Judiciary Committees Wrap Up Work for Year

In what was expected to be the last meetings of the year for the House and Senate Judiciary committees, legislators dealt with several issues of interest to lawyers. The marathon sessions this week lasted more than a combined total of 22 hours. Among the items addressed were:

• Legislation to codify an end to joint and several liability (SB 2141, HB2810) and further limit punitive damages in vicarious liability cases (SB 2637, HB 3125) were both “taken off notice” -- signifying the sponsors’ intention not to pursue passage this year.

• Legislation to codify a duty of care to trespassers (SB 2719, HB 2983) was recommended for passage.

• A bill to require payment of up to $5,000 in costs to a prevailing party in certain limited cases in which a motion to dismiss is granted (SB 2638, HB 3124) will move forward for consideration.

• Legislation to change the rate of interest on judgments (SB 2705, HB 2982) was recommended in both houses but faces an uncertain future because of differences between the two versions.

• The TBA-backed bill to revise various provisions of probate law (SB 2948, HB 3237) received a favorable recommendation.

• A bill that would have significantly impacted conservatorship proceedings (SB 2519, HB 2648) was recommended after adoption of TBA amendments to limit is impact while agreeing to study the issues further.