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I. INTRODUCTION
During the course of the 2002 General Legislative Session, the Legislative Affairs Committee was active in reviewing legislation pertinent to the interests of the
Bar. This was a different session in that it began two weeks early and broke for two weeks for the Winter Olympic Games. As a result, few bills were presented and we had an opportunity
for a bit more deliberation than has been usual. Many bills that concerned us were substantially amended to make them more palatable.
This year 382 bills and resolutions were passed by the State Legislature. This was less than previous years. The Legislative Affairs Committee carefully reviewed all legislation we deemed
pertinent and recommended several positions to the Bar Commission, all of which the Commission adopted. The bills on which the Commission took a position are listed in Section II with the
final disposition.
The process that has been initiated by the Legislative Affairs Committee in cooperation with Bar staff and the Bar Commission has proved workable and productive. The Bar's legislative
representatives have been able to take positions immediately and legislators who care to access the Bar's website have real time knowledge of the actions of the Legislative Affairs
Committee and the Bar Commission.
The Bar's legislative representative, John T. Nielsen, closely monitored all the bills on which the Bar Commission took a position and actively worked with sponsors and committees to
effectuate the Bar's position. Other members of the Legislative Affairs Committee were of significant help in educating legislators with respect to the Bar's position.
Particular thanks to our new co-chairs of the Legislative Affairs Committee, Lorrie Nelson and Scott Sabey. Both of these individuals were particularly responsive and actively involved
with legislators in amending and formulating legislation. Special thanks go to the past chair of the Legislative Affairs Committee, David Bird, now a Bar Commissioner, for his valuable
advice and assistance during the legislative session.
II.LEGISLATION SUPPORTED BY THE BAR COMMISSION
H.B. 35 - Expungement of Juvenile Records. S. Daniels. Passed both houses. Modifies the Juvenile Court Act by clarifying the steps
necessary to expunge a record in Juvenile Court.
H.B. 39 - Statute of Limitations Amendments. K. Bryson. Passed both houses. Modifies the Criminal Code by specifying additional crimes that are not subject to statute of limitations for
prosecution.
H.B. 44 - Trust Deeds Amendment. D. Clark. Passed both houses. Modifies the real estate title to address provisions relating to trust deeds by modifying qualifications and duties of a
trustee of a trust deed and prohibiting certain actions by a trustee.
H.B. 47 - Extension of Sunset Dates of Court Administrator and Alternative Dispute Resolution. G. Way. Passed both houses. Modifies the Sunset Act by extending the Sunset dates on the
Office of Court Administrator and the Alternative Dispute Resolution Act.
H.B. 69 - Payment for Bailiff and Other Services in Courts of Record. J. Seitz. Bill failed. This bill modified the county code by requiring the State Court of Administrator to contract
with County Sheriffs for providing bailiffs and building security. The Bar Commission supported the bill if in fact there was a funding source. The bill was amended to address the funding
issue but did so in an inadequate fashion according to the Court Administrator Office.
H.B. 101 - Substitute Racial Profiling. D. Bordeaux. Passed. This act modified the Uniform Drivers License Act by requiring race information be provided on drivers license applications in
state identifications. The Bar Commission deemed this bill to be an important public policy position upon which the Bar should take a position.
H.B. 190 - Criminal Restitution Amendments. S. Allen. Passed. Modified the provisions dealing with criminal restitution by repealing provisions that were duplicated with the enactment of
the Crime Victims Restitution Act in 2001.
H.B. 202 - Reconveyance of Trust Deeds or Release of Mortgage. T. Hatch. Passed. This act made changes to Title 57, Real Estate, by adding a definition of "delivery". The act,
among other things, eliminates the requirement that a title insurer or title agent wait thirty days after payment in full of an obligation secured by a trust deed or mortgage to give to
the beneficiary, mortgagee, or loan servicer a notice of intent to release or reconvey.
H.B. 234 - Mechanic's Lien Amendments. K. Garn. Passed. This act modified the Mechanic's Lien Act by making technical conforming amendments to legislation enacted in the 2001 General
Legislative Session.
S.B. 44 - Funding a Community Legal Center. L. Hillyard. Failed. This act intended a one-time appropriation from the General Fund to the Department of Community and Economic Development to
help fund a community legal center for citizens of the state. This bill had very good support, but had fiscal impact, culminating in a $100,000 appropriation which is less than the bill
requested.
S.B. 74 - Criminal Action - Defense to Civil Action for Damages. P. Hellewell. Passed. This act modifies the Judicial Code by providing that the next of kin or heirs of a person who is
prohibited from bringing a civil action for damages resulting from the commission of a crime are also prohibited from bringing such a civil action under the same circumstances.
