| Members Present: Rep. Michael K. McKell, Chair Rep. V. Lowry Snow, Vice Chair Rep. Kim F. Coleman Rep. Bruce R. Cutler Rep. Brian M. Greene Rep. Ken Ivory Rep. Brian S. King Rep. Karianne Lisonbee | Rep. Dixon M. Pitcher Rep. Susan Pulsipher Rep. Tim Quinn Members Absent: Rep. Mark A. Wheatley Staff Present: Mr. Joseph T. Wade, Policy Analyst Mr. Steve Benard, Committee Secretary |
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Note: A copy of related materials and an audio recording of the
meeting can be found at www.le.utah.gov.
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| Chair McKell called the meeting to order at 8:07 a.m. |
| MOTION: Rep. Pulsipher moved to approve the February 28, 2018, meeting minutes. The motion passed with a vote of 7-0-5. | |||
| Yeas - 7 | Nays-0 | Abs-5 | |
| Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. K. Lisonbee Rep. M. McKell Rep. S. Pulsipher Rep. V. Snow | Rep. K. Coleman Rep. B. King Rep. D. Pitcher Rep. T. Quinn Rep. M. Wheatley |
| 1. H.B. 438 Child Custody Amendments (Edwards, R.) |
| Rep. Rebecca P. Edwards explained the bill with the assistance of Mr. Dan Deuel, National Parents' Organization of Utah, and Ms. Lesley Garaycochea. |
| Ms. Lesley Garaycochea spoke in favor of the bill. |
| Mr. Stewart Ralphs, Legal Aid Society, spoke against the bill. |
| Ms. Jody Robinson spoke against the bill. |
| Ms. Amber North spoke against the bill. |
| Ms. Roni Adams, Stop Abuse Campaign, spoke against the bill. |
| Ms. Dani Palmer, Utah Eagle Forum, spoke against the bill. |
| MOTION: Rep. Cutler moved to return H.B. 438 to the Rules Committee with a recommendation that the bill be studied during the interim. The motion passed with a vote of 9-0-3. | |||
| Yeas - 9 | Nays-0 | Abs-3 | |
| Rep. K. Coleman Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. B. King Rep. K. Lisonbee Rep. M. McKell Rep. S. Pulsipher Rep. V. Snow | Rep. D. Pitcher Rep. T. Quinn Rep. M. Wheatley |
| 2. S.B. 156 Unclaimed Property Act Amendments (Hillyard, L.) |
| Sen. Lyle W. Hillyard explained the bill with the assistance of Mr. David Damschen, Utah State Treasurer. |
| MOTION: Rep. Pulsipher moved to report a favorable recommendation on S.B. 156. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. K. Coleman Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. B. King Rep. M. Wheatley |
| MOTION: Vice Chair Snow moved to place S.B. 156 on the Consent Calendar. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. K. Coleman Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. B. King Rep. M. Wheatley |
| 3. S.B. 151 Court Security Funding Amendments (Adams, J. S.) |
| Sen. J. Stuart Adams explained the bill with the assistance of Mr. Reed Richards. |
| Mr. Val Shupe, Executive Director, Utah Chiefs of Police, spoke in favor of the bill. |
| Mr. Chris Palmer, Security Officer for State Courts, spoke in favor of the bill. |
| Ms. Jacey Skinner, Administrative Office of the Courts, spoke in favor of the bill. |
| MOTION: Rep. Cutler moved to report a favorable recommendation on S.B. 151. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. B. King Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. K. Coleman Rep. M. Wheatley |
| MOTION: Rep. Cutler moved to place S.B. 151 on the Consent Calendar. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. B. King Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. K. Coleman Rep. M. Wheatley |
| 4. S.J.R. 10 Joint Resolution Dissolving Newton, Amalga, and Lewiston Justice Courts (Hillyard, L.) |
| Sen. Lyle W. Hillyard explained the bill. |
| MOTION: Rep. Lisonbee moved to report a favorable recommendation on S.J.R. 10. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. B. King Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. K. Coleman Rep. M. Wheatley |
| MOTION: Rep. Pitcher moved to place S.J.R. 10 on the Consent Calendar. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. B. King Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. K. Coleman Rep. M. Wheatley |
| 5. 1st Sub. S.B. 159 Forcible Entry and Detainer (Dayton, M.) |
| Sen. Margaret Dayton explained the bill with the assistance of Mr. Jeremy Shorts, attorney. |
| Mr. Mike Ostermiller, Utah Association of Realtors, spoke to the bill. |
| Ms. Jacey Skinner, Administrative Office of the Courts, spoke to the bill. |
| Rep. Pitcher moved to report a favorable recommendation on 1st Substitute S.B. 159. |
| SUBSTITUTE MOTION: Rep. King moved to amend 1st Substitute S.B. 159 with Amendment 1. The Substitute motion failed with a vote of 2-8-2. | |||
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Amendment 1
1st Sub. S.B. 159 248 (a) The tenant may be served with a declaration of abandonment that includes at least a 249 contact address for the owner, contains a brief factual basis supporting the owner's reasonable 250 belief that the presumption of abandonment under Subsection (1) has been met, and states the 251 date and time of service and includes the following language, or language that is substantially 252 similar: "It is believed that these premises are abandoned and the owner is seeking to regain 253 possession of the premises. If a tenant in legal possession of the premises has not abandoned 254 the premises, the tenant must dispute abandonment in writing within { 255 declaration of abandonment by providing a copy to the owner at the contact address included 256 with this declaration of abandonment. If written notice is not served on the owner within { 257 hours, the owner may retake possession of the premises." The { 258 Subsection (2)(a) does not include a Saturday, a Sunday, or a holiday during which the Utah 259 state courts are closed. 260 (b) Service of the declaration of abandonment by the owner and any dispute or rebuttal 261 by the tenant shall be made pursuant to Section 78B-6-805. 262 (c) If the tenant fails to dispute the declaration of abandonment in writing by serving 263 notice to the owner within { 264 Saturday, a Sunday, or a holiday during which the Utah state courts are closed, the declaration 265 of abandonment serves as prima facia evidence that the tenant has vacated and abandoned the 266 premises. |
| Yeas - 2 | Nays-8 | Abs-2 | |
| Rep. B. King Rep. M. McKell | Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. K. Lisonbee Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. K. Coleman Rep. M. Wheatley |
| Rep. Pitcher's motion to report a favorable recommendation on 1st Substitute S.B. 159passed with a vote 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. B. King Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. K. Coleman Rep. M. Wheatley |
| MOTION: Rep. Pitcher moved to adjourn. The motion passed with a vote of 10-0-2. | |||
| Yeas - 10 | Nays-0 | Abs-2 | |
| Rep. B. Cutler Rep. B. Greene Rep. K. Ivory Rep. B. King Rep. K. Lisonbee Rep. M. McKell Rep. D. Pitcher Rep. S. Pulsipher Rep. T. Quinn Rep. V. Snow | Rep. K. Coleman Rep. M. Wheatley |
| Chair McKell adjourned the meeting at 9:37 a.m. |