves the culpable 
mental state is a defense to any prosecution for that crime.
(2)
Ignorance or mistake concerning the existence or meaning of a penal law is no defense 
to a crime unless:
(a)
Due 
due 
to 
his
an actor's
 ignorance or mistake, the actor reasonably believed 
his
the actor's
 conduct did not constitute an offense
, 
; 
and
(b)
His
an actor's
 ignorance or mistake resulted from the actor's reasonable reliance 
upon:
(i)
An 
an 
official statement of the law contained in a written order or grant of 
permission by an administrative agency charged by law with responsibility for 
interpreting the law in question; or
(ii)
A 
a 
written interpretation of the law contained in an opinion of a court of record 
or made by a public servant charged by law with responsibility for interpreting the 
law in question.
(3)
Although an actor's ignorance or mistake of fact or law may constitute a defense to the 
offense charged, 
he
the actor
 may nevertheless be convicted of a lesser included offense 
of which 
he
the actor
 would be guilty if the fact or law were as 
he
the actor
 believed.
Section 321, Section 
76-2-307
 is amended to read:
76-2-307
. Voluntary termination of efforts prior to offense.
It is an affirmative defense to a prosecution in which an actor's criminal responsibility 
arises from 
his
the actor's
 own conduct or from being a party to an offense under Section 
76-2-202
 that prior to the commission of the offense, the actor voluntarily terminated 
his
the 
actor's
 effort to promote or facilitate its commission and either:
(1)
Gave 
gave 
timely warning to the proper law enforcement authorities or the intended 
victim; or
(2)
Wholly 
wholly 
deprives 
his
the actor's
 prior efforts of effectiveness in the 
commission.
Section 322, Section 
76-2-403
 is amended to read:
76-2-403
. Force in arrest.
Any person is justified in using any force, except deadly force, which 
he
the person
reasonably believes to be necessary to effect an arrest or to defend himself
 or herself
 or 
another from bodily harm while making an arrest.
Section 323, Section 
76-3-303
 is amended to read:
76-3-303
. Additional sanctions against corporation or association -- Advertising 
of conviction -- Disqualification of officer.
(1)
When a corporation or association is convicted of an offense, the court may, in addition 
to or in lieu of imposing other authorized sanctions, require the corporation or 
association to give appropriate publicity of the conviction by notice to the class or 
classes of persons or section of the public interested in or affected by the conviction, by 
advertising in designated areas, or by designated media or otherwise.
(2)
When an executive or high managerial officer of a corporation or association is 
convicted of an offense committed in furtherance of the affairs of the corporation or 
association, the court may include in the sentence an order disqualifying 
him
the 
executive or high managerial officer
 from exercising similar functions in the same or 
other corporations or associations for a period of not exceeding five years if 
it
the court
finds the scope or willfulness of 
his
the
 illegal actions make it dangerous or inadvisable 
for such functions to be entrusted to 
him
the executive or high managerial officer
.
Section 324, Section 
76-3-405
 is amended to read:
76-3-405
. Limitation on sentence where conviction or prior sentence set aside.
(1)
Where a conviction or sentence has been set aside on direct review or on collateral 
attack, the court shall not impose a new sentence for the same offense or for a different 
offense based on the same conduct which is more severe than the prior sentence less the 
portion of the prior sentence previously satisfied.
(2)
This section does not apply when:
(a)
the increased sentence is based on facts which were not known to the court at the 
time of the original sentence, and the court affirmatively places on the record the 
facts which provide the basis for the increased sentence; or
(b)
a defendant enters into a plea agreement with the prosecution and later successfully 
moves to invalidate 
his
the defendant's
 conviction, in which case the defendant and 
the prosecution stand in the same position as though the plea bargain, conviction, and 
sentence had never occurred.
Section 325, Section 
76-3-409
 is amended to read:
76-3-409
. Child abuse or sex offense against child -- Treatment of offender or 
victim -- Payment of costs.
(1)
Any person convicted in the district court of child abuse, or a sexual offense if the 
victim is under 18 years 
of age
old
, may be ordered to participate in treatment or 
therapy under the supervision of the adult probation and parole section of the 
Department of Corrections, in cooperation with the division of children, youth, and 
families until the court is satisfied that such treatment or therapy has been successful or 
that no further benefit to the convicted offender would result if such treatment or therapy 
were continued. The court may also order treatment of the victim if it believes the same 
would be beneficial under the circumstances. Nothing in this section shall preclude the 
court from imposing any additional sentence as provided by law.
(2)
The convicted offender shall be ordered to pay, to the extent that 
he or she
the 
convicted offender
 is able, the costs of 
his or her
the convicted offender's
 treatment, 
together with treatment costs incurred by the victim and any administrative costs 
incurred by the appropriate state agency in the supervision of such treatment. If the 
convicted offender is unable to pay all or part of the costs of treatment, the court may 
order the appropriate state agency to pay such costs to the extent funding is provided by 
the Legislature for such purpose and shall order the convicted offender to perform public 
service work as compensation for the cost of treatment.
Section 326, Section 
76-7-202
 is amended to read:
76-7-202
. Orders for support in criminal nonsupport proceedings.
(1)
In any proceeding under Section 
76-7-201
, the court may, instead of imposing the 
punishments otherwise prescribed, issue an order directing the defendant to periodically 
pay a sum to the Office of Recovery Services, or otherwise as the court may direct, to be 
used for the support of the dependents who are the subject of the proceeding under 
Section 
76-7-201
.
(2)
The order to periodically pay a sum for the support of the dependents:
(a)
may be issued with the consent of the defendant prior to trial, or after conviction, 
having regard to the circumstances, financial ability, and earning capacity of the 
defendant;
(b)
shall be subject to change from time to time as circumstances may require;
(c)
may not require payments for a period exceeding the term of probation provided for 
the offense with which the defendant is charged, or of which 
he
the defendant
 is 
found guilty; and
(d)
shall be conditioned upon the defendant either entering a recognizance in accordance 
with Subsection 
(3)
, or providing security in a sum as the court directs.
(3)
The condition of recognizance shall require the defendant to:
(a)
make personal appearance in court whenever ordered to do so within the period of 
probation; and
(b)
comply with the terms of the order and any subsequent modifications of the order.
(4)
If the court is satisfied by information and due proof under oath that at any time during 
the period of probation the defendant has violated the terms of the order, it may proceed 
with the trial of defendant under the original charge or sentence 
him
the defendant
under the original conviction or enforce the original sentence as the case may be. In the 
case of forfeiture of bail or bond in any proceeding under Section 
76-7-201
, the sum 
recovered may, in the discretion of the court, be paid in whole or in part to the Office of 
Recovery Services, or otherwise as the court may direct, to be used for the support of the 
dependents involved.
Section 327, Section 
76-7-303
 is amended to read:
76-7-303
. Concurrence of attending physician based on medical judgment.
No abortion may be performed in this state without the concurrence of the attending 
physician, based on 
his
the attending physician's
 best medical judgment.
Section 328, Section 
76-7-308
 is amended to read:
76-7-308
. Medical skills required to preserve life of unborn child.
Consistent with the purpose of saving the life of the woman or preventing grave damage 
to the woman's medical health, the physician performing the abortion must use all of 
his
the 
physician's
 medical skills to attempt to promote, preserve and maintain the life of any unborn 
child sufficiently developed to have any reasonable possibility of survival outside of the 
mother's womb.
Section 329, Section 
77-1-6
 is amended to read:
77-1-6
. Rights of defendant.
(1)
In criminal prosecutions the defendant is entitled
 to
:
(a)
To 
appear in person and defend in person or by counsel;
(b)
To 
receive a copy of the accusation filed against 
him
the defendant
;
(c)
To 
testify in 
his
the defendant's
 own behalf;
(d)
To 
be confronted by the witnesses against 
him
the defendant
;
(e)
To 
have compulsory process to insure the attendance of witnesses in 
his
the 
defendant's
 behalf;
(f)
To 
a speedy public trial by an impartial jury of the county or district where the 
offense is alleged to have been committed;
(g)
To 
the right of appeal in all cases; and
(h)
To 
be admitted to bail in accordance with provisions of law, or be entitled to a trial 
within 30 days after arraignment if unable to post bail and if the business of the court 
permits.
(2)
In addition:
(a)
No 
no 
person shall be put twice in jeopardy for the same offense;
(b)
No 
no 
accused person shall, before final judgment, be compelled to advance money 
or fees to secure rights guaranteed by the Constitution or the laws of Utah, or to pay 
the costs of those rights when received;
(c)
No 
no 
person shall be compelled to give evidence against himself
 or herself
;
(d)
A wife shall not be compelled to testify against her husband nor a husband against 
his wife
an individual may not be compelled to testify against the individual's spouse
; 
and
(e)
No 
no 
person shall be convicted unless by verdict of a jury, or upon a plea of guilty 
or no contest, or upon a judgment of a court when trial by jury has been waived or, in 
case of an infraction, upon a judgment by a magistrate.
Section 330, Section 
77-2-4
 is amended to read:
77-2-4
. Dismissal of prosecution.
After commencement of a prosecution the prosecutor may, upon reasonable grounds, 
move the magistrate before whom the prosecution is pending to dismiss the prosecution. If, in 
the judgment of the magistrate, the prosecution should not continue, 
he
the magistrate
 may 
dismiss the prosecution and enter an order of dismissal stating the reasons for the dismissal in 
the order.
Section 331, Section 
77-2-4.5
 is amended to read:
77-2-4.5
. Dismissal by compromise -- Limitations.
(1)
In misdemeanor cases the court may dismiss the case upon motion of the prosecutor if it 
is compromised by the defendant and the injured party, except under Subsection 
(2)
. 
The injured party shall first acknowledge the compromise before the court or in writing. 
