Article Title

 

2004 Legislative Update

 

Author

 

John T. Nielsen

 

Article Type

 

Utah Law Developments

 

Article

 

The Legislative Affairs Committee of the Bar was again active and engaged in reviewing legislation pertinent to the interests of lawyers and the Bar. We had an enthusiastic, regular attending and active committee and we reviewed 70-plus bills that we felt required our scrutiny. At the legislature this year, 419 total bills were passed which is up a bit from the 2003 session. This session was typical of those which occur during an election year and several high profile issues predominated discussion, such as the so-called Parker Jensen legislation, medical arbitration and others. The Legislative Affairs Committee reviewed all legislation that we deemed relevant and recommended several positions to the Bar Commission. The bills upon which the Commission took a position are listed below, along with the final disposition of each. As in past years, the Legislative Affairs Committee co-chairs, Scott Sabey and Lori Nelson, provided excellent leadership and organization to our efforts. They were both actively engaged in dialogue with legislators respecting matters relevant to their specialty areas as well as assisting with other Bar issues. Other members of the Bar were also active in amending and formulating legislation and it would be particularly noteworthy to recognize our Bar president, Debra Moore; Bar commissioner, George Daines, and others who played a prominent role with respect to important legislation relative to the Bar. I. LEGISLATION SUPPORTED BY THE BAR COMMISSION House Bill 62: Lien Recovery Fund Amendments - R. Curt Webb. This bill modified the Residence Lien Restriction and Lien Recovery Fund Act and made a number of changes which the Bar believed were productive including the creation of a Certificate of Compliance to certify when an owner has complied with the provision of the act and is seeking protection under the act. It also broadened the definition of a contract used in establishing compliance with provisions of the act. It will also delay judicial determination of the rights and responsibilities of an owner until the owner had time to establish compliance with the act. (Passed both houses)1 House Bill 72: Release of Claims on Behalf of a Minor - John Dougall. Allows a person who receives funds on behalf of a minor to release the claim on the minor's behalf upon payment. (Passed both houses) House Bill 200 First Substitute: Recognition of Foreign Adoptions - Wayne Harper. Gives full faith and credit to an adoption order issued by a foreign country for an alien child. (Passed both houses) House Bill 219: Construction Bond Amendments - Michael T. Morely. Modifies provisions related to private contractor bonds and provides that the requirement that the owner obtain a bond from the contractor applies only to commercial contracts and increases the contract price amount to $50,000 before the requirement becomes applicable. (Passed both houses). House Bill 234: Sunset Extension of Unauthorized Practice of Law - Stephen Urquhart. Repeals the section defining the "practice of law" that was passed in the 2003 general session and extends the repeal date for the provisions relating to the definition of the "unauthorized practice of law" as contained in Section 78-9-101 for three years, from 2004 to 2007. (Passed both houses) Senate Bill 116: County Recorder Amendments - Thomas Hatch. Amends provisions that establish certain county recorders fees and modifies provisions that define prohibited acts by a county recorder. (Bill failed) Senate Bill 118: Judiciary Amendments - Lyle W. Hilliard. Expands the time period to file an appeal in small claims court from 10 to 30 days, allows parties to stipulate to a change of venue and requires a decision of the judge. Also clarifies the notice responsibilities in child welfare mediation. (Passed both houses) Senate Bill 141: New Judge - Second District - Greg Bell. This bill adds a new judge to the second judicial district. (Passed both houses) Senate Bill 161: Judicial Conduct Commission - Michael Waddoups. Amends the Judicial Conduct Commission procedure to make conforming amendments to a recent Utah Supreme Court opinion by prohibiting the Commission from initiating a complaint against a judge. This bill also repeals the statutory authority of the Judicial Conduct Commission to issue private and formal orders of reprimand. (Passed both houses) SCR 4: Resolution Recognizing 50th Anniversary of Brown vs. Board of Education - James Evans. This is a concurrent resolution of the legislature and the governor recognizing the 50th anniversary of the United States Supreme Court's decision in Brown vs. the Board of Education. (Passed both houses) II. LEGISLATION OPPOSED BY THE BAR COMMISSION House Bill 90S1: Access to Child Welfare Hearings - Michael Morley. This bill was opposed by the Bar Commission because there were pilot programs currently in place to review the propriety of granting greater access to abuse, neglect and dependency cases. The bill was substituted to provide a change in the date on which any person may be admitted to a child abuse, neglect and dependency hearing in juvenile court. The date was changed from July 1, 2005 to July 1, 2004, essentially abolishing the pilot programs. (Passed both houses) House Bill 124: Small Claims Court Jurisdiction - Stephen Urquhart. This bill was an outgrowth of the Task Force on Access to