S.B. 12 Sunset and Repeal Date Amendments: transcript

Thank you. And this, this one's a little bit easier than the last one. Um, this extends the Sunset date for Utah's Alternative Dispute Resolution Act from July 1st through, uh, 2026 with the 10 year extension, which would preserve mediation and arbitration options that allow parties to resolve disputes efficiently without going through the full court litigation. This BA makes no policy or funding changes. This is a technical extension to continue existing law. And let me just say, as a practicing attorney myself, um, if we ended mediation and arbitration in this state, we'd need to build twice as many courthouses and hire twice as many judges because the vast majority of settlements are happening in a mediation. It's probably the best thing, um, that's going on in Utah right now. Um, and, and it's hard to settle a case, especially some complex cases. Uh, high conflict divorces outside of mediation. It's just, um, usually attorneys kinda flexing and posturing. And then when you get in front of a mediator, um, you know, uh, you can kind of work through all that. Um, I will say the last thing I'll say in my presentation, when I started practicing law in 1996 in this state, most mediations were done like in person in the same room. Today, they're almost never in the same room. They'll keep the parties separate and the mediator goes back and forth. Um, but they're almost all, almost most of 'em are done on Zoom now. Um, it's just easier for everyone. Uh, and they put you in separate zoom rooms. I actually have two of my partners at my law firm that almost, well, I have, I have several partners that mediate. Two of them do it almost like a hundred percent of the time that's all they do is mediate, and they're very good at it. Um, but, uh, anyways, that concludes my presentation.

Yes. Thank you. Seth Stewart, representing myself from American Fork. Um, I would like to propose a problem, a solution to the problem of attorneys flexing and posturing. Return to the trial by jury and de complicate the legal code. If you have, if you make fewer legal maneuvering tools available to the attorneys involved, and you allow representation by those who are not government licensees, you can gain access to pretty reasonable verdicts from a jury. It's a great system. And, uh, with this all recommend one of my favorite books. It's by Suji Thomas. It's called The Missing American Jury. And she points out how these alternative dispute resolution mechanisms have actually displaced juries and actually led to the excess of legal codification with all these maneuvers and sophistication and increased legal expenses. And frankly, if it's efficiency that we really want for the public rather than for only the, uh, the government then, which, which is more in line with what we really owe to the public, is we, we owe them expedient justice rather than, uh, just efficient processing of cases. So anyways, with that, I recommend that book, the Missing American Jury. I, everybody, everybody should read it. We went from a hundred percent of criminal cases being tried to a jury to less than 1% in many jurisdictions before COVID. And civil trials have actually gone down very significantly as well. So, with that all

Uh, I move to favorably recommend Senate Bill 12 to the house floor for their consideration.

I'll waive. All right.

Let me just say this. Bill has nothing to do with jury trials. Um, I am an attorney who has tried cases by jury in both state and federal court. I had a two week jury trial about a year and a half ago in in Box Elder County. Um, every, every jury trial I've had has cost my clients twice as much money as if we didn't have a jury. Because of the preparation, we have to dumb everything down. We have to take twice as much time the jury instructions. Um, it's a horrible idea. The Seventh Amendment, uh, does not guarantee jury trials for every type of case and for, for instance, family law cases. And the last thing I would ever want is a jury trial for a family law case, um, because it would be a complete disaster. Um, that's my summation.

Um, Mr. Chair, if it's okay, I'd like to do, um, SB 12 and then SJ SJR seven, and then SB 1 54, if that's okay in that order. SB 12 then what? Uh, SJR seven and then 1 54.

SB 12, alternative dispute resolution amendments. Yeah, so this you Thank you. This bill extends the Sunset date for Alternative Dispute Resolution Act from July 1st, 2026 to July 1st, 2036. It was a judiciary interim committee bill. It, it passed, uh, with 12 voting for, and one voting against, I think the one vote against just said we want this to go through the committee. We don't want to skip a committee. Um, but that concludes my, my presentation With the conclusion of your presentation.

I recommend that we pass out with a favorable recommendation Senate Bill 12 to the full body of the Senate.

I'll waive To the sponsor. I'll waive, I'll restate the motion.

This bill extends the Sunset date for Utah's Al Alternative Dispute Resolutions Act from July 1st, 2026 to July 1st, 2036. I'll yield to any questions. Say no questions to you for a motion. Um, I'm not sure what we're doing with Sunset Bills, but I'll move to read it. Senate Bill 12 for a third time. I think when they get to the other body, they'll, they'll be held. Okay. But, uh, we will pass them outta here and send him to the house.

