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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room 223 - State Capitol Building

February 12, 2003


MEMBERS PRESENT:
    Rep. Ben C. Ferry, Chair
        Rep. J. Stuart Adams, Vice Chair    
        Rep. Chad E. Bennion
        Rep. Katherine M. Bryson
        Rep. Greg J. Curtis
        Rep. Neal B. Hendrickson
        Rep. Eric K. Hutchings
        Rep. M. Susan Lawrence
        Rep. Dana C. Love
        Rep. Rosalind J. McGee
        Rep. J. Morgan Philpot
        Rep. Mike Thompson        
        
MEMBERS ABSENT:    Rep. Scott Daniels

STAFF:    Jerry D. Howe, Policy Analyst
        Cherri White, Committee Secretary            

VISITORS:    List of visitors on file            

    Representative Adams called the meeting to order at 8:07 a.m.

H.B. 222    Child Welfare Proceedings Amendments     (G. Curtis)

    The sponsor introduced the bill to the committee.

    Speaking in favor of the bill were Gayle Ruzicka, Utah Eagle Forum, Sherrie Raymond, JEDI, Steve Barrows, Utah Families Association, Adam Tripp, Division of Child and Family Services. Speaking against the bill Tammy Anderson, Utah PTA. Speaking to the bill Kristin Brewer, Office of Guardian ad Litem, and Rick Schwermer, Administrative Office of the Courts.

MOTION:    Representative Bryson moved to pass the bill out favorably. The motion passed 9-2-2, with Representatives Lawrence and McGee voting against the motion, and Representative Philpot absent for the vote.

H.B. 6    Shared Parenting by Divorcing Parents     (M. Thompson)

MOTION:    Representative Thompson moved to adopt 1st Substitute H.B. 6. The motion passed unanimously with Representatives Bennion, Bryson, and Philpot absent for the vote. Representative Thompson proceeded to introduce the substitute bill and explain the differences to the committee.



    Speaking in favor of the bill were Louise Lindorf, Utah School Teachers, Robert Durkee, representing himself, Brent Holdaway, President, Utah FOCUS, and Alfonzo Rodriguez, FOCUS. Speaking against the bill were Stewart Ralphs, Legal Aid Society, Lori Nelson, Family Law section Utah State Bar, Jackie de Geston, and Gayle Ruzicka, Utah Eagle Forum. (See handouts on file)

MOTION:    Representative Hutchings moved to amend:

1.     Page 2, Line 38:    After “party,” insert “residing with the primary parent

    After committee discussion the motion was withdrawn.

MOTION:    Representative Love moved to pass the bill out favorably.

SUBSTITUTE
MOTION:
    Representative Bryson moved to go to the next item on the agenda. The motion failed 5-5-3, with Representatives Bryson, Hutchings, Lawrence, McGee and Philpot voting in favor of the motion, Representatives Hendrickson, Love, Thomson, Adams, and Ferry voting against the motion, and Representatives Bennion and Curtis absent for the vote.

    Returning to the motion to pass the bill out favorably, the motion passed 8-2-3, with Representatives McGee and Philpot voting against the motion, and Representatives Bennion and Curtis absent for the vote.

1st Sub. H.B. 201    Judiciary Amendments     (M. S. Lawrence)

    The sponsor introduced the bill to the committee.

    Rick Schwermer, Administrative Office of the Courts, answered questions from the committee. Stephen Unopolas, representing himself spoke in favor of the bill.

MOTION:    Representative Bryson moved to pass the bill out favorably. The motion passed unanimously with Representatives Bennion, Curtis, and Love absent for the vote.

S.B. 128    Protective Order Amendments     (L. Hillyard)

    The sponsor introduced the bill to the committee and discussed the Senate amendments.

    Speaking in favor of the bill were John T. Nielsen, Utah State Bar, and citizen Todd Snow. Speaking against the bill were Stewart Ralphs, Legal Aid Society, and Brent Holdaway, President, Utah FOCUS. (See handouts on file)


MOTION:    Representative Bryson moved to hold the bill.

MOTION:    Representative Bennion moved to adjourn. The motion passed unanimously, with Representative Curtis absent for the vote. The meeting adjourned at 10:04 a.m.








                ___________________________________
Rep. Ben C. Ferry, Chair