Noteworthy Laws Passed During the 2007 Legislative Session
by Neal C. Geddes
The purpose of this article is to highlight some of the noteworthy laws passed during the recent legislative session. As members of the Bar, it is important to be aware of modifications to existing laws, as well as provisions that are altogether new. Please note that this article does not provide a detailed analysis of the bills passed. Accordingly, attorneys are encouraged to initiate a more detailed review of these laws on their own.
Declarations
For many years, un-sworn declarations have been allowed in place of affidavits in federal court. The convenience factor of not needing a notary is obvious. Now declarations may be used in state court. The Utah Legislature passed what is now Utah Code Ann. §46-5-101, and the convenience of un-sworn declarations is available in state court.
Water Law
Here in Utah, water rights are of the utmost public concern. Accordingly, the legislature passed several bills that affect the practice of water law and are likely to be important to many members of the Utah Bar. HB 53, Share Assessment Act, describes how water shares may be assessed, provides rules for assessing shares, and allows enforcement of assessments by various methods, including sale of shares with unpaid assessments. SB 9, “Nonprofit Corporation Amendments,” makes several changes to nonprofit corporations. The bill defines the term “mutual benefit corporation,” and addresses property rights of members of a nonprofit corporation, voting requirements, transactions where an officer or director has a conflict of interest, and prevents the transfer of water rights upon dissolution of a nonprofit corporation.
The passage of HB 65, “Special District Recodification,” was well received by the special district component of the water community. This bill substantially revamps and recodifies the legislative structure of special districts to better match the language of the statute with actual practice. The bill standardizes various provisions relating to district authority such as taxing, bonding, eminent domain authority, district boards of trustees, and local district validation proceedings, among others. Additionally, the bill changes terminology relating to what was known as independent special districts (except for special service districts) so that they will now be known as local districts. The bill also provides an opportunity for local governments to adopt smaller assessment areas to fund smaller projects from the levying of property taxes levied on the areas receiving benefits from increased infrastructure. Due to the length and number of issues addressed in this bill, it is strongly encouraged that water law practitioners conduct a detailed review of this bill.
And I would be remiss if I did not mention HB 20, State Declaration of Water Week. This bill establishes the first full week of May as State Water Week to recognize the importance of water conservation, quality, and supply in the state.
Open Meetings Law
The legislature passed several new laws concerning the Utah Open and Public Meetings Act. HB 10, “Open and Public Meetings Act Amendments,” clarifies the definition of public body. Now, the definition of public body under this Act includes a public body created by the Utah Constitution as well as by statute, rule, ordinance, or resolution. The bill also amends content requirements for written minutes and recordings of open meetings. In addition, the bill makes the judicial branch subject to the Act.
HB 204, “Modifications to Open and Public Meetings,” clarifies that the notice provisions of an emergency meeting under the Act must include notice of the time, place, and topics of the meetings. The bill also provides that, at the discretion of the presiding member of the public body, topics raised by the public that are not included on the agenda may be discussed at the meeting as long as the public body does not take any final action.
Another bill of interest to the bar is HB 22, “Open and Public Meetings,” which modifies the notice requirements in the Interlocal Cooperation Act to ensure that they are consistent with the requirements of the Open and Public Meetings Act. HB 222 also requires a public body to provide public notice of its meetings on the Utah Public Notice Website, unless the public body is a municipality or district that has a budget of less than $1 million. This law also prohibits a court from voiding a final action on the basis that the public body failed to post public notice on the Internet if (a) the public body otherwise complies with the provisions of Utah Code Ann. § 52-4-202 ; and (b) the failure to comply was a result of unforeseen Internet hosting or communication technology failure.
Local Government Law
The legislature also revived the issue of whether community development agencies should have authority to exercise the power of eminent domain. By passing HB 365S1, Eminent Domain Authority for Community Development and Renewal Agencies, the legislature restored a limited power of eminent domain to community development and renewal agencies. This marks a reversal of an earlier bill that stripped eminent domain authority from community development agencies. Now, community and renewal agencies may exercise the authority of eminent domain in an urban renewal project area if the agency board has made a finding of blight, and if certain conditions as set forth in Utah Code Ann. § 17C-2-601 are met.
HB 69, County and Municipal Land Use Provisions Regarding Schools, modifies county and municipal land use provisions relating to schools. The bill adds additional building inspections to a list of requirements that a county and municipality may not impose on school districts or charter schools and modifies the criteria for an improvement project for which a county and municipality may not require a school district or charter school to pay an impact fee.
The legislature also made significant modifications to the Land Use Development and Management Act’s provision regarding the regulation of billboards. HB 352, “Local Government Regulation of Billboards,” provides that a county or municipality is deemed to have initiated the acquisition of a billboard structure by eminent domain if the governmental entity prevents a billboard owner from structurally modifying or upgrading a billboard or relocating a billboard to another specified location. The bill also makes some technical changes to Section 10-9a-511.
Miscellaneous
HB 9, Health Care and Quality Data, modifies Utah Code Ann. § 26-33a-104 and authorizes the Health Data Committee to develop and adopt a plan for the collection of data relating to health care costs and to implement the plan, provided that sufficient funding exists.
HB 286, “School Discipline and Conduct,” amended provisions of the State System of Public Education with regard to school discipline and conduct. This bill makes it unlawful for a school-age minor to engage in disruptive student behavior, and provides that a school-age minor who receives a habitual disruptive behavior citation is subject to the jurisdiction of the juvenile court. The bill also establishes the standards, procedures and administrative penalties for disruptive student behavior and makes it clear that the provisions apply to all schools, including charter schools.
HB 194, “Tampering with Evidence Amendments,” clarifies the acts that constitute the offense of tampering with evidence. Now, a person who takes action to prevent “the production of any thing or item which reasonably would be anticipated to be evidence in the official proceeding or investigation” is guilty of tampering with evidence. The bill also establishes definitions for the terms “official proceeding” and “thing or item.”
Lastly, the legislature modified the criminal code. HB 274, “Violent Crime In Presence of a Child,” requires the judge or board of pardons and parole to consider that the defendant committed a violent criminal offense in the presence of a child. Under the statute, “violent criminal offense” includes any criminal offense involving violence or physical harm, or a threat or attempt to commit violence or physical harm. Persons younger than 14 years of age are deemed to be a child for purposes of this law.
Conclusion
I have only touched the tip of the iceberg with respect to the numerous changes to Utah laws that will affect members of the Utah State Bar. The legislature passed many, many more laws than what I have briefly discussed here. In addition, the short summaries I have provided should not replace a personal review of the text of the new laws. To do that, go the Utah Legislature’s web site: http://www.le.state.ut.us.