Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 300
Approved for Filing: J. Carlton 6                            2nd Sub. (Gray)
          6 02-20-24 6:14 PM 6
                         Senator Kirk A. Cullimore proposes the following substitute bill:
                                     COURT AMENDMENTS
                                       2024 GENERAL SESSION
                                            STATE OF UTAH
                                 Chief Sponsor: Brady Brammer
                                 Senate Sponsor: Kirk A. Cullimore
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to courts.
 Highlighted Provisions:
        This bill:
        < amends provisions related to a district court;
        < amends provisions related to court venue;
        < addresses the effect of the consolidation of counties on actions, proceedings, and
 matters pending in the juvenile court;
        < addresses actions pending in the juvenile court for a new county;
        < clarifies the role and duties of a constable;
        < clarifies the jurisdiction of the district court;
        < amends the definition of a public official in Title 63G, Chapter 23, Property
 Donated to State by Public Official, to address a judge of a juvenile court or the                  2nd Sub. H.B. 300
 Business and Chancery Court;
        < allows the presiding officer of the Judicial Council to establish a pool of two district
 court judges to preside over actions in the Business and Chancery Court when there
 are fewer than three judges for the Business and Chancery Court and a Business and
 Chancery Court judge is unable to preside over an action due to recusal or
     *HB0300S02*
       2nd Sub. (Gray) H.B. 300                                                      02-20-24 6:14 PM
 disqualification;
         < amends the jurisdiction of the district court to address a district court judge
 presiding over an action in the Business and Chancery Court;
         < amends the definitions related to the Business and Chancery Court;
         < amends the jurisdiction of the Business and Chancery Court;
         < allows the Business and Chancery Court to resolve all claims for which the
 Business and Chancery Court has jurisdiction and any request for a provisional
 remedy related to a claim that is being transferred to another court due to a lack of
 jurisdiction or a demand for a jury trial;
         < 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;
         < removes the requirement that the Business and Chancery Court is located in Salt
 Lake City;
         < clarifies the jurisdiction of the juvenile court;
         < repeals statutes related to district court jurisdiction; and
         < makes technical and conforming changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         This bill provides a special effective date.
         This bill provides coordination clauses.
 Utah Code Sections Affected:
 AMENDS:
         4-32-112, as renumbered and amended by Laws of Utah 2017, Chapter 345
         8-5-2, as last amended by Laws of Utah 2002, Chapter 123
         10-2-710, as enacted by Laws of Utah 1981, Chapter 55
         10-3-208, as last amended by Laws of Utah 2023, Chapter 45
         10-7-32, as last amended by Laws of Utah 2010, Chapter 378
         10-7-66, as last amended by Laws of Utah 1996, Chapter 198
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     02-20-24 4:45 PM                                            2nd Sub. (Gray) H.B. 300
    10-11-3, as last amended by Laws of Utah 2022, Chapter 432
    11-13-309, as last amended by Laws of Utah 2010, Chapter 378
    13-11-6, as last amended by Laws of Utah 2012, Chapter 152
    13-11a-4, as enacted by Laws of Utah 1989, Chapter 205
    13-11a-6, as enacted by Laws of Utah 2009, Chapter 133
    13-12-7, as last amended by Laws of Utah 2010, Chapter 378
    13-21-8, as last amended by Laws of Utah 2006, Chapter 47
    13-22-3, as last amended by Laws of Utah 2008, Chapter 382
    13-44-301, as last amended by Laws of Utah 2019, Chapter 348
    13-45-401, as last amended by Laws of Utah 2019, Chapter 348
    13-63-301, as enacted by Laws of Utah 2023, Chapter 498
