Legislative Report

• Publication year: 1989
• Pages: 37
• Citation: Vol. 2 No. 1 Pg. 37

LEGISLATIVE REPORT Vol. 2 No. 1 Pg. 37 Utah Bar Journal January, 1989

1989 Legislative Preview

An Analysis of the Composition of the 48th Legislature and Selected Issues It Will Likely Consider

When the 1989 General Session of the Utah Legislature convenes on January 9, 1989, twenty of its 104 seats will be occupied by new legislators. Seventeen of the 75 seats in the House of Representatives will change hands, as eight Republicans replace fellow Republicans, four Republicans sit in seats previously held by Democrats, and five Democrats take seats previously held by Republicans. The result is a net gain of one seat by the Democrats, leaving the balance of power in favor of the Republicans by a margin of 47 to 28, still a considerable majority, but insufficient without bipartisan assistance to effect the two-thirds majority required to take such actions as suspending procedural rules, cutting off debate, overriding gubernatorial vetoes, adopting early effective dates for legislation, and acting on proposed constitutional amendments.

The new House of Representatives will also see some major changes in its leadership. Nolan E. Karras (R-Weber) will re place Glen E. Brown (R-Rich, Morgan, Summit, Wasatch) as Speaker of the House, Craig Moody (R-Salt Lake) will move into Rep. Karras' former position as majority leader, David M. Adams (R-San Juan, Grand) will replace defeated Olene S. Walker as majority whip, and Byron R. Harward (R-Utah) will replace retired Jack F. DeMann as majority assistant whip. On the Democratic side of the aisle, Mike Dmitrich (D-Carbon, Emery, Grand) will retain his position as minority leader, Frank R. Pignanelli (D-Salt Lake) will replace Blaze D. Wharton (D-Salt Lake) as minority whip, and Brent H. Goodfellow (D-Salt Lake) will remain as minority assistant whip.

In the Senate, three of its 29 seats will change hands. Of these, two will be held by Republicans replacing other Republicans, and one will be held by a Republican taking a seat previously held by a Democrat, resulting in a net gain of one seat by the Republicans to increase its majority to 22 to 7 (over 75 percent of the Senate). No changes will be made in the Senate leadership. Arnold Christensen (R-Salt Lake) will remain as Senate president, Cary G. Peterson (R-Juab, Millard, Sanpete, Wayne, Piute, Sevier, Beaver) will be majority leader, and Dix H. McMullin (R-Salt Lake) will be majority whip. W. Rex Black (D-Salt Lake) will remain as minority leader and Eldon A. Money (D-Utah) will be minority whip.

At the date of this writing, chairmen and membership of the legislative committees have not yet been assigned.

Several major issues of general interest to members of the Bar have been proposed for consideration at the 1989 General Session. A few of these proposals are summarized below.

PUNITIVE DAMAGES. The Tort and Insurance Reform Task Force (the "task force") created during the 1988 Legislature and comprised of 19 members appointed by the President of the Senate and the Speaker of the House, after studying several proposal relating to the issue of punitive damages, endorsed proposed legislation^[1]...