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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

February 8, 2005



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

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 4:35 p.m.

H.B. 204    Statute of Limitations Amendments (Rep. D. Clark)

MOTION:    Representative Aagard moved to adopt 1st Sub. H.B. 204. The motion passed unanimously 8-0-5, with Representatives Donnelson, Ferry, Hogue, McGee, and Wyatt absent for the vote.

Representative Clark introduced the bill and explained its intent.

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



H.B. 131    Access to Health Care Facilities and Places of Worship (Rep. D. Aagard)

Representative Aagard introduced the bill and explained its intent.

Dani Eyer, ACLU of Utah, spoke against the bill.

MOTION:    Representative Fowlke moved to pass the bill out favorably. The motion passed 10-1-2, with Representatives Aagard, Donnelson, Fowlke, Hardy, Hendrickson, Hogue, Lawrence, Wyatt, Hutchings, and Ferrin voting in favor of the motion, and Representative Romero voting against the motion. Representatives Ferry and McGee were absent for the vote.

H.B. 56    Divorce Amendments (Rep. P. Wallace)

Representative Wallace introduced the bill and explained its intent.

The following members of the public spoke for the bill:
    Judy KastenBell, Utah Domestic Violence Council
    Stewart Ralphs, Legal Aid Society
    Jill Burton, Sutherland Institute

MOTION:    Representative Wyatt moved to amend the bill as follows:

        Page 3, Line 58: add to the end of the sentence, "Possible child custody and support order presumptions based on the cause of divorce."

        The motion failed 3-9-1, with Representatives McGee, Wyatt, and Hutchings voting in favor of the motion, and Representatives Aagard, Donnelson, Fowlke, Hardy, Hendrickson, Hogue, Lawrence, Romero, and Ferrin voting against the motion. Representative Ferry was absent for the vote.

MOTION:    Representative McGee moved to amend the bill as follows:

        Page 2, Line 30: after the word "following", delete the word "nine" and replace it with "eleven"

        Page 2, Line 34: insert "(c) The President of the Utah State Bar shall designate two members of the Family Law Section of the Utah State Bar."





SUBSTITUTE
MOTION:    Representative Ferrin moved to pass the bill out favorably.

MOTION:    Representative Fowlke moved to Call the Question. The motion to end debate passed unanimously 12-0-1, with Representative Ferry absent for the vote.

        The substitute motion to pass the bill out favorably passed unanimously 12-0-1, with Representative Ferry absent for the vote.

S.B. 42    Alcohol Restricted Drivers (Sen. C. Walker)

MOTION:    Representative Lawrence moved to accept 1st Sub. S.B. 42. The motion passed 9-1-3, with Representatives Aagard, Donnelson, Hardy, Hendrickson, Hogue, Lawrence, McGee, Wyatt, and Hutchings voting in favor of the motion, and Representative Romero voting against the motion. Representatives Ferry, Fowlke, and Ferrin were absent for the vote.

Senator Walker introduced the bill and explained its intent.

The following members of the public spoke for the bill:
    Art Brown, M.A.D.D.
    Dan Fallow, Law Enforcement Committee
    Susan Burke, USAAV    

MOTION:    Representative Fowlke moved to pass the bill out favorably. The motion passed 11-1-1, with Representatives, Aagard, Donnelson, Fowlke, Hardy, Hendrickson, Hogue, Lawrence, McGee, Wyatt, Hutchings, and Ferrin voting in favor of the motion, and Representative Romero voting against the motion. Representative Ferry was absent for the vote.

H.B. 131    Access to Health Care Facilities and Places of Worship (Rep. D. Aagard)

MOTION:    Representative Wyatt moved to reconsider action on H.B. 131. The motion passed unanimously 12-0-1, with Representative Ferry absent for the vote.

MOTION:    Representative Wyatt moved to amend the bill as follows:


1.    Page 2, Lines 47 through 54 :    

             47          (2) (a) A person is guilty of preventing or impeding passage to a health care facility or
             48      place of worship if the person
  intentionally or       knowingly obstructs, detains, hinders,

impedes, or blocks


             49      another person's entry to or exit from the health care facility or place of worship.
             50          (b) A person who violates Subsection (2)(a) is guilty of a class B misdemeanor.
             51          (3) (a) A person is guilty of unlawfully interfering with passage to a health care facility
             52      or place of worship if, within a radius of 100 feet from any entrance door to a health care
             53      facility or place of worship, the person
  intentionally or       knowingly approaches within eight feet of another

             54      person for the purpose of:


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

        Page 2, Line 48: after the word "person" add the words "intentionally and"
        Page 2, Line 53: after the word "person" add the words "intentionally and"

        Representative Fowlke withdrew the motion.

        The original motion to amend the bill passed 11-1-1, with Representatives Aagard, Donnelson, Fowlke, Hardy, Hendrickson, Hogue, Lawrence, McGee, Wyatt, Hutchings, and Ferrin voting in favor of the motion, and Representative Romero voting against the motion. Representative Ferry was absent for the vote.


MOTION:    Representative Hogue moved to adjourn. The motion passed unanimously 12- 0-1, with Representative Ferry absent for the vote.

Representative Hutchings adjourned the meeting at 6:06 p.m.







                ___________________________________
Rep. James A. Ferrin, Chair