The reasons for the order shall be set forth and entered in the minutes. The order is a bar 
to another prosecution for the same offense.
(2)
A dismissal by compromise may not be granted when the misdemeanor is committed by 
or upon a peace officer while in the performance of 
his
the peace officer's
 duties, or 
riotously, or with intent to commit a felony.
Section 332, Section 
77-2-6
 is amended to read:
77-2-6
. Dismissal after compliance with diversion agreement.
The court shall dismiss the information or indictment filed against the defendant who 
has complied with the requirements of 
his
a
 diversion agreement and the defendant shall not 
thereafter be subject to further prosecution for the offense involved or for any lesser included 
offense.
Section 333, Section 
77-2-8
 is amended to read:
77-2-8
. Violation of diversion agreement -- Hearing -- Prosecution resumed.
If, during the course of the diversion of a defendant, information is brought to the 
attention of a magistrate or the prosecuting attorney that the defendant has violated 
his
the
diversion agreement and it appears in the best interests of the community to reinstate and 
proceed with the prosecution, the prosecuting attorney, upon court approval, or the magistrate, 
on 
his
the magistrate's
 own motion, shall cause to be served upon the defendant an order to 
show cause specifying the facts relied upon by the prosecuting attorney or magistrate to 
terminate diversion and shall set a time and place for a hearing to determine whether or not the 
defendant has violated 
his
the
 diversion agreement. If, at the hearing, the magistrate finds the 
defendant has failed to comply with any terms or conditions of the diversion agreement, 
he
the magistrate
 may authorize the prosecuting attorney to proceed with prosecution. The 
prosecution of a diverted offense shall not bar any independent prosecution arising from any 
offense that constituted a violation of any term or condition of the diversion agreement by 
which the original prosecution was diverted.
Section 334, Section 
77-3-2
 is amended to read:
77-3-2
. Examination of complainant and witnesses.
The magistrate shall examine, on oath, the complainant and any witnesses 
he
the 
complainant
 may produce and may take 
their
the complainant's or witnesses'
 testimony in 
writing.
Section 335, Section 
77-3-4
 is amended to read:
77-3-4
. Warrant of arrest -- Temporary restraining order.
If the magistrate believes there is reasonable ground to fear the commission of the 
offense threatened, 
he
the magistrate
 may
 issue
:
(1)
Issue 
a warrant directed generally to any peace officer, reciting the substance of the 
complaint and commanding the officer to immediately arrest the person complained of 
and bring 
him
that person
 before the magistrate or
,
 in the case of 
his
the magistrate's
absence or inability to act
,
 before the nearest and most accessible magistrate of the 
county; and
(2)
Issue 
a temporary restraining order against the commission of the offense and order 
the person complained of to immediately appear before the magistrate for a hearing.
Section 336, Section 
77-3-5
 is amended to read:
77-3-5
. Defendant taken before different magistrate -- Procedure.
When the person arrested is taken before a magistrate other than the one who issued the 
warrant, the peace officer who executed the warrant shall deliver it to the issuing magistrate 
with his
 or her
 endorsed return. The complaint and written testimony, if any, on which the 
warrant was issued shall be sent to the magistrate before whom the person arrested is taken.
Section 337, Section 
77-3-8
 is amended to read:
77-3-8
. Findings and orders -- Discharge -- Undertaking -- Commitment.
(1)
If it appears there is no reasonable ground to fear the commission of the offense alleged 
to have been threatened, the person complained of shall be discharged. The complainant 
may be ordered to pay the costs of the proceedings if the magistrate believes the 
complaint was unfounded and frivolous.
(2)
If there is reasonable ground to fear the commission of an offense, the court may, in 
addition or as an alternative to other relief, enter an order permanently restraining the 
person from engaging in illegal conduct or acting in any manner that could result in 
illegal conduct or the person complained of may be required to enter into an undertaking 
in a sum not to exceed $3,000, with one or more sufficient sureties, to keep the peace 
toward the people of this state and particularly toward the persons endangered. The 
conditions of the undertaking shall be in writing and shall be for a period of six months. 
It may be extended on good cause shown for a longer period or enlarged and a new 
undertaking may be required.
(a)
If the undertaking is given, the party complained of shall be discharged.
(b)
If the undertaking is not given, the magistrate shall commit the defendant to jail 
specifying in the warrant of commitment the requirement to give security, the amount 
thereof, and the effective period of time.
(c)
A person committed for not giving the required undertaking may be discharged by 
any magistrate when 
he
the person
 provides the undertaking.
Section 338, Section 
77-3-10
 is amended to read:
77-3-10
. Assault in presence of magistrate or court.
A person who, in the presence of the court or magistrate, assaults or threatens to assault 
another or to commit an offense against person or property, or who contends with another with 
threatening words, may be ordered by the court or magistrate to give security and if 
he
the 
person
 refuses to do so, may be committed as provided in Subsection 
77-3-8(2)(b)
.
Section 339, Section 
77-5-2
 is amended to read:
77-5-2
. Chief justice to preside, when.
When the governor is on trial, the chief justice of the Supreme Court shall preside, and, 
in case 
he
the chief justice
 is disqualified or unable to act, the Senate shall select some other 
justice of the Supreme Court to preside.
Section 340, Section 
77-5-8
 is amended to read:
77-5-8
. Two-thirds vote necessary for conviction.
The officer shall not be convicted on impeachment without the concurrence of 
two-thirds of the senators elected, voting by ayes and nays, and if two-thirds of the senators 
elected do not concur in a conviction, 
he
the officer
 shall be acquitted.
Section 341, Section 
77-6-5
 is amended to read:
77-6-5
. Appearance -- Procedure on default.
The defendant shall appear at the time appointed and answer the accusation, unless for 
some sufficient cause the court assigns another time for that purpose. If 
he
the defendant
 does 
not appear, the court may proceed to hear and determine the accusation in 
his
the defendant's
absence.
Section 342, Section 
77-6-6
 is amended to read:
77-6-6
. Answer -- Objections for insufficiency.
The defendant may orally answer the accusation either by admitting or denying it in 
open court, or 
he
the defendant
 may, in writing, object to the legal sufficiency of the 
accusation. If the objection to the sufficiency of the accusation is sustained, the accusation 
shall be dismissed. If the objection is overruled, the defendant shall immediately admit or deny 
the accusation.
Section 343, Section 
77-6-8
 is amended to read:
77-6-8
. Judgment of removal -- Service on defendant.
If the defendant admits the accusation or is convicted, the court shall enter judgment 
against 
him
the defendant
 directing the defendant be removed from office and setting forth 
the causes of removal. The judgment of removal shall immediately be served upon the 
defendant.
Section 344, Section 
77-6-9
 is amended to read:
77-6-9
. Appeal -- Suspension from office.
From a judgment of removal an appeal may be taken to the Supreme Court in the same 
manner as from a judgment in a civil action; but from entry of judgment and until the 
judgment is reversed, the defendant shall be suspended from 
his
the defendant's
 office. 
Pending the appeal, the office shall be filled as in the case of a vacancy.
Section 345, Section 
77-7-1
 is amended to read:
77-7-1
. "Arrest" defined -- Restraint allowed.
An arrest is an actual restraint of the person arrested or submission to custody. The 
person shall not be subjected to any more restraint than is necessary for 
his 
arrest and 
detention.
Section 346, Section 
77-7-3
 is amended to read:
77-7-3
. By private persons.
A private person may arrest another:
(1)
For
for
 a public offense committed or attempted in 
his
the private person's
 presence; or
(2)
When
when
 a felony has been committed and 
he
the private person
 has reasonable 
cause to believe the person arrested has committed it.
Section 347, Section 
77-7-9
 is amended to read:
77-7-9
. Weapons may be taken from prisoner.
Any person making an arrest may seize from the person arrested all weapons which 
he
the person arrested
 may have on or about his
 or her
 person.
Section 348, Section 
77-7-10
 is amended to read:
77-7-10
. Telegraph or telephone authorization of execution of arrest warrant.
Any magistrate may, by an endorsement on a warrant of arrest, authorize by telegraph, 
telephone or other reasonable means, its execution. A copy of the warrant or notice of its 
issuance and terms may be sent to one or more peace officers. The copy or notice 
communicated authorizes the officer to proceed in the same manner under it as if 
he
the peace 
officer
 had an original warrant.
Section 349, Section 
77-7-11
 is amended to read:
77-7-11
. Possession of warrant by arresting officer not required.
Any peace officer who has knowledge of an outstanding warrant of arrest may arrest a 
person 
he
the peace officer
 reasonably believes to be the person described in the warrant, 
without the peace officer having physical possession of the warrant.
Section 350, Section 
77-7-14
 is amended to read:
77-7-14
. Person causing detention or arrest of person suspected of shoplifting or 
library theft -- Civil and criminal immunity.
(1)
A peace officer, merchant, or merchant's employee, servant, or agent who causes the 
detention of a person as provided in Section 
77-7-12
, or who causes the arrest of a 
person for theft of goods held or displayed for sale, is not criminally or civilly liable 
where 
he has
there is
 reasonable and probable cause to believe the person detained or 
arrested committed a theft of goods held or displayed for sale.
(2)
A peace officer or employee of a library who causes a detention or arrest of a person 
under 
Title 76, Chapter 6, Part 8, Library Theft
, is not criminally or civilly liable where 
he has
there is
 reasonable and probable cause to believe that the person committed a 
theft of library materials.
Section 351, Section 
77-7-16
 is amended to read:
77-7-16
. Authority of peace officer to frisk suspect for dangerous weapon -- 
Grounds.
A peace officer who has stopped a person temporarily for questioning may frisk the 
person for a dangerous weapon if 
he
the peace officer
 reasonably believes 
he
the peace 
officer
 or any other person is in danger.