    13-63-501, as enacted by Laws of Utah 2023, Chapter 477
    16-10a-809, as last amended by Laws of Utah 2008, Chapter 364
    17-2-106, as renumbered and amended by Laws of Utah 2009, Chapter 350
    17-3-7, as Utah Code Annotated 1953
    17-16-6.5, as last amended by Laws of Utah 2023, Chapter 45
    17-25-1, as last amended by Laws of Utah 2003, Chapter 204
    17-50-103, as last amended by Laws of Utah 2023, Chapter 15
    17B-1-313, as last amended by Laws of Utah 2023, Chapters 15, 435
    17C-1-102, as last amended by Laws of Utah 2023, Chapter 15
    17C-2-304, as last amended by Laws of Utah 2019, Chapter 376
    17C-5-406, as last amended by Laws of Utah 2019, Chapter 376
    17D-1-212, as enacted by Laws of Utah 2008, Chapter 360
    17D-2-602, as last amended by Laws of Utah 2012, Chapter 369
    17D-4-305, as renumbered and amended by Laws of Utah 2021, Chapter 314
    18-1-4, as enacted by Laws of Utah 2014, Chapter 32
    19-4-109, as last amended by Laws of Utah 2020, Chapter 256
    19-4-113, as last amended by Laws of Utah 2023, Chapter 255
    19-5-115, as last amended by Laws of Utah 2021, Chapter 139
    19-6-115, as renumbered and amended by Laws of Utah 1991, Chapter 112
    19-6-206, as renumbered and amended by Laws of Utah 1991, Chapter 112
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      2nd Sub. (Gray) H.B. 300                                            02-20-24 6:14 PM
     19-6-306, as last amended by Laws of Utah 1995, Chapter 324
     19-6-309, as last amended by Laws of Utah 1992, Chapter 30
     19-6-310, as last amended by Laws of Utah 2009, Chapter 356
     19-6-316, as last amended by Laws of Utah 2010, Chapter 324
     19-6-318, as last amended by Laws of Utah 2010, Chapter 324
     19-6-325, as last amended by Laws of Utah 2010, Chapter 324
     19-6-424.5, as last amended by Laws of Utah 2012, Chapter 360
     19-6-425, as last amended by Laws of Utah 2012, Chapter 360
     19-6-804, as last amended by Laws of Utah 2020, Chapter 27
     19-8-119, as last amended by Laws of Utah 2021, Chapter 202
     23A-13-201, as renumbered and amended by Laws of Utah 2023, Chapter 103
     26B-3-1110, as renumbered and amended by Laws of Utah 2023, Chapter 306
     26B-3-1114, as renumbered and amended by Laws of Utah 2023, Chapter 306
     26B-3-1115, as renumbered and amended by Laws of Utah 2023, Chapter 306
     31A-22-305, as last amended by Laws of Utah 2023, Chapters 69, 185 and 327
     31A-22-305.3, as last amended by Laws of Utah 2023, Chapters 69, 327
     31A-22-321, as last amended by Laws of Utah 2015, Chapter 345
     32B-4-205, as enacted by Laws of Utah 2010, Chapter 276
     34-20-10, as last amended by Laws of Utah 2008, Chapter 382
     34-20-11, as last amended by Laws of Utah 1997, Chapter 296
     34-28-9.5, as enacted by Laws of Utah 2017, Chapter 85
     34A-1-407, as last amended by Laws of Utah 2001, Chapter 291
     34A-5-102, as last amended by Laws of Utah 2016, Chapters 330, 370
     34A-6-202, as last amended by Laws of Utah 2013, Chapter 413
     38-1a-308, as last amended by Laws of Utah 2015, Chapter 303
     38-1a-804, as last amended by Laws of Utah 2020, Chapter 115
     38-1a-805, as enacted by Laws of Utah 2015, Chapter 303
     38-2-4, as last amended by Laws of Utah 1996, Chapter 198
     38-9-204, as renumbered and amended by Laws of Utah 2014, Chapter 114
     38-9-205, as renumbered and amended by Laws of Utah 2014, Chapter 114
     38-9-303, as enacted by Laws of Utah 2014, Chapter 114
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       02-20-24 4:45 PM                                               2nd Sub. (Gray) H.B. 300
       38-9a-201, as last amended by Laws of Utah 2008, Chapter 223
       38-9a-202, as enacted by Laws of Utah 2005, Chapter 93
       38-9a-205, as enacted by Laws of Utah 2005, Chapter 93
       38-11-110, as last amended by Laws of Utah 2010, Chapter 31
       40-8-9, as last amended by Laws of Utah 2007, Chapter 322
       40-8-9.1, as enacted by Laws of Utah 2002, Chapter 194
       40-10-14, as last amended by Laws of Utah 2008, Chapter 382
       40-10-20, as last amended by Laws of Utah 1997, Chapter 99
       40-10-21, as last amended by Laws of Utah 2008, Chapter 382
