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Rep. Lorie D. Fowlke, Vice Chair
Rep. Sheryl L. Allen
Rep. Jim Bird
Rep. Jackie Biskupski
Rep. Kevin S. Garn
Rep. Keith Grover
Rep. Eric K. Hutchings
Rep. Christine A. Johnson
Rep. Rosalind J. McGee
Rep. Kay L. McIff
Rep. R. Curt Webb
Rep. Mark A. Wheatley
Thomas R. Vaughn, Associate General Counsel
H.B. 470 Amendments to Animal Cruelty Provisions (Rep. S. Allen)
MOTION: Rep. Allen moved to amend the bill as follows:
1. Page 5, Lines 145 through 150 :
145 (g) "Necessary food, water, care, or shelter" means the following, taking into account
146 the species, age, and physical condition of the animal:
147 (i) appropriate and essential food and water;
148 (ii)
{
veterinary care; and
149 (iii) } adequate protection, including appropriate shelter, against extreme weather
150 conditions
{
.
}
; and
(iii) other essential care.
2. Page 10, Lines 292 through 299 :
292 (2) A person
{
who commits an offense described in Subsection
76-9-301
(4)
}
is guilty of
293 a third degree felony if:
294 (a) the
person intentionally or knowingly commits an
offense
{
is
committed
}
described in Subsection 76-9-301(4)(a)
in the presence of a minor;
295 (b) the
person intentionally or knowingly commits an
offense
{
is
committed
}
described in Subsection 76-9-301(4)
incident to one act, scheme,
course of conduct, or criminal
296 episode during which the person committed domestic violence, as defined in Section 77-36-1 ;
297 (c) the
person intentionally or knowingly commits an
offense
{
is
committed
}
described in Subsection 76-9-301(4)(a)
against a companion animal;
or
298 (d)
the person intentionally or knowingly commits an offense described in
Subsection 76-9-301(4) and,
prior to committing the offense, the person is:
299 (i) convicted of a violation of Subsection 76-9-301 (4)
that is punishable under
Subsection 76-9-301(5)(a)
;
The motion to amend the bill passed unanimously with Rep. McGee absent for the vote.
Rep. Allen explained the bill as amended to the committee, assisted by Chad Pratt, Salt Lake County Prosecutor's Office.
Spoke in favor of the bill: Judy Kasten Bell, Utah Domestic Violence Council
Drew Allen, Utah Veterinarians Association
Spoke in opposition to the bill: Todd Bingham, Utah Farm Bureau
MOTION: Rep. Garn moved to proceed to the next item on the agenda.
SUBSTITUTE
MOTION: Rep. Allen moved to pass the bill out with a favorable recommendation. The motion failed with Rep. Allen, Rep. Biskupski, Rep. Johnson, Rep. McGee, and Rep. Wheatley voting in favor of the motion.
The original motion to proceed to the next agenda item passed with Rep. Allen, Rep. Biskupski, Rep. Johnson, Rep. McGee, and Rep. Wheatley voting in opposition to the motion.
Rep. Fowlke relinquished the chair to Rep. Aagard.
H.B. 415 Joint Custody Modifications (Rep. L. Fowlke)
MOTION: Rep. Fowlke moved to delete in title and body H.B. 415 and replace it with 1st Substitute H.B. 415. The motion passed unanimously.
Rep. Fowlke explained 1st Substitute H.B. 415 to the committee.
Spoke to the bill: Stewart Ralphs, Legal Aid Society
Spoke in favor of the bill: Ron Castleton, citizen
John Fidler, I Am Not a Visitor.org
Gordon Oakeson, citizen
Spoke in opposition to the bill: Judy Kasten Bell, Utah Domestic Violence Council
MOTION: Rep. Hutchings moved to pass the bill with a favorable recommendation.
SUBSTITUTE
MOTION: Rep. Biskupski moved to amend the bill as follows:
1. Page 2, Line 49 through Page 3, Line 63 :
49
{
[
}
(b) The court shall, in every case, consider joint custody but may
award any form of
50 custody which is determined to be
{
]
}
51
{
(b) There shall be a rebuttable presumption that joint legal custody, as
defined in
52 Section 30-3-10.1 , is } in the best interest of the child.
{
, so long as the party who
desires joint
53 legal custody files a proposed parenting plan in accordance with Sections 30-3-10.8 and
54 30-3-10.9. The presumption may be rebutted by a showing by a preponderance of the
55 evidence that the following circumstances exist:
56 (i) the parents were not married to each other;
57 (ii) domestic violence in the home or in the presence of the child;
58 (iii) special physical or mental needs of a parent or child, making joint legal custody
59 unreasonable;
60 (iv) physical distance between the residences of the parents, making joint decision
61 making impractical in certain circumstances; or
62 (v) any other factor the court considers relevant, including those listed in Section
63 30-3-10.2 . }
2. Page 4, Lines 97 through 99 :
97 (5) This section establishes neither a preference nor a presumption for or against
{
[
}
joint
98 legal custody,
{
]
}
joint physical custody
{
[
}
,
{
]
}
or sole
{
physical
}
custody, but allows the court and the
99 family the widest discretion to choose a parenting plan that is in the best interest of the child.
3. Page 5, Lines 128 through 132 :
128 (c)
{
[
}
The agreement shall contain
{
]
}
{
An order of joint legal or
physical custody shall
129 require } a parenting plan incorporating a dispute resolution procedure the parties agree to use
{
:
}
130
{
(i) in accordance with Section
30-3-10.9
, or as ordered by the court in
accordance with
131 Subsection 30-3-10.2 (5); and }
132
{
(ii)
}
before seeking enforcement or modification of the terms and conditions of
the
The motion to amend the bill passed with Rep. Hutchings and Rep. Fowlke voting in opposition to the motion.
MOTION: Rep. Biskupski moved to pass 1st Substitute H.B. 415 as amended with a favorable recommendation. The motion passed unanimously.
MOTION: Rep. Johnson moved to adjourn the meeting. The motion passed unanimously.
Rep. Aagard adjourned the meeting at 6:15 p.m.
___________________________________
Rep. Douglas C. Aagard, Chair