Bill Summary – FastDemocracy

Enrolled Copy                                                              S.B. 90
                            TECHNICAL CODE AMENDMENTS
                                         2024 GENERAL SESSION
                                             STATE OF UTAH
                                       Chief Sponsor: Karen Kwan House Sponsor: Marsha Judkins
 2
  LONG TITLE
  General Description:
     This bill amends provisions to modify gender-specific language.
  Highlighted Provisions:
     This bill:
     ▸ amends provisions to modify gender-specific language;
     ▸ enacts changes to conform with legislative drafting standards; and
     ▸ makes other technical and conforming changes.
  Money Appropriated in this Bill:
     None
  Other Special Clauses:
     None
  Utah Code Sections Affected:
  AMENDS:
     6-1-2, enacted in Utah Code Annotated 1953
     6-1-4, enacted in Utah Code Annotated 1953
     6-1-10, enacted in Utah Code Annotated 1953
     6-1-11, enacted in Utah Code Annotated 1953
     6-1-13, enacted in Utah Code Annotated 1953
     6-1-14, enacted in Utah Code Annotated 1953
     6-1-16, enacted in Utah Code Annotated 1953
     6-1-17, enacted in Utah Code Annotated 1953
     6-1-18, enacted in Utah Code Annotated 1953
     10-8-42, enacted in Utah Code Annotated 1953
     10-8-78, enacted in Utah Code Annotated 1953
     10-8-85, enacted in Utah Code Annotated 1953
     S.B. 90                                                     Enrolled Copy
       11-1-1, enacted in Utah Code Annotated 1953
       11-6-1, enacted in Utah Code Annotated 1953
       11-7-4, as enacted by Laws of Utah 1957, Chapter 19
       15-2-2, enacted in Utah Code Annotated 1953
       15-2-3, enacted in Utah Code Annotated 1953
       15-2-4, enacted in Utah Code Annotated 1953
       15-3-1, enacted in Utah Code Annotated 1953
       15-4-5, enacted in Utah Code Annotated 1953
       15-4-6, enacted in Utah Code Annotated 1953
       16-7-6, enacted in Utah Code Annotated 1953
       17-3-9, enacted in Utah Code Annotated 1953
       17-16-12, enacted in Utah Code Annotated 1953
       17-22-10, enacted in Utah Code Annotated 1953
       17-22-11, enacted in Utah Code Annotated 1953
       17-22-13, enacted in Utah Code Annotated 1953
       17-22-14, enacted in Utah Code Annotated 1953
       17-22-15, enacted in Utah Code Annotated 1953
       17-22-16, enacted in Utah Code Annotated 1953
       17-22-17, enacted in Utah Code Annotated 1953
       17-22-18, enacted in Utah Code Annotated 1953
       17-22-19, enacted in Utah Code Annotated 1953
       17-22-20, enacted in Utah Code Annotated 1953
       17-22-24, enacted in Utah Code Annotated 1953
       17-22-25, enacted in Utah Code Annotated 1953
       17-30-10, as enacted by Initiative Measure, 1960
       17-30-16, as enacted by Initiative Measure, 1960
       17-30-17, as enacted by Initiative Measure, 1960
       17-30-20, as enacted by Initiative Measure, 1960
       22-1-4, enacted in Utah Code Annotated 1953
       22-1-5, enacted in Utah Code Annotated 1953
       22-1-6, enacted in Utah Code Annotated 1953
       22-1-7, enacted in Utah Code Annotated 1953
       22-1-8, enacted in Utah Code Annotated 1953
       22-1-9, enacted in Utah Code Annotated 1953
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     Enrolled Copy                                                   S.B. 90
      22-2-1, enacted in Utah Code Annotated 1953
      25-5-1, enacted in Utah Code Annotated 1953
      25-5-3, enacted in Utah Code Annotated 1953
      25-5-6, enacted in Utah Code Annotated 1953
      25-5-7, enacted in Utah Code Annotated 1953
      29-1-1, enacted in Utah Code Annotated 1953
      34-19-8, as enacted by Laws of Utah 1969, Chapter 85
      34-19-11, as enacted by Laws of Utah 1969, Chapter 85
