Link to Zipped WordPerfect Minutes 10K bytes

MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

February 4, 2005



MEMBERS PRESENT:    Rep. James A. Ferrin, Chair
        Rep. Erik K. Hutchings, Vice Chair    
        Rep. Douglas C. Aagard
        Rep. Glenn A. Donnelson
        Rep. Ben C. Ferry        
        Rep. Lorie D. Fowlke
        Rep. Ann W. Hardy
        Rep. Neal B. Hendrickson
        Rep. David L. Hogue
        Rep. Susan Lawrence        
        Rep. Ross Romero
        Rep. Scott L. Wyatt        
        
MEMBERS ABSENT:    Rep. Rosalind J. McGee

STAFF:    Jerry D. Howe, Policy Analyst
        Crystal Hermanson, Committee Secretary        

NOTE:    A list of visitors and copy of handouts are filed with the committee minutes.     


     Representative Hutchings called the meeting to order at 2:20 p.m.

MOTION:    Representative Donnelson moved to approve the minutes of January 31, 2005 and February 2, 2005. The motion passed unanimously with Representatives Aagard, Ferry, Hendrickson, Hogue, Lawrence, McGee, Romero, and Ferrin.

MOTION:    Representative Hogue moved to place H.B. 73 and H.J.R. 5 on the agenda for Thursday, February 10, 2005. The motion passed 6-1-6, with Representatives Donnelson, Hardy, Hogue, Lawrence, Wyatt, and Hutchings voting in favor of the motion, and Representative Fowlke voting against the motion. Representatives Aagard, Ferry, Hendrickson, McGee, Romero and Ferrin were absent for the vote.

H.B. 163    Garnishment Fees (Rep. S. Mascaro)

Representative Mascaro introduced the bill and explained its intent.

Burt Peterson, General Manager of Carter Distribution spoke for the bill.


MOTION:    Representative Fowlke moved to amend as follows:


1.    Page 2, Lines 33 through 34 :    

             33          (3) An employer may deduct a processing fee of up to $10 from an employee each time
             34      a payment is made to a creditor pursuant to a continuing garnishment
{   .   }        not to exceed $20.00 per month.      

        
        The motion passed 10-0-3, with Representatives Aagard, Donnelson, Ferry, Fowlke, Hardy, Hogue, Lawrence, Romero, Wyatt, and Hutchings voting in favor of the motion. Representatives Hendrickson, McGee, and Ferrin absent for the vote.

MOTION:    Representative Fowlke moved to amend as follows:


1. Page 2, Line 34:
add This processing fee shall be included in the non-exempt amount subject to garnishment. after "not to exceed $20.00 per month."

        The motion passed 10-1-2, with Representatives Aagard, Donnelson, Ferry, Fowlke, Hardy, Hogue, Lawrence, Romero, Wyatt, and Hutchings voting in favor of the motion, and Representative Hendrickson voting against the motion. Representatives McGee and Ferrin absent for the vote.

MOTION:    Representative Fowlke moved to pass the bill out favorably as amended. The motion passed 8-3-2, with Representatives Aagard, Fowlke, Hardy, Hogue, Lawrence, Romero, Wyatt, and Hutchings voting in favor of the motion, and Representative Donnelson, Ferry, and Hendrickson voting against the motion. Representatives McGee and Ferrin absent for the vote.

H.B. 235    Insurance Amendments (Rep. S. Urquhart)

MOTION:    Representative Hogue moved to accept 1st Sub. H.B. 235. The motion passed unanimously 11-0-2, with Representatives McGee and Ferrin absent for the vote.

Representative Urquhart introduced the bill and explained its intent.



The following members of the public spoke for the bill:
    Steven Johnson, Norbest Inc.
    Jennifer Cannaday, Blue Cross Blue Shield
    Steve Sulivan

MOTION:    Representative Lawrence moved to amend 1st Sub. H.B. 235 as follows:


1.    Page 1, Lines 22 through 24 :    

             22          .    provides that if a plaintiff, as the moving party in a trial de novo, does not receive a
             23      verdict that is at least
  $5,000 or       20% or greater than the arbitration award      {   or $5,000   } , the

             24      plaintiff is responsible for the nonmoving party's costs;

2.    Page 4, Lines 108 through 111 :    

             108          (11) (a) If the plaintiff, as the moving party in a trial de novo requested under
             109      Subsection (9), does not obtain a verdict that is at least
  $5,000 or       20%      {   or $5,000   } greater than the

             110      arbitration award,
{   which is greater,   } the plaintiff is responsible for all of the nonmoving party's

             111      costs.

        
        The motion passed unanimously 10-0-3, with Representatives Hogue, McGee, and Ferrin absent for the vote.



MOTION:    Representative Wyatt moved to pass the bill out favorably as amended. The motion passed unanimously 11-0-2, with Representatives Hogue and McGee absent for the vote.

S.B. 104    Judiciary Amendments (Sen. L. Hillyard)

Senator Hillyard introduced the bill and explained its intent.

Mark Jones, Courts, spoke for the bill.

MOTION:    Representative Wyatt moved to pass the bill out favorably. The motion passed unanimously 11-0-2, with Representatives Hogue and McGee absent for the vote.

MOTION:    Representative Fowlke moved to place the bill on the Consent Calendar. The motion passed unanimously 11-0-2, with Representatives Hogue and McGee absent for the vote.

