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Senate advances bill to let some public employees seek reimbursement for legal fees after mixed criminal outcomes
Summary
First substitute House Bill 421 — permitting certain public employees to seek reimbursement for attorney fees when some charges are dismissed even if convicted of an unrelated offense — passed the Senate after floor debate and a failed retroactivity amendment; final tally reported 23–1, with five absent.
The Senate considered First Substitute House Bill 421 on March 4, 1998, a measure sponsors described as addressing fairness for public employees charged with multiple criminal counts. Senator Hilliard, the floor sponsor, told the chamber the bill would allow an employee to file for attorney-fee reimbursement for counts dismissed or not related to a separate conviction, treating each charge separately for reimbursement purposes.
An amendment offered by Senator Wadhams would have removed the bill’s retroactive application; Wadhams said he had been assured the retroactivity might apply to a single, egregious instance but was concerned the change could pull in additional claims and significantly affect county risk pools. "It does take out the retroactivity, but the bill, I think, puts him on notice that be really careful in the future," he said when offering the amendment.
Supporters of the sponsor opposed removing retroactivity, arguing the bill was narrowly written (claims must be filed within two years) and intended to address a particularly unfair, limited circumstance. Senator Hilliard said the bill would help a person caught in a particular circumstance and that the body should decide whether retroactive relief was appropriate.
The Senate voted on the Wadhams amendment; the amendment failed on the floor (voice vote and ruling recorded). The chamber then called the question on the bill and recorded a roll-call result reported as: "First substitute House Bill 421 has 23 aye votes, 1 nay vote, 5 being absent." The measure will be signed in open session and returned to the House for its signature.
What it does: As described on the floor, the bill treats separate charges independently for purposes of a reimbursement claim when convictions on unrelated counts would otherwise bar recovery; it includes a two-year filing limitation referenced by the sponsor.
Sources: Floor remarks by Senator Hilliard (sponsor) and Senator Wadhams (amendment proponent), roll-call announcements, March 4, 1998, Utah State Senate session.