Section 352, Section 
77-7-17
 is amended to read:
77-7-17
. Authority of peace officer to take possession of weapons.
A peace officer who finds a dangerous weapon pursuant to a frisk may take and keep it 
until the completion of the questioning, at which time 
he
the peace officer
 shall either return it 
if lawfully possessed, or arrest such person.
Section 353, Section 
77-8-2
 is amended to read:
77-8-2
. Suspect's right to have attorney present.
A suspect has the right to have 
his
an
 attorney present at any lineup. The magistrate or 
party in charge of the lineup shall notify the suspect of this right. Every suspect unable to 
employ counsel shall be entitled to representation by an attorney appointed by a magistrate for 
a lineup either before or after an arrest.
Section 354, Section 
77-8-4
 is amended to read:
77-8-4
. Record of proceedings -- Access by suspect.
The entire lineup procedure shall be recorded, including all conversations between the 
witnesses and the conducting peace officers. The suspect shall have access to and may make 
copies of the record and any photographs taken of 
him
the suspect
 or any other persons in 
connection with the lineup.
Section 355, Section 
77-8a-1
 is amended to read:
77-8a-1
. Joinder of offenses and of defendants.
(1)
Two or more felonies, misdemeanors, or both, may be charged in the same indictment 
or information if each offense is a separate count and if the offenses charged are:
(a)
based on the same conduct or are otherwise connected together in their commission; 
or
(b)
alleged to have been part of a common scheme or plan.
(2)
(a)
When a felony and misdemeanor are charged together the defendant is afforded a 
preliminary hearing with respect to both the misdemeanor and felony offenses.
(b)
Two or more defendants may be charged in the same indictment or information if 
they are alleged to have participated in the same act or conduct or in the same 
criminal episode.
(c)
The defendants may be charged in one or more counts together or separately and all 
of the defendants need not be charged in each count.
(d)
When two or more defendants are jointly charged with any offense, they shall be 
tried jointly unless the court in its discretion on motion or otherwise orders separate 
trials consistent with the interests of justice.
(3)
(a)
The court may order two or more indictments or informations or both to be tried 
together if the offenses, and the defendants, if there is more than one, could have 
been joined in a single indictment or information.
(b)
The procedure shall be the same as if the prosecution were under a single indictment 
or information.
(4)
(a)
If the court finds a defendant or the prosecution is prejudiced by a joinder of 
offenses or defendants in an indictment or information or by a joinder for trial 
together, the court shall order an election of separate trials of separate counts, grant a 
severance of defendants, or provide other relief as justice requires.
(b)
A defendant's right to severance of offenses or defendants is waived if the motion is 
not made at least five days before trial. In ruling on a motion by defendant for 
severance, the court may order the prosecutor to disclose any statements made by the 
defendants which 
he
the prosecutor
 intends to introduce in evidence at the trial.
Section 356, Section 
77-9-1
 is amended to read:
77-9-1
. Authority of peace officer of another state.
A peace officer of another state or the District of Columbia who enters this state in fresh 
pursuit and continues in fresh pursuit of a person in order to 
make an 
arrest 
him 
on the 
ground that 
he
the person
 is reasonably believed to have committed a felony in another state, 
has the same authority to arrest and hold a person in custody as a peace officer of this state. 
Fresh pursuit does not require instant action, but pursuit without unreasonable delay.
Section 357, Section 
77-9-2
 is amended to read:
77-9-2
. Procedure after arrest.
An officer who has made an arrest pursuant to Section 
77-9-1
 shall without unnecessary 
delay take the person arrested before a magistrate of the county in which the arrest was made. 
The magistrate shall conduct a hearing to determine the lawfulness of the arrest. If 
he
the 
magistrate
 finds the arrest was lawful, the magistrate may commit the person arrested for a 
reasonable time or may admit the person to bail pending extradition proceedings.
Section 358, Section 
77-9-3
 is amended to read:
77-9-3
. Authority of peace officer of this state beyond normal jurisdiction.
(1)
Any peace officer authorized by any governmental entity of this state may exercise a 
peace officer's authority beyond the limits of such officer's normal jurisdiction as 
follows:
(a)
when in fresh pursuit of an offender for the purpose of arresting and holding that 
person in custody or returning the suspect to the jurisdiction where the offense was 
committed;
(b)
when a public offense is committed in such officer's presence;
(c)
when participating in an investigation of criminal activity which originated in the 
officer's normal jurisdiction in cooperation with the local authority; or
(d)
when called to assist peace officers of another jurisdiction.
(2)
(a)
Any peace officer, prior to taking any action authorized by Subsection 
(1)
, shall 
notify and receive approval of the local law enforcement authority, or if the prior 
contact is not reasonably possible, notify the local law enforcement authority as soon 
as reasonably possible.
(b)
Unless specifically requested to aid a peace officer of another jurisdiction or 
otherwise as provided for by law, no legal responsibility for a peace officer's action 
outside 
his
the peace officer's
 normal jurisdiction, except as provided in this section, 
shall attach to the local law enforcement authority.
Section 359, Section 
77-10a-1
 is amended to read:
77-10a-1
. Definitions.
As used in this chapter:
(1)
"Clerk of the court" means the state court administrator or 
his
the state court 
administrator's
 designee.
(2)
"Managing judge" means the supervising judge when 
he
the supervising judge
 retains 
authority to manage a grand jury, or the district court judge to whom the supervising 
judge delegates management of a grand jury.
(3)
"Presiding officer" means the presiding officer of the Judicial Council.
(4)
"Subject" means a person whose conduct is within the scope of the grand jury's 
investigation, and that conduct exposes the person to possible criminal prosecution.
(5)
"Supervising judge" means the district court judge appointed by the presiding officer to 
supervise the five-judge grand jury panel.
(6)
"Target" means a person regarding whom the attorney for the state, the special 
prosecutor, or the grand jury has substantial evidence that links that person to the 
commission of a crime and who could be indicted or charged with that crime.
(7)
"Witness" means a person who appears before the grand jury either voluntarily or 
pursuant to subpoena for the purpose of providing testimony or evidence for the grand 
jury's use in discharging its responsibilities.
Section 360, Section 
77-10a-7
 is amended to read:
77-10a-7
. Selection of grand jurors -- Notice -- Examination -- Qualification -- 
Alternates.
(1)
When the supervising judge orders that a grand jury be summoned, the managing judge 
shall direct the clerk to select at random from the master list the number of names 
determined by the managing judge to ensure that the required number of grand jurors 
under this chapter may be qualified to constitute the grand jury.
(2)
(a)
The managing judge may direct the clerk to draw additional names from the 
master list so alternate grand jurors may be designated at the time the grand jury is 
selected.
(b)
Alternate grand jurors shall be drawn in the same manner and have the same 
qualifications as the regular grand jurors. If impanelled, they are subject to the same 
challenges, shall take the same oath, and have the same functions, powers, facilities, 
and privileges as the regular jurors.
(3)
The clerk shall cause each person drawn for service on the grand jury or as an alternate 
to be notified of when and where to report for service. Notice may be given by 
telephone or by service of a summons, either personally or by first class mail addressed 
to the prospective juror's current residence, place of business, or post office box.
(4)
The names of those drawn for service on the grand jury or as alternates and the contents 
of all grand juror questionnaires may not be made available to the public.
(5)
(a)
At the time and place specified for the appearance of the persons summoned to 
serve as grand jurors and alternates, the managing judge shall examine the 
prospective grand jurors and alternates. Before accepting any person as a grand juror 
or alternate, the managing judge shall be satisfied that the person has no bias or 
prejudice that would prevent 
him
the person
 from fairly and dispassionately 
considering the matters presented to the grand jury.
(b)
When drawn and qualified, the person shall be accepted for service unless
 the 
managing judge in his
, in the managing judge's
 discretion and on the application of 
the juror
, the managing judge
 excuses 
him
the person
 from service before 
he
the 
person
 is sworn.
(6)
The managing judge may dismiss the grand jury panel if 
he
the managing judge
 finds 
there has been a material departure from the methods prescribed for the selecting, 
drawing, and return of the grand jury, or if there has been an intentional omission by the 
proper officer to summon one or more of the grand jurors drawn.
(7)
When 15 of the persons summoned as grand jurors who are qualified and not excused 
remain, they are the grand jury. If more than 15 qualified persons remain, their names 
shall be written by the clerk on separate slips, folded to conceal the names, and placed in 
a box. The clerk shall then draw 15 slips, and the persons whose names are drawn are 
the grand jury.
(8)
(a)
When the number of persons to be designated as alternate grand jurors who are 
qualified and not excused remain, they are the alternate grand jurors.
(b)
If more than the number of alternate grand jurors designated by the managing judge 
remain, their names shall be written by the clerk on separate slips, folded to conceal 
the names, and placed in a box. The clerk shall then draw slips until the designated 
number of alternate grand jurors are selected.
Section 361, Section 
77-10a-8
 is amended to read:
77-10a-8
. Challenge of prospective grand jurors -- Failure to comply in selection 
of jurors -- Remedies.
(1)
The attorney general, county attorney, district attorney, or special prosecutor may 
challenge:
(a)
the array of grand jurors on the ground the grand jury was not selected, drawn, or 
summoned in accordance with law; and
(b)
an individual juror on the ground the juror is not legally qualified.
(2)
Challenges shall be made before the administration of the oath to the jurors and shall be 
tried to the court managing the grand jury.
(3)
A motion to dismiss the indictment may be based on objections to the array or on the 
lack of legal qualification of an individual juror, if not previously determined upon 
challenge.
(4)
In criminal cases the defendant or attorney for the state may move to dismiss the 
indictment or stay the proceedings on the ground of substantial failure to comply with 
this chapter in selecting the grand jury. However, 
he
the defendant or attorney for the 
state
 must do so before the voir dire examination begins or within seven days after the 
defendant or attorney for the state discovered or could have discovered the grounds by 
the exercise of diligence, whichever is earlier, or the motion is considered waived.
