MINUTES OF THE
HOUSE JUDICIARY STANDING COMMITTEE MEETING
20 House Building, Utah State Capitol Complex
March 8, 2016
Members Present: Rep. LaVar Christensen, Chair
Rep. Merrill Nelson, Vice Chair
Rep. Fred C. Cox
Rep. Bruce Cutler
Rep. Brian M. Greene
Rep. Craig Hall
Rep. Brian S. King
Rep. Curtis Oda
Rep. V. Lowry Snow
Rep. Kevin J. Stratton
Rep. Mark A. Wheatley
Staff Present: Mr. Gregg Girvan, Policy AnalystMs. Glenda VanWagenen, Committee Secretary
NOTE: A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Christensen called the meeting to order at 5:30 p.m.
MOTION: Rep. Hall moved to approve the minutes of February 24, 2016, February 26, 2016, March 1, 2016, March 2, 2016, and March 7, 2016. The motion passed unanimously with Rep. Cox, Rep. Greene, and Rep. King absent for the vote.
S.B. 203 Immunity Amendments (J. S. Adams)
Rep. Oda, House sponsor for the bill, explained the bill to the committee.
Spoke for the bill: Clint Mecham, citizen
Tani Downing, Risk Management
MOTION: Rep. Snow moved to amend the bill as follows:
1. Page 5, Lines 134 through 138:
134 (3) A person or { business } entity owning a building or other facility and an operator of or
135an employee in a building or facility is immune from liability with respect to any decisions or
136actions related to emergency or public health conditions, as described in Subsection
13763G-7-201(2)(c), while acting under the general supervision of or on behalf of any public
138entity.
The motion passed unanimously with Rep. Stratton absent for the vote.
MOTION: Rep. Snow moved to pass the bill out favorably. The motion passed with Rep. King voting in opposition and Rep. Stratton absent for the vote.
S.B. 209 Fifth District Court Judge (S. Urquhart)
Rep. Snow, House sponsor for the bill, explained the bill to the committee with the assistance of Rick Schwermer, Administrative Office of the Courts.
MOTION: Rep. King moved to pass the bill out favorably. The motion passed unanimously with Rep. Stratton absent for the vote.
2nd Sub. S.B. 155 Indigent Defense Commission (T. Weiler)
Senator Weiler explained the bill to the committee.
MOTION: Rep. King moved to replace 2nd Sub. S.B. 155 with 5th Sub. S.B.155. The motion passed unanimously with Rep. Stratton absent for the vote.
MOTION: Rep. King moved to pass the bill out favorably. The motion passed unanimously with Rep. Stratton absent for the vote.
S.B. 158 Juvenile Court and Child Abuse Amendments (W. Harper)
Senator Harper explained the bill to the committee.
Spoke for the bill: Kristine Campbell, Pediatrics, University of Utah
Sarah Houser, Child and Family Services
MOTION: Rep. Cox moved to amend the bill and then withdrew his motion.
SUBSTITUTE
MOTION: Rep. Nelson moved to amend the bill as follows:
1. Page 7, Lines 201 through 210
Senate Committee Amendments
2-22-2016:
201 (39) "Sexual abuse" means:
202 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
203adult directed towards a child; [or]
204 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
205committed by a child towards another child if:
206 (i) there is an indication of force or coercion;
207 (ii) the children are related , as defined in Subsection (20)(a) and (20)(b) ;
208 (iii) there have been repeated incidents of sexual contact between the two children ,unless the children are 14 years of age or older ; or
209 (iv) there is a disparity in chronological Ŝ➔ [or developmental] Ŝ age of four or more
209ayears
210between the two children; or
The motion passed unanimously with Rep. Stratton absent for the vote.
MOTION: Rep. Nelson moved to pass the bill out favorably as amended. The motion passed with Rep. Cutler and Rep. Greene voting in opposition and Rep. Stratton absent for the vote.
2nd Sub. S.B. 220 Non-judicial Foreclosure Amendments (W. Harper)
Senator Harper explained the bill to the committee.
MOTION: Rep. Snow moved to pass the bill out favorably. The motion passed unanimously with Rep. Stratton absent for the vote.
