MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT, AND CRIMINAL JUSTICE

STANDING COMMITTEE

Thursday, February 9, 2017 • 3:00 p.m. • 250 State Capitol

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.

Chair Weiler called the meeting to order at 3:07 p.m.

MOTION:     Sen. Thatcher moved to approve the minutes of the February 6, 2017 meeting. The motion passed with a vote of 4-0-3.

1. S.B. 169 Judiciary Amendments (Hillyard, L.)

Sen. Hillyard presented the bill with the assistance of Mr. Rick Schwermer, Assistant Administrator, Utah State Office of the Courts,.

MOTION:     Sen. Hillyard moved to amend S.B. 169 as follows:

1.    Page 8, Lines 216 through 230:      

216 (i) an order granting an expungement, if the expungement was opposed by the

217prosecution or a victim before the order was entered.

218 

219excluding evidence under Subsection (5)(e) or (f) shall be filed within 28 days of the order

220excluding the evidence.  

221 [(6)]

222the case to the justice court unless:

223 (a) the decision results in immediate dismissal of the case; or

224 (b) [with agreement of the parties,] the hearing de novo was on a pretrial order and the

225parties and the district court [consents to] agree to have the district court retain jurisdiction[;

226or].

227 [(c) the defendant enters a plea of guilty or no contest in the district court.]

228 [(7)]

229 [(8)]

230district court rules on the constitutionality of a statute or ordinance.

The motion passed with a vote of 4-0-3.

MOTION:     Sen. Hillyard moved to pass S.B. 169 out favorably. The motion passed with a vote of 4-0-3.

MOTION:     Sen. Hillyard moved to place S.B. 169 on the Consent Calendar. The motion passed with a vote of 4-0-3.

2. S.B. 188 Child Support Guidelines Advisory Committee Amendments (Hillyard, L.)

Sen. Hillyard presented the bill with the assistance of Lisa Stockdale, Director, Office of Recovery Services.

MOTION:     Sen. Hillyard moved to pass S.B. 188 out favorably. The motion passed with a vote of 4-0-3.

MOTION:     Sen. Hillyard moved to place S.B. 188 on the Consent Calendar. The motion passed with a vote of 4-0-3.

3. S.B. 175 Uniform Unclaimed Property Act (Hillyard, L.)

Sen. Hillyard presented the bill with the assistance of David Damshen, State Treasurer and Dennis Johnston, Administrator, Unclaimed Properties.

Mr. Andrew Quist, Vice President, Associate General Counsel, Security National Financial Corporation, spoke in opposition to the bill,

Mr. George Sutton, Attorney, Utah Bankers Association, spoke in opposition to the bill.

Ms. Tanji Northrup, Assistant Commissioner, Utah Insurance Department, spoke in opposition to the bill.

Mr. Frank Pignanelli, Attorney, Utah Association of Bankers, spoke to the bill.

MOTION:     President Niederhauser moved to go to the next item on the agenda. The motion passed with a vote of 7-0-0.

4. S.B. 167 Bail Amendments (Adams, J. S.)

Sen. Adams explained the bill.

Mr. Gary Walton, Owner, Beehive Bail Bonds, spoke in favor of the bill.

Mr. Rick Schwermer, Assistant Administrator, Utah State Office of the Courts, spoke in opposition to the bill.

Mr. Dominic Sanone, President, Dewey's Bail Bonds, spoke in favor of the bill.

Mr. Jeff Buhman, Utah County Attorney, spoke in opposition to the bill.

Mr. Frank Pignanelli, Attoney, Aladdin Bail Bonds, spoke in favor of the bill.

Mr. Wayne Carlos, Utah Bail Bond Association, spoke in favor of the bill.

MOTION:     Sen. Okerlund moved to pass S.B. 167 out favorably. The motion passed with a vote of 5-0-2.

5. H.B. 77 Fifth District Court Judge (Snow, V. L.)

Rep. Snow presented the bill with the assistance of Mr. Rick Schwermer, Assistant Administrator, Utah State Office of the Courts.

Ms. Jackie de Gaston, spoke to the bill.

MOTION:     President Niederhauser moved to pass H.B. 77 out favorably. The motion passed with a vote of 3-0-4

6. 1st Sub. H.B. 13 Uniform Fiduciary Access to Digital Assets Act (Snow, V. L.)

Rep. Snow explained the bill.

MOTION:     President Niederhauser moved to pass 1st Substitute H.B. 13 out favorably. The motion passed with a vote of 3-0-4.

7. S.B. 185 Cause of Action for Minors Injured by Pornography (Weiler, T.)

President Niederhauser assumed the chair.

Sen. Weiler presented the bill with the assistance of Ms. Krisana Finley, Intern, Sutherland Institute.

MOTION:     Sen. Weiler moved to amend S.B. 185 with Amendment #2.

1.    Page 2, Lines 51 through 55:   

51   (1) This part does not apply to an Internet service provider or interactive computer

52service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic communications

53service as defined in 18 U.S.C. Sec. 2510, a telecommunications service, information service,

54or mobile service as defined in 47 U.S.C. Sec. 153, including a commercial mobile service as

55defined in 47 U.S.C. Sec. 332(d),

The motion passed with a vote of 3-0-4.

Ms. Gayle Ruzicka, Utah Eagle Forum, spoke in favor of the bill.

MOTION:     Sen. Escamilla moved to pass S.B. 185 out favorably. The motion passed with a vote of 3-0-4.

MOTION:     Sen. Weiler moved to adjourn. The motion passed with a vote of 3-0-4.

President Niederhauser adjourned the meeting at 5:43 p.m.

__________________________

Sen. Todd Weiler, Chair