(5)
(a)
Any motion filed under Subsection 
(1)
, 
(3)
, or 
(4)
 must contain a sworn statement 
of facts which, if true, would constitute a substantial failure to comply with the 
provisions of this chapter. The moving party may present in support of the motion 
the testimony of the clerk if 
he
the clerk
 is available, any relevant records and papers 
used by the clerk that were not made public or otherwise available, and any other 
relevant evidence.
(b)
If the managing judge determines there has been a substantial failure to comply with 
the provisions of this chapter in selecting the grand jury, 
he
the managing judge
shall stay the proceedings pending the selection of a grand jury in conformity with 
this chapter or dismiss the indictment, whichever is appropriate.
(6)
(a)
The procedures prescribed by this section are the exclusive means by which a 
party accused of a crime or an attorney for the state may challenge any grand jury on 
the ground it was not selected in conformity with this chapter.
(b)
An indictment may not be dismissed in any case on the ground that one or more 
members of the grand jury that returned the indictment were not legally qualified if it 
appears from the record kept by the grand jury that eight or more jurors, after 
deducting the number not qualified, concurred in finding the indictment.
Section 362, Section 
77-10a-11
 is amended to read:
77-10a-11
. Jury foreman -- Compensation of grand jurors.
(1)
The managing judge shall appoint one of the jurors to be foreman and another to be 
deputy foreman. The foreman may administer oaths and affirmations and shall sign all 
indictments. The foreman or another juror designated by 
him
the foreman
 shall keep 
record of the number of jurors concurring in the finding of every indictment and shall 
file the record with the clerk of the court. The record may not be made public except on 
order of the managing judge.
(2)
During the absence of the foreman the deputy foreman shall act as foreman.
(3)
A grand juror shall be compensated at the same rate as a juror in a state district court for 
each day of service.
Section 363, Section 
77-10a-17
 is amended to read:
77-10a-17
. Grand jury report on noncriminal misconduct -- Action on the report.
(1)
A grand jury may upon completion of its original term or each extension, with the 
concurrence of a majority of its members, submit to the managing judge a report 
concerning noncriminal misconduct, malfeasance, or misfeasance in office as a basis for 
a recommendation of removal or disciplinary action against a public officer or employee.
(2)
The judge to whom the report is submitted shall examine it and the minutes of the grand 
jury. The judge shall make an order accepting and filing the report as a public record, 
but only if the judge is satisfied that it complies with Subsection 
(1)
 and:
(a)
the report is based on facts revealed during the grand jury's investigation and is 
supported by a preponderance of evidence; and
(b)
each person named and any reasonable number of witnesses on 
his
the named 
person's
 behalf as designated by 
him
the named person
 to the foreman of the grand 
jury were afforded an opportunity to testify before the grand jury prior to the filing of 
the report.
(3)
An order accepting a report made under this section and the report itself shall be sealed 
by the managing judge and may not be filed as a public record or be subject to subpoena 
or otherwise made public until:
(a)
at least 31 days after a copy of the order and report are served on each public officer 
or employee named and an answer has been filed;
(b)
the time for filing an answer has expired; or
(c)
an appeal is taken or until all rights of review of the public officer or employee 
named have expired or terminated in an order accepting the report.
(4)
(a)
An order accepting the report may not be entered until 30 days after the delivery 
of the report to the public officer or body having jurisdiction, responsibility, or 
authority over each public officer or employee named in the report.
(b)
The managing judge may issue orders it finds necessary and appropriate to prevent 
unauthorized publication of a report. Unauthorized publication of a report may be 
punished as contempt of court.
(5)
(a)
A public officer or employee named in a report may file with the clerk a verified 
answer to the report not later than 20 days after service of the order and report upon 
him
the public officer or employee
. Upon a showing of good cause, the managing 
judge may grant the public officer or employee an extension of time to file an answer 
and may authorize limited publication of the report as necessary to prepare an answer.
(b)
The answer shall plainly and concisely state the facts and law constituting the 
defense of the public officer or employee to the charges in the report. Except for 
those parts the managing judge determines have been inserted scandalously, 
prejudiciously, or unnecessarily, the answer becomes an appendix to the report.
(6)
Upon the submission of a report made under this section the managing judge shall order 
the report sealed if 
he
the managing judge
 finds the filing of the report as a public 
record may prejudice fair consideration of a pending criminal matter. The report may 
not be subject to subpoena or public inspection during the pendency of the criminal 
matter except upon order of the managing judge.
(7)
(a)
When the managing judge to whom a report is submitted is not satisfied that the 
report complies with the provisions of this section, 
he
the managing judge
 may 
direct that additional testimony be taken before the same grand jury or 
he
the 
managing judge
 shall make an order sealing the report.
(b)
If the report is sealed, it may not be filed as a public record or be subject to subpoena 
or otherwise made public until the provisions of this section are met.
(8)
A grand jury's term may be extended by the managing judge so additional testimony 
may be taken or the provisions of this section met.
Section 364, Section 
77-10a-18
 is amended to read:
77-10a-18
. Grand jury term of service -- Excusing a juror.
(1)
A grand jury shall serve until discharged by the managing judge. However, a grand 
jury may not serve more than 18 months unless the managing judge extends the service 
of the grand jury, upon determining an extension is in the public interest. The extension 
may be no longer than a period of six months.
(2)
The managing judge may at any time excuse a juror either temporarily or permanently 
for cause shown. If a juror is excused permanently, the managing judge may impanel 
another juror in 
his
that juror's
 place.
Section 365, Section 
77-13-5
 is amended to read:
77-13-5
. Failure to plead -- Not guilty entered.
When a defendant does not enter a plea, the court shall enter a plea of not guilty for 
him
the defendant
.
Section 366, Section 
77-14-1
 is amended to read:
77-14-1
. Time and place of alleged offense -- Specification.
The prosecuting attorney, on timely written demand of the defendant, shall within 10 
days, or such other time as the court may allow, specify in writing as particularly as is known 
to 
him
the prosecuting attorney
 the place, date and time of the commission of the offense 
charged.
Section 367, Section 
77-14-2
 is amended to read:
77-14-2
. Alibi -- Notice requirements -- Witness lists.
(1)
A defendant, whether or not written demand has been made, who intends to offer 
evidence of an alibi shall, not less than 10 days before trial or at such other time as the 
court may allow, file and serve on the prosecuting attorney a notice, in writing, of 
his
the defendant's
 intention to claim alibi. The notice shall contain specific information as 
to the place where the defendant claims to have been at the time of the alleged offense 
and, as particularly as is known to the defendant or 
his
the defendant's
 attorney, the 
names and addresses of the witnesses by whom 
he
the defendant
 proposes to establish 
alibi. The prosecuting attorney, not more than five days after receipt of the list provided 
herein or at such other time as the court may direct, shall file and serve the defendant 
with the addresses, as particularly as are known to 
him
the prosecuting attorney
, of the 
witnesses the state proposes to offer to contradict or impeach the defendant's alibi 
evidence.
(2)
The defendant and prosecuting attorney shall be under a continuing duty to disclose the 
names and addresses of additional witnesses which come to the attention of either party 
after filing their alibi witness lists.
(3)
If a defendant or prosecuting attorney fails to comply with the requirements of this 
section, the court may exclude evidence offered to establish or rebut alibi. However, the 
defendant may always testify on 
his
the defendant's
 own behalf concerning alibi.
(4)
The court may, for good cause shown, waive the requirements of this section.
Section 368, Section 
77-16a-303
 is amended to read:
77-16a-303
. Court determinations.
After entry of judgment of not guilty by reason of insanity, the court shall:
(1)
determine on the record the offense of which the person otherwise would have been 
convicted and the maximum sentence 
he
the person
 could have received; and
(2)
make specific findings regarding whether there is a victim of the crime for which the 
defendant has been found not guilty by reason of insanity and, if so, whether the victim 
wishes to be notified of any conditional release, discharge, or escape of the defendant.
Section 369, Section 
77-17-1
 is amended to read:
77-17-1
. Doubt as to degree -- Conviction only on lowest.
When it appears the defendant has committed a public offense and there is reasonable 
doubt as to which of two or more degrees 
he
the defendant
 is guilty, 
he
the defendant
 shall 
be convicted only of the lower degree.
Section 370, Section 
77-17-2
 is amended to read:
77-17-2
. Discharging one of several defendants -- To testify for state.
When two or more persons are included in the same charge, the court may at any time, 
on the application of the prosecuting attorney, direct any defendant to be discharged or 
his
the 
defendant's
 case severed so that 
he
the defendant
 may be a witness for the prosecution.
Section 371, Section 
77-17-3
 is amended to read:
77-17-3
. Discharge for insufficient evidence.
When it appears to the court that there is not sufficient evidence to put a defendant to 
his
the defendant's
 defense, it shall forthwith order 
him
the defendant
 discharged.
Section 372, Section 
77-17-9
 is amended to read:
77-17-9
. Separation or sequestration of jurors -- Oath of officer having custody.
(1)
The court, at any time before the submission of the case to the jury, may permit the jury 
to separate or order that it be sequestered in charge of a proper officer.
(2)
If the jury is sequestered
,
 the officer
:
(a)
 shall be sworn to keep the jurors together until the next meeting of the court, to 
prevent any person from speaking or communicating with them
, and 
;
(b)
not to do so himself
may not communicate with the jurors
 on any subject connected 
with the trial
,
;
 and
(c)
to
shall
 return the jury to the court pursuant to its order.
Section 373, Section 
77-17-11
 is amended to read:
77-17-11
. Jury to retire for deliberation -- Oath of officer having custody.
