| Members Present: Sen. Todd Weiler, Chair Rep. Karianne Lisonbee, Chair Sen. Kirk A. Cullimore Sen. Luz Escamilla Sen. Lyle W. Hillyard Rep. Cheryl K. Acton Rep. Brady Brammer Rep. Craig Hall Rep. Jon Hawkins Rep. Eric K. Hutchings Rep. Brian S. King Rep. Stephanie Pitcher | Rep. Travis M. Seegmiller Rep. Steve Waldrip Rep. Mark A. Wheatley Members Absent: Rep. V. Lowry Snow Staff Present: Adam J. Sweet, Policy Analyst Kristina King, Policy Analyst Jacqueline Carlton, Associate General Counsel Christopher Williams, Associate General Counsel Amy Hawkes, Administrative Assistant |
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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 Weiler called the meeting to order at 9:04 a.m. |
| 1. Committee Business |
| MOTION: Rep. Hawkins moved to approve the minutes of the August 19, 2020, meeting. The motion passed with a vote of 11-0-5. | |||
| Yeas - 11 | Nays-0 | Abs-5 | |
| Rep. C. Acton Rep. B. Brammer Sen. K. Cullimore Sen. L. Escamilla Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. K. Lisonbee Rep. S. Waldrip Sen. T. Weiler Rep. M. Wheatley | Sen. L. Hillyard Rep. B. King Rep. S. Pitcher Rep. T. Seegmiller Rep. V. Snow |
| 2. Withdrawing Guilty Pleas |
| 3a Withdrawal of Plea Handout |
| Senator Weiler gave history and background information on withdrawing guilty pleas and what the current statute says in Utah. |
| Joanna Landau, Director, Utah Indigent Defense Commission, talked about what work is being done in Utah's Commission on Criminal and Juvenile Justice's (CCJJ) work group concerning withdrawing guilty pleas. |
| Thomas Brunker, Deputy Solicitor General, Criminal Appeals Division, Utah Attorney General's Office, gave further information about CCJJ's work group and answered committee questions. |
| Deondra Brown, Musician with The 5 Browns, Victim of Childhood Abuse, shared her experience with abuse and how her father's case relates to withdrawing guilty pleas. |
| 3. Review of Anti-SLAPP Law |
| Rep. Lisonbee introduced Heather Andrews, Americans for Prosperity. |
| Heather Andrews introduced Eric Goldman, Professor of Law, Santa Clara University School of Law. |
| 2a Proposed Amendments to Utah Citizen Participation in Government Act (78B-6-1401-1405) |
| 2b Uniform Public Expression Protection Act (Source: National Conference of Commissioners on Uniform State Laws) |
| Eric Goldman presented information on Anti-SLAPP laws throughout the United States and in Utah, gave examples where an Anti-SLAPP law could be beneficial, and answered committee questions. |
| MOTION: Rep. Acton moved to open a committee bill file studying Anti-SLAPP Law. The motion failed with a vote of 7-8-1. | |||
| Yeas - 7 | Nays-8 | Abs-1 | |
| Rep. C. Acton Rep. C. Hall Sen. L. Hillyard Rep. B. King Rep. K. Lisonbee Rep. S. Waldrip Sen. T. Weiler | Rep. B. Brammer Sen. K. Cullimore Sen. L. Escamilla Rep. J. Hawkins Rep. E. Hutchings Rep. S. Pitcher Rep. T. Seegmiller Rep. M. Wheatley | Rep. V. Snow |
| 4. School Children Access to Pornography |
| Rep. Seegmiller gave background information on, and shared his personal experience with, school children's access to pornography in schools. |
| Michelle Boulter, parent of a son who had access to pornography through his school computer, and Member of the Utah State School Board, shared her story and answered committee questions. |
| 4a Presentation: Protect Utah Children From Exploitation at School |
| Nicholeen Peck, President, The Worldwide Organization for Women; and President, Utah Empowered Families Coalition, discussed problems with databases used in Utah schools. |
