Link to Zipped WordPerfect Minutes 9K bytes
Members Present: Sen. James M. Evans, Chair
Sen. Ron Allen
Sen. Beverly Evans
Sen. Scott K. Jenkins Sen. Paula F. Julander
Sen. Peter Knudson
Sen. David L. Thomas
Members Excused: Sen. Leonard Blackham
Staff Present: Mark Andrews, Policy Analyst
Jeanne Wride, Committee Secretary
Public Speakers Present: Melva Sine, Utah Restaurant Association
Greg Guber, Utah Restaurant Association
Craig Swapp, attorney
Jim Olsen, Utah Food Industry Association
Brian King, Utah Trial Lawyers Association
Joyce Maughan, attorney
Vicki Peterson, Utah Eagle Forum
Kim Grant, For Children's Sake
Michael Gough, parent
Karen Clark, Utah Families
Kristen, Brewer, Gaurdian Ad Litem
Russell Siaz
Ammie Green, IHC Health Plans
Dan Cloguett, citizen
Paul Sorensen, parent
David L. Corwin, MD
Joyce Kinmont, Utah Families
Craig Barlow, Assistant Attorney General
A list of visitors and a copy of handouts are filed with the committee minutes.
Sen. J. Evans called the meeting to order at 8:10 a.m.
MOTION TO APPROVE MINUTES:
MOTION: Sen. Allen moved to approve the minutes of February 12, 2004.
The motion passed unanimously with Sen. B. Evans, Sen. Jenkins, and Sen. Thomas absent for the vote.
1. 1st SUB. S.B. 214 PROHIBITION OF OBESITY LAWSUITS (Sen. H Stephenson)
Sen. Stephenson presented the bill to the committee.
Melva Sine, Utah Restaurant Association; Greg Guber, Utah Restaurant Association; and
Jim Olsen, Utah Food Industry Association, spoke in favor of the bill. Craig Swapp,
attorney, and Brian King, Utah Trial Lawyers Association, spoke in opposition.
MOTION: Sen. Thomas moved to pass 1st. Sub. S.B. 214 out of committee with a
favorable recommendation.
SUBSTITUTE. MOTION: Sen. Allen moved to hold 1st. Sub. S.B. 214;
The motion failed with Sen. J. Evans, Sen. Jenkins, Sen. Knudson, and Sen. Thomas
voting against and Sen. B. Evans absent at the time of the vote.
The original motion passed with Sen. Allen and Sen. Julander voting against and Sen. B.
Evans absent at the time of the vote.
Sen. Thomas assumed the chair.
2. 1st SUB. H.B. 82 VIRTUAL VISITATION AMENDMENTS (Rep.
Aagard)
Rep. Aagard presented the bill to the committee.
Joyce Maughan, attorney; Michael Gough, parent; Kristen Brewer, Gaurdian Ad Litem;
spoke in favor of the bill. Vicki Peterson, Utah Eagle Forum; Kim Grant, For Children's
Sake; and Karen Clark, Utah Families; spoke in opposition. Russel Siaz spoke to the bill.
MOTION: Sen. Knudson moved to pass 1nd Sub H.B. 82 out of committee with a
favorable recommendation.
The motion passed unanimously with Sen. J. Evans and Sen. Allen absent for the vote.
3. H.B. 95 CLARIFICATION OF DEPENDENT HEALTH CARE COVERAGE
AMENDMENTS (Rep. Kiser)
Rep. Kiser presented the bill to the committee.
Ammie Green, IHC Health Plans, spoke to the bill.
MOTION: Sen. Jenkins moved to pass H. B. 95 out of committee with a favorable
recommendation.
The motion passed unanimously with Sen. J. Evans, Sen. Allen, and Sen. Knudson absent at the time of the vote.
4. 1st. SUB. H.B. 54 VIDEOTAPE OF MINORS (Rep. Harper)
MOTION: Sen. Jenkins moved to amend the bill as follows:
1. Page 1, Lines 14c through 14d
House Floor Amendments
2-10-2004 :
14c . ENCOURAGES A WORKER TO AUDIOTAPE ALL
14d CHILD; AND
2. Page 2, Lines 32 through 34k
House Floor Amendments
2-10-2004 :
32 H [
32a any
33 subsequent viewer of the recording
33a TAPING SESSION h ]] ; and
34 H [
34a
34b SECTION SHALL BE CARRIED OUT IN AN EXISTING CHILDREN'S JUSTICE CENTER OR IN OTHER
34c INTERVIEW ROOMS. IF CIRCUMSTANCES REQUIRE THAT AN INTERVIEW TAKE PLACE OUTSIDE OF
34d A PREPARED FACILITY, THE INTERVIEWER SHALL USE THE BEST EQUIPMENT AND THE BEST
34e SETTING AVAILABLE UNDER THE CIRCUMSTANCES.
34f (3) A WORKER WHO MEETS WITH A CHILD FOR THE PURPOSES OF AN INVESTIGATIVE
34g INTERVIEW SHALL BE ENCOURAGED TO RECORD THE INTERVIEW
SESSION BY MEANS OF
34h
AUDIOTAPE.
]]
(a) If the Children's Justice Center or a soft interview room is not available, the interviewer shall use the best setting available under the circumstances.
(b) If the equipment required under Subsection (1) is not available, the interview shall be audiotaped, provided that the interviewer shall clearly state on the tape:
(i) the time, date, and place of the interview;
(ii) the full name and age of the child being interviewed; and
(iii) that the equipment required under Subsection (1) is not available and why.
(3) A worker who meets with a child subsequent to the initial investigative interview shall be encouraged to record any interaction by means of an audiotape. At the beginning of the tape, the worker shall state clearly the time, date, and place of the meeting, and the full name and age of the child in attendance.
34i (4) A PARENT OR GUARDIAN WHO ACCOMPANIES A CHILD WHILE MEETING WITH A
34j WORKER MAY NOT BE PROHIBITED FROM AUDIOTAPING THE INTERACTION BETWEEN THE CHILD
34k AND WORKER. h
The motion passed unanimously with Sen. J. Evans, Sen. Allen, and Sen. Knudson absent for the vote.
Dan Cloguett, citizen, spoke to the bill. Paul Sorensen, parent; Joyce Kinmont, Utah Families; and Karen Clark, Utah Families spoke in favor of the bill. David L. Corwin, MD and Craig Barlow, Assistant Attorney General, spoke in opposition.
MOTION: Sen. Jenkins moved to pass 1st Sub. H.B. 54, as amended, out of committee with a favorable recommendation.
The motion failed with Sen. B. Evans and Sen. Julander voting against and Sen. J. Evans, Sen. Allen, and Sen. Knudson absent for the vote.
5. H.C. R. 2 INDIVIDUALS WITH DISABILITIES ACT RESOLUTION (Rep. Holdaway)
H. C. R. 2 was not heard.
MOTION: Sen. Jenkins moved to adjourn.
The motion passed unanimously with Sen. J. Evans, Sen. Allen, and Sen. Knudson absent for the vote.
Acting committee chair Thomas adjourned the meeting at 10:05 a.m.
Minutes reported by Jeanne Wride, Secretary