Subsection (1) may not apply to a biological parent who is a
party to the adoption petition, unless the petition expressly seeks termination of that
biological parent's rights.
(3) Nothing in this section may be construed to permit any adoptions that are
prohibited by Subsection 78B-6-117(3).
The motion passed unanimously with Sens. Madsen and Waddoups absent during the time of
the vote.
MOTION: Sen. Hillyard motioned to amend S.B. 170 as follows:
1. Page
2, Line 40
:
40
78B-2-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-3-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
2. Page
13, Line 387
:
387
as the part improved and cultivated.
Section 10. Section 78B-3-106 is amended to read:
78B-3-106
.
Death of adult -- Suit by heir or personal representative.
(1) Except as provided in Title 34A, Chapter 2, Workers' Compensation Act, when
the death of a person who is not a minor is caused by the wrongful act or neglect of
another, his heirs, or his personal representatives for the benefit of his heirs, may maintain
an action for damages against the person causing the death, or, if the person is employed
by another person who is responsible for his conduct, then against the other person.
(2) If the adult person has a guardian at the time of his death, only one action may
be maintained for the person's injury or death.
(3) The action may be brought by either the personal representatives of the adult
deceased person, for the benefit of the person's heirs, or by the guardian for the benefit of
the heirs, as defined in Section
78B-3-105
.
(4) In every action under this section and Section 78B-3-105 damages may be
given as under all the circumstances of the case may be just.
Renumber remaining sections accordingly.
The motion passed unanimously.
MOTION: Sen. Hillyard motioned to move S.B. 170 , as amended, out with a favorable
recommendation.
The motion passed unanimously.
4. S.B. 182 Criminal Restitution Amendments, by Sen Bramble
Sen Bramble presented S.B. 182.
Mr. Holliday spoke in favor of the bill.
Sen. Romero spoke in favor of the bill.
Sen. Madsen spoke to the bill
Dave Johnson, citizen, spoke to the bill.
Sen. Romero motioned to move S.B. 182 out with a favorable recommendation.
The motion passed unanimously with Sen. McCoy absent during the time of the vote.
5. S.J.R. 14 Joint Resolution - Challenging the Legality of a Conviction or Sentence, by
Bramble
Sen. Bramble presented an amendment to S.J.R. 14.
Sen. Madsen moved to amend S.J.R. 14 as follows:
1. Page
2, Lines 34 through 35
:
34
(2)
(a)
A person
, including a person sentenced to death,
may not be
barred from obtaining relief from a conviction or sentence if
{
:
35
(a)
}
the person can prove by clear and convincing evidence that the person did
not:
2. Page
2, Line 40
:
40
(b)
{
in the case of a
}
A
person sentenced to death
{
,
}
may not be
barred from obtaining relief from a conviction or sentence if
the person can prove
with newly
The motion passed unanimously with Sen. McCoy absent during the time of the vote.
The following people spoke in favor of the resolution: Mark Shurtleff, Attorney General,
Utah Attorney Generals Office; Fred Voros, Division Chief Criminal Appeals, Attorney
General's Office; Kevin Church, citizen; and Matt Hunsaker, citizen.
Richard Mauro, Attorney, UT Association of Criminal Defense Lawyers and Daniel Medway,
citizen spoke against the resolution.
Sens. Buttars, McCoy and Hillyard spoke to the resolution.
MOTION: Sen. Greiner moved to pass S.J.R. 14 out with a favorable recommendation.
SUBSTITUTE MOTION: Sen Romero moved to table S.J.R. 14
Sen. Buttars spoke against the substitute motion.
The substitute motion failed with Sens. Romero and McCoy voting in favor of the submotion
and Sen. Waddoups absent during the time of the vote.
Sens. Hillyard, Madsen, McCoy, Romero, Buttars spoke to the original motion.
The original motion passed with Sens. Buttars, Greiner, Madsen, Waddoups voting in favor
of the motion and Sens. Hillyard, McCoy and Romero voting against the motion.
6. S.J.R. 12 Joint Resolution Supporting Expansion of Correctional Facilities in San Juan
County, by Sen. Hinkins
Sen. Hinkins presented the resolution.
Former Sen. Mike Dmitrich spoke in favor of the resolution.
MOTION: Sen. Hillyard motioned to move S.J.R. 12 out with a favorable recommendation.
The motion passed unanimously with Sens. Madsen, Waddoups and Romero absent during
the time of the vote.
7. S.B. 176 Civil Fees in Courts of Record Amendments, by Sen. Greiner
Sen. Greiner presented S.B. 176.
Debra Moore, District Court Administrator, Adminisrative Office of the Courts, spoke in
favor of the bill.
Mark Olsen, Collection Attorney, spoke to the bill.
MOTION: Sen. Greiner motioned to move the S.B. 176 out with a favorable
recommendation.
The motion passed unanimously with Sen. Madsen, Waddoups and Romero absent during the
time of the vote
MOTION: Sen. McCoy moved to adjourn.
The meeting adjourned at 5:00 pm
Minutes were reported by Allison Volk, Secretary.
Sen. D. Chris Buttars, Committee Chair