      34-20-1, as enacted by Laws of Utah 1969, Chapter 85
      34-26-2, as enacted by Laws of Utah 1969, Chapter 85
      34-26-3, as enacted by Laws of Utah 1969, Chapter 85
      34-27-1, as enacted by Laws of Utah 1969, Chapter 85
      34-29-9, as enacted by Laws of Utah 1969, Chapter 85
      34-29-19, as enacted by Laws of Utah 1969, Chapter 85
      34-30-8, as enacted by Laws of Utah 1969, Chapter 85
      34-33-1, as enacted by Laws of Utah 1969, Chapter 85
      34-34-13, as enacted by Laws of Utah 1969, Chapter 85
      38-2-1, enacted in Utah Code Annotated 1953
      38-2-2, as last amended by Laws of Utah 1953, Chapter 61
      38-2-3.1, as enacted by Laws of Utah 1953, Chapter 62
      38-2-5, enacted in Utah Code Annotated 1953
      38-3-3, enacted in Utah Code Annotated 1953
      38-7-3, as enacted by Laws of Utah 1965, Chapter 75
      40-1-2, enacted in Utah Code Annotated 1953
      40-1-12, enacted in Utah Code Annotated 1953
      41-4-2, enacted in Utah Code Annotated 1953
      41-4-3, enacted in Utah Code Annotated 1953
      41-4-12, enacted in Utah Code Annotated 1953
      41-19-1, as enacted by Laws of Utah 1967, Chapter 53
      42-1-1, enacted in Utah Code Annotated 1953
      43-1-2, enacted in Utah Code Annotated 1953
      47-1-2, enacted in Utah Code Annotated 1953
      47-1-3, enacted in Utah Code Annotated 1953
      47-1-7, enacted in Utah Code Annotated 1953
                                                 -3-
      S.B. 90                                                        Enrolled Copy
       52-1-8, enacted in Utah Code Annotated 1953
       52-1-11, enacted in Utah Code Annotated 1953
       54-4-20, enacted in Utah Code Annotated 1953
       54-7-7, enacted in Utah Code Annotated 1953
       54-8-12, as enacted by Laws of Utah 1969, Chapter 157
       56-1-19, enacted in Utah Code Annotated 1953
       56-1-20, enacted in Utah Code Annotated 1953
       57-1-4, enacted in Utah Code Annotated 1953
       57-1-11, enacted in Utah Code Annotated 1953
       57-2-12, enacted in Utah Code Annotated 1953
       57-2-15, enacted in Utah Code Annotated 1953
       57-2-16, enacted in Utah Code Annotated 1953
       57-2-17, enacted in Utah Code Annotated 1953
       57-6-2, enacted in Utah Code Annotated 1953
       57-6-3, enacted in Utah Code Annotated 1953
       57-6-7, enacted in Utah Code Annotated 1953
       57-6-8, enacted in Utah Code Annotated 1953
       57-8-19, as enacted by Laws of Utah 1963, Chapter 111
       57-8-25, as enacted by Laws of Utah 1963, Chapter 111
       57-8-26, as enacted by Laws of Utah 1963, Chapter 111
       57-9-4, as enacted by Laws of Utah 1963, Chapter 109
       57-9-8, as enacted by Laws of Utah 1963, Chapter 109
       67-1-4, enacted in Utah Code Annotated 1953
       67-1-6, enacted in Utah Code Annotated 1953
       67-3-2, enacted in Utah Code Annotated 1953
       67-4-15, enacted in Utah Code Annotated 1953
       67-9-2, enacted in Utah Code Annotated 1953
       67-16-9, as enacted by Laws of Utah 1969, Chapter 128
       69-1-4, enacted in Utah Code Annotated 1953
       73-1-9, enacted in Utah Code Annotated 1953
       73-1-12, enacted in Utah Code Annotated 1953
       73-2-1.2, as enacted by Laws of Utah 1967, Chapter 176
       73-2-1.3, as enacted by Laws of Utah 1967, Chapter 176
       73-2-11, enacted in Utah Code Annotated 1953
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      Enrolled Copy                                                                                      S.B. 90
      73-3-11, enacted in Utah Code Annotated 1953
      73-3-19, enacted in Utah Code Annotated 1953
      73-4-2, as last amended by Laws of Utah 1969, Chapter 198
      73-4-23, enacted in Utah Code Annotated 1953
135
  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 6-1-2 is amended to read:
        6-1-2 . When assignment void.
