MINUTES OF THE

HOUSE JUDICIARY

STANDING COMMITTEE

Tuesday, February 7, 2017 • 3:40 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 Lowry Snow called the meeting to order at 3:47 p.m.

MOTION:     Rep. Greene moved to approve the minutes of the February 3, 2017, meeting. The motion passed with a vote of 8-0-4.

1. H.B. 214 Probate Code Amendments (Miles, K.)

Rep. Kelly B. Miles presented the bill.

MOTION:     Rep. Cutler moved to amend H.B. 214 with Amendment #1.

1.    Page 1, Line 18:  

18           ∙      providing sanctions for not honoring a conservator's

2.    Page 8, Lines 230 through 231:      

230may request the conservator to expend the ward's estate by payment to third persons or

231institutions for the ward's care and maintenance.

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

MOTION:     Rep. Lisonbee moved to report a favorable recommendation on H.B. 214, as amended. The motion passed with a vote of 10-0-2.

2. H.B. 198 Concealed Carry Amendments (Lisonbee, K.)

Rep. Karianne Lisonbee presented the bill with the assistance of Hannah Coleman

Alexander Holt spoke in favor of the bill.

Edwin Rutan, Utah Gun Safety Coalition, spoke in opposition to the bill.

Connor Boyack, Libertas Institute, spoke in favor of the bill.

Dr. Ellen Brady spoke in opposition to the bill.

Kyler Atkinson spoke in favor of the bill.

Nancy Halden, Gun Violence Prevention Center of Utah, spoke in opposition to the bill.

Curtis Oda spoke in favor of the bill.

Jenn Oxborrow, Executive Director, Utah Domestic Violence Coalition, spoke in opposition to the bill.

Art Tom, National Rifle Association in Utah, spoke in favor of the bill.

Maryann Christensen, Executive Director, Utah Eagle Forum, spoke in favor of the bill.

Clark Aposhion, Utah Shooting Sports Council, spoke in favor of the bill.

MOTION:     Rep. McKell moved to report a favorable recommendation on H.B. 198. The motion passed with a vote of 10-1-1.

3. H.B. 209 Administration of Medication to Students Amendment (McKell, M.)

Rep. Mike K. McKell presented 1st Substitute H.B. 209.

Mark Brinton, Utah Medical Association, spoke in favor of the bill.

MOTION:     Rep. McKell moved to adopt 1st Substitute H.B. 209. The motion passed with a vote of 10-0-2.

MOTION:     Rep. McKell moved to report a favorable recommendation on 1st Substitute H.B. 209. The motion passed with a vote of 10-0-2.

MOTION:     Rep. McKell moved to place 1st Substitute H.B. 209 on the Consent Calendar. The motion passed with a vote of 10-0-2.

Chair Michael McKell assumed the chair.

4. H.B. 99 Bigamy Offense Amendments (Noel, M.)

Rep. Michael E. Noel presented 1st Substitute H.B. 99 with the assistance of Parker Douglas, Office of the Attorney General.

LuAnn Cooper spoke in favor of the bill.

Connor Boyack, Libertas Institute, spoke in opposition to the bill.

Jessica Christensen spoke in favor of the bill.

Joe Darger spoke in opposition to the bill.

Julia Adkison spoke in favor of the bill.

Valerie Kelch Darger spoke in opposition to the bill.

MOTION:     Rep. Cutler moved to adopt 1st Substitute H.B. 99.

SUBSTITUTE MOTION:   Rep. Greene moved to amend H.B. 99 with Amendment #4.

1.    Page 2, Lines 28 through 30:   

28   (2) Bigamy is

29   (3) It [shall be] is a defense to bigamy that the accused reasonably believed [he] the

30accused and the other person were legally eligible to

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

SUBSTITUTE MOTION:   Rep. Ivory moved to replace H.B. 99 with 1st Substitute H.B. 99 with Amendment #1.

1.    Page 2, Line 28:  

28   (2) Bigamy is a

The motion failed with a vote of 2-8-2. 

Rep. Cutler's motion to adopt 1st Substitute H.B. 99 passed with a vote of 8-2-2.

Voting in the affirmative were:McKell M, Snow V L, Coleman K, Cutler B R, Lisonbee K, Pulsipher S, Quinn T, Wheatley M

voting in the negative were:Greene B, Ivory K

absent or not voting were:King Brian S, Pitcher D

MOTION:          Rep. Snow moved to amend 1st substitute H.B. 99 with Amendment #2.

1.    Page 2, Lines 41 through 44:   

41   (b) the accused is a person who, under reasonable fear of coercion or bodily harm, left

42a bigamous relationship as defined in Subsection (1);

43   (c) the accused is a minor who left a bigamous relationship as defined in Subsection

44(1)

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

MOTION:          Rep. Cutler moved to report a favorable recommendation on 1st Substitute H.B. 99, as amended. The motion passed with a vote of 7-3-2.

5. H.B. 197 Custody and Adoption Amendments (Hawkes, T.)

Rep. Timothy D. Hawkes presented the bill.

Dan Deuel, National Parents Organization of Utah, spoke against the bill.

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

Iris Marie Toone spoke in favor of the bill.

Dr. DaVon Toone spoke in favor of the bill.

MOTION:          Rep. Lisonbee moved to hold H.B. 197. The motion passed with a vote of 8-2-2.

MOTION:          Rep. Coleman moved to adjourn. The motion passed with a vote of 10-0-2.

Chair McKell adjourned the meeting at 7:25 p.m.

______________________________

Michael K. McKell, Chair