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Show The Salt Lake Tribune 4A S rd.a?:.Ielniafy Lawmakers Debate Limit ) 8' M Hikes Circuit Court Jurisdiction Cj&aff8W Senate Approves 5 -- Bill Judiciary Package C Page One are driven by a fifth that doubles the filing fee in every state court. plained that merchants were not Continued From Continued From Page One the cifte, especially pertaining to gifts. Instead, they adjourned for the noon flinch recess. (The lunch, as is the custom in the Utah Legislature, likely was provided by a special in- terest (group & ) Before adjourning, House members frappled with setting a dollar limit cm the value of tickets, dinners, tnnkejs and other items that legislators rdeeive. The Senates version of the resoju-tio- n siis the limit for personal hospitality at $100. Rep. Richard L. Maxfield, suggested $25, but his motion was defeated. Unrealistic Limit It wks unrealistic to expect a legislator and spouse to be taken to dinner for $25 these days, said Rep. H. Craig Moody, Rep, Maxfield said he is annoyed that, because hes a legislator, he gets Christmas cards from people or group; hes never heard of. I say have them go chase themselves, he said. ; He also questioned why people and groups, if they arent trying to influence lawmakers, offer tickets and d lb tiers in the first place. He asked is colleagues: Why is there a need to take any of it? Annual Ceiling Lake Rep. Ted D: Lewis, City, tried setting the limit to all gifts totalling $250.in value a year. , That,, would force legislators to carry around a notebook to keep track of evfery item that comes their way, said Rep. Joseph A. Jenkins, , lt Arguing that time was needed to form aconsensus on the resolutions language, Rep, Moody moved to circle (J delay vote on the matter. I dont think circling this bill will resolveyour conscience," said Rep. Tom Christensen, "Lets get this bill out today. Although the proposed code requires h lawmaker to disclose any personal or., pecuniary interest in a given piece of legislation, the language is vague, said!. Rep. Nolan E. Karras, The legislature is dealing with a bill requiring young children to be strapped In protective car seats and another to protect vegetation on private lands. ttt I IM H lM fff If Tough Battle Seen For Resolution Seeking N-Del- ay The legislative resolution calling for a mutual moratorium on production and deployment of nuclear weapons remained alive Thursday, but facing an uphill climb on a crowded late session business calendar. Lake Sen. Terry Williams, City, gained committee approval on a split vote to send his original resolution back to the Senate floor for debate with an amendment supporting the Geneva arms reduction negotiations between the Soviet Union and the United States. Eatlier a substitute version by Lake Fred W. Finlinson, Sen. lt City, had been approved by the committee and sent to the Senate expressing such support, but removing a moratorium call a position representative of the Reagan administration policy. The resolution, how- ever, was committed back to committee with Sen. Williams objecting that his name remained on a resolution he couldnt support. Greatest Debate Of the five bills, the one that attracted the greatest debate provides for an increase in the jurisdiction of disputes in small claims courts, from $400 to $1,000. It also reads that no person or corporation may file 'more than five claims per month in the court. , This will have a devastating effect on us, said Earl Russell, the credit manager uf ZCM1. Like other retailers and some utilities, ZCMI uses small claims courts extensively. Under current law, said Mr. Russell, ZCMI files approximately 20 claims a week in the court. Currently, Individuals or businesses are limited to 20 filings per trial calendar, with a calendar being 80 cases, said Jim Schmidt, a clerk in the small claims court in Salt Lake City. Bad checks bring most people to the court, and other heavy users include Mountain Fuel Supply Co., Grand Central and Smiths, said Mr. Schmidt. Mountain Fuel Comment Curt Burnett, a Mountain Fuel Co. spokesmen, said of the bill: This will hinder our ability to collect delinquent bills, and our inability to reduce our debt would, or course, affect people's rates. The court has been a