Judiciary Interim Committee

impartial third party. Rep. Harward requested that the Judiciary Committee continue its study of this process, noting that administrative enforcement was within the Legislature's constitutional authority.

    Rep. Harward discussed the idea of a Central Panel of Administrative Law Judges, where the person who is acting in the judicial role is not hired and paid by the agency seeking to ensure enforcement of its rules. Perhaps a Central Panel be considered as an alternative to the current system, he said.

    Rep. Arent told the committee of the recent opinion of the Utah Supreme Court in V1 Oil Company v. DEQ et al. She suggested that the case be made available to the committee.

    Rep. Arrington queried, who better to interpret a rule than the person who wrote it? Rep. Harward explained that government relies upon checks and balances to prevent abuses of power. It is important, he said, that the agency who drafts the rule should not also enforce the rule.

    Sen. Hillyard suggested that an appeal process be considered. Rep. Harward added that a study of the standard of review for an appeal is a good idea. Sen. Hillyard said if trial de novo is the standard for all judicial review for administrative hearings, then there is no incentive to really work at the administrative hearing.

    Chair Taylor asked the Judiciary Interim Committee what direction it would like to pursue. The committee suggested that it hear testimony from people who practice before Administrative Law Judges, from an Administrative Law Judge, and perhaps a business regulated by an agency in order to determine the amount of fines levied under this process and where these fines are deposited.
    
3.    Child Support Issues

     Rep. Mary Carlson along with Mr. Nick Angelides, Attorney General's Office, Criminal Division, reviewed H.B. 299 "Criminal Nonsupport Amendments" which she sponsored during the 1997 General Session. She explained that the legislation a) makes failure to pay court ordered support punishable; and b) enhances the offense from a class "A" misdemeanor to a third degree felony where support arrearage amounts to $500 or more; and c) provides for equal treatment of offenders who live outside of Utah, whether in the United States or in another country.

    Rep. Carlson noted that the bill was amended in committee to increase the criminal nonsupport arrearage amount $1,000. With the amendment, the bill was passed out of committee but later failed in the house by one vote.

    Child support, custodial and noncustodial rights are difficult issues, she said. She further explained that this bill is needed because the Attorney General's Office needs more ability to deal

with the most egregious child support offenders. She requested that the committee consider the bill, improve it if needed, and give it a committee note for next session.

    Mr. Angelides said that he prosecutes criminal nonsupport cases. He estimated that he prosecutes 40 cases a year with a running case load of about 175. He explained the process of filing a criminal action on nonsuppor t and answered questions of the Judiciary Interim Committee. He noted that the cases originate in the Office of Recovery Services where civil enforcement begins. Only when this fails does a case get transferred to the Attorney General.

    Rep. Bryson expressed concern that judges may not issue contempt charges when court ordered child support is not paid. Ms. Chacon, Director of the Office of Recovery Services, said that she would provide the number of cases being transferred to the Attorney General.

    Sen. Hillyard explained three problems with civil contempt. The first, he said, is getting a lawyer to handle the case. Second, even when contempt charges are filed, and a judge orders payment, the guilty party often simply leaves the state. When this happens, there is no way to collect the money. Finally, he said, when a person owing support leaves the state or country, it is very difficult to bring them back to the state on contempt alone.

    MOTION: Rep. Harward moved that Rep. Carlson and Mr. Angelides work with staff to include the amendments from last session and provide that a court is permitted to consider the accrual of owed support from the date of the change in circumstances rather than the court date. When this draft bill is ready, the Committee will place it on the agenda for further consideration.

The motion passed unanimously with Rep. Arent, Rep. Bryson, Rep. Johnson, and Rep. Stephens absent for the vote.

4.    School Truancy

    Superintendent John Aland, Duchesne County School District, explained that the Duchesne School District has implemented a Prime Time Friday-Saturday School Program which collects $100 tuition per student. He said that because the program is backed by Judge Steele, there has not been a problem with students attending or pay tuition. In the future, he said, it may be possible to obtain some funding from the Career Ladder Job Enlargement program to pay teachers. He also noted that school truancy has been significantly reduced because of this program.

    Honorable Larry A. Steele, Eighth District Juvenile Court Judge, explained that schools attempt all in their power before a truant student is referred to the courts. For example, schools are required to make an earnest and persistent effort, such as counseling with students and parents. Once this has failed, a petition is filed with the court, which is then responsible to craft a solution, usually a fine or work service, he said.

    He explained further that truant students need to be in a setting which will bring them up to date in school, help them understand their homework, but which is sufficiently unpleasant to help them prefer school.

     Rep. Beverly A. Evans said that this issue is not just an education issue, nor is it a human services issue, and neither is it a judiciary issue. It is, she said, an issue that involves all three of these entities equally. She reminded the committee that truancy is a stepping stone to delinquency and criminal activity.

    Rep. Bradshaw asked how much leeway there was before sanctions are imposed? Judge Steele responded that it depends on the child involved. It is not imposed on elementary students but is mainly used for Jr. High and High School students.

    Sen. Hillyard suggested looking at day curfews, so that any child could be prevented from wandering the streets during school hours.

    Chair Taylor asked Rep. Evans to work on the legislation and then contact committee staff when legislation is ready for review.

    Chair Taylor moved to break at 3:55 p.m. The meeting reconvened at 4:10 p.m.

5.    Uniform Probate Code

    Sen. Lyle W. Hillyard referred the committee to the mailing packet on "Uniform Probate Code Amendments." He briefed the committee on the drafting of the bill and introduced the attorneys making the presentation.

    Mr. Thomas Christensen, Jr., Mr. Steven J. Dixon, Mr. J. Keith Adams, and Mr. Mark Lehman, from the Utah State Bar Estate Planning Section, presented an overview of the bill. Mr. Christensen said their focus was to look at the Uniform Commission on State Laws recommendations and to update the Utah probate law. They displayed charts and spent some time discussing how the bill differs from current law. The next time the bill is considered by the Judiciary Interim Committee, a memorandum will be distributed detailing where amendments to current law have been made, he said.

    Chair Taylor asked that the committee review the bill, noting any questions for future discussion.

6.     Adjournment

    Chair Taylor adjourned the meeting at 5:05 p.m.