    An assignment for the benefit of creditors is void against any creditor of the
  assignor not assenting thereto in the following cases:
  (1) if it gives a preference dependent upon any condition or contingency, or with any power
      of revocation reserved;
  (2) if it tends to coerce any creditor to release or compromise [his] the creditor's demand;
  (3) if it provides for the payment of any claim known by the assignor to be false or
      fraudulent, or for the payment of more upon any claim than is known to be justly due
      from the assignor;
  (4) if it reserves any interest in the assigned property or in any part thereof to the assignor
      or for [his] the assignor's benefit before all [his] the assignor's existing debts are paid; and
  (5) if it confers upon the assignee any power which, if exercised, might prevent or delay the
      immediate conversion of the assigned property to the purposes of the trust; provided,
      that the assignment may provide reasonable terms and manner of sale to be carried out
      only so far as practicable and not prejudicial to the interest of the estate in the discretion
      of the court.
        Section 2. Section 6-1-4 is amended to read:
        6-1-4 . Inventory -- Bond.
    The assignee shall forthwith file with the clerk of the district court of the county
  where the property assigned is located a true and full inventory and valuation of said
  estate, under oath, so far as the same has come to [his] the assignee's knowledge, and
  shall then enter into bonds to the state for the use of the creditors in double the amount
  of the inventory and valuation, with one or more sureties to be approved by said clerk,
  for the faithful performance of said trust; and the assignee may thereupon proceed to
  perform any duty necessary to carry into effect the purpose of said assignment.
        Section 3. Section 6-1-10 is amended to read:
        6-1-10 . Dividends to creditors.
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      S.B. 90                                                                                   Enrolled Copy
     If no exception is made and filed to the claim of any creditor, or if the same has
   been adjudicated, the court shall order the assignee to make from time to time fair and
   equal dividends among the creditors of the assets in [his] the assignee's hands in
   proportion to [their] the creditors' claims and according to the preferences or classes, if
   any, named in the assignment, and as soon as may be to render a final account of [his]
   the assignee's trust to the court. If upon making the final dividend to creditors the
   assignee shall be unable after reasonable efforts to ascertain the place of residence of
   any creditor or the person who is authorized to receive the dividend due any creditor, [he]
   the assignee shall report the same to the court, with evidence showing diligent attempts
   to find such creditor or person authorized to receive the dividend; whereupon the court
   may in its discretion order the distribution of the unclaimed dividend among the other
   creditors.
           Section 4. Section 6-1-11 is amended to read:
           6-1-11 . Court to supervise administration.
     The assignee shall at all times be subject to the order and supervision of the court
   or judge and from time to time may be compelled, by citation or attachment, to file
   reports of [his] the assignee's proceedings and of the situation and condition of the trust,
   and to proceed in the execution of the duties required by this title.
           Section 5. Section 6-1-13 is amended to read:
           6-1-13 . Failure to file inventory -- Examination of debtor.
     No assignment shall be declared fraudulent or void for want of any list or
   inventory as provided in this title. The court or judge may, upon application of the
   assignee or any creditor, compel the appearance in person of the debtor before such
   court or judge, forthwith or at the next term, to answer under oath such matters as may
   be inquired of [him] the debtor, and such debtor may be fully examined under oath as to
   the amount and situation of [his] the debtor's estate, and the names of the creditors and
   amounts due to each with their places of residence, and may be compelled to deliver to
   the assignee any property or estate embraced in the assignment.
