! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines for remote public comment

Link to Zipped WordPerfect Minutes 8K bytes

MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

February 7, 2007

MEMBERS PRESENT:
    Rep. Douglas C. Aagard, Chair
        Rep. Lorie D. Fowlke, Vice Chair
        Rep. Sheryl L. Allen
        Rep. Jim Bird
        Rep. Jackie Biskupski
        Rep. Keith Grover
        Rep. Eric K. Hutchings
        Rep. Christine A. Johnson
        Rep. Rosalind J. McGee
        Rep. Kay L. McIff
        Rep. Mark A. Wheatley
        Rep. Scott L. Wyatt

MEMBERS ABSENT:    Rep. Kevin S. Garn            
        
STAFF PRESENT:    Jerry D. Howe, Policy Analyst
        Sylvia Newton, Committee Secretary    

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

Representative Aagard called the meeting to order at 8:20 a.m.

MOTION:    Rep. Fowlke moved to approve the minutes of the February 2, 2007 meeting. The motion passed unanimously with Rep. Allen, Rep. Bird, Rep. Hutchings, Rep. Johnson, and Rep. Wheatley absent for the vote.

H.B. 128S1    Divorce Orientation (Rep. L. Fowlke)

MOTION:    Rep. Fowlke moved to amend 1st Substitute H.B. 128 as follows:

1.    Page 3, Lines 67 through 77 :    

             67          (5) The divorce orientation course shall be
  neutral, unbiased,       at least one hour in duration        ,       and include:

* * * Some lines not shown * * *

             73          (e) a discussion of the process of divorce;
{   and   }

             74          (f) options available for proceeding with a divorce, including:
             75          (i) mediation;
             76          (ii) collaborative law; and
             77          (iii) litigation
  ; and

    (g) a discussion of post-divorce resources  
.


The motion to amend the bill passed unanimously with Rep. Allen, Rep. Bird, Rep. Hutchings, and Rep. Johnson absent for the vote.

Rep. Fowlke presented the bill as amended to the committee.

MOTION:    Rep. Grover moved to pass 1st Substitute H.B. 128 as amended out favorably. The motion passed with Rep. Biskupski, Rep. Wheatley, and Rep. Wyatt voting in opposition to the motion. Rep. Bird, Rep. Hutchings, and Rep. Johnson were absent for the vote.

S.B. 109    Transfers of Structured Settlements (Sen. E. Mayne)

Sen Mayne explained S.B. 109 to the committee, assisted by Alan Hennebold, Labor Commission.

Spoke in favor of the bill:    LaRee Miller, Utah Citizens Alliance
            Tom Bingham, Utah Manufacturers Association
            Dennis Lloyd, Worker's Compensation Fund

MOTION:    Rep. Hutchings moved to pass S.B. 109 out favorably. The motion passed unanimously with Rep. Bird and Rep. Wyatt absent for the vote.

H.B. 179    Expungement Law Amendments (Rep. L. Fowlke)

Rep. Fowlke introduced H.B. 179 and explained it to the committee, assisted by Clark Harms, Board of Pardons and Parole.

Spoke in favor of the bill:    Seanna Williams, social worker

MOTION:    Rep. Biskupski moved to pass H.B. 179 out favorably. The motion passed unanimously with Rep. Bird and Rep. Wyatt absent for the vote.

H.B. 343    Foster Placement and Adoption Amendments (Rep. L. Fowlke)

MOTION:    Rep. Fowlke moved to amend the bill as follows:

1.    Page 6, Lines 158 through 162 :    

             158          (9) If, following the shelter hearing,
{   the court decides to place   } the child        is placed       with a person

             159      who is not a parent, relative, or former foster parent of the child,
{   the court, and the Division of

             160      Child and Family Services, shall give  
}
priority
  shall be given       to a foster

placement with a man and a woman


             161      who are married to each other, unless it is in the best interests of the child to place the child
             162      with a single foster parent.

The motion to amend the bill passed unanimously with Rep. Bird, Rep. Grover, and Rep. Wyatt absent for the vote.

Rep. Fowlke explained H.B. 343 as amended to the committee.

Spoke in favor of the bill:    Duane Betournay, Deputy Director, Division of Child and Family Services
            Dallis Pierson, Utah Foster Care Foundation
            Bill Duncan, Sutherland Institute (handouts)

MOTION:    Rep. Biskupski moved to proceed to the next item on the agenda.

SUBSTITUTE
MOTION:    Rep. Hutchings moved to pass H.B. 343 out favorably. The substitute motion passed with Rep. Biskupski, Rep. Johnson, Rep. McGee, and Rep. Wheatley voting in opposition to the motion and Rep. Wyatt absent for the vote.

H.B. 180    Parole Amendments (Rep. C. Oda)

Rep. Oda introduced H.B. 180 and explained it to the committee. He provided a handout to committee members. Clark Harms, Board of Pardons and Parole, assisted in the presentation.

MOTION:    Rep. Grover moved to pass H.B. 180 out favorably. The motion passed unanimously with Rep. Wyatt absent for the vote.

MOTION:    Rep. Allen moved to adjourn the meeting. The motion passed unanimously with Rep. Wyatt absent for the vote.

Rep. Aagard adjourned the meeting at 9:30 a.m.





                ___________________________________
                Rep. Douglas C. Aagard, Chair