S.B. 103 - Termination of Joint Tenancy in Real Property. L. Hillyard. Passed. Modifies the Real Estate Code to clarify that a joint tenancy in real estate is converted to a tenancy in
common by a joint tenant making a conveyance of the joint tenant's interest in the property to himself or another.
S.B. 1046 - Business Entity Amendments. J. Valentine. Passed. This act modifies the Partnership and Corporations titles and makes technical changes. The act also addresses issues related
to registered agents and business addresses.
S.B. 150 - Registration and Protection of Trademarks and Service Marks. L. Hillyard. Passed. This act modifies the Trademarks and Trade Names title to recodify provisions relating to the
registration and protection of trademarks and service marks and makes technical changes.
S.B. 171 - Uniform Arbitration Act. L. Hillyard. Passed. This legislation enacts the Utah Uniform Arbitration Act. This legislation has an effective date of July 1, 2003, to give time to
study its more controversial provisions.
S.B. 176 - Utah Revised Non-profit Corporation Act Amendments. L. Hillyard. Passed. This act makes some technical changes to the current act by amending some definitions and addressing
provisions related to private foundations.
III. LEGISLATION OPPOSED BY THE BAR COMMISSION
H.B. 82 - Second Substitute Storage of Concealed Fire Arms on Facilities with Secure Areas. J. Swallow. Passed. This act requires that a courthouse or courtroom established as a secure
area shall have fire arms storage areas for persons with permits to carry concealed fire arms.
H.B. 136 - Judicial Conduct Commission Amendments. K. Bryson. Passed by both houses but subsequently vetoed by the Governor. This act modifies provisions relating to the Judicial Conduct
Commission and Election Code. The Bar Commission was particularly concerned that the sponsor desired to eliminate the attorneys from the Judicial Conduct Commission. We were able to
reinstate two attorneys on the Board to be appointed by the Supreme Court.
H.B. 170 - Rights of a Defendant in a Criminal Trial. G. Donnelson. Failed. This bill attempted to modify the Utah Code of Criminal Procedure by requiring that juries be informed of their
right and responsibility to judge the law as well as the conduct of the defendant. This bill is a variant of jury nullification legislation.
H.B. 191 - Mortgage Lending Disclosures. P. Ray. Failed. This act attempted to amend code provisions dealing with residential mortgage loans.
S.B. 111 - Division of Home in a Divorce. T. Spencer. Failed . This act modified provisions relating to divorce regarding the disposition of the family home. The bill was opposed by the
Bar Commission in its original form but was subsequently modified to restore judicial discretion which removed the main objection by the Commission.
S.B. 177 - Jury Trial for Termination of Parental Right Cases. B. Wright. Failed. This act would have modified the Judicial Code giving a parent the right to a jury trial in a termination
of parental rights proceedings.
S.B. 199 - Privacy Protections in Divorce Proceedings. G. Davis. Failed. This act required that personal information be removed from divorce documents being made available to the public.
IV.OTHER ACTIONS RELEVANT TO PREVIOUS BAR COMMISSION ACTIONS
H.B. 246 - Sunset Act Reauthorizations. S. Mascaro. Passed. This bill extended the Sunset date for the amendments to the Unauthorized Practice of Law sections to May 1, 2003.
V. HOUSE BILL 305 - JUDGEMENT LIEN AMENDMENTS HELD OVER FROM THE 2001 GENERAL SESSION
In addition to the numerous real estate and real property issues debated in the 2002 General Session, the Legislative Affairs Committee confronted the H.B. 305 issue which grew out of
years of frustration regarding the standardizing of filings and record keeping issues created by the consolidated court system. As many who followed these issues will recall, in 1997 the
title companies sponsored, and the Utah Legislature passed, S.B. 121 which created for the first time a registry of judgments. That bill was later amended in 1998 and is now codified as
Section 78-22-1.5 of the Utah Code. Because S.B. 121 did not resolve the issues, another bill, S.B. 80 in the 1998 session, added extensive information requirements to the Registry of
Judgments. As many predicted, the Registry of Judgments has not achieved the desired result and in an attempt to once again "fix" the problem, H.B. 305 - Judgment Lien
Amendments was enacted in the 2001 Legislature with an effective date of July 1, 2002. The importance of that legislation is that a judgment does not result in an automatic lien. It must
be recorded with the county recorder for a lien against real property to be created.
