MINUTES OF THE

HOUSE JUDICIARY

STANDING COMMITTEE

Friday, February 17, 2017 • 4:10 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.

Chair McKell called the meeting to order at 4:11 p.m.

1. H.B. 321 Parenting Plan Amendments (Snow, V. L.)

Rep. V. Lowry Snow presented the bill with the assistance of Russell Manaas.

MOTION:     Rep. Ivory moved to amend H.B. 321 with Amendment #2.

1.    Page 3, Lines 77 through 79:   

77   (c) If no education provision is included in the parent plan:

78   (i) the parent with sole physical custody

79(5)(b); or

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

MOTION:     Rep. Ivory moved to amend H.B. 321 with Amendment #3.

1.    Page 3, Lines 80 through 81:   

80   (ii) in the event of joint physical custody, the parent having the child the majority of the

81time, pursuant to Subsection 30-3-10.3(4)

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

MOTION:     Rep. Ivory moved to report a favorable recommendation on H.B. 321, as amended.

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

2. S.B. 121 Adoption Act Amendments (Hillyard, L.)

Sen. Lyle W. Hillyard presented the bill.

MOTION:     Rep. Pitcher moved to report a favorable recommendation on S.B. 121.

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

MOTION:     Rep. McKell moved to place S.B. 121 on the Consent Calendar.

The motion passed with a vote of 12-0-0.

Rep. Snow assumed the chair.

Rep. Kim Coleman presented the bill.

3. H.B. 284 Student Right to Active Counsel (Coleman, K.)

Jeff Lambert, Utah System of Higher Education, spoke to the bill.

Sean Hollinger spoke in favor of the bill.

MOTION:     Rep. Lisonbee moved to amend H.B. 284 with Amendment #1.

1.    Page 3, Line 86 through Page 4, Line 91:     

86recognition of the student organization.

87   (9)

88including an appeal that is:

89   

90   

91   (10) (a) "Student disciplinary proceeding" means a proceeding initiated by an

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

MOTION:     Rep. Greene moved to report a favorable recommendation on H.B. 284, as amended.

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

4. H.B. 326 Campus Sexual Violence Protection Act (Coleman, K.)

Rep. Kim Coleman presented the bill.

Jeff Lambert, Utah System of Higher Education, spoke in favor of the bill.

Turner Bitton, Utah Coalition Against Sexual Assault, spoke in opposition to the bill.

MOTION:     Rep. Lisonbee moved to report a favorable recommendation on H.B. 326.

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

5. H.B. 323 Code of Criminal Procedure Amendments (Coleman, K.)

Rep. Kim Coleman presented the bill with the assistance of Mr. Steve Burton, Utah Association of Criminal Defense Lawyers.

Mr. Ryan Richards spoke to the bill.

MOTION:     Rep. Pulsipher moved to amend H.B. 323 with Amendment #1.

1.    Page 2, Lines 50 through 52:   

50   (l) any offense against property described in Title 76, Chapter 6, Part 1, Property

51Destruction,

52cohabitant in fear of serious bodily injury;

SUBSTITUTE MOTION:   Rep. Ivory moved to amend H.B. 323 with Amendment #2.

1.    Page 2, Lines 50 through 52:   

50   (l) any offense against property described in Title 76, Chapter 6, Part 1, Property

51Destruction

52cohabitant in fear of serious bodily injury  

The motion passed with a vote of 6-4-2.

MOTION:     Rep. King moved to report a favorable recommendation on H.B. 323, as amended.

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

MOTION:     Rep. Wheatley moved to adjourn.

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

Vice Chair Snow adjourned the meeting at 7:12 p.m.

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Rep. Michael K. McKell, Chair