Senator Vickers Baldy Aye. Lewin Aye. Bremmer bus Comore Aye. As Camilla Fillmore Aye. Grover Aye. Harper Kins. Ipson Aye. Johnson Aye. Fawn Aye. McKay, Mikel Milner Musman Musman Aye. Owens pitcher Plum Rebi Sandal Stevenson Stratton. Yes. Vickers Aye. Weiler Aye. Wilson Aye. Winterton Aye. President Adams Aye. Senate Bill 12, having received 25 yay votes, zero na votes,

Senator Vickers. Thank you Mr. President. Um, I'm kinda hoping that this adds a little more excitement

Thank you Mr. President pro Tem. This is a Sunset extension for a DR. It's a good bill. Thank you.

Move that SB 12 Pass And the question is, shall Senator Bill 12 pass Roll call vote.

Senator Vickers. Thank you Mr. President ProAm. This is, uh, certainly the most intriguing bill that I've run this year and a different bill than I've probably run in the past. So I would just say that if you're, if you are into bestiality and animal pornography and you think it's okay to produce and distribute, you probably shouldn't vote for this.

Thank you Mr. Speaker. I would move that we adopt substitute two in my name.

I would love to. Colleagues. When I started here eight years ago, we ran a separate bill for every Sunset extension and it was super exciting and it took a ton of committee time and it took a ton of time on the floor and we were trying to minimize this process by putting them all into one bill. So substitute two just includes some that we missed.

Thank you. Will the sponsor yield to a question? Representative Stoddard, will you yield?

I would be honored, Yes. Representative Walter,

Would you just identify the, uh, sunsets that were missed that are included in the second substitute?

Um, yes. Just one second. My screen just froze. Rolling down to the list. Okay, so here's the ones that it extends. The State Weed Committee, the Bears Ears Visitor Center Advisory Committee, the land use and m and a domain Advisory board, the Rare Disease Advisory Council Grant Program, the Newborn Hearing Screening Committee, the Mobile Crisis Outreach Team Grant Program, the Behavioral Health Receiving Center Grant Program, the Child Childcare Advisory Committee, the Healthcare Provider's Immunity from Liability Act, the Behavior Analyst Licensing Act, the Behavioral Health Crisis Response Committee, and Associated Provisions, the Utah Commission on Aging and the Alternative Dispute Resolution Act.

Thank you Mr. Speaker. Uh, there's a couple of sunsets that we did not renew this year. I just wanted to make sure they weren't in the bill. Thank you. Uh, that concludes my questions.

I will waive, I'll go ahead and place the motion.

Thank you Mr. Speaker. Now this is a bill that has a lot of really important extensions. Um, all of these things are issues that we've worked on that still have work to be done. Um, specifically I am interested in the alternative dispute resolution. It's a way for people to get their court matters resolved more quickly and more inexpensive. And, um, all these things are ones that had bills supporting them in extending them. And Senator Weiler just gave me the opportunity to present on all of them. So open to any questions.

Thank you Mr. Speaker. Motion to adopt House Amendment one.

It? I would. I love that these Sunset and repeal dates are now combined into this bill. So since it's a new process, uh, there was one that was, uh, left out and that is an, an addition of the Speech Language Pathology and Audiology Licensing Act. The hearing instrumental, uh, specialist Licensing Act, uh, to be sunsetted in 28 36, um, as initially proposed in the policy. Bill.

That is a friendly amendment.

Thank you Mr. Speaker. Will the sponsor of the, uh, amendment yield to a question? Representative Ballard, will you yield? Yes.

Thank you Mr. Speaker. I'm just wondering what was the underlying policy? Uh, bill that had this Sunset extension?

It was HB 3 74, uh, that was brought forward to our Business and Labor Committee, um, to, uh, as part of the ler uh, review sunsets that they do or not review since, excuse me, the review of licensure of those, uh, different, uh, licenses throughout the state. And this was one that they evaluated. So initially we had the Sunset in that bill, but with this, um, it was recommended to take it out and have it part of the Sunset bill instead of part of the policy bill.

Sorry, would she yield to another question? Mr. Speaker?

Thank you Mr. Speaker. I'm just taking a look at that. In HB three, um, 74. So this originally had a Sunset extension and then you pulled it out to ensure that it would be in the Sunset Bill. Is that correct?

