Enrolled Copy H.B. 216
1 BUSINESS AND CHANCERY COURT AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brady Brammer
5 Senate Sponsor: Kirk A. Cullimore
6
7 LONG TITLE
8 General Description:
9 This bill addresses the establishment of the Business and Chancery Court.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < establishes the Business and Chancery Court;
14 < addresses the postjudgment interest rate for judgments of the Business and
15 Chancery Court;
16 < addresses retention elections for judges of the Business and Chancery Court;
17 < addresses salaries for judges of the Business and Chancery Court;
18 < provides that the Business and Chancery Court is not geographically divided into
19 districts;
20 < provides the number of judges of the Business and Chancery Court;
21 < amends the membership of the Judicial Council to include a member from the
22 Business and Chancery Court;
23 < amends provisions regarding the administration of the courts to address the creation
24 of the Business and Chancery Court;
25 < addresses a judicial hiring freeze for judges of the Business and Chancery Court;
26 < provides that the Business and Chancery Court is a trial court with statewide
27 jurisdiction;
28 < addresses the organization and status of the Business and Chancery Court;
29 < addresses the jurisdiction of the Business and Chancery Court;
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30 < provides that the Business and Chancery Court is the trier of fact and law in an
31 action before the Business and Chancery Court;
32 < addresses a demand for a jury trial in the Business and Chancery Court;
33 < addresses the administration of the Business and Chancery Court, including:
34 C the terms for judges of the Business and Chancery Court;
35 C the presiding judge and associate presiding judge of the Business and Chancery
36 Court; and
37 C staff and management of the Business and Chancery Court;
38 < addresses the location and facilities of the Business and Chancery Court;
39 < enacts a civil fee for the Business and Chancery Court;
40 < addresses decisions and rulings by the Business and Chancery Court;
41 < addresses the selection process for judges of the Business and Chancery Court,
42 including the creation of the Business and Chancery Court Nominating
43 Commission;
44 < amends provisions regarding the Judicial Conduct Commission; and
45 < makes technical and conforming changes.
46 Money Appropriated in this Bill:
47 None
48 Other Special Clauses:
49 This bill provides a special effective date.
50 This bill provides revisor instructions.
51 Utah Code Sections Affected:
52 AMENDS:
53 15-1-4, as last amended by Laws of Utah 2018, Chapter 30
54 20A-12-201, as last amended by Laws of Utah 2022, Chapter 202
55 63A-5b-303, as last amended by Laws of Utah 2022, Chapters 169, 421
56 67-8-2, as last amended by Laws of Utah 2022, Chapter 276
57 77-38-502, as enacted by Laws of Utah 2020, Chapter 112
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58 78A-1-101, as renumbered and amended by Laws of Utah 2008, Chapter 3
59 78A-1-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
60 78A-2-103, as last amended by Laws of Utah 2018, Chapter 25
61 78A-2-104, as last amended by Laws of Utah 2021, Chapter 262
62 78A-2-107, as last amended by Laws of Utah 2018, Chapters 25, 200
63 78A-2-108, as last amended by Laws of Utah 2018, Chapter 25
64 78A-2-110, as renumbered and amended by Laws of Utah 2008, Chapter 3
65 78A-2-113, as enacted by Laws of Utah 2010, Chapter 175
66 78A-2-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
67 78A-2-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
68 78A-2-208, as last amended by Laws of Utah 2016, Chapter 126
69 78A-2-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
70 78A-2-213, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 78A-2-802, as last amended by Laws of Utah 2022, Chapter 334
72 78A-5-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
73 78A-10-103, as last amended by Laws of Utah 2016, Third Special Session, Chapter 7
74 78A-10-104, as last amended by Laws of Utah 2010, Chapter 134 and last amended by
75 Coordination Clause, Laws of Utah 2010, Chapter 134
76 78A-10-301, as enacted by Laws of Utah 2008, Chapter 3
77 78A-10-302, as last amended by Laws of Utah 2010, Chapter 134
78 78A-10-303, as last amended by Laws of Utah 2010, Chapter 134
79 78A-10-304, as enacted by Laws of Utah 2008, Chapter 3
80 78A-10-305, as repealed and reenacted by Laws of Utah 2010, Chapter 286
81 78A-11-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
82 78A-11-103, as last amended by Laws of Utah 2020, Chapters 352, 373
83 78A-11-106, as last amended by Laws of Utah 2018, Chapter 25
84 ENACTS:
