Highlights from the 2025 Utah Legislative General Session

• Citation: Vol. 38 No. 3 Pg. 33
• Year: 2025
• Pages: 33

Highlights from the 2025 Utah Legislative General Session Vol. 38 No. 3 Pg. 33 Utah Bar Journal May 2025

Highlights from the 2025 Utah Legislative General Session

by Jacqueline Carlton and Kami Orton

AUTHOR'S NOTE: Thefollowing summaries of selectedpassed hills from the2025 Utah Legislative General Session may be of interest to practicing attorneys and other legal professionals. As employees of a nonpartisan legislative office, the authors take no position on the policies or relative importance of these hills to the practice of law. These bill summaries are provided for educationolpurposes only and are not a substitute for reading the language of the bills. Full bill language, the applicable code sections, and other legislation not included here may be found at le.utali.gov. Unless otherwise noted, the bills take effect on May 7,2025.

Business &Labor Law

H.B. 65, Firefighter Cancer Amendments, amends the Utah Occupational Disease Act to expand the list of cancers that presumptively arise from service as a firefighter and establishes a rebuttable presumption that a presumptive cancer experienced by a firefighter is the result of exposure from being an active firefighter. H.B. 65 also provides funding for cancer screenings for firefighters for early detection. Effective date: July 1, 2025. Sponsors: Representative Casey Snider and Senator Michael McKell. https://le.utali.gov/~2O25/bills/static/HBOO65.html

H.B. 267, Public Sector Labor Organization Amendments, prohibits a public employer from recognizing a labor organization as a bargaining agent for public employees and prohibits a public employer from entering collective bargaining contracts. H.B. 267 also requires a labor organization to provide an annual accounting to the labor organization members and to the Utah Labor Commission if the labor organization uses a public employer to collect union dues. Effective date: July 1, 2025. Sponsors: Representative Jordan Teuscher and Senator Kirk Cullimore. https://le.utah.gov/~2O25/bills/static/HBO267.htnil

H.B. 322, Child Actor Regulations, establishes new regulations for child actors, including requirements that a parent or guardian place the earnings of a child actor in a trust. H.B. 322 addresses social media content featuring a child and establishes a child's right to deletion when the child turns eighteen years old. Sponsors: Representative Doug Owens and Senator Scott Sandall. https://le.utali.gov/Session/202 5/bills/static/HBO322 .htnil

H.B. 441, Franchisee Protection Act, protects a franchisee from having to operate the franchise on days that operation conflicts with a sincerely held religious belief. H.B. 441 does not protect a franchisee if the operation that conflicts with the franchisee's sincerely held religious belief was required in the original franchise agreement or if the franchisee agrees to the requirement in a subsequent agreement. Effective date: March 17, 2025. Sponsors: Representative Ken Ivory and Senator Michael McKell. https://le.utah.gov/~2025/bills/static/HB0441.htnil

H.B. 474, Regulatory Oversight Amendments, directs the Utah Office of Professional Licensure Review to gather feedback regarding existing occupational regulation to inform the Utah Legislature of regulations that are potentially out of alignment with industry standards. H.B. 474 also prohibits an agency from enacting a regulation that has a substantial fiscal impact unless the regulation is the result of passed legislation or federally delegated authority. Sponsors: Representative Ryan Wilcox and Senator Daniel McCay. https://le.utali.gov/~2O25/bills/static/HBO474.htnil

JACQUELINE CARLTON is an attorney at the Office of Legislative Research and General Counsel.

KAMI ORTON is an attorney at the Office of Legislative Research and General Counsel.

Civil Litigation Law

S.B. 101, Dog Related Liability Amendments, provides that a dog owner is not liable for a criminal trespasser's injury or death caused by the owner's dog. Sponsors: Senator Karen Kwan and Representative Andrew Stoddard. https://le.utah.gOv/~ 202 5/ bills/static/SBO 101 .html

S.B. 203, Judicial Standing Amendments, provides the standing requirements for bringing a private right of action in a Utah court. Sponsors: Senator Brady Brammer and Representative Casey Snider, https://le.utal1.g0v/~ 202 5/bills/static/SBO2O3.html

S.B. 266, Ethylene Oxide Litigation Amendments, creates a cause of action for ethylene oxide exposure and provides immunity, with exceptions for an individual or busmess in the healthcare industry. S.B. 266 only applies to an ethylene oxide exposure action that is pending on, or is filed on or after, May 7, 2025- Sponsors: Senator Kirk Cullimore and Representative Jordan Teuscher. https://le.utah.gov/~2O25/bills/static/SBO266.html