Uh, yes. Mr. Speaker, the, the main reason is because in initially we had put a different, uh, date thinking we could align LERs uh, review with Sunset, and then it was determined that we probably need to keep them separate. So, um, that was also part of putting this in the regular Sunset schedule that was set, um, instead of in the policy.

Thank you Mr. Speaker. Mr. Speaker, um, I'd love just a little bit of time to just double check this. One of the things that we've tried to ensure with the Senate is as we were looking at this omnibus Sunset bill, that all of the bills that got incorporated into this bill, uh, proceeded through the process on their own merits and then Uintah under our, our rules, the joint leadership to look at workload extensions and making sure that both bodies were comfortable with that. That may be the case with, with this, I'm just not positive. I'd love just to a second to, to review that and make sure that both sides are okay with that.

Thank you Mr. Speaker. Substitute motion.

Uh, yes. Motion to circle.

Uh, that would be fine.

Um, i, I support the per the motion, not the person who made it.

Thank you. It's hard to see. Thank you Mr. Speaker. I just would like the, I I hope the body will support the motion. I also hope the body also recognizes that just a little bit of power up there can change a man.

Thank you Mr. Speaker. I would move that we adopt substitute two in my name.

I would love to. Colleagues. When I started here eight years ago, we ran a separate bill for every Sunset extension and it was super exciting and it took a ton of committee time and it took a ton of time on the floor and we were trying to minimize this process by putting them all into one bill. So substitute two just includes some that we missed.

Thank you. Will the sponsor yield to a question? Representative Stoddard, will you yield?

I would be honored, Yes. Representative Walter,

Would you just identify the, uh, sunsets that were missed that are included in the second substitute?

Um, yes. Just one second. My screen just froze. Rolling down to the list. Okay, so here's the ones that it extends. The State Weed Committee, the Bears Ears Visitor Center Advisory Committee, the land use and m and a domain Advisory board, the Rare Disease Advisory Council Grant Program, the Newborn Hearing Screening Committee, the Mobile Crisis Outreach Team Grant Program, the Behavioral Health Receiving Center Grant Program, the Child Childcare Advisory Committee, the Healthcare Provider's Immunity from Liability Act, the Behavior Analyst Licensing Act, the Behavioral Health Crisis Response Committee, and Associated Provisions, the Utah Commission on Aging and the Alternative Dispute Resolution Act.

Thank you Mr. Speaker. Uh, there's a couple of sunsets that we did not renew this year. I just wanted to make sure they weren't in the bill. Thank you. Uh, that concludes my questions.

I will waive, I'll go ahead and place the motion.

Thank you Mr. Speaker. Now this is a bill that has a lot of really important extensions. Um, all of these things are issues that we've worked on that still have work to be done. Um, specifically I am interested in the alternative dispute resolution. It's a way for people to get their court matters resolved more quickly and more inexpensive. And, um, all these things are ones that had bills supporting them in extending them. And Senator Weiler just gave me the opportunity to present on all of them. So open to any questions.

Thank you Mr. Speaker. Motion to adopt House Amendment one. Thank you representative. That motion is in order. Would you like to speak to It? I would. I love that these Sunset and repeal dates are now combined into this bill. So since it's a new process, uh, there was one that was, uh, left out and that is an, an addition of the Speech Language Pathology and Audiology Licensing Act. The hearing instrumental, uh, specialist Licensing Act, uh, to be sunsetted in 28 36, um, as initially proposed in the policy. Bill.

That is a friendly amendment.

Thank you Mr. Speaker. Will the sponsor of the, uh, amendment yield to a question?

Yes. Representative Teuscher.

Thank you Mr. Speaker. I'm just wondering what was the underlying policy? Uh, bill that had this Sunset extension?

It was HB 3 74, uh, that was brought forward to our Business and Labor Committee, um, to, uh, as part of the ler uh, review sunsets that they do or not review since, excuse me, the review of licensure of those, uh, different, uh, licenses throughout the state. And this was one that they evaluated. So initially we had the Sunset in that bill, but with this, um, it was recommended to take it out and have it part of the Sunset bill instead of part of the policy bill.

Sorry, would she yield to another question? Mr. Speaker?

Yes. Representative Teuscher.

Thank you Mr. Speaker. I'm just taking a look at that. In HB three, um, 74. So this originally had a Sunset extension and then you pulled it out to ensure that it would be in the Sunset Bill. Is that correct?

Uh, yes. Mr. Speaker, the, the main reason is because in initially we had put a different, uh, date thinking we could align LERs uh, review with Sunset, and then it was determined that we probably need to keep them separate. So, um, that was also part of putting this in the regular Sunset schedule that was set, um, instead of in the policy.