S.B. 243 Indigent Counsel in Private Parental Termination Cases (T. Weiler)
The bill was not considered.
2nd Sub S.B. 225 Notice of Pendency of Action Amendments (T. Weiler)
Senator Weiler explained the bill to the committee.
MOTION: Rep. Nelson moved to pass the bill out favorably. The motion passed unanimously with Rep. Cox, Rep. Greene, Rep. King, and Rep. Stratton absent for the vote.
1st Sub. S.B. 213 Small Claims Court Amendments (T. Weiler)
Senator Weiler explained the bill to the committee.
MOTION: Rep. Cutler moved to replace 1st Sub. S.B. 213 with 2nd Sub. S.B. 213. The motion passed unanimously with Rep. Cox, Rep. Greene, and Rep. King absent for the vote.
MOTION: Rep. Cutler moved to pass the bill out favorably. The motion passed unanimously with Rep. Cox, Rep. Greene, and Rep. King absent for the vote.
S.B. 252 Joint Tenancy Amendments (C. Bramble)
Senator Bramble explained the bill to the committee.
MOTION: Rep. Cutler moved to amend the bill as follows:
1. Page 2, Lines 28 through 32:
28 (1) (a) (i) [Beginning on May 5, 1997, every] Every ownership interest in real estate
29granted to two persons in their own right who are designated as husband and wife { , wife and
30husband, married, or a married couple } in the granting documents is presumed to be a joint
31tenancy interest with rights of survivorship, unless severed, converted, or expressly declared in
32the grant to be otherwise.
MOTION: Rep. Nelson moved to pass the bill as amended. The motion passed with Rep. Cox, Rep. Greene, and Rep. King absent for the vote.
1st Sub. S.B. 111 Guardianship - Right of Association (T. Weiler)
Senator Weiler explained the bill to the committee.
Spoke against the bill: Michael Jensen, attorney
Lois Brandriet, Guardian Advocate Services
MOTION: Rep. Nelson moved to amend the bill. The motion failed with Rep. Oda and Rep. Nelson voting in favor and with Rep. Cox, Rep. Green, and Rep. King absent for the vote.
MOTION: Rep. Christensen moved to amend the bill as follows:
1. Page 2, Lines 50 through 53:
50 (c) A guardian may give any consents or approvals that may be necessary to enable the
51ward to receive medical or other professional care, counsel, treatment, or service.
52 (d) A guardian may not unreasonably restrict visitation with the ward by family, relatives, or friends.
{ (d) } (e) If no conservator for the estate of the ward has been appointed, the guardian may:
53 (i) institute proceedings to compel any person under a duty to support the ward or to
2. Page 3, Lines 63 through 65:
63needs.
64 { (e) } (f) (i) A guardian is required to report the condition of the ward and of the estate which
65has been subject to the guardian's possession or control, as required by the court or court rule.
3. Page 4, Lines 94 through 96:
94the court which shall be included in the petition or the informal annual report as required under
95Subsection [(2)] (3) { (e) } (f) . If a fee is paid for an accounting of an estate, no fee shall be charged
96for an accounting of the status of a person.
4. Page 4, Lines 107 through 111:
107 (x) For the purposes of Subsections [(2)] (3) { (e) } (f) (i), (ii), (iii), and (iv), "interested
108persons" means those persons required to receive notice in guardianship proceedings as set
109forth in Section 75-5-309.
110 { (f) } (g) If a conservator has been appointed, all of the ward's estate received by the guardian
111in excess of those funds expended to meet current expenses for support, care, and education of
The motion passed with Rep. Cutler voting in opposition and Rep. Cox, Rep. Greene, and Rep. King absent for the vote.
MOTION: Rep. Stratton moved to pass the bill out favorably. The motion passed unanimously with Rep. Cox, Rep. Greene, and Rep. King absent for the vote.
MOTION: Rep. Cutler moved to adjourn the meeting. The motion passed unanimously with Rep. Cox, Rep. Greene, and Rep. King absent for the vote.
Chair Christensen adjourned the meeting at 7:55 p.m.
______________________________________________
LaVar Christensen, Chair