(1)
After hearing the court's instructions and arguments of counsel, the jury shall retire 
for deliberation. 
(2)
An officer shall
:
(a)
be sworn to keep 
them
the jury
 together in some private and convenient place
 and
;
(b)
not permit any person to speak to or communicate with 
them or to do so himself
the jury;
(c)
not communicate with the jury
 except
:
(i)
upon the order of the court
,
;
 or
(ii)
to ask 
them
the jury
 whether 
they have
the jury has
 agreed on a verdict
. He 
shall
; and
(d)
return 
them
the jury
 to court when 
they have
the jury has
 agreed and the court 
has so ordered, or when otherwise ordered by the court.
Section 374, Section 
77-17-12
 is amended to read:
77-17-12
. Defendant on bail appearing for trial may be committed.
When a defendant who has given bail appears for trial, the court may, at any time after 
his
the defendant's
 appearance for trial, order 
him
the defendant
 to be committed to the 
custody of the proper officer to await the judgment or further order of the court.
Section 375, Section 
77-19-5
 is amended to read:
77-19-5
. Special release from city or county jail -- Revocation.
The judge may, for good cause, revoke any release time previously awarded, and shall 
notify the prisoner that, if 
he
the prisoner
 makes written request, a hearing shall be afforded to 
him
the prisoner
 to challenge the revocation.
Section 376, Section 
77-19-11
 is amended to read:
77-19-11
. Who may be present -- Photographic and recording equipment.
(1)
As used in this section:
(a)
"Close relative of the deceased victim" means:
(i)
the spouse of the victim;
(ii)
a parent or stepparent of the victim;
(iii)
a brother, sister, stepbrother, stepsister, child, or stepchild of the victim; and
(iv)
any person who had a close relationship with the deceased victim, or with a close 
relative of the victim, upon the recommendation of the victim assistance 
coordinator for the Department of Corrections or for the Office of the Attorney 
General.
(b)
"Director" means the executive director of the Department of Corrections, or the 
director's designee.
(2)
At the discretion of the director, the following persons may attend the execution:
(a)
the prosecuting attorney, or a designated deputy, of the county in which the 
defendant committed the offense for which 
he
the defendant
 is being executed;
(b)
no more than two law enforcement officials from the county in which the defendant 
committed the offense for which 
he
the defendant
 is being executed;
(c)
the attorney general or a designee;
(d)
religious representatives, friends, or relatives designated by the defendant, not 
exceeding a total of five persons; and
(e)
unless approved by the director, no more than five close relatives of the deceased 
victim, as selected by the director, but giving priority in the order listed in Subsection 
(1)(a)
.
(3)
The persons listed in Subsection 
(2)
 may not be required to attend, nor may any of them 
attend as a matter of right.
(4)
The director shall permit the attendance at the execution of members of the press and 
broadcast news media:
(a)
as named by the director in accordance with rules of the department; and
(b)
with the agreement of the selected news media members that they serve as a pool for 
other members of the news media.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, photographic or recording equipment is 
not permitted at the execution site until the execution is completed, the body is 
removed, and the site has been restored to an orderly condition. However, the 
physical arrangements for the execution may not be disturbed.
(b)
Audio recording equipment may be used by the department for the purpose of 
recording the defendant's last words.
(c)
The department shall permanently destroy the recording made under Subsection 
(5)(b)
 not later than 24 hours after the completion of the execution.
(d)
A violation of this subsection is a class B misdemeanor.
(6)
All persons in attendance are subject to reasonable search as a condition of attendance.
(7)
(a)
The following persons may also attend the execution:
(i)
staff as determined by the director; and
(ii)
no more than three correctional officials from other states that are preparing for 
executions, but no more than two correctional officials may be from any one state, 
as designated by the director.
(b)
A person younger than 18 years 
of age
old
 may not attend.
(8)
The department shall adopt rules governing the attendance of persons, including the 
number of media representatives, at the execution. These rules shall be in accordance 
with this section.
Section 377, Section 
77-19-12
 is amended to read:
77-19-12
. Return upon death warrant.
After the execution, the executive director of the Department of Corrections or 
his
the 
executive director's
 designee shall make a return upon the death warrant, showing the time, 
place, and manner in which it was executed.
Section 378, Section 
77-22-4.5
 is amended to read:
77-22-4.5
. Prosecutorial authority to compromise an offense regarding a witness.
(1)
As used in this section, "prosecutor" includes the state attorney general and any 
assistant, a district attorney and any deputy, a county attorney and any deputy, and a 
municipal prosecutor and any deputy.
(2)
This chapter does not prohibit or limit the authority of a prosecutor to divert, reduce, or 
compromise any criminal charge against a witness or other party when the witness 
voluntarily enters into an agreement to provide testimony or other evidence against 
himself
 or herself
 or another accused in consideration for the diversion, reduction, or 
compromise if:
(a)
the prosecutor holds authority to prosecute the offense against the witness or other 
party; and
(b)
the complete agreement with the witness is in writing and a copy of the agreement is 
given to the witness.
(3)
Any agreement under Subsection 
(2)
 is subject to discovery by counsel for the accused 
in any prosecution in which the witness with whom the agreement is made has agreed to 
testify.
Section 379, Section 
77-22a-2
 is amended to read:
77-22a-2
. Service of administrative subpoena.
(1)
A subpoena issued under this section may be served by any person designated in the 
subpoena for that purpose. Service upon a natural person may be made by personal 
delivery of the subpoena to 
him
the natural person
. Service may be made upon a 
domestic or foreign corporation or upon a partnership or other unincorporated 
association subject to suit under a common name by delivering the subpoena to an 
officer, managing or general agent, or other agent authorized by appointment or law to 
receive service of process.
(2)
The affidavit of the person serving the subpoena, when entered on a copy of the 
subpoena by the person serving it, is proof of service.
Section 380, Section 
77-22a-3
 is amended to read:
77-22a-3
. Compliance with administrative subpoena.
(1)
In the case of contumacy by or refusal to obey a subpoena issued to any person, the 
attorney general or a deputy or assistant attorney general or the county attorney or 
district attorney or 
his
the district attorney's
 deputy may compel compliance with the 
subpoena through the district court:
(a)
in the jurisdiction where the investigation is carried on;
(b)
where the subpoenaed person is an inhabitant;
(c)
where 
he
the subpoenaed person
 carries on business; or
(d)
where 
he
the subpoenaed person
 may be found.
(2)
The court may issue an order requiring the person subpoenaed to produce records or to 
appear before the attorney general or deputy or assistant attorney general, or the county 
attorney or district attorney or 
his
the district attorney's
 deputy who issued the 
subpoena testimony touching the matter under investigation.
(3)
Any failure to obey the court order may be punished by the court as contempt. All 
process in the case may be served in any judicial district in which the person may be 
found within the state.
(4)
A witness may not be held liable in any civil or criminal proceeding for producing 
records or disclosing information to the person issuing the administrative subpoena as 
commanded by the subpoena.
Section 381, Section 
77-23a-3
 is amended to read:
77-23a-3
. Definitions.
As used in this chapter:
(1)
"Aggrieved person" means a person who was a party to any intercepted wire, electronic, 
or oral communication, or a person against whom the interception was directed.
(2)
"Aural transfer" means any transfer containing the human voice at any point between 
and including the point of origin and the point of reception.
(3)
"Communications common carrier" means any person engaged as a common carrier for 
hire in intrastate, interstate, or foreign communication by wire or radio, including a 
provider of electronic communication service. However, a person engaged in radio 
broadcasting is not, when that person is so engaged, a communications common carrier.
(4)
"Contents" when used with respect to any wire, electronic, or oral communication 
includes any information concerning the substance, purport, or meaning of that 
communication.
(5)
"Electronic communication" means any transfer of signs, signals, writings, images, 
sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, 
radio, electromagnetic, photoelectronic, or photo-optical system, but does not include:
(a)
the radio portion of a cordless telephone communication that is transmitted between 
the cordless telephone handset and the base unit;
(b)
any wire or oral communications;
(c)
any communication made through a tone-only paging device; or
(d)
any communication from an electronic or mechanical device that permits the 
tracking of the movement of a person or object.
(6)
"Electronic communications service" means any service that provides for users the 
ability to send or receive wire or electronic communications.
(7)
"Electronic communications system" means any wire, radio, electromagnetic, 
photoelectronic, or photo-optical facilities for the transmission of electronic 
communications, and any computer facilities or related electronic equipment for the 
electronic storage of the communication.
(8)
"Electronic, mechanical, or other device" means any device or apparatus that may be 
used to intercept a wire, electronic, or oral communication other than:
(a)
any telephone or telegraph instrument, equipment or facility, or a component of any 
of them:
(i)
furnished by the provider of wire or electronic communications service or by the 
subscriber or user, and being used by the subscriber or user in the ordinary course 
of its business; or
(ii)
being used by a provider of wire or electronic communications service in the 
ordinary course of its business, or by an investigative or law enforcement officer 
in the ordinary course of 
his
the officer's
 duties; or
(b)
a hearing aid or similar device being used to correct subnormal hearing to not better 
than normal.
(9)
"Electronic storage" means:
(a)
any temporary intermediate storage of a wire or electronic communication incident to 
the electronic transmission of it; and
(b)
any storage of the communication by an electronic communications service for the 
purposes of backup protection of the communication.
(10)
"Intercept" means the acquisition of the contents of any wire, electronic, or oral 
communication through the use of any electronic, mechanical, or other device.
(11)
"Investigative or law enforcement officer" means any officer of the state or of a 
political subdivision, who by law may conduct investigations of or make arrests for 
offenses enumerated in this chapter, or any federal officer as defined in Section 
53-13-106
, and any attorney authorized by law to prosecute or participate in the 
prosecution of these offenses.
(12)
"Judge of competent jurisdiction" means a judge of a district court of the state.
