MINUTES OF THE

HOUSE JUDICIARY

STANDING COMMITTEE

Thursday, February 16, 2017 • 8:00 am • 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.

Chair McKell called the meeting to order at 8:00 a.m.

MOTION:     Rep. Pulsipher moved to approve the minutes of the Tuesday, February 7, Friday, February 10, and Tuesday, February 14, 2017, meetings. The motion passed with a vote of 7-0-5.

1. H.B. 199 High Needs Children Adoption Amendments (Nelson, M.)

Rep. Merrill F. Nelson presented the bill with the assistance of Utah Attorney General Sean D. Reyes.

Mr. David Carlson, Child Protection Division, Utah Attorney General's Office, spoke in favor of the bill.

Mr. Ronald Mortensen spoke in favor the bill.

MOTION:     Rep. Snow moved to report a favorable recommendation on H.B. 199.

SUBSTITUTE MOTION:   Rep. Cutler moved to hold H.B. 199. The motion failed with a vote of 3-9-0.

Rep. Snow's motion to report a favorable recommendation on H.B. 199 passed with a vote of 8-3-1.

2. H.B. 54 Campus Free Speech Amendments (Coleman, K.)

Rep. Kim Coleman presented the bill.

Mr. Spencer Jenkins, Board of Regents, spoke to the bill.

Ms. Marina Lowe, Legislative and Policy Counsel, ACLU of Utah, spoke in favor of the bill.

Mr. Brad Asay, AFT Utah, spoke in favor of the bill.

MOTION:     Rep. King moved to report a favorable recommendation on H.B. 54.

SUBSTITUTE MOTION:   Rep. Lisonbee moved to amend H.B. 54 with Amendment #1.

1.    Page 3, Lines 87 through 89:   

87   (i) at least $500 for an initial violation; and

88   (ii)

89   (c) may award a prevailing plaintiff:

The motion passed with a vote of 11-0-1.

MOTION:     Rep. King moved to report a favorable recommendation on H.B. 54, as amended. The motion passed with a vote of 11-0-1.

3. H.B. 68 Crime Victims Reparation Board Sunset Extension (Christensen, L.)

Rep. LaVar Christensen presented the bill.

MOTION:     Rep. Cutler moved to report a favorable recommendation on H.B. 68. The motion passed with a vote of 11-0-1.

MOTION:     Rep. Cutler moved to place H.B. 68 on the Consent Calendar. The motion passed with a vote of 11-0-1.

4. H.B. 248 Domestic Violence Related Amendments (Christensen, L.)

Rep. LaVar Christensen presented the bill with the assistance of Ms. Heather Wolsey.

Ms. Amie Curtis, victim advocate, spoke in favor of the bill.

Mr. Stewart Ralphs, Legal Aid Society, spoke to the bill.

MOTION:     Rep. Ivory moved to replace H.B. 248 with 1st Substitute H.B. 248. The motion passed with a vote of 11-0-1.

MOTION:     Rep. Pitcher moved to amend 1st Substitute H.B. 248 with Amendment #1.

1.    Page 11, Lines 307 through 311:    

307domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the

308issuance of continuous protective orders under this Subsection (6) because of the need to

309provide ongoing protection for the victim and to be consistent with the purposes of protecting

310victims' rights under Chapter 37, Victims' Rights, and Chapter 38, Rights of Crime Victims

311Act

The motion passed with a vote of 11-0-1.

MOTION:     Rep. King moved to report a favorable recommendation on 1st Substitute H.B. 248, as amended. The motion passed with a vote of 11-0-1.

MOTION:     Rep. King moved to adjourn. The motion passed with a vote of 11-0-1.

Chair McKell adjourned the meeting at 9:57 a.m.

________________________________________

Rep. Michael K. McKell, Chair