       40-10-22, as last amended by Laws of Utah 2008, Chapter 3
       41-6a-1622, as renumbered and amended by Laws of Utah 2005, Chapter 2
       51-2a-401, as last amended by Laws of Utah 2018, Chapter 256
       51-7-22.5, as enacted by Laws of Utah 2004, Chapter 248
       53-2d-605 (Effective 07/01/04), as renumbered and amended by Laws of Utah 2023,
 Chapters 307, 310
       53-7-406, as last amended by Laws of Utah 2013, Chapter 394
       53B-28-506, as last amended by Laws of Utah 2023, Chapter 381
       53E-9-310, as last amended by Laws of Utah 2019, Chapter 186
       53G-5-501, as last amended by Laws of Utah 2023, Chapter 54
       54-4-27, as last amended by Laws of Utah 2009, Chapter 388
       54-5-3, as last amended by Laws of Utah 1993, Chapter 214
       54-8a-12, as enacted by Laws of Utah 2008, Chapter 344
       54-8b-13, as last amended by Laws of Utah 2010, Chapter 324
       54-13-7, as last amended by Laws of Utah 2011, Chapter 340
       54-13-8, as last amended by Laws of Utah 2015, Chapter 102
       54-14-308, as enacted by Laws of Utah 1997, Chapter 197
       54-22-205, as enacted by Laws of Utah 2018, Chapter 230
       57-11-11, as last amended by Laws of Utah 2023, Chapter 435
       57-11-13, as last amended by Laws of Utah 2008, Chapter 382
       57-11-18, as enacted by Laws of Utah 1973, Chapter 158
       58-37-11, as enacted by Laws of Utah 1971, Chapter 145
                                                 -5-
      2nd Sub. (Gray) H.B. 300                                             02-20-24 6:14 PM
     63A-3-507, as last amended by Laws of Utah 2021, Chapters 145, 260
     63G-4-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
     63G-7-501, as renumbered and amended by Laws of Utah 2008, Chapter 382
     63G-7-502, as last amended by Laws of Utah 2016, Chapter 33
     63G-20-204, as enacted by Laws of Utah 2015, Chapter 46
     63G-20-302, as enacted by Laws of Utah 2015, Chapter 46
     63G-23-102, as last amended by Laws of Utah 2022, Chapter 125
     63H-1-601, as last amended by Laws of Utah 2022, Chapter 207
     63L-5-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
     63L-8-304, as last amended by Laws of Utah 2023, Chapter 34
     65A-8a-104, as last amended by Laws of Utah 2010, Chapter 40
     67-3-1, as last amended by Laws of Utah 2023, Chapters 16, 330, 353, and 480
     67-3-3, as last amended by Laws of Utah 2018, Chapter 256
     70A-2-807, as enacted by Laws of Utah 1997, Chapter 166
     70C-8-105, as enacted by Laws of Utah 1985, Chapter 159
     70D-2-504, as renumbered and amended by Laws of Utah 2009, Chapter 72
     72-10-106, as last amended by Laws of Utah 2019, Chapter 431
     72-16-401, as last amended by Laws of Utah 2020, Chapter 423
     75-2-105, as last amended by Laws of Utah 2019, Chapter 264
     75-2-801, as last amended by Laws of Utah 2011, Chapter 366
     75-2a-120, as enacted by Laws of Utah 2007, Chapter 31
     75-5a-102, as enacted by Laws of Utah 1990, Chapter 272
     75-7-105, as last amended by Laws of Utah 2019, Chapter 153
     75-7-203, as repealed and reenacted by Laws of Utah 2004, Chapter 89
     75-7-205, as repealed and reenacted by Laws of Utah 2004, Chapter 89
     75-11-102, as enacted by Laws of Utah 2017, Chapter 16
     76-10-1605, as last amended by Laws of Utah 2008, Chapter 3
     78A-1-103.5 (Effective 07/01/24), as enacted by Laws of Utah 2023, Chapter 394
     78A-5-102, as last amended by Laws of Utah 2022, Chapters 155, 318
     78A-5a-101 (Effective 07/01/24), as enacted by Laws of Utah 2023, Chapter 394
     78A-5a-103 (Effective 10/01/24), as enacted by Laws of Utah 2023, Chapter 394
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        02-20-24 4:45 PM                                                   2nd Sub. (Gray) H.B. 300
         78A-5a-104 (Effective 07/01/24), as enacted by Laws of Utah 2023, Chapter 394
         78A-5a-204 (Effective 07/01/24), as enacted by Laws of Utah 2023, Chapter 394
         78A-6-103, as last amended by Laws of Utah 2023, Chapters 115, 161, 264, and 330
         78A-7-106, as last amended by Laws of Utah 2023, Chapter 34