S.B. 326, Judgment Renewal Modifications, allows a judgment to be renewed multiple times and modifies the statute of limitations for a judgment. Sponsors: Senator Todd Weiler and Representative Anthony Loubet. httpST71e.utali.gov/~2O25/bills/static/SBO326.html

S.J.R. 9, Joint Resolution Amending Rules of Civil Procedure on Injunctions, amends Rule 65A of the Utah Rules of Civil Procedure to address the requirements for filing a temporary restraining order or preliminary injunction seeking to enjoin a state law that the plaintiff argues is unconstitutional. Effective date: March 7, 2025- Sponsors: Senator Brady Brammer and Representative Jordan Teuscher. https://le.utah.gov/~2025/ bills/static/S| R009.html

Constitutional Law

H.J.R. 10, Proposal to Amend Utah Constitution -Publication Amendments, requires a proposed constitutional amendment to be published, in a maimer provided by statute, for sixty calendar days immediately preceding the general election. If approved by the voters, H.J.R. 10 takes effect on January 1, 2027. Sponsors: Representative Anthony Loubet and Senator Daniel McCay, https://le.utal1.g0v/~ 202 5/bills/static/HJRO lO.html

H.B. 481, Ballot Proposition Requirements, requires the lieutenant governor to publish a proposed constitutional amendment or other ballot question for sixty calendar days immediately preceding the next general election as a class A notice. H.B. 481 is contingent on H.J.R. 10, Proposal to Amend Utah Constitution - Publication Amendments, being approved by the voters, and if H.J.R 10 is approved, H.B. 481 takes effect on January f, 2027. Sponsors: Representative Anthony Loubet and Senator Daniel McCay. https://le.utah.gOv/~ 2025/bills/static/HB0481 .html

S.J.R 2, Proposal to Amend Utah Constitution - Statewide Initiatives, requires 60% of voters, rather than a majority, to approve citizen-initiated statewide legislation that includes a new tax or an increase in the rate of an existing tax or the amount of revenue collected. If approved by the voters, S.J.R. 2 takes effect on November 23, 2026, and applies to an initiative that voters vote upon after November 1, 2026. Sponsors: Senator Lincoln Fillmore and Representative Jason Kyle, https:// le.utah.gov/~2025/bills/static/SJR002.htnil

Court Operations &Procedure

S.B. 204, Right to Appeal Amendments, grants a defendant the right to appeal to the Utah Supreme Court when a trial court enters an order restraining the execution or enforcement of a state law and the underlying claim for the order is that the state law is unconstitutional on its lace. S.B. 204 applies to an action pending on and after May 7, 2025. Sponsors: Senator Brady Brammer and Representative Casey Snider. https://le.utah.gOv/~2025/ bills/static/SB0204.html

S.J.R. 1, Joint Resolution Dissolving the North Logan and Hyde Park Justice Courts, approves the dissolution of the North Logan and Hyde Park Justice Courts on April 1, 2025. Sponsors: Senator Chris Wilson and Representative Michael Petersen. https://le.utah.gOv/~ 202 5/bills/static/SJROO 1 .html

S.J.R. 3, Joint Resolution Dissolving Salt Lake County Justice Court, approves the dissolution of the Salt Lake Comity Justice Court on June 30,2027. Sponsors: Senator Kirk Cullimore and Representative Jordan Teuscher. https://le.utal1.g0v/~ 202 5/ bills/static/SJ R003 -html

Criminal &Juvenile Justice Law

H.B. 21, Criminal Code Recodification and Cross References, restructures and clarifies Utah Code Title 76, Chapters 9 and 10, as part of a multi-year effort to recodify offenses in the criminal code. H.B. 21 creates new chapters from the offenses currently in Chapters 9 and 10 based on subject matter, making it easier to locate these offenses. Helpful information about the recodification can be found at https://lc.utal1.g0v/l rgc/recodilicalion.him. Sponsors: Representative Matthew Gwynn and Senator Keith Grover, https://le.utali.gov/ ~ 2025/bills/static/HB0021 .html

H.B. 38, Criminal Offenses Modifications, addresses criminal offenses generally related to organized crime and gang activity. H.B. 38 reduces the number of individuals required to participate in certain offenses necessary to qualify for the enhancement under Utah Code Section 76-3-203-1 from three individuals...