MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE

STANDING COMMITTEE

Room 250, Utah State Capitol

March 9, 2015

Members Present: Sen. Mark B. Madsen, Chair

Sen. Daniel W. Thatcher

Sen. Stephen H. Urquhart

Sen. Todd Weiler

Member Excused: Sen. Gene Davis

Sen. Luz Escamilla

Sen. Lyle W. Hillyard

Staff Present: Mr. Nathan Brady, Policy Analyst

Ms. Nancy Skidmore, Committee Secretary

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

Sen. Urquhart called the meeting to order at 8:02 a.m.

H.B. 311 Private Investigator and Bail Recovery Licensure Amendments (Rep. C. Oda)

Rep. Oda explained the bill to the committee.

MOTION: Sen. Thatcher moved to pass the bill out favorably. The motion passed unanimously with Sen. Madsen absent for the vote.

MOTION: Sen. Thatcher moved to place the bill on the Consent Calendar. The motion passed unanimously with Sen. Madsen absent for the vote.

H.B. 350 Weapons on Public Transportation (Rep. N. Thurston)

Rep. Thurston explained the bill to the committee.

Spoke to the bill: Chris Jenkins

MOTION: Sen. Weiler moved to pass the bill out favorably. The motion passed unanimously with Sen. Madsen absent for the vote.

H.B. 244 Alimony Support Amendments (Rep. K. Stratton)

Rep. Stratton explained the bill to the committee.

The bill was amended as follows:

1.Page 1, Lines 11 through 13

House Committee Amendments

2-20-2015:

11 This bill:

12 ▸ provides for the court to consider whether a parent {was a stay-at-home parent when

13 determining alimony} has lost workplace experience opportunities while caring for a child .

2.Page 3, Line 87 through Page 4, Line 104:

87 (8) (a) The court shall consider at least the following factors in determining alimony:

88 (i) the financial condition and needs of the recipient spouse;

89 (ii) the recipient's earning capacity or ability to produce income , including the impact of diminished workplace experience resulting from primarily caring for a child of the payor spouse ;

90 (iii) the ability of the payor spouse to provide support;

91 (iv) the length of the marriage;

92 (v) whether the recipient spouse has custody of minor children requiring support;

93 (vi) whether the recipient spouse worked in a business owned or operated by the payor

94 spouse; {[} and {]}

95 (vii) whether the recipient spouse directly contributed to any increase in the payor

96 spouse's skill by paying for education received by the payor spouse or enabling the payor

97 spouse to attend school during the marriage {[} . {]} {; and

98 (viii) whether the recipient spouse was primarily a stay-at-home parent caring for a

99 child of the payor spouse, and Ĥ➔ [if] not »Ĥ found Ĥ➔ [not] »Ĥ to be at fault Ĥ➔ [, the court

99a may order alimony:

100 (A) for a duration of at least the number of years that the marriage existed; and

101 (B) to cover any decrease in child support to the recipient spouse if the payor spouse

102 has corresponding decrease in child support obligations] under Subsection 30-3-5(8)(c) »Ĥ .}

103 (b) The court may consider the fault of the parties in determining whether to award

104 alimony and the terms thereof.

The motion passed unanimously with Sen. Madsen absent for the vote.

Spoke to the bill: Stewart Ralphs, Director, Legal Aid Society

Spoke for the bill: Dani Hartvigsen, Coalition for the Preservation of Family Values

Rebecca Martindale

Spoke against the bill: Dan Duel, National Parents Organization

Amanda Davis

MOTION: Sen. Weiler moved to pass the bill out favorably. The motion passed unanimously.

Sen. Madsen resumed the chair.

H.B. 240 Judicial Discretion in Sentencing Amendments (Rep. K. McIff)

Rep. McIff explained the bill to the committee.

Spoke to the bill: Ron Gordon, Executive Director, Commission on Criminal and Juvenile Justice

Spoke against the bill: Gary Scheller, Director, Utah Council on Victims of Crime

Alana Kindness, Utah Coalition Against Sexual Assault

Marlesse Jones, City Prosecutor, Layton City

MOTION: Sen. Urquhart moved to pass the bill out favorably. The motion passed with Sen. Thatcher voting opposition.

H.B. 183S01 Uniform Powers of Appointment (Rep. V. Snow)

Rep. Snow explained the bill to the committee.

MOTION: Sen. Urquhart moved to pass the bill out favorably. The motion passed unanimously.

H.B. 298 Exemptions Act Amendments (Rep. K. Ivory)

Rep. Ivory explained the bill to the committee.

MOTION: Sen. Urquhart moved to pass the bill out favorably. The motion passed unanimously.

MOTION: Sen. Urquhart moved to place the bill on the Consent Calendar. The motion passed unanimously

H.B. 353 Probation Amendments (Sen. M Schultz)

Rep. Schultz explained the bill to the committee.

MOTION: Sen. Thatcher moved to pass the bill out favorably. The motion passed unanimously.

MOTION: Sen. Thatcher moved to place the bill on the Consent Calendar. The motion passed unanimously.

MOTION: Sen. Weiler moved to adjourn. The motion passed unanimously.

Chair Madsen adjourned the meeting 9:03 a.m.

________________________

Sen. Mark B. Madsen, Chair