           Section 6. Section 6-1-14 is amended to read:
           6-1-14 . Subsequent inventory -- Additional bond.
     The assignee shall from time to time file with the clerk of the court an inventory
   and valuation of any additional property which may come into [his] the assignee's hands
   under the assignment after the filing of the first inventory, and the clerk or the judge of
   the court may thereupon require [him] the assignee to give additional security.
                                                       -6-
      Enrolled Copy                                                                                    S.B. 90
        Section 7. Section 6-1-16 is amended to read:
        6-1-16 . Sales -- Confirmation.
    The assignee may dispose of and sell all the estate assigned, real and personal,
  which the debtor had at the time of the assignment, may sue for and recover in [his] the
  assignee's own name everything belonging or appertaining to said estate, and generally
  do whatever the debtor might have done in the premises; but no sale of real estate
  belonging to said trust shall be made without notice published as in case of sales of real
  estate on execution, unless the court or judge shall otherwise order, and no such sales
  shall be valid until approved by the court or judge.
        Section 8. Section 6-1-17 is amended to read:
        6-1-17 . Removal of assignee.
    Upon a written application of a majority of the creditors in amount the court shall
  remove the assignee and appoint in [his] the assignee's stead a person approved by the
  creditors in the same number and amount, and the person so removed shall immediately
  turn over to the clerk of the court, or any person appointed by the court, all money and
  property of the estate in [his] the removed assignee's hands.
        Section 9. Section 6-1-18 is amended to read:
        6-1-18 . Death or neglect of assignee.
    If an assignee dies before the closing of [his] the assignee's trust, or shall fail or
  neglect for the period of 20 days after making of any assignment to file an inventory and
  valuation and give bond as required in this title, the district court or any judge thereof of
  the county where such assignment may be recorded, on the application of any person
  interested, shall appoint some person to execute the trust, who shall on giving bond have
  all the powers of the assignee first appointed and be subject to all the duties hereby
  imposed. If it is shown to the court at any time that an assignee is guilty of wasting or
  misapplying the trust fund, [he] that assignee may be removed, and a successor appointed
  in the same manner.
        Section 10. Section 10-8-42 is amended to read:
        10-8-42 . Intoxicating liquors -- Prohibitions on manufacture, sale, possession, etc.
    They may prohibit, except as provided by law, any person from knowingly having
  in [his] the person's possession any intoxicating liquor, and the manufacture, sale,
  keeping or storing for sale, offering or exposing for sale, importing, carrying,
  transporting, advertising, distributing, giving away, exchanging, dispensing or serving of
  intoxicating liquors.
                                                       -7-
      S.B. 90                                                                                      Enrolled Copy
           Section 11. Section 10-8-78 is amended to read:
           10-8-78 . Official bonds and reports.
     They may require all municipal officers and agents, elected or appointed, to give
   bond and security for the faithful performance of their duties, and require from every
   officer of the city at any time a report in detail of all transactions in [his] the officer of
   the city's office or any matters connected therewith.
           Section 12. Section 10-8-85 is amended to read:
           10-8-85 . Prison labor and fines.
     They may provide by ordinance that any person committed to the county or
   municipal jail or other place of incarceration as a punishment or in default of the
   payment of a fine, or fine and costs, shall be required to work for the city at such labor
   as [his] the person's strength will permit not exceeding eight hours in each working day;
   and that a judgment that the defendant pay a fine or a fine and costs may also direct that [
   he] the defendant be imprisoned until the amount thereof is satisfied, specifying the
   extent of imprisonment which cannot exceed one day for each $2 of such amount.
           Section 13. Section 11-1-1 is amended to read:
           11-1-1 . Auditor's certificate to show obligation within debt limit.
     The county auditor of each county, the auditor of each city, and the clerk of each
   board of education in this state shall endorse a certificate upon every bond, warrant or
   other evidence of debt, issued pursuant to law by any such officer, that the same is
   within the lawful debt limit of such county, city or school district, respectively, a