very effective way to reduce our debt, and that debt ultimately is going to be paid for by customers in the form of higher rates. came in the form approved late in Senate floor debate Thursday, on a motion by Sen. Wayne L Sandberg, He observed that many businesses are abusing the court as a collection agency. With Sen. Sandbergs amendment under consideration, Sen. William T. Barton, Valley City, attempted to filing ceiling at place the 20, but his effort failed. The small claims court bill. House with Sen. Bill 93, was approved 19-Lake Richard J. Carling, He lone com the opponent. City, The limitation of an amendment per-mon- th 1, R-S- ing given the opportunity be- to comment. Package of Bills The five bills in the package are. HB90, placing the chief justice of the Utah Supreme Court on the Utah Judicial Council; HB91, permitting the transfer of Cases to the circuit court; HB92, increasing the circuit courts jurisdiction to $10,000; HB93, the small claims court bill; and HB94, raising the filing fees. The five bills are sponsored by a Rep. Lyle W. Hillyard,' lawyer, who when debate on the five bills began Wednesday, said he is a convert to the legislation. Speaking of HB91, Rep. Hillyard said, As a lawyer, I was jealous about the rights (of appeal) we now .have under the law, but he justified his ultimate support of the bill, he said, after being persuaded it would improve the lot of the five Supreme Court justices. They are said to be overwhelmed by filings about 700 iast year. Moreover, said Rep. Hillyard, research has found that circuit court judges often do not have full caseloads. Routine Appeals . Thirty percent of the 700 appeals ' to the high court involved cases in which less than $5,000 was in dispute, he said, and appeals are routinely made for the sake of causing delay and to save money on interest that parties to the suits ultimately will pay. These are familiar pleadings, heard for years from justices and others who seek to have an intermediate court of appeals created in Utah, to reduce the caseload that reaches the high court. With that background, Sen. Dale E. Stratford, criticized the bill as an oblique attack, and said ' that lawmakers ought to create the appellate court if reduction in appeals is the ultimate goal. Lets face the issue and be responsible, he said, and not patch the law. Give the Opportunity ' He added: People who file in district court do so with purpose, knowing they have the right of appeal. , and to many people $8,000 or $9,000 (sums under the proposed threshold) is a lot of money, and if they want someone other than one judge to rule upon that, they ought to be given an opportunity. The bill allows for the transfer of cases that fit the monetary standard, but some issues will necessarily, remain in the district court. Among them are cases involving questions of constitutionality ot statutes or ordinances; divorce' and child custody; determinations of title to real property and matters under the Utah Uniform Probate Code. Appeals from the circuit court could only go beyond the district given extraordinary writs or special permission from the Su- preme Court. New Filing t ees HB94. which funds the others, pro- vides for increases in court filings, from $12 to $100 in the Supreme Court; $25 to $50 in district courts. $7.50 to $12.50 in small claims court, and approximately a doubling in cir- cuit court according to a complex formula, based on comparable matters in district court. This money will more than pay for- expenses due from the other bills, and result in a net gain to the state of about $200,000, said Sen. Hawho hanven J. Barlow, dled Hep. Hillyards bills in the Sen ate. Defends Charges Lake Sen. Kay S. Comabjv City, and a critic to the end of the lt s debate, called this a $1 5 million of questionable need and justification. Sen. Barlow defended the charges as user fees," and said that daim- ants are far more concerned with attorneys fees than w ith filing charges. rev-lev- enue-rais- er New Mexican Wins Sprint Up Empire State Building Knight-Ridd- er NEW YORK - Newspapers Thirty-thre- e runners dashed up 1,575 steps of the Empire State Building Thursday, most of them for more or less the same reason as the music teactier from Scotland who said before the start: It seems like a