85 78A-1-103.5, Utah Code Annotated 1953
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86 78A-2-301.1, Utah Code Annotated 1953
87 78A-5a-101, Utah Code Annotated 1953
88 78A-5a-102, Utah Code Annotated 1953
89 78A-5a-103, Utah Code Annotated 1953
90 78A-5a-104, Utah Code Annotated 1953
91 78A-5a-105, Utah Code Annotated 1953
92 78A-5a-201, Utah Code Annotated 1953
93 78A-5a-202, Utah Code Annotated 1953
94 78A-5a-203, Utah Code Annotated 1953
95 78A-5a-204, Utah Code Annotated 1953
96 78A-5a-205, Utah Code Annotated 1953
97 78A-5a-301, Utah Code Annotated 1953
98 78A-5a-302, Utah Code Annotated 1953
99 78A-10-101.5, Utah Code Annotated 1953
100 78A-10-401, Utah Code Annotated 1953
101 78A-10-402, Utah Code Annotated 1953
102 78A-10-403, Utah Code Annotated 1953
103 78A-10-404, Utah Code Annotated 1953
104 78A-10-405, Utah Code Annotated 1953
105
106 Be it enacted by the Legislature of the state of Utah:
107 Section 1. Section 15-1-4 is amended to read:
108 15-1-4. Interest on judgments.
109 (1) As used in this section, "federal postjudgment interest rate" means the interest rate
110 established for the federal court system under 28 U.S.C. Sec. 1961, as amended.
111 (2) (a) Except as provided in Subsection (2)(b), a judgment rendered on a lawful
112 contract shall conform to the contract and shall bear the interest agreed upon by the parties,
113 which shall be specified in the judgment.
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114 (b) A judgment rendered on a deferred deposit loan subject to Title 7, Chapter 23,
115 Check Cashing and Deferred Deposit Lending Registration Act, shall bear interest at the rate
116 imposed under Subsection (3)(a) on an amount not exceeding the sum of:
117 (i) the total of the principal balance of the deferred deposit loan;
118 (ii) interest at the rate imposed by the deferred deposit loan agreement for a period not
119 exceeding 10 weeks as provided in Subsection 7-23-401(4);
120 (iii) costs;
121 (iv) attorney fees; and
122 (v) other amounts allowed by law and ordered by the court.
123 (3) (a) Except as otherwise provided by law, or as governed by Subsection (4), all other
124 final civil and criminal judgments of the district court [and], the justice court, and the Business
125 and Chancery Court shall bear interest at the federal postjudgment interest rate as of January 1
126 of each year, plus 2%.
127 (b) The postjudgment interest rate in effect at the time of the judgment shall remain the
128 interest rate for the duration of the judgment.
129 (c) The interest on criminal judgments shall be calculated on the total amount of the
130 judgment.
131 (d) Interest paid on state revenue shall be deposited in accordance with Section
132 63A-3-505.
133 (e) Interest paid on revenue to a county or municipality shall be paid to the general
134 fund of the county or municipality.
135 (4) A judgment under $10,000 in an action regarding the purchase of goods and
136 services shall bear interest from the date on which the district court [or], the justice court, or
137 the Business and Chancery Court enters the judgment at 10% plus the federal postjudgment
138 interest rate in effect on January 1 of the year in which the judgment is entered.
139 Section 2. Section 20A-12-201 is amended to read:
140 20A-12-201. Judicial appointees -- Retention elections.
141 (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
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142 at the first general election held more than three years after the judge or justice was appointed.
143 (b) After the first retention election:
144 (i) each Supreme Court justice shall be on the regular general election ballot for an
145 unopposed retention election every tenth year; and
146 (ii) each judge of other courts shall be on the regular general election ballot for an
147 unopposed retention election every sixth year.
148 (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
149 the year the justice or judge is subject to a retention election:
150 (i) file a declaration of candidacy with the lieutenant governor, or with the county clerk
151 in the candidate's county of residence, within the period beginning on July 1 and ending at 5
152 p.m. on July 15 in the year of a regular general election; and
153 (ii) pay a filing fee of $50.
154 (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
155 court judge is subject to a retention election:
156 (A) file a declaration of candidacy with the lieutenant governor, or with the county
157 clerk in the candidate's county of residence, within the period beginning on July 1 and ending
158 at 5 p.m. on July 15 in the year of a regular general election; and
159 (B) pay a filing fee of $25 for each judicial office.
