S.B. 79

1

FRAUDULENT TRANSFER AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John L. Valentine
5 House Sponsor: Jim Bird
6
7 LONG TITLE
8 General Description:
9 This bill corrects a conflict between the Uniform Fraudulent Transfer Act and the
10 chapter on Statutes of Limitations.
11 Highlighted Provisions:
12 This bill:
13 . deletes the general provision in the chapter on statutes of limitations regarding the
14 Uniform Fraudulent Transfer Act in order to allow the more specific provisions in
15 the UFTA to control.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78B-2-302, as renumbered and amended by Laws of Utah 2008, Chapter 3
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78B-2-302 is amended to read:
26 78B-2-302. Within one year.
27 An action may be brought within one year:

28 (1) for liability created by the statutes of a foreign state;
29 (2) upon a statute for a penalty or forfeiture where the action is given to an individual,
30 or to an individual and the state, except when the statute imposing it prescribes a different
31 limitation;
32 (3) upon a statute, or upon an undertaking in a criminal action, for a forfeiture or
33 penalty to the state;
34 (4) for libel, slander, false imprisonment, or seduction;
35 (5) against a sheriff or other officer for the escape of a prisoner arrested or imprisoned
36 upon either civil or criminal process;
37 (6) against a municipal corporation for damages or injuries to property caused by a
38 mob or riot;
39 [(7) on a claim for relief or a cause of action under the following sections of Title 25,
40 Chapter 6, Uniform Fraudulent Transfer Act:]
41 [(a) Subsection 25-6-5 (1)(a), which in specific situations limits the time for action to
42 four years, under Section 25-6-10 ; or]
43 [(b) Subsection 25-6-6 (2);]
44 [(8)] (7) except as otherwise expressly provided by statute, against a county legislative
45 body or a county executive to challenge a decision of the county legislative body or county
46 executive, respectively; or
47 [(9)] (8) on a claim for relief or a cause of action under Title 63L, Chapter 5, Utah
48 Religious Land Use Act.




Legislative Review Note
as of 11-23-09 3:18 PM

Office of Legislative Research and General Counsel