(13)
"Oral communication" means any oral communication uttered by a person exhibiting 
an expectation that the communication is not subject to interception, under 
circumstances justifying that expectation, but does not include any electronic 
communication.
(14)
"Pen register" means a device that records or decodes electronic or other impulses that 
identify the numbers dialed or otherwise transmitted on the telephone line to which the 
device is attached. "Pen register" does not include any device used by a provider or 
customer of a wire or electronic communication service for billing or recording as an 
incident to billing, for communications services provided by the provider, or any device 
used by a provider or customer of a wire communications service for cost accounting or 
other like purposes in the ordinary course of its business.
(15)
"Person" means any employee or agent of the state or a political subdivision, and any 
individual, partnership, association, joint stock company, trust, or corporation.
(16)
"Readily accessible to the general public" means, regarding a radio communication, 
that the communication is not:
(a)
scrambled or encrypted;
(b)
transmitted using modulation techniques with essential parameters that have been 
withheld from the public with the intention of preserving the privacy of the 
communication;
(c)
carried on a subcarrier or signal subsidiary to a radio transmission;
(d)
transmitted over a communications system provided by a common carrier, unless the 
communication is a tone-only paging system communication; or
(e)
transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or 
Part 94, Rules of the Federal Communications Commission unless, in the case of a 
communication transmitted on a frequency allocated under Part 74 that is not 
exclusively allocated to broadcast auxiliary services, the communication is a two-way 
voice communication by radio.
(17)
"Trap and trace device" means a device, process, or procedure that captures the 
incoming electronic or other impulses that identify the originating number of an 
instrument or device from which a wire or electronic communication is transmitted.
(18)
"User" means any person or entity who:
(a)
uses an electronic communications service; and
(b)
is authorized by the provider of the service to engage in the use.
(19)
(a)
"Wire communication" means any aural transfer made in whole or in part 
through the use of facilities for the transmission of communications by the aid of 
wire, cable, or other like connection between the point of origin and the point of 
reception, including the use of the connection in a switching station, furnished or 
operated by any person engaged as a common carrier in providing or operating these 
facilities for the transmission of intrastate, interstate, or foreign communications.
(b)
"Wire communication" includes the electronic storage of the communication, but 
does not include the radio portion of a cordless telephone communication that is 
transmitted between the cordless telephone handset and the base unit.
Section 382, Section 
77-23a-9
 is amended to read:
77-23a-9
. Disclosure or use of intercepted information.
(1)
Any investigative or law enforcement officer who, by any means authorized by this 
chapter, has obtained knowledge of the contents of any wire, electronic, or oral 
communication, or evidence derived from any of these, may disclose those contents to 
another investigative or law enforcement officer to the extent that the disclosure is 
appropriate to the proper performance of the official duties of the officer making or 
receiving the disclosure.
(2)
Any investigative or law enforcement officer who, by any means authorized by this 
chapter, has obtained knowledge of the contents of any wire, electronic, or oral 
communication or evidence derived from any of them may use those contents to the 
extent the use is appropriate to the proper performance of 
his
the officer's
 official duties.
(3)
Any person who has received, by any means authorized by this chapter, any information 
concerning a wire, electronic, or oral communication or evidence derived from any of 
them intercepted in accordance with this chapter may disclose the contents of that 
communication or the derivative evidence while giving testimony under oath or 
affirmation in any proceeding held under the authority of the United States or of any 
state or political subdivision.
(4)
An otherwise privileged wire, electronic, or oral communication intercepted in 
accordance with, or in violation of, the provisions of this chapter does not lose its 
privileged character.
(5)
When an investigative or law enforcement officer, while engaged in intercepting wire, 
electronic, or oral communications in the manner authorized, intercepts wire, electronic, 
or oral communications relating to offenses other than those specified in the order of 
authorization or approval, the contents, and evidence derived from the contents, may be 
disclosed or used as provided in Subsections 
(1)
 and 
(2)
. The contents and any evidence 
derived from them may be used under Subsection 
(3)
 when authorized or approved by a 
judge of competent jurisdiction, if the judge finds on subsequent application that the 
contents were otherwise intercepted in accordance with this chapter. The application 
shall be made as soon as practicable.
Section 383, Section 
77-23a-16
 is amended to read:
77-23a-16
. Communications provider -- Cooperation and support services -- 
Compensation -- Liability defense.
(1)
Upon the request of an attorney for the government or an officer of a law enforcement 
agency authorized to install and use pen registers under this chapter, a provider of wire 
or electronic communications service, landlord, custodian, or other person shall furnish 
investigative or law enforcement officers forthwith all information, facilities, and 
technical assistance necessary to accomplish the installation of the pen register 
unobtrusively and with a minimum of interference with the services the person ordered 
by the court accords the party regarding whom the installation and use is to take place, if 
such assistance is directed by a court order as provided in Subsection 
77-23a-15(2)(b)
 of 
this chapter.
(2)
(a)
Upon request of an attorney for the government or an officer of a law enforcement 
agency authorized to receive the results of a trap and trace device under this chapter, 
a provider of wire or electronic communications service, landlord, custodian, or other 
person shall
:
(i)
install the device forthwith on the appropriate line
.
; and
(ii)
(b)
He shall also 
furnish the investigative or law enforcement officer all additional 
information, facilities, and technical assistance, including installation and operation 
of the device unobtrusively and with a minimum of interference with the services that 
the person so ordered by the court accords the party with respect to whom the 
installation and use is to take place, if the installation and assistance is directed by a 
court order under 
Section
Subsection
77-23a-15(2)(b)
.
(c)
(b)
Unless otherwise ordered by the court, the results of the trap and trace device 
shall be furnished to the officer of the law enforcement agency designated by the 
court, at reasonable intervals and during regular business hours, for the duration of 
the order.
(3)
A provider of wire or electronic communications service, landlord, custodian, or other 
person who furnishes facilities or technical assistance under this section shall be 
reasonably compensated for reasonable expenses incurred in providing the facilities and 
assistance.
(4)
A cause of action does not lie in any court against the provider of wire or electronic 
communications service, its officers, employees, agents, or other specified persons, for 
providing information, facilities, or assistance in accordance with the terms of a court 
order under this chapter.
(5)
A good faith reliance on a court order, a legislative authorization, or a statutory 
authorization, is a complete defense against any civil or criminal action brought under 
this chapter or any other law.
Section 384, Section 
77-23b-2
 is amended to read:
77-23b-2
. Interference with access to stored communication -- Offenses -- 
Penalties.
(1)
Except under Subsection 
(3)
, a person who obtains, alters, or prevents authorized access 
to a wire or electronic communication while it is in electronic storage in the system shall 
be punished under Subsection 
(2)
 if 
he
the person
:
(a)
intentionally accesses without authorization a facility through which an electronic 
communications service is provided; or
(b)
intentionally exceeds an authorization to access that facility.
(2)
A person who commits a violation of Subsection 
(1)
 is:
(a)
if the offense is committed for purposes of commercial advantage, malicious 
destruction, or damage, or private commercial gain, guilty of a:
(i)
third degree felony for the first offense under this subsection; and
(ii)
second degree felony for any subsequent offense; and
(b)
class B misdemeanor in any other case.
(3)
Subsection 
(1)
 does not apply to conduct authorized:
(a)
by the person or entity providing a wire or electronic communications service;
(b)
by a user of that service with respect to a communication of or intended for that user; 
or
(c)
under Sections 
77-23a-10
, 
77-23b-4
, and 
77-23b-5
.
Section 385, Section 
77-23b-5
 is amended to read:
77-23b-5
. Backup copy of communications -- When required of provider -- 
Court order -- Procedures.
(1)
(a)
A governmental entity acting under Subsection 
77-23b-4(2)(b)
 may include in its 
subpoena or court order a requirement that the service provider to whom the request 
is directed create a backup copy of the contents of the electronic communications 
sought in order to preserve those communications. Without notifying the subscriber 
or customer of the subpoena or court order, the service provider shall create the 
backup as soon as practicable, consistent with its regular business practices. The 
provider shall also confirm to the governmental entity that the backup copy has been 
made. The backup copy shall be created within two business days after receipt by the 
service provider of the subpoena or court order.
(b)
Notice to the subscriber or customer shall be made by the governmental entity within 
three days after receipt of confirmation, unless the notice is delayed under Subsection 
77-23b-6(1)
.
(c)
The service provider may not destroy the backup copy until the later of:
(i)
the delivery of the information; or
(ii)
the resolution of any proceedings, including appeals of any proceeding, 
concerning the government's subpoena or court order.
(d)
The service provider shall release the backup copy to the requesting governmental 
entity no sooner than 14 days after the governmental entity's notice to the subscriber 
or customer, if the service provider:
(i)
has not received notice from the subscriber or customer that the subscriber or 
customer has challenged the governmental entity's request; and
(ii)
has not initiated proceedings to challenge the request of the governmental entity.
(e)
A governmental entity may seek to require the creation of a backup copy under 
Subsection 
(1)(a)
 if in its sole discretion the entity determines that there is reason to 
believe that notification under Section 
77-23b-4
 of the existence of the subpoena or 
court order may result in destruction of or tampering with evidence. This 
determination is not subject to challenge by the subscriber, customer, or service 
provider.
(2)
(a)
Within 14 days after notice by the governmental entity to the subscriber or 
customer under Subsection 
(1)(b)
, the subscriber or customer may file a motion to 
quash the subpoena or vacate the court order, with copies served upon the 
governmental entity, and with written notice of the challenge to the service provider. 
A motion to vacate a court order shall be filed in the court that issues the order. A 
motion to quash a subpoena shall be filed in the appropriate district court. The 
motion or application shall contain an affidavit or sworn statement:
(i)
that the applicant is a customer or subscriber to the service from which the 
contents of electronic communications maintained for 
him
the applicant
 have 
been sought; and
(ii)
that the applicant's reason for believing the records sought are not relevant to a 
legitimate law enforcement inquiry or that there has not been substantial 
compliance with the provisions of this chapter in some other respect.
