MINUTES OF THE

HOUSE JUDICIARY

STANDING COMMITTEE

Tuesday, January 31, 2017 • 2:00 pm • 20 House Building

Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at le.utah.gov.

Vice Chair Snow called the meeting to order at 2:04 p.m.

MOTION:     Rep. McKell moved to approve the minutes of the January 26, 2017, meeting. The motion passed with a vote of 6-0-6.

1. H.B. 150 Custody Amendments Related to Parents with Disabilities (Arent, P.)

Rep. Patrice M. Arent presented the bill with the assistance of A. Daniel Spencer.

Susan Reimers, citizen, spoke in favor of the bill.

Dan Dovel, National Parents Organization of Utah, spoke in favor of the bill.

Stewart Ralphs, Family Law Section of Utah State Bar Association, spoke in favor of the bill.

Joyce Delcourt, LCPD, spoke in favor of the bill.

Christine Passey, Salt Lake Major's office, spoke in favor of the bill.

Thomas Cantrell, representing himself, spoke in favor of the bill.

Stephen Persinge, Utah Association of the Deaf, spoke in favor of the bill.

MOTION:     Rep. Ivory moved to amend H.B. 150 with Amendment #4:

1.    Page 3, Lines 85 through 86:   

85   (b) The court may not consider the disability of a parent as a factor in awarding

86custody

The motion passed with a vote of 10-0-2.

MOTION:     Rep. King moved to report a favorable recommendation on H.B. 150, as amended. The motion passed with a vote of 10-0-2.

2. H.B. 106 Utah Uniform Securities Act Amendments (Hall, C.)

Rep. Craig Hall presented the bill with the assistance of John Neilsen, Office of the Attorney General.

MOTION:     Rep. McKell moved to report a favorable recommendation on H.B. 106. The motion passed with a vote of 9-0-3.

MOTION:     Rep. McKell moved to place H.B. 106 on the Consent Calendar. The motion passed with a vote of 7-0-5.

3. H.B. 129 Adult Protective Services Amendments (Edwards, R.)

Rep. Rebecca P. Edwards presented the bill with the assistance of Nan Mendenhall.

MOTION:     Rep. Wheatley moved to report a favorable recommendation on H.B. 129. The motion passed with a vote of 8-0-4.

Rep. McKell assumed the chair.

4. H.B. 21 Uniform Powers of Appointment Act (Snow, V. L.)

Rep. V. Lowry Snow presented the bill with the assistance of Steven Dixon, attorney.

MOTION:     Rep. Greene moved report a favorable recommendation on H.B. 21. The motion passed with a vote of 10-0-2.

Rep. Snow assumed the chair.

5. H.C.R. 6 Concurrent Resolution Supporting the Re-empowerment of the States Amendment (Nelson, M.)

Rep. Merrill F. Nelson presented the bill with the assistance of W David Hemingway, citizen and retired banker.

Stan Rasmussen, Sutherland Institute, spoke in favor of the bill.

MOTION:     Rep. McKell moved to replace H.C.R. 6 with 1st Substitute H.C.R. 6. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Greene moved to amend H.C.R. 6 with Amendment #1:

1.    Page 1, Lines 13 through 14:   

13   ►      asserts that federalism is an integral part of

14essential to the vitality of the Union; and

2.    Page 2, Lines 37 through 39:   

37   NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the

38Governor concurring therein, reaffirms its position that federalism is an integral part of

39American democratic system  

The motion passed with a vote of 9-1-2.

MOTION:     Rep. Ivory moved to report a favorable recommendation on 1st Substitute H.C.R. 6, as amended. The motion passed with a vote of 8-2-2.

6. H.B. 145 Foster Children Visitation Amendments (Ivory, K.)

Rep. Ken Ivory presented the bill with the assistance of Krisse Prestwich.

Charri Brummer, Child Protective Services, Division of Child and Family Services, spoke in favor of the bill.

MOTION:     Rep. Greene moved to report a favorable recommendation on H.B. 145. The motion failed with a vote of 3-4-5.

MOTION:     Rep. Greene moved to adjourn. The motion passed with a vote of 7-0-5.

Vice Chair Snow adjourned the meeting at 4:22 p.m.

_________________________

Michael K. McKell, Chair