160 (ii) If a justice court judge is appointed or elected to more than one judicial office, the
161 declaration of candidacy shall identify all of the courts included in the same general election.
162 (iii) If a justice court judge is appointed or elected to more than one judicial office,
163 filing a declaration of candidacy in one county in which one of those courts is located is valid
164 for the courts in any other county.
165 (3) (a) The lieutenant governor shall, no later than August 31 of each regular general
166 election year:
167 (i) transmit a certified list containing the names of the justices of the Supreme Court
168 [and], judges of the Court of Appeals, and judges of the Business and Chancery Court
169 declaring their candidacy to the county clerk of each county; and
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170 (ii) transmit a certified list containing the names of judges of other courts declaring
171 their candidacy to the county clerk of each county in the geographic division in which the judge
172 filing the declaration holds office.
173 (b) Each county clerk shall place the names of justices and judges standing for
174 retention election in the nonpartisan section of the ballot.
175 (4) (a) At the general election, the ballots shall contain:
176 (i) at the beginning of the judicial retention section of the ballot, the following
177 statement:
178 "Visit judges.utah.gov to learn about the Judicial Performance Evaluation
179 Commission's recommendations for each judge"; and
180 (ii) as to each justice or judge of any court to be voted on in the county, the following
181 question:
182 "Shall ______________________________(name of justice or judge) be retained in the
183 office of ___________________________? (name of office, such as "Justice of the Supreme
184 Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
185 Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
186 Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
187 County or (name of municipality)")
188 Yes ()
189 No ()."
190 (b) If a justice court exists by means of an interlocal agreement under Section
191 78A-7-102, the ballot question for the judge shall include the name of that court.
192 (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
193 is retained for the term of office provided by law.
194 (b) If the justice or judge does not receive more yes votes than no votes, the justice or
195 judge is not retained, and a vacancy exists in the office on the first Monday in January after the
196 regular general election.
197 (6) A justice or judge not retained is ineligible for appointment to the office for which
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198 the justice or judge was defeated until after the expiration of that term of office.
199 (7) (a) If a justice court judge is standing for retention for one or more judicial offices
200 in a county in which the judge is a county justice court judge or a municipal justice court judge
201 in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any
202 combination thereof, the election officer shall place the judge's name on the county ballot only
203 once for all judicial offices for which the judge seeks to be retained.
204 (b) If a justice court judge is standing for retention for one or more judicial offices in a
205 municipality of the first, second, or third class, as described in Section 10-2-301, the election
206 officer shall place the judge's name only on the municipal ballot for the voters of the
207 municipality that the judge serves.
208 Section 3. Section 63A-5b-303 is amended to read:
209 63A-5b-303. Duties and authority of division.
210 (1) (a) The division shall:
211 (i) subject to Subsection (1)(b), supervise and control the allocation of space, in
212 accordance with legislative directive through annual appropriations acts, other legislation, or
213 statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except
214 as provided in Subsection (3) or as otherwise provided by statute;
215 (ii) assure the efficient use of all building space under the division's supervision and
216 control;
217 (iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by
218 the state or an agency, as authorized by the Legislature through an appropriation act, other
219 legislation, or statute, subject to Subsection (1)(c);
220 (iv) except as otherwise provided by statute, hold title to all real property, buildings,
221 fixtures, and appurtenances owned by the state or an agency;
222 (v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
223 title to or an interest in property belonging to the state or to the state's departments, except
224 institutions of higher education and the trust lands administration;
225 (vi) (A) periodically conduct a market analysis of proposed rates and fees; and
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226 (B) include in a market analysis a comparison of the division's rates and fees with the
227 rates and fees of other public or private sector providers of comparable services, if rates and
228 fees for comparable services are reasonably available;
229 (vii) fulfill the division's responsibilities under Part 10, Energy Conservation and
230 Efficiency, including responsibilities:
231 (A) to implement the state building energy efficiency program under Section
232 63A-5b-1002; and
233 (B) related to the approval of loans from the State Facility Energy Efficiency Fund
234 under Section 63A-5b-1003;
235 (viii) convey, lease, or dispose of the real property, water rights, or water shares
236 associated with the Utah State Developmental Center if directed to do so by the Utah State
237 Developmental Center board, as provided in Subsection 62A-5-206.6(2); and
238 (ix) take all other action that the division is required to do under this chapter or other
239 applicable statute.
240 (b) In m