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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

February 16, 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. Mark A. Wheatley
        Rep. Scott L. Wyatt

MEMBERS ABSENT:    Rep. Kevin S. Garn
        Rep. Rosalind J. McGee
        Rep. Kay L. McIff        
        
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 Fowlke called the meeting to order at 4:22 p.m.

MOTION:    Rep. Allen moved to approve the minutes of the February 12, 2007 meeting. The motion passed unanimously with Rep. Grover absent for the vote.


H.B. 385    Process Server Amendments (Rep. L. Shurtliff)

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

1.    Page 2, Lines 28 through 31 :    

             28          (1) Persons who are not peace officers, constables, sheriffs, or lawfully appointed
             29      deputies of such officers, or authorized state investigators, or licensed private investigators may
             30      not serve any forms of civil or criminal process
{   other than complaints, summonses, and

             31      subpoenas  
}
.

The motion to amend the bill passed unanimously.




Rep. Shurtliff explained the bill to the committee, assisted by Larry Braegger, Diversified Investigations and Consultants Inc.

Spoke to the bill:    Rick Schwermer, Administrative Office of the Courts

Spoke in favor of the bill:    Mel Ashton, Private Investigators of Utah

MOTION:    Rep. Wyatt moved to proceed to the next item on the agenda. The motion passed unanimously with Rep. Allen and Rep. Johnson absent for the vote.


S.B. 113    Limitation of Actions (Sen. G. Bell)

Sen. Bell explained S.B. 113 to the committee, assisted by Steve Traynor, Utah Defense Lawyers Association.

MOTION:    Rep. Aagard moved to pass S.B. 113 out favorably. The motion passed unanimously with Rep. Allen absent for the vote.

MOTION:    Rep. Hutchings moved to place S.B. 113 on the Consent Calendar. The motion passed unanimously with Rep. Allen absent for the vote.


S.B. 152    Presumptive Personal Representative (Sen. G. Bell)

Sen. Bell explained S.B. 152 to the committee, assisted by Steve Traynor, Utah Defense Lawyers Association.

MOTION:    Rep. Wyatt moved to pass S.B. 152 out favorably. The motion passed unanimously.

MOTION:    Rep. Wyatt moved to place S.B. 152 on the Consent Calendar. The motion failed with Rep. Johnson voting in opposition to the motion.

Rep. Fowlke relinquished the chair to Rep. Aagard.









H.B. 460    Child and Family Protection (Rep. L. Fowlke)


Rep. Fowlke explained H.B. 460 to the committee.

MOTION:    Rep. Johnson moved to delete in title and body H.B. 460 and replace it with
        1st Sustitute. H.B. 460. The motion passed unanimously.

Spoke to the bill:    Tom Vaughn, Associate General Counsel
            
Spoke in favor of the bill:    Paul Murphy, Attorney General's Office

MOTION:    Rep. Grover moved to pass 1st Substitute H.B. 460 out favorably. The motion passed unanimously.


MOTION:    Rep. Grover moved to adjourn the meeting. The motion passed unanimously.

Rep. Aagard adjourned the meeting at 5:40 p.m.





                        ___________________________________
                        Rep. Douglas C. Aagard, Chair