         78B-6-105, as last amended by Laws of Utah 2023, Chapter 115
         78B-6-112, as last amended by Laws of Utah 2021, Chapter 262
         78B-6-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
         78B-6-408, as renumbered and amended by Laws of Utah 2008, Chapter 3
         78B-6-1238, as renumbered and amended by Laws of Utah 2008, Chapter 3
 REPEALS:
         17D-3-104, as enacted by Laws of Utah 2008, Chapter 360
         78B-12-103, as renumbered and amended by Laws of Utah 2008, Chapter 3
 Utah Code Sections Affected By Coordination Clause:
         13-63-301, as enacted by Laws of Utah 2023, Chapter 498
         78B-12-103, as last amended by Laws of Utah 2023, Chapters 115, 161, 264, and 330
196
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 4-32-112 is amended to read:
         4-32-112. Judicial review of orders enforcing chapter.
         (1) Any party aggrieved by an order issued under Subsection 4-32-109(4) or under
 Subsection 4-32-110(1), (2), or (3) may obtain judicial review.
         [(2) The district courts have jurisdiction to enforce this chapter, and to prevent and
 restrain violations of this chapter, and have jurisdiction in all other kinds of cases arising under
 this chapter.]
         [(3)] (2) All proceedings for the enforcement of this chapter, or to restrain violations of
 this chapter, shall be by and in the name of this state.
         Section 2. Section 8-5-2 is amended to read:
         8-5-2. Action in court for title to lots.
         (1) If [either] the grantee, or person claiming through the grantee, fails to comply with
 the demand or notice, the municipality or cemetery maintenance district may bring an action in
 [the district court of the county in which the cemetery is located] a court with jurisdiction under
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        2nd Sub. (Gray) H.B. 300                                                      02-20-24 6:14 PM
 Title 78A, Judiciary and Judicial Administration, against all parties who have not responded to
 the notice for the purpose of terminating the rights of the parties in the lots or parcels and
 restoring the lots or parcels to the municipality or cemetery maintenance district free of any
 right, title, or interest of the grantee, persons claiming through the grantee, their heirs, or
 assigns.
         (2) Any action to reclaim title to grave sites, parcels, or lots shall be brought and
 determined in the same manner as actions concerning other real property.
         (3) The portion of any grave site, lot, or parcel in which a body is buried may not be
 included in any action to revest title to the lot, site, or parcel in the municipality or cemetery
 maintenance district, and the grave site in which a body is interred shall remain undisturbed
 together with any adjoining property so as to allow the proper approach to the grave site.
         Section 3. Section 10-2-710 is amended to read:
         10-2-710. Limitation on jurisdiction of court to consider disincorporation
 petition.
         [No district court has jurisdiction to] A court may not consider a petition seeking
 disincorporation of a municipality or to order an election based upon the submission of such a
 petition if:
         (1) the disincorporation petition is filed with the court less than two years after the
 official date of incorporation of the municipality which the petition seeks to dissolve; or
         (2) the disincorporation petition is filed with the court less than two years after the date
 of an election held to decide the question of dissolution of the municipality which the petition
 seeks to dissolve.
         Section 4. Section 10-3-208 is amended to read:
         10-3-208. Campaign finance disclosure in municipal election.
         (1) Unless a municipality adopts by ordinance more stringent definitions, the following
 are defined terms for purposes of this section:
         (a) "Agent of a candidate" means:
         (i) a person acting on behalf of a candidate at the direction of the reporting entity;
         (ii) a person employed by a candidate in the candidate's capacity as a candidate;
         (iii) the personal campaign committee of a candidate;
         (