Judiciary Interim Committee
Members Present:
Sen. Craig L. Taylor, Chair
Rep. Byron L. Harward, Chair
Sen. Lyle W. Hillyard
Sen. Robert C. Steiner
Rep. Patrice M. Arent
Rep. John B. Arrington
Rep. Loretta Baca
Rep. Afton B. Bradshaw
Rep. Katherine M. Bryson
Rep. Keele Johnson
Rep. Tammy J. Rowan
Rep. Glenn L. Way
Members Absent:
Sen. Lane Beattie
Sen. David L. Buhler
Rep. J. W. "Bill" Hickman
Rep. Martin R. Stephens
Staff Present:
Mr. Jerry D. Howe,
Research Analyst
Ms. Esther Chelsea-McCarty,
Associate General Counsel
Ms. Glenda S. Whitney,
Secretary
Note: A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
1. Call to Order and Committee Business - Chair Taylor called the meeting to order at 2:17 p.m. He welcomed those present and introduced new research analyst , Jerry D. Howe to the committee. Esther Chelsea-McCarty will continue serving as counsel along with Glenda Whitney as secretary.
No motion was taken on the November 20, 1996 meeting due to lack of a quorum.
Chair Taylor distributed "Summaries of Selected Judiciary Bills Passed During the 1997 General Session" for the committee to review. He also distributed "Presentation of Master Study Resolution Items to the Judiciary Interim Committee for Prioritization."
2. Review of Potential Study Items for the 1997 Interim Period
Chair Taylor explained that 24 items have been identified in the Master Study Resolution for potential study by the committee. The committee heard from sponsors of the proposed items and discussed priorities for the 1997 interim period. Potential study items that are not part of the Master Study Resolution were also considered. He explained that committee members were to prioritize their items.
The following proposed study items were highlighted by sponsoring legislators or as otherwise noted:
- Juvenile Crime Recommendations - Sen. S. Poulton
- Lawsuits by Prisoners - Sen. S. Poulton (motion to refer to Law Enforcement and Criminal Justice Committee for study)
- Children and Divorce - Sen. S. Poulton
- Prison Housing - Sen. S. Poulton (motion to refer to Law Enforcement and Criminal Justice Committee for study)
- Immunity for Volunteers - Sen. C. Taylor (Kline Strong distributed a handout "Utah Has Five 'Immunity' Statutes" and made the presentation)
- Evaluation Criteria for the Selection of Judicial Nominees - Sen. C. Taylor
- Development of Joint Parenting Plans in Divorce Proceedings - Sen. C. Taylor
- Domestic Relation Laws - Sen. D. Steele
- Uniform Probate Code - Sen. L. Hillyard (presented by Tom Christensen)
- Age Requirements in Offenses Against Children - Rep. L. Nelson (committee referred to the Sentencing Commission for study)
- Victims of Statutory Rape - Rep. L. Nelson (committee referred to the Sentencing Commission for study)
- Prison Construction Costs - Rep. J. Swallow (committee referred to the Law Enforcement and Criminal Justice Committee for study)
- Protective Orders - Rep. J. Swallow
- Office of Recovery Services and Noncustodial Parents - Rep. D. Gladwell
- Civil Forfeiture - Rep. D. Gladwell
- Benefits for grandparents - Rep. P. Larsen (distributed a handout, "Grandparents to Receive Benefits if Raising Grandchildren." Karmen Sanone helped with the presentation. The committee explained that the area of "visitation" could be studied by the Judiciary Committee but recommended referring this item to the Health and Human Services Committee for study)
- Time Extensions in Protective Orders - Rep. P. Larsen (Rep. Larsen withdrew this study item)
- Limited Parental Liability - Rep. D. Jones
- Punishment of Sexual Predators - Rep. R. Becker
- Alternative Dispute Resolution - Rep. B. Harward
- Designation of Forfeiture Proceeds for Prevention Programs - Rep. L. Baca
- Community Arbitration Program - Rep. P. Arent (Steve Cochell helped with the presentation)
- Criminal Nonsupport - Rep. M. Carlson
- Statute of Repose - Rep. G. Adair
Other items not listed on the survey but recommended for study were:
- School Truancy - Rep. B. Evans
3. Committee Discussion and Prioritization
MOTION: Rep. Harward moved to refer "Lawsuits by Prisoners" and "Prison Housing" to the Law Enforcement and Criminal Justice Committee for its study and recommendation. The motion passed unanimously.
The Committee recommended linking items, "Office of Recovery Services and Noncustodial Parents" and "Criminal Nonsupport" together for study.
4. Establish 1997 Study Agenda
Chair Taylor turned the chair over to Rep. Harward.
Chair Harward explained that before leaving, committee members were to mark six issues they would like to see considered as priorities for study during the 1997 interim period. He stated that staff would compile the information for the chairs' use in formulating future agendas.
5. Adjournment
Chair Harward adjourned the meeting at 3:30 p.m.
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