(b)
Service shall be made under this section upon a governmental entity by delivering or 
mailing by registered or certified mail a copy of the papers to the person, office, or 
department specified in the notice the customer received under this chapter. For 
purposes of this subsection, "deliver" has the same meaning as under the Utah Rules 
of Criminal Procedure.
(c)
If the court finds that the customer has complied with Subsections 
(2)(a)
 and 
(b)
, the 
court shall order the governmental entity to file a sworn response, that may be filed in 
camera if the governmental entity includes in its response the reasons making in 
camera review appropriate. If the court is unable to determine the motion or 
application on the basis of the parties' initial allegations and response, the court may 
conduct additional proceedings as it considers appropriate. All proceedings shall be 
completed, and the motion or application decided, as soon as practicable after the 
filing of the governmental entity's response.
(d)
If the court finds that the applicant is not the subscriber or customer for whom the 
communications sought by the governmental entity are maintained, or that there is a 
reason to believe that the law enforcement inquiry is legitimate and that the 
communications sought are relevant to that inquiry, it shall deny the motion or 
application and order the process enforced. If the court finds that the applicant is the 
subscriber or customer for whom the communications sought by the governmental 
entity are maintained, and that there is no reason to believe that the communications 
sought are relevant to a legitimate law enforcement inquiry, or that there has not been 
substantial compliance with this chapter, it shall order the process quashed.
(e)
A court order denying a motion or application under this section is not considered a 
final order, and no interlocutory appeal may be taken from it by the customer or 
subscriber.
Section 386, Section 
77-27-5.5
 is amended to read:
77-27-5.5
. Review procedure -- Commutation.
(1)
The Board of Pardons and Parole may consider the commutation of a death sentence 
only to life without parole.
(2)
Only the person who has been sentenced to death or 
his
the sentenced person's
 counsel 
may petition the Board of Pardons and Parole for commutation.
(3)
The petition shall be in writing, signed personally by the person sentenced to death, and 
shall include a statement of the grounds upon which the petitioner seeks review.
(4)
The state shall be permitted to respond in writing to the petition as may be established 
by board rules.
(5)
The board shall review the petition and determine whether the petition presents a 
substantial issue which has not been reviewed in the judicial process.
(6)
The board shall not consider legal issues, including constitutional issues, which:
(a)
have been reviewed previously by the courts;
(b)
should have been raised during the judicial process; or
(c)
if based on new information, are subject to judicial review.
(7)
(a)
If the board does not find a substantial issue, the board shall deny the hearing to 
the petitioner.
(b)
If the board finds a substantial issue, the board shall conduct a hearing in which the 
petitioner and the state may present evidence and argument as may be provided by 
board rules.
Section 387, Section 
77-27-12
 is amended to read:
77-27-12
. Parole discharge--Sentence termination.
Any person released on parole shall be discharged from parole or have 
his
the person's
sentence terminated subject to the conditions and limitations contained in Section 
76-3-202
.
Section 388, Section 
77-27-26
 is amended to read:
77-27-26
. Deputization of agents to effect return of parole and probation 
violators.
(1)
(a)
The official administrator of the interstate compact for the supervision of parolees 
and probationers is authorized and empowered to deputize any person to act as an 
officer and agent of this state in carrying out the return of any person who has 
violated the terms and conditions of parole or probation as granted by this state.
(b)
In any matter relating to the return of a violator described in Subsection 
(1)(a)
, any 
deputized agent shall have all the powers of a peace officer of this state.
(2)
Any deputization of any person pursuant to this section shall be in writing and the 
deputized agent shall:
(a)
carry formal evidence of 
his 
deputization; and
(b)
produce the evidence of deputization upon demand.
(3)
The official administrator of the interstate compact is authorized, subject to the approval 
of the governor, to enter into contracts with similar officials of any other state or states 
for the purpose of sharing an equitable portion of the cost of effecting the return of any 
person who has violated the terms and conditions of parole or probation as granted by 
this state.
Section 389, Section 
77-28b-3
 is amended to read:
77-28b-3
. Eligibility criteria for international transfer.
An offender must meet the following criteria before 
he may be
being
 considered for an 
international transfer:
(1)
the offender is a citizen of the receiving country;
(2)
the offender consents to transfer to 
his
the offender's
 country of citizenship;
(3)
the offense committed by the offender constitutes a criminal offense under the laws of 
the receiving state;
(4)
the offender does not have fewer than 12 months remaining on 
his
the offender's
sentence at the time of the application for transfer;
(5)
the offender is not under a sentence of death;
(6)
the offender does not have collateral attacks or appeals on either the sentence or 
conviction pending;
(7)
all other provisions of the imposed sentence such as fines, restitution, and penalties are 
paid in full;
(8)
there are no detainers, wanted notices based on criminal convictions, indictments, 
informations, complaints, or parole or probation violation allegations pending against 
the offender; and
(9)
the offender meets all of the eligibility requirements of the treaty with 
his
the offender's
country.
Section 390, Section 
77-28b-4
 is amended to read:
77-28b-4
. Role of the classification officer.
(1)
The classification officer of each correctional institution shall be provided with the 
eligibility requirements of each prisoner transfer treaty.
(2)
The classification officer shall forward Form I, Transfer Inquiry, to all offenders 
identified as having national or citizenship status in a party nation.
(3)
Upon receipt of Form I, Transfer Inquiry, the offender may indicate 
he
that the offender
is:
(a)
interested in pursuing a transfer by signing Form I and returning it to the 
classification officer along with proof of citizenship; or
(b)
not interested in pursuing a transfer by returning Form I to the classification officer 
without proof of citizenship.
(4)
If the offender indicates on Form I, Transfer Inquiry, that 
he
the offender
 is interested 
in pursuing a transfer, the institution classification officer shall complete Form II, 
Inmate Information Provided to Treaty Nation, and Form III, Notice Regarding 
International Prisoner Transfer.
(5)
The following forms, provided by the federal government, shall be completed and 
forwarded in triplicate by the classification officer to the superintendent of the 
institution:
(a)
Form I, Transfer Inquiry;
(b)
Form II, Inmate Information Provided to Treaty Nation;
(c)
Form III, Notice Regarding International Prisoner Transfer;
(d)
proof of citizenship;
(e)
statement of offender's eligibility;
(f)
presentence report;
(g)
classification assessment;
(h)
current psychological and medical reports;
(i)
signed release of confidential information forms;
(j)
criminal history sheet; and
(k)
judgments of conviction or certification to be tried as an adult.
Section 391, Section 
77-28b-7
 is amended to read:
77-28b-7
. Role of director.
(1)
The director of the Department of Corrections shall review the application and 
materials. Upon 
his
the director's
 approval the application and materials shall be 
forwarded to the governor for authorization to transfer.
(2)
Applications that are not approved by the director shall be returned to the sending 
institution and the inmate shall be notified.
Section 392, Section 
77-30-3
 is amended to read:
77-30-3
. Form of demand -- What documents presented must show.
No demand for the extradition of a person charged with a crime in another state shall be 
recognized by the governor unless in writing alleging, except in cases arising under Section 
77-30-6
, that the accused was present in the demanding state at the time of the commission of 
the alleged crime, and that thereafter 
he
the accused
 fled from the state, and accompanied by a 
copy of an indictment found or by information supported by affidavit in the state having 
jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together 
with a copy of any warrant which was issued thereupon or by a copy of a judgment of 
conviction or of a sentence composed in execution, together with a statement by the executive 
authority of the demanding state that the person claimed has escaped from confinement or has 
broken the terms of 
his
the person's
 bail, probation or parole. The indictment, information or 
affidavit made before the magistrate must substantially charge the person demanded with 
having committed a crime under the law of that state and the copy of the indictment, 
information, affidavit, judgment of conviction or sentence must be authenticated by the 
executive authority making the demand.
Section 393, Section 
77-30-4
 is amended to read:
77-30-4
. Governor may investigate demand.
When a demand shall be made upon the governor of this state by the executive authority 
of another state for the surrender of a person so charged with a crime, the governor may call 
upon the attorney general or any prosecuting officer in this state to investigate or assist in 
investigating the demand, and to report to 
him
the governor
 the situation and circumstances of 
the person so demanded, and whether 
he
the person
 ought to be surrendered.
Section 394, Section 
77-30-5
 is amended to read:
77-30-5
. Extradition for prosecution before conclusion of trial or term in other 
state -- Return of person involuntarily leaving demanding state.
(1)
When it is desired to have returned to this state a person charged in this state with a 
crime, and such person is imprisoned or is held under criminal proceedings then pending 
against 
him
the person
 in another state, the governor of this state may agree with the 
executive authority of such other state for the extradition of such person before the 
conclusion of such proceedings or 
his
the person's
 term of sentence in such other state, 
upon condition that such person be returned to such other state at the expense of this 
state as soon as the prosecution in this state is terminated
.
(2)
The governor of this state may also surrender on demand of the executive authority of 
any other state any person in this state who is charged in the manner provided in Section 
77-30-23
 with having violated the laws of the state whose executive authority is making 
the demand, even though such person left the demanding state involuntarily.
Section 395, Section 
77-30-7
 is amended to read:
77-30-7
. Governor's warrant of arrest -- Recitals.
If the governor decides that the demand should be complied with
 he
, the governor
 shall 
sign a warrant of arrest, which shall be sealed with the state seal, directed to any peace officer 
or other person whom 
he
the governor
 may think fit to entrust with the execution thereof. The 
warrant must substantially recite the facts necessary to the validity of its issuance.
