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Senate approves several bills, rejects lien‑recovery overhaul on third reading
Summary
Senate recorded approvals on multiple measures (including SB45, SB75, HB57, HB40, HB121, HB104, HB209, SB187) and rejected Third Substitute House Bill 78 (lien recovery fund) after floor debate. Several bills were concurred with House amendments and moved for enrollment or further consideration.
The Utah Senate advanced and approved a series of bills on Feb. 20, 2003, while rejecting a major lien‑recovery fund bill on third reading after sustained floor debate.
Votes at a glance: Senate Bill 45 (lobbyist reporting requirements) — concurred with House amendment (filing deadline changed to five days); recorded 26 ayes, 0 nays, 3 absent. Senate Bill 75 (criminal background checks by political subdivisions operating water systems) — concurred; recorded 25 ayes, 0 nays, 4 absent. House Bill 57 (expansion of protective order) passed unanimously by recorded consent (25 ayes, 4 absent). First substitute House Bill 40 (notice of intent to sell non‑public personal information) passed after a friendly amendment. Additional third‑reading approvals included House Bill 121 (leave for disabled employees, passed), House Bill 104 (disposal of evidence, passed) and House Bill 209 (sentencing for use of dangerous weapon, passed). Senate Bill 187 (eminent domain amendments) passed and will go to the House for consideration.
Third substitute House Bill 78 (lien recovery fund and interest/attorney‑fee adjustments) failed on third reading after opponents argued the fund is depleted and that proposed adjustments would not fix structural funding problems. Senator Jenkins, speaking against elements of the bill and its amendment, warned that the fund was "not really accessible" and that accessing the fund could cost $450 and require a judgment before a supplier could recover, which he said disadvantaged many smaller claimants. The amendment Jenkins proposed to insert 'prime lending rate plus 2%' failed; the full bill failed by a wide margin (4 ayes, 24 nays).
Other procedural business: the Senate refused to concur on amendments to the automobile homicide bill (first substitute SB7) and moved to request the House to receive the Senate’s amendments. Senators also circled Senate Bill 86 (automatic renewal of service contracts) to allow further work on effective notice requirements in the bill.
What’s next: Bills that passed will be returned for enrolling or transmitted to the House as appropriate; sponsors of bills that were circled or failed said they will continue negotiations or reintroduce amendments.
