CORRECTED

                                                            MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

20 House Building, Utah State Capitol Complex

February 4, 2015


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. Linda Black, 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 4:12 p.m.

 

MOTION:     Rep. Nelson moved to approve the minutes of January 29, 2015. The motion passed unanimously with Rep. Wheatley absent for the vote.

 

H.B. 34           Personal Injury Damages Amendments (Rep. K. McIff)


Rep. McIff explained the bill to the committee.

 

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


 

1.    Page 2, Lines 37 through 39:   

 

37from the injury caused by the wrongdoer and which occurred prior to death of the injured party

38from the unrelated cause. {  The general damages available under the circumstances described in

39this Subsection (1)(b) may not exceed $100,000.  }

 

2.    Page 2, Lines 49 through 53:   

 

49   (d) A subsequent claim against an underinsured motorist carrier for which the injured

50party was a covered person is not subject to the notice requirement described in Subsection

51(1)(c).

52    {  [  } (e) In no event shall [the] an award of general [damage award] damages available under the circumstances described in Subsection (1)(b) or (1)(c) against any wrongdoer or any insurer exceed $100,000 regardless of

53available liability, uninsured or underinsured motor vehicle coverage. {  ]  }

 

The motion passed unanimously with Rep. Greene, Rep. Wheatley and Rep. Nelson absent for the vote.

 

Spoke to the bill:        Steve Sullivan

                                   Chris Purcell

 

MOTION:     Rep. King moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Wheatley and Rep. Nelson absent for the vote.

 

Rep. Oda assumed the chair.

 

H.B. 164         Grandparent Rights Amendments (Rep. L. Christensen)

 

Rep. Christensen explained the bill to the committee.

 

Spoke to the bill:        Dan Fazzini

                                   Eric Johnson, attorney

                                   Stewart Ralphs, Legal Aid Society of Salt Lake City

                                   Jackie deGasten, attorney

 

Spoke for the bill:       Amanda Davis

 

MOTION:     Rep. Cutler moved to pass the bill out favorably.

 

SUBSTITUTE

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

 

 

1.    Page 3, Line 77:  

 

77   (i) bring an action or file a petition for visitation rights as described in Subsection  s  (2)  and (3)  ;

 

The substitute motion passed unanimously with Rep. Wheatley absent for the vote.

 

MOTION:     Rep. Cutler moved to pass the bill out favorably as amended. The motion passed with Rep. King voting in opposition. Rep. Wheatley was absent for the vote.

 

Chair Christensen resumed the chair.

 

H.B. 35           Parent-time Schedule Amendments (Rep. V. L. Snow)

 

Rep Snow explained the bill to the committee.

 

Spoke to the bill:        Lorie Fowlke, attorney

                                   Eric Johnson, attorney

                                   Julie Anderson, citizen

 

MOTION:     Rep. Cox moved to pass the bill out favorably. The motion passed unanimously with Rep. Stratton absent for the vote.

 

Vice Chair Nelson assumed the chair.

 

H.B. 154         Jury Duty Exemption Amendments (Rep. M. McKell)

 

Rep. McKell explained the bill to the committee.

 

Spoke for the bill:       Michelle Scharf, midwife

Lacey Smith, dula

                                   Stephanie Pitcher, law student

 

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

 

MOTION:     Rep. Cutler moved to place H.B. 154 on the Consent Calendar. The motion passed unanimously.

 

H.B. 109         Expungement of Administrative Action (Rep. B. Greene)

 

The bill was not considered.

 

H.B. 137         Change to Mandatory Retirement Age for Judges (Rep. K. Powell)

 

The bill was not considered.

 

 

H.B. 143         Prohibition on Tattooing of Minors (Rep. L. Christensen)

 

The bill was not considered.

 

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

 

Vice Chair Nelson adjourned the meeting at 6:00 p.m.

 

 

 

 

 

 

                                                                                                                                   ___________________________________

LaVar Christensen, Chair