Section 396, Section 
77-30-10
 is amended to read:
77-30-10
. Time to apply for habeas corpus allowed.
No person arrested upon such warrant shall be delivered over to the agent whom the 
executive authority demanding 
him
the arrested person
 shall have appointed to receive 
him
the arrested person
 unless 
he
the arrested person
 shall first be taken forthwith before a judge 
of a court of record in this state who shall inform 
him
the arrested person
 of the demand made 
for 
his
the arrested person's
 surrender and of the crime with which 
he
the arrested person
 is 
charged and that 
he
the arrested person
 has the right to demand and procure legal counsel and 
if the prisoner or 
his
the prisoner's
 counsel shall state that 
he or they desire
 the prisoner or 
the prisoner's counsel desires
 to test the legality of 
his
the prisoner's
 arrest, the judge of such 
court of record shall fix a reasonable time to be allowed 
him
the prisoner
 within which to 
apply for a writ of habeas corpus. When such writ is applied for, notice thereof and the time 
and place of hearing thereon shall be given to the prosecuting officer of the county in which 
the arrest is made and in which the accused is in custody, and to the said agent of the 
demanding state.
Section 397, Section 
77-30-11
 is amended to read:
77-30-11
. Penalty for disobedience of habeas corpus.
Any officer who shall deliver to the agent for extradition of the demanding state a 
person in 
his
the officer's
 custody under the governor's warrant, in willful disobedience to 
Section 
77-30-10
, shall be guilty of a misdemeanor and on conviction shall be fined not more 
than $1,000 or be imprisoned in the county jail not more than six months, or both.
Section 398, Section 
77-30-12
 is amended to read:
77-30-12
. Officers entitled to use local jails.
(1)
The officer or persons executing the governor's warrant of arrest or the agent of the 
demanding state to whom the prisoner may have been delivered may, when necessary, 
confine the prisoner in the jail of any county or city through which 
he
the officer or 
person having charge of the prisoner
 may pass and the keeper of such jail must receive 
and safely keep the prisoner until the officer or person having charge of 
him
the 
prisoner
 is ready to proceed
 on his route
, such officer or person being chargeable with 
the expense of keeping.
(2)
The officer or agent of a demanding state to whom a prisoner may have been delivered 
following extradition proceedings in another state, or to whom a prisoner may have been 
delivered after waiving extradition in such other state, and who is passing through this 
state with such a prisoner for the purpose of immediately returning such prisoner to the 
demanding state may, when necessary, confine the prisoner in the jail of any county or 
city through which 
he
the officer or person having charge of the prisoner
 may pass, and 
the keeper of such jail must receive and safely keep the prisoner until the officer or agent 
having charge of 
him
the prisoner
 is ready to proceed
 on his route
, such officer or 
agent being chargeable with the expense of keeping; provided, such officer or agent 
shall produce and show to the keeper of such jail satisfactory written evidence of the fact 
that 
he
the officer or agent
 is actually transporting such prisoner to the demanding state 
after a requisition by the executive authority of such demanding state. Such prisoner 
shall not be entitled to demand a new requisition while in this state.
Section 399, Section 
77-30-13
 is amended to read:
77-30-13
. Fugitives from justice -- Warrant of arrest.
Whenever any person within this state shall be charged on the oath of any credible 
person before any judge or magistrate of this state with the commission of any crime in any 
other state, and, except in cases arising under Section 
77-30-6
,
 that 
he
the person charged
 has 
fled from justice, or with having been convicted of a crime in that state and having escaped 
from confinement, or having broken the terms of 
his
the person's
 bail, probation or parole, or 
whenever complaint shall have been made before any judge or magistrate in this state setting 
forth on the affidavit of any credible person in another state that a crime has been committed in 
such other state and that the 
accused
person
 has been charged in such state with the 
commission of the crime, and except in cases arising under Section 
77-30-6
, has fled from 
justice, or with having been convicted of a crime in that state and having escaped from 
confinement, or having broken the terms of 
his
the person's
 bail, probation or parole, and is 
believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace 
officer commanding 
him
the officer
 to apprehend the person named therein, wherever 
he
the 
named person
 may be found in this state, and to bring 
him
the named person
 before the same 
or any judge, magistrate or court who or which may be available in or convenient of access to 
the place where the arrest may be made, to answer the charge or complaint and affidavit, and a 
certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued 
shall be attached to the warrant.
Section 400, Section 
77-30-14
 is amended to read:
77-30-14
. Arrest without warrant.
The arrest of a person may be lawfully made also by any peace officer or a private 
person without a warrant upon reasonable information that the accused stands charged in the 
courts of a state with a crime punishable by death or imprisonment for a term exceeding one 
year, but when so arrested the accused
 person
 must be taken before a judge or magistrate with 
all practicable speed and complaint must be made against 
him
the accused person
 under oath 
setting forth the ground for the arrest as in Section 
77-30-13
, and thereafter 
his
the accused 
person's
 answer shall be heard as if 
he
the accused person
 had been arrested on a warrant. 
Section 401, Section 
77-30-15
 is amended to read:
77-30-15
. Commitment pending arrest under warrant of governor.
If from the examination before the judge or magistrate it appears that the person held is 
the person charged with having committed the crime alleged, and, except in cases arising 
under Section 
77-30-6
,
 that 
he
the accused person
 has fled from justice, the judge or 
magistrate must, by a warrant reciting the accusation, commit 
him
the accused person
 to the 
county jail for such a time not exceeding 30 days and specified in the warrant as will enable 
the arrest of the accused
 person
 to be made under a warrant of the governor on a requisition of 
the executive authority of the state having jurisdiction of the offense, unless the accused
 person
gives bail as provided in the next section or until 
he
the accused person
 shall be legally 
discharged.
Section 402, Section 
77-30-16
 is amended to read:
77-30-16
. Amount of bail.
(1)
Except as provided in Subsection 
(2)
, a judge or magistrate in this state may admit the 
person arrested to bail by bond with sufficient sureties and in an amount 
he
the judge or 
magistrate
 considers proper, conditioned for 
his
the arrested person's
 appearance before 
him
the judge or magistrate
 at a time specified in the bond and for 
his
the arrested 
person's
 surrender, to be arrested upon the warrant of the governor of this state.
(2)
A person arrested under Section 
77-30-13
 shall be admitted to bail as a matter of right, 
except the court has discretion to deny bail as provided in Utah Constitution Article I, 
Section 8, and when a judge or magistrate in the demanding state has ordered that the 
person charged be held without bail or the person has waived extradition.
(3)
There is a rebuttable presumption that the bail set by the court or magistrate in the 
demanding state is the proper amount of bail in this state.
Section 403, Section 
77-30-17
 is amended to read:
77-30-17
. Procedure when no arrest made under warrant of governor.
If the accused
 person
 is not arrested under warrant of the governor by the expiration of 
the time specified in the warrant or bond, a judge or magistrate may discharge 
him
the 
accused person
 or may recommit 
him
the accused person
 for a further period not to exceed 60 
days, or a judge or magistrate may again take bail for 
his
the accused person's
 appearance and 
surrender, as provided in Section 
77-30-16
, but within a period not to exceed 60 days after the 
date of such new bond.
Section 404, Section 
77-30-20
 is amended to read:
77-30-20
. Governor not to inquire into guilt or innocence.
The guilt or innocence of the accused
 person
 as to the crime of which 
he
the accused 
person
 is charged in another state may not be inquired into by the governor or in any 
proceeding after the demand for extradition accompanied by a charge of crime in legal form as 
above provided shall have been presented to the governor, except as it may be involved in 
identifying the 
accused 
person held as the person charged with the crime.
Section 405, Section 
77-30-21
 is amended to read:
77-30-21
. Governor's warrant of arrest recalled or another issued.
The governor may recall 
his
the governor's
 warrant of arrest or may issue another 
warrant whenever 
he
the governor
 deems proper.
Section 406, Section 
77-30-22
 is amended to read:
77-30-22
. Fugitives from this state -- Issuance of governor's warrant.
Whenever the governor of this state shall demand a person charged with a crime or with 
escaping from confinement or breaking the terms of 
his 
bail, probation, or parole in this state 
from the executive authority of any other state or from the chief justice or an associate justice 
of the superior court of the District of Columbia authorized to receive such demand under the 
laws of the United States, 
he
the governor
 shall issue a warrant under the seal of this state to 
some agent, commanding 
him
the agent
 to receive the person so charged if delivered to 
him
the agent
 and convey 
him
the charged person
 to the proper officer of the county in this state 
in which the offense was committed.
Section 407, Section 
77-30-26
 is amended to read:
77-30-26
. Prosecution not limited to crime specified in requisition.
After a person has been brought back to this state by or after waiver of extradition 
proceedings
 he
, the person
 may be tried in this state for other crimes which 
he
the person
may be charged with having committed here as well as that specified in the requisition for 
his
the person's
 extradition.
Section 408, Section 
77-38-10
 is amended to read:
77-38-10
. Victim's discretion.
(1)
(a)
The victim may exercise any rights under this chapter at 
his
the victim's
discretion to be present and to be heard at a court proceeding, including a juvenile 
delinquency proceeding.
(b)
The absence of the victim at the court proceeding does not preclude the court from 
conducting the proceeding.
(2)
A victim shall not refuse to comply with an otherwise lawful subpoena under this 
chapter.
(3)
A victim shall not prevent the prosecution from complying with requests for 
information within a prosecutor's possession and control under this chapter.
Section 409. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 410. 
Coordinating S.B. 79 with other 2025 General Session legislation.
 The Legislature intends that, on May 7, 2025, any 2025 General Session legislation 
amending the Utah Code that conflicts with amendments made in S.B. 79, and that passes and 
becomes law, supersedes the conflicting amendments in S.B. 79. 
3-6-25 5:46 PM