| Robert Gowans, Educator and CTE Specialist for Tooele County School District; and Past President of Tooele Education Association, shared his experience as a teacher and the impact he has seen access to pornography in schools have on teachers and students. |
| Debi Dixon, resident, shared Karen Broadhead, Director and Parent Support Specialist, Life Changing Services, and concerned parent's, statement to the committee. |
| Stephanie Lauritzen, teacher, Canyon School District, spoke to pornography access in schools. |
| Natalie Cline, candidate being considered for the Utah State School Board, spoke to pornography access in schools. |
| Karen Hall, resident, asked other members of the public who supported the presentation and suggestions made by Nicholeen Peck to raise their hand electronically, and spoke to pornography access in schools. |
| Committee discussed the issues related to access to pornography in schools, asked presenters questions, and presented further information about the item. |
| MOTION: Rep. Lisonbee moved to open a committee bill file to study access to pornography in schools. The motion passed with a vote of 15-0-1. | |||
| Yeas - 15 | Nays-0 | Abs-1 | |
| Rep. C. Acton Rep. B. Brammer Sen. K. Cullimore Sen. L. Escamilla Rep. C. Hall Rep. J. Hawkins Sen. L. Hillyard Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. S. Waldrip Sen. T. Weiler Rep. M. Wheatley | Rep. V. Snow |
| 5. Paycheck Garnishments |
| Rep. Hutchings shared his experience, and his concerns, with paycheck garnishments. |
| Senator Cullimore gave further information on the issues with paycheck garnishments. |
| Chair Weiler gave an example of how paycheck garnishments work and gave some recommendations for helping solve issues with them. |
| Sen. Hillyard addressed his concerns with paycheck garnishments. |
| Rep. King presented information on state debt collection processes. |
| Jacob Franklin, Assistant Attorney General, State Office of Debt Collection, answered committee questions. |
| Faye Jenkins, resident whose husband was incarcerated, spoke to her experience with paycheck garnishments. |
| MOTION: Rep. Hutchings moved to open a committee bill file to address paycheck garnishment issues. The motion passed with a vote of 13-0-3. | |||
| Yeas - 13 | Nays-0 | Abs-3 | |
| Rep. C. Acton Rep. B. Brammer Sen. K. Cullimore Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. B. King Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. S. Waldrip Sen. T. Weiler Rep. M. Wheatley | Sen. L. Escamilla Sen. L. Hillyard Rep. V. Snow |
| Amanda Montague, Deputy Division Director, Utah Attorney General's Office, reminded the committee of the open bile file "Criminal Restitution Amendments" (2021FL-0508), and the overlap with the paycheck garnishments issue. |
| MOTION: Rep. Hawkins moved to add "Social Media Censorship" to the committee's study item list. The motion passed with a vote of 12-0-4. | |||
| Yeas - 12 | Nays-0 | Abs-4 | |
| Rep. C. Acton Rep. B. Brammer Sen. K. Cullimore Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. S. Waldrip Sen. T. Weiler Rep. M. Wheatley | Sen. L. Escamilla Sen. L. Hillyard Rep. B. King Rep. V. Snow |
| MOTION: Rep. Lisonbee moved to adjourn. The motion passed with a vote of 12-0-4. | |||
| Yeas - 12 | Nays-0 | Abs-4 | |
| Rep. C. Acton Rep. B. Brammer Sen. K. Cullimore Rep. C. Hall Rep. J. Hawkins Rep. E. Hutchings Rep. K. Lisonbee Rep. S. Pitcher Rep. T. Seegmiller Rep. S. Waldrip Sen. T. Weiler Rep. M. Wheatley | Sen. L. Escamilla Sen. L. Hillyard Rep. B. King Rep. V. Snow |
| Chair Weiler adjourned the meeting at 11:45 a.m. |