S.B. 116    Arbitration - Use of Subpoena Authorized (Sen. D. Eastman)

Senator Eastman introduced the bill and explained its intent.

MOTION:     Representative Lawrence moved to pass the bill out favorably. The motion passed unanimously 8-0-5, with Representatives Ferry, Hogue, McGee, Wyatt and Ferrin absent for the vote.

MOTION:    Representative Hardy moved to place the bill on the Consent Calendar. The motion passed unanimously 8-0-5, with Representatives Ferry, Hogue, McGee, Wyatt and Ferrin absent for the vote.

S.B. 15    Children's Justice Center Amendments (Sen. D. C. Buttars)

Senator Buttars introduced the bill and explained its intent.

Susan Mitchel, Director of Children's County Justice Center, spoke for the bill.

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

SUBSTITUTE
MOTION:    Representative Hendrickson moved to amend the bill as follows:



1.    Page 1, Lines 14 through 15
    Senate Committee Amendments
    1-20-2005 :    

             14      children or in the presence of children] CRIMES INVOLVING CHILDREN WHEN THE CHILD IS A
             14a      PRIMARY VICTIM OR A CRITICAL WITNESS
{   , SUCH AS DOMESTIC VIOLENCE CASES   } AND

             14b      DRUG-RELATED CHILD ENDANGERMENT CASES s .
             15      Monies Appropriated in this Bill:


2.    Page 2, Lines 32 through 34
    Senate Committee Amendments
    1-20-2005 :    

             32          (b) S [other criminal offense committed against the child or committed in the presence of
             33      the child] OTHER CRIMES INVOLVING CHILDREN WHERE THE CHILD IS A PRIMARY VICTIM OR A
             33a      CRITICAL WITNESS
{   , SUCH AS IN DOMESTIC VIOLENCE CASES   } AND DRUG-RELATED CHILD

             33b      ENDANGERMENT CASES s .
             34          (2) "Agreement" means a written contract between two or more public agencies and


3.    Page 2, Lines 55 through 56
    Senate Committee Amendments
    1-20-2005 :    

             55      committed in the presence of children,] , AND OTHER CRIMES INVOLVING CHILDREN WHERE THE
             55a      CHILD IS A PRIMARY VICTIM OR A CRITICAL WITNESS
{   , SUCH AS IN DOMESTIC VIOLENCE CASES   }

             55b      AND DRUG-RELATED CHILD ENDANGERMENT CASES, s in a facility known as a Children's Justice
             55c      Center.
             56          (b) The attorney general shall administer the program.


4.    Page 3, Line 89 through Page 4, Line 90
    Senate Committee Amendments
    1-20-2005 :    

             89      physical abuse of children S [in the state] , AND OTHER CRIMES IN THE STATE INVOLVING
             89a      CHILDREN WHERE THE CHILD IS A PRIMARY VICTIM OR A CRITICAL WITNESS
{   , SUCH AS IN

             89b      DOMESTIC VIOLENCE CASES   } AND DRUG-RELATED CHILD ENDANGERMENT CASES s ; [and]
             90          (j) providing as many services as possible that are required for the thorough and



5.    Page 4, Lines 100 through 101
    Senate Committee Amendments
    1-20-2005 :    

             100      against children or committed in the presence of children] CRIMES INVOLVING CHILDREN WHERE
             100a      THE CHILD IS A PRIMARY VICTIM OR A CRITICAL WITNESS
{   , SUCH AS IN DOMESTIC VIOLENCE   }

             100b      CASES AND DRUG-RELATED CHILD ENDANGERMENT CASES s , in a facility known as a Children's
             101      Justice Center.

6.    Page 5, Lines 144 through 145
    Senate Committee Amendments
    1-20-2005 :    

             144      committed in the presence of children] CRIMES INVOLVING CHILDREN WHERE THE CHILD IS A
             144a      PRIMARY VICTIM OR A CRITICAL WITNESS
{   , SUCH AS IN DOMESTIC VIOLENCE CASES   } AND

             144b      DRUG-RELATED CHILD ENDANGERMENT CASES s ;
             145          (f) recommend programs to improve the prompt and fair resolution of civil and


7.    Page 5, Lines 149 through 150
    Senate Committee Amendments
    1-20-2005 :    

             149      offenses committed against children or committed in the presence of children] CRIMES INVOLVING
             149a      CHILDREN WHERE THE CHILD IS A PRIMARY VICTIM OR A CRITICAL WITNESS
{   , SUCH AS IN

             149b      DOMESTIC VIOLENCE CASES   } AND DRUG-RELATED CHILD ENDANGERMENT CASES s .
             150          (5) The Advisory Board on Children's Justice may not supersede the authority of the


        The substitute motion to amend the bill passed unanimously 10-0-3, with Representatives Ferry, Hogue, and McGee absent for the vote.


MOTION:    Representative Wyatt moved to pass the bill out favorably. The motion passed unanimously 10-0-3, with Representatives Ferry, Hogue, and McGee absent for the vote.

MOTION:    Representative Hardy moved to adjourn. The motion passed unanimously 10-0-3, with Representatives Ferry, Hogue, and McGee absent for the vote.

Representative Hutchings adjourned the meeting at 4:36 p.m.





                ___________________________________
Rep. James A. Ferrin, Chair