Utah Law Developments

• Publication year: 2024
• Citation: Vol. 37 No. 4 Pg. 32
• Pages: 32

Utah Law Developments Vol. 37 No. 4 Pg. 32 Utah Bar Journal July 2024

July 2024

Highlights from the 2024 Utah Legislative General Session

by Jacqueline Carlton and Andrea Valenti Arthur ^[1]

AUTHORS' NOTE: The following summaries of selected passed bills from the 2024 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 bills to the practice of law. These bill summaries are provided for educational purposes 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.utah.gov. Unless otherwise noted, the bills took effect on May 1,2024.

Business Law

S.B. 79, Estate Planning Recodification, reorganizes and renumbers statutes found in Title 22, Fiduciaries and Trusts, and Title 75, Utah Uniform Probate Code, to two new titles called Title 75A, Fiduciaries, and Title 75B, Trusts. S.B. 79 takes effect on September 1, 2024. Helpful information about the recodification can be found at https://le.utah.gov/lrgc/recodification.htm. Sponsors: Senator Todd Weiler and Representative Brady Brammer

S.B. 202, Regulations for Legal Services, establishes a thirty-day period during which a person is prohibited from contacting a potential client for legal services following disaster, personal injury, or death. There are exceptions to the thirty-day period. S.B. 202 took effect on May 2, 2024. Sponsors: Senator Michael McKell and Representative Nelson Abbott

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

H.B. 55, Employment Confidentiality Amendments, makes nondisclosure, non-disparagement, and confidentiality clauses related to sexual assault and sexual harassment, as a condition of employment, unenforceable. H.B. 55 also provides that a person who attempts to enforce such a clause is liable for costs and attorney fees under certain conditions. H.B. 55 has retrospective operation to January 1, 2023. Sponsors: Representative Kera Birkeland and Senator Todd Weiler

H.B. 174, Automatic Renewal Contracts Act, requires that if a person provides a contract that contains a provision that automatically renews the contract at the end of a definite time period, the person must provide notice of the renewal date of the contract, the total renewal cost, and options for the cancellation of the contract. H.B. 174 also requires that if a person provides a contract that contains a provision for a free trial period, the person must provide notice of the trial period expiration date, the price to be charged or other purchase obligations to be imposed after the expiration date, and options for cancellation of the contract. H.B. 174 takes effect on January 1, 2025. Sponsors: Representative Cheryl Acton and Senator Todd Weiler

H.B. 209, Amendments to Civil and Criminal Actions, allows a plaintiff to bring an action to dissolve a nonprofit corporation when the plaintiff has also brought certain misconduct claims in an action against the nonprofit corporation. H.B. 209 also clarifies the requirements for a civil action for a human trafficking offense. H.B. 209 took effect on March 18, 2024. Sponsors: Representative Stephanie Gricius and Senator Stephanie Pitcher

ANDREA VALENTI ARTHUR is an attorney at the Office of Legislative Research and General Counsel.

Court Operations &Procedure

S.B. 180, Court Jurisdiction Modifications, clarifies the jurisdiction of the justice and juvenile courts, including jurisdiction over an offense committed on school property by a high school student who is eighteen years old at the time of the offense. Sponsors: Senator Jen Plumb and Representative Anthony Loubet

H.J.R. 8, Joint Resolution Amending Rules of Civil Procedure on Change of Judge as a Matter of Right, amends Rule 63A of the Utah Rules of Civil Procedure to allow for a change of a judge in certain civil actions in a court in a county with seven or more district court judges. The changes to Rule 63A take effect on January 1, 2025. Sponsors: Representative Stephanie Gricius and Senator Keith Grover

H.J.R. 22, Joint Resolution Regarding District Court Operations, approves the removal of district court operations from American Fork City and recognizes that district court operations in American Fork City will move to the Fourth Judicial District Courthouse in Provo City. Sponsors: Representative Val Peterson and Senator Michael McKell

H.B. 300, Court Amendments, makes various changes to the Utah Code to address the new Business and Chancery Court. H.B. 300 modifies the jurisdiction of the Business and Chancery Court and clarifies when the Business and Chancery Court may exercise supplemental jurisdiction over a claim. H.B. 300 also clarifies that the Business and Chancery Court is required to transfer an action or claim to the district court if a party demands a trial by jury in accordance with the Utah Rules of Business and Chancery Procedure and the Business and Chancery Court finds that the party has a right to trial by jury on a claim in the action. H.B. 300 removes the requirement that the Business and Chancery Court be located in Salt Lake City. H.B. 300 has a special effective date with most provisions taking effect on July 1, 2024. Sponsors: Representative Brady Brammer and Senator Kirk Cullimore

Criminal and Juvenile Justice Law

S.B. 76, Evidence Retention Requirements, is a continuation of the Utah Legislature's efforts to clarify the requirements for retaining evidence by providing the time periods for which law enforcement agencies are required to retain evidence of a felony offense. Sponsors: Senator Wayne Harper and Representative Ken Ivory

S.B. 139, Competency Amendments, creates a procedure under which a court may order the ongoing administration of antipsychotic medication to a criminal defendant to maintain the defendant's competency to stand trial. Sponsors: Senator Stephanie Pitcher and Representative Nelson Abbott

S.B. 163, Expungement Revisions, makes changes to expungement statutes, including clarifying venue for an expungement...