Justice which met to review ways in which the public could be assured greater access to justice. The bill was originally opposed by the Bar Commission but subsequent amendments which required conformity to Supreme Court rule made the bill acceptable. (Passed both houses) HB 198 Second Substitute: Child Welfare Reports - Mike Thompson. This bill was substituted twice and differed from the original version reviewed by the Bar Commission. The bill in its substituted form amends the judicial code to create a disclosure requirement for information used in child welfare proceedings. The substitute was apparently a consensus bill, one acceptable to all parties to the controversy. (Passed both houses) Senate Bill 41: Hate Crime Amendments - James Evans. Bar opposed this bill on language. It was the Senate alternative to the Hate Crime bill version filed by Representative Litvack in the House, House Bill 68. (Neither bill passed) Senate Bill 102: Journal of Notary Public Acts - Peter Knudson. Would have required keeping of a journal with respect to the actions of Notary Publics. The bill was strongly opposed in committee and was ultimately sent back to Senate Rules. (Bill failed) Senate Bill 219: Amendments to Justice Court Operations - Ed P. Mayne. Originally opposed by the Bar Commission because it would have allowed justice courts to operate only four days a week; it was subsequently amended to make the operation of such courts comply with the requirements of the Code of Judicial Administration. That amendment made it acceptable to the Administrative Office of the Courts. (Passed both houses) III. OTHER BILLS OF INTEREST TO LAWYERS - BY SUBJECT Criminal Law HB 73:Pattern of Unlawful Activity Act Amendments HB 81:Criminal Law Intent Amendments HB 121:Code of Criminal Procedure Amendments HB 122:Private Investigator Amendments HB 161:Law Enforcement Amendments HB 165 S1:Child Protection Registry HB 179:Vulnerable Adult Abuse Amendments HB 180:Death Penalty Provisions HB 184:Voyeurism Amendments HB 222:Robbery Amendments HB 262 S1:Penalties for Providing False or Misleading Information in Court HB 335:Penalty for Using Fake Identification HB 364:Profits From Sale of Crime Memorabilia HR 7S1:Driving Under the Influence Resolution SB 16:Identity Theft Amendments SB 38:Arson Offense Amendments SB 49:Competency to be Executed - Amendments SB 62:Stay of Execution Amendments SB 63:Witness Tampering Amendments SB 73:Escape Amendments SB 80:Capital Punishment Amendments - Excluded Days SB 81:Child and Family Services - Plea in Abeyance SB 84:Party to Felony Offense Enhancement SB 119:Prosecution Jurisdiction Amendment SB 143:Criminal Offense Attempt Amendments SB 158:Criminal Offense Amendments SB 160:Controlled Substance Act Amendments SB 167:Victim Restitution Amendments SB 173 S1:Bail Bond Reinstatement Amendments SB 175 S2:Protection of Private Lawfully-Obtained Property SB 232:Standard of Care for Emergency Vehicle Drivers Courts and Judiciary SB 262 S1:Penalties for Providing False or Misleading Information in Court SB 123:Court Reporter Amendments SB 150:Judicial Confirmation Process Amendments SB 196 S2:Court Fee Adjustments SJR 6:Resolution on Impeachment Authority Corporations SB 144:Corporation Sole Amendments Domestic and Family Law HB 82 S1:Virtual Visitation Amendments HB 97:Protective Order Amendments HB 140 S3:Child and Family Services and Related Judicial Code Amendments HB 179:Vulnerable Adult Abuse Amendments HB 183:Conditions for Release After Notice Regarding Arrest for Domestic Violence HB 259 S1:Special Needs Adoption - Pre-placement Evaluations HB 268 S4:Child Welfare Processes HB 275 S1:Adoption Amendments HB 276 S2:Adoption Law Revisions SB 12:Transportation of Children for Parent Time SB 104:Selection of Mental Health Therapist in Termination of Parental Rights SB 136:Uniform Interstate Family Support Act SB 179 S1:Expedited Appeals in Child Welfare Cases Natural Resources HB 232 S1:Water Well Amendments SB 187:Water Conservancy Districts Trustees Local Government HB 131:Eminent Domain Amendments HB 205:State Settlement Agreements Amendments SB 10:Amendments to Local Referendum Process SB 55 S1:Governmental Immunity Act of Utah SB 157:Authorization to Perform Marriages SB 159:Annexation of Public Land to Special and Local Districts SB 183:Local Governments - Authority for Design - Build Construction SB 184:Inter-local Cooperation Act Amendments SB 215 S2:County Powers Amendments Real Estate HB 32:Lien Amendments HB 62:Lien Recovery Fund Amendments HB 96:Statute of Repose HB 136 S6:Electronic Filing of Preliminary Lien Documents HB 182 S1:Construction Lien Amendments HB 336:Claims on Real Property SB 9:Property Rights Amendment SB 111 S1:Mechanics Lien Amendments SB 147:Condominium Amendments Trusts and Estates HB 35:Requirements of Trustees of Trust Deeds SB 47 S2:Uniform Trust Code SB 122:Payment of Claims on Deceased Settlors Estate SB 131 S1:Uniform Principle and Income Act Torts SB 214 S1:Prohibition of Obesity Lawsuits SB 245 S1:Medical Dispute Resolution Amendments SB 201:Punitive Damages Amendments Miscellaneous HB 72:Release of Claims on Behalf of a Minor HJR 16:Resolution Amending Rules of Civil Procedure - Judgment SB 239 S3:Unfair Business Practices2 Footnotes 1. Unless otherwise noted, if Bill passed both houses it was signed by the governor and went into effect on May 3, 2004. 2. Additional information on legislation can be found at the Utah Legislature's website, http://www. le.state.ut.us.