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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

20 House Building, Utah State Capitol Complex

February 25, 2014

Members Present:    Rep. Kay L. McIff, Chair
        Rep. Lee B. Perry, Vice Chair
        Rep. Patrice Arent                
        Rep. LaVar Christensen
        Rep. Brian M. Greene
        Rep. Craig Hall
        Rep. Brian S. King
        Rep. V. Lowry Snow

Members Absent:    Rep. Eric K. Hutchings                
        
Staff Present:    Ms. Chelsea Lloyd, Policy Analyst
        Ms. Linda Black, Committee Secretary
    

NOTE:    A list of visitors and a copy of handouts are filed with the committee minutes.

Chair McIff called the meeting to order at 8:15 a.m.

MOTION:    Rep. Snow moved to approve the minutes of the February 21, 2014, meeting. The motion passed unanimously with Rep. Perry absent for the vote.

Chair McIff asked Rep. King to conduct the meeting.

H.B. 251    Unsworn Declaration Amendments (Rep. K. McIff)

Rep. McIff explained the bill to the committee.

MOTION:    Rep. McIff moved to replace H.B. 251 1st Substitute H.B. 251. The motion passed unanimously with Rep. Perry absent for the vote.

MOTION:    Rep. Arent moved to amend the bill as follows:

1.    Page 2, Lines 31 through 35 :    

             31          (Signature)".
             32          (2) In any court
{   action   }        filing       , if a statute or court rule permits an affidavit or other declaration

             33      upon oath, an individual may, with like force and effect, provide an unsworn written
             34      declaration in the form listed in Subsection (1)
{   , as long as the individual files the declaration   }        including      

             35      using the court's efiling system.


The motion passed unanimously with Rep. Perry absent for the vote.

Spoke to the bill:    Mr. Rick Schwermer, Administrative Office of the Courts

MOTION:    Rep. Arent moved to pass 1st Substitute H.B. 251 out favorably as amended. The motion passed unanimously with Rep. Perry absent for the vote.

H.B. 118    Personal Injury Damages Amendments (Rep. K. McIff)

Rep. McIff explained the bill to the committee.

MOTION:    Rep. McIff moved to replace H.B. 118 with 1st Substitute H.B. 118. The motion passed unanimously with Rep. Perry absent for the vote.

Spoke for the bill:    Mr. Steve Sullivan, attorney

MOTION:    Rep. Arent moved to pass 1st Substitute H.B. 118 out favorably as amended. The motion passed unanimously.

Vice Chair Perry assumed the chair.

H.B. 265    Probate Code Amendments (Rep. V. L. Snow)

Rep. Snow explained the bill to the committee.

MOTION:    Rep. Snow moved to replace H.B. 265 with 1st Substitute H.B. 265. The motion passed unanimously with Rep. McIff absent for the vote.

MOTION:    Rep. Snow moved to amend the bill as follows:

1.    Page 7, Lines 189 through 191 :    

             189          (2) Unless the allegedly incapacitated person has already obtained counsel in this
             190      proceeding or an attorney has been already appointed for the person, the court
{   may   }        shall       appoint an

             191      attorney to represent the person in the proceeding.

The motion passed unanimously.

Spoke to the bill:    Mr. Michael Jensen, attorney
            Mr. Andrew Riggle, public policy analyst

MOTION:        Rep. Arent moved to pass 1st Substitute H.B. 265 out favorably as                      amended. The motion passed unanimously.

H.B. 147    Peace Officer Agreements with Federal Agencies (Rep. R. Greenwood)

Rep. Greenwood explained the bill to the committee.

Spoke to the bill:    Mr. Reed Richards, Weber County Attorney

MOTION:    Rep. Christensen moved to pass the bill out favorably. The motion passed unanimously.

H.B. 351    Birth Certificate Amendments (Rep. Johnny Anderson)

At the request of the sponsor, Vice Chair Perry announced this bill will not be heard today.

H.J.R. 12    Joint Resolution on Appointment of Legal Counsel for Executive Officers (Rep. M. McKell)

At the request of the sponsor, Vice Chair Perry announced this resolution will not be heard today.

MOTION:    Rep. Arent moved to adjourn the meeting. The motion passed unanimously.

Vice Chair Perry adjourned the meeting at 9:30 a.m.






                                             ___________________________________
Kay L. McIff, Chair