Thank you Mr. Speaker. Mr. Speaker, um, I'd love just a little bit of time to just double check this. One of the things that we've tried to ensure with the Senate is as we were looking at this omnibus Sunset bill, that all of the bills that got incorporated into this bill, uh, proceeded through the process on their own merits and then Uintah under our, our rules, the joint leadership to look at workload extensions and making sure that both bodies were comfortable with that. That may be the case with, with this, I'm just not positive. I'd love just to a second to, to review that and make sure that both sides are okay with that.

Thank you Mr. Speaker. Substitute motion.

Uh, yes. Motion to circle.

Uh, that would be fine.

Um, i, I support the per the motion, not the person who made it.

Representative Snider, do we really have to go back here? Thank you. It's hard to see. Thank you Mr. Speaker. I just would like the, I I hope the body will support the motion. I also hope the body also recognizes that just a little bit of power up there can change a man.

Thank you Mr. President. This is a good bill. This is the omnibus bill for all of the Sunset, uh, provisions that have passed. And they all got dumped into my Bill, Inc. This, or originally started off as just the Sunset extension for the arbitration Act, but now it's, uh, everything and its cousin. So with that, I'll yield to any questions or, uh, move for oh, uh, uh, oh. A motion to Concur. Motion to Concur.

They added all of the other Sunset provisions into this one Bill

Is, uh, do you have a, uh, would you mind reading the list of all the Sunset at organizations or unsu sunsetted organizations? Uh,

It's lines nine through 21 of the bill, uh, state Weed Committee. The Bears Ear Visitor Center Advisory Committee, the Land Use and Eminent Domain Advisory Board, the Rare Disease Advisory Council Grant Program, the Newborn Hearing Screening Committee, the Mobile Crisis Outreach Team grant program, behavioral Health Receiving Center Grant Program, the Childcare Advisory Committee, the Healthcare Providers Immunity and Liability Act, the Behavior Analysis Licensing Act, the Behavioral Health Crisis Response Committee, the Utah Commission on Aging. And my original bill, the Alternative Dispute Resolution Act.

Thank you. Are there, uh, in that bill, are there any sunsets that are being removed for permanent purposes?

It removes the Sunset date regarding the lead acid battery disposal, and it also extends the repeal date for the Rural Physicians Loan Repayment Program Advisory Committee.

That's my, that, that helps me Very much. Thank you.

Vote. Senator Vickers Baldy Lewin Brammer Bus Aye. Gilmore. Ms. Camilla Aye. Fillmore Aye. Grover Harper. Aye. Hankins Ipson Aye. Johnson Aye. Quan McKay. Mikel Milner. Musselman Owens pitcher Aye. Lum Rebi Aye. Sandal Aye. Stevenson Stratton. Oh. Joel Aye. Bickers. Okay. Er aye. Wilson Aye. Winterton Aye. President Adams Aye.

Uh, Mr. Speaker, this is a bill we were looking at yesterday. There was amendment made, uh, that the sponsor is going to make again. Um, there were some questions about whether or not it had followed the process to be put in this omnibus Sunset. Bill, and I'm open to any questions.

Thank you Mr. Speaker. Motion to adopt House Amendment one.

Let me grab that amendment. That amendment is amendment number one under Representative Ballard's name? Yes. Um, this just includes the speech language pathology, audiology Licensing Act, hearing Instrumental Specialist Licensing Act into the Sunset revision. Bill.

This is a friendly amendment.

Thank you. Mr. Speaker Just wanted to clarify things. Yesterday, there was a little bit of question of how this worked through. Um, we had generally treated bills that had a Sunset, but more policy language allowed to go through. And only those bills that had a Sunset date were, were swept into this, but there was a little bit of confusion. So this was, this Sunset was taken out of a bill that had passed through the house that the Senate is okay with. We confirmed that on both sides. And so we have no, uh, or I don't have any concern. I don't know of anyone has concern with adding this amendment.

Thank you, Mr. Speaker. Uh, colleagues, I didn't think I would ever get to run an omnibus bill unless I made it to Congress, but I'm excited about this one. Uh, we have taken a lot of work and time that we usually spend on these types of bills and put it in this one and I'd ask for your support.

Yes. Uh, for, for, for Senator, um, McKay's benefit this repeals a bunch of or extends a bunch of Sunset, uh, Sunset extensions and then it repeals one. I made the presentation this morning, but now we actually have the bill and I'll yield to any questions.