The proponents of H.B. 305 represented that they would seek repeal during the 2002 General Session if, in fact, efforts by the Administrative Office of the Courts to devise a program to
resolve the issues electronically were successful. Discussions held with the title companies, the sponsor of HB 305 and members of the Utah Bar and the Court Administrators Office failed
to reach a consensus that the issues were resolved and, hence, 305 was not repealed and will become the law on July 1, 2002.
All attorneys must be aware of the implications of that legislation. There will now be a requirement that a judgment be recorded with the county recorder in order to create a lien against
the judgment debtor's real property.
VI.LEGISLATORS CONTINUE TO EXPRESS CONCERN ABOUT LAWYERS, THE PRACTICE OF LAW AND THE JUDICIARY
The unauthorized practice of law statute which was inadvertently repealed has now been reenacted although in an amended, and most believe improved, fashion. Nevertheless, there is still an
expectation as required by the reenactment that lawyers and the judiciary examine several issues concerning the practice of law and who may engage in lawyering. The Unauthorized Practice
of Law Statute has been extended for another year to give time to resolve these issues or face additional examination by the Legislature.
Additionally, some legislators, particularly in the House of Representatives, continue to be concerned about the proceedings of the Judicial Conduct Commission. Although HB 136 was
subsequently vetoed by the Governor, it still does not put to rest what will likely be a continuing dialogue regarding the way judges are selected and disciplined.
Attorneys must be vigilant with respect to legislative initiatives which may undermine the independence of the judiciary and the ability of lawyers to professionally serve those needing
legal expertise.
VII. OTHER BILLS OF INTEREST TO LAWYERS - BY SUBJECT
Criminal Law
H.B. 16Blood and Breath Alcohol Testing
H.B. 17 Multiple Driving Under the Influence Offenses
H.B. 18 Court Records of Driving Under the Influence Cases
H.B. 45 Prisoner Escape Amendments
H.B. 55Underage Possession of Tobacco Amendments
H.B. 72Penalty for Misuse of Lawful Substances
H.B. 73Capital Felony Sentencing Procedures
H.B. 77 Criminal Sentencing - Mitigation Amendments
H.B. 99S1Consecutive Sentencing
H.B. 100Criminal Code Definition Amendment
H.B. 128Controlled Substance Act Amendements
H.B. 125Endangerment of Child or Elder Person with
Controlled Substance or Precursor
H.B. 154S2Expansion of DNA Database
H.B. 224Giving False Information to Police Officer
H.B. 245Amendment to Sex Offender Registry
H.B. 290Affidavit of Impecuniousity
H.B. 303Expungement of Driving Under the Influence
Convictions
H.B. 336S1Use of Force, Including Deadlly Force, in Defense
of Property
S.B. 9Amendments to Driving Under the Influence
S.B. 11Attempted Murder Amendments
S.B. 26Serious Youth Offender Amendments
S.B. 27Amendments to Guilty and Mentally Ill
S.B. 130Youth Court Amendments
S.B. 164S3Secure Facility Amendments
Corporations
S.B. 146Business Entity Amendments
Courts and Judiciary
H.B. 66S1Judiciary Amendments
HJR 17 Resolution Closing Court Facility
S.B. 140Reallocation of Judges
Domestic
H.B. 25S1Adult Protective Services Amendments
H.B. 196S1Divorce and Parent Time Revisions
H.B. 226S3Termination of Parental Rights Amendments
H.B. 237Spouse Abuse Amendments
S.B. 24 Release of Custodial or Non-Custodial Parent's Address
S.B. 76Domestic Violence in Presence of Child Amendments
S.B. 87S1Visitation Rights of Grandparents
S.B. 110Child Placement Determination
Natural Resources
H.B. 57Forfeited Water Right Allocation
H.B. 58Water Forfeiture Amendments
S.B. 37Mutual Water Company Change Applications
Real Estate
H.B. 23Mortgage Practice Act Revisions
H.B. 233 Mitigation of Damages in Condemnation Proceedings
Torts
H.B. 28Governmental Immunity Amendments
S.B. 141S1Punitive Damage Awards
Trusts and Estates
H.B. 138S1Rights of Creditors Against Trust Property
S.B. 117S1Trust Amendments
Workers Compensation
S.B. 119S1Workers' Compensation Insurance Related Amendments
Miscellaneous
H.B. 124S1Debt Collection Amendments.
H.B. 173S1Amendments to Settlement Agreement Requirements
H.B. 300Amendments to Guardian Ad Litem Statutes
S.B. 49Utah Exemption Act Amendments
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