nutty thing to do, but I fancy doing it The winner was a forest ranger from New Mexico named A1 Waquie, who covered the distance in 11 minutes, 37 seconds. His fellow runners complained that breathing became more and more difficult the closer they got to the top. But Waquie, who bills himself as the fastest mountain runner in the world, declared: I feel great. I love altitudes. ' In last place but nevertheless pleased to have competed and finished was Don McNelly, a paper company executive from Rochester, N.Y, who claimed to have been in his former, life an overweight golfer who always rode in a cart. The fastest woman was the assistant manager of a Long Island running shoe store, Burke Koncelik, who admitted that she had at the last minute questioned the wisdom of running up 86 flights of stairs. I stood outside and looked up this morning and thought, Why I am doing this? But she did it and did it quickly in 13 minutes, 40 non-runni- seconds. y. Personal Judgment Rep. McKeachhle conceded that the resolution sets ethical standards "without answering the specifics, but that the code is based on personal judgment. Im not so sure this (resolution) has been totally thought out, Rep. Karras said. "But I know were going to pbsh it because we want to be seen as favoring ethics. TRelresolntion also calls for dis- t osure of money accepted - from f roups with registered lobbyists to t ffsat wages some lawmakers lose f orn their regular jobs while serving i l the Legislature. cause many legislators still their regular salaries and run usiiesses from the House and Sente floors, every lawmaker should r upok all of his or her income while i l s ssion, said Rep. James C. lt Lake City, a teacher. B( Uarnl Saturday, February ...seeOQUIRRH RIDGE DRIFTERS at 12:00 Noon; PEEWEE PICKERS at 1:30 P.M.; and OQUIRRII RIDGE DRIFTERS at 3:00 PM. wrnmM WMEIEaEMD Action Listed .or 39th on Hill9 i On Sunday, February 20 . . . see HOT RIZE, RED KNUCKLES at & THE TRAILBLAZERS 12:00 Noon, 1:30 and 3:00 P.M. rnWAL 1 Wi-lic- k, 19 ATT. SUM, The Largest Downtown Mall in America. Across from Temple Square. Validated parking. Open Monday thru Friday 10 AM to 0 IM and Saturday 10 AM to 6 IM. Also, open Sundays Noon to 3 PM! 6 3ttfiOov V. ' SENATE Bills Passed SB44 (Rogers! Amend the Utah Certifi- cfcte at Need Act affecting hospital expan-sjonBy Senate 18-I SB 150 (Carling) Change the .administrai tion ohdtjalance ot the real estate recovery fund. Bv Senate 24-HBJOtFrarulsen) Require legislative anabudoet lyst tg develop format tor view of state agencies. By House 60-0- . iv Senate 20-- HljAtlSAousen) Amend child abuse act to low eanvlcted abuser to pay tor anonymity of those reporting tenses; amplify protective custody meo-reBy Senate 21-By House 55-J HB90 (Wlllyord) Install Utah Supreme Court, chief lustice or designee ns chairperson of Judicial Council ond a luvenile court ipdge as council member. By House 5t-1fjy Senate 24-HB91 (Hlllyord) Set term for district court lydges at six years ond procedure for transferring dvll cases to circuit courts. By ious 4 63--4. By Senate 25-i HB42 (Hlllyord) Realign circuit court Boundaries, Increase number of lodges, have state assume circuit system costs and rpodlfv distribution of fines, fees ond forfel-tpre- s. By House By Senate 23-In j HBV3 (Hlllyord) Provide tor Increase itrlsalcffon ond expansion of procedures br small claims court. Bv House 4-- By Senate 19-HB?4 (Hlllyord) Increase flllno fees for gases In Utah Supreme Court ond district Courts. By House Bv Senate 20-j HB153 (Evans) Set procedures for votun-fpr- y pdmlsslon of the mentally retarded and icourt --ordered Involuntary commlt-ent- . Bv Senate 22-By House 68-I Resolution Poised I HJR4 fSAousen) Request Interim study on constitutional amendment to require oil , Hate ond federal land revenues to be Rioted In state school fund. Possed House ' 42-By Senate 23-HOUSE j Bills Passed Utah Safe (Plnllhson) Authorize Inigng Water Committee to establish regulations ond fees governing of public water system operators. By note Jl-- l. Killed by Hqpse (f .allure obtnn malorltv) By House SB59 (Block) Provide that public safety jommiloner odopts standards tor regu-lOtlnuie of materials to reduce effects ot n on fnotor vehicles. Passed by Senate 1. By Mouse 54-SB5 1 A- |