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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

February 22, 2008

MEMBERS PRESENT:
    Rep. Douglas C. Aagard, Chair
        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
        
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 4:34 p.m.

MOTION:    Rep. Allen moved to approve the minutes of the February 20, 2008 meeting. The motion passed unanimously with Rep. Biskupski, Rep. Johnson, and Rep. McIff absent for the vote.

H.B. 470    Amendments to Animal Cruelty Provisions (Rep. S. Allen)

MOTION:    Rep. Allen moved to delete in title and body H.B. 470 and replace it with 1st Substitute H.B. 470. The motion passed unanimously.

MOTION:    Rep. Garn moved to pass 1st Substitute H.B. 470 with a favorable recommendation. The motion passed with Rep. Fowlke voting in opposition to the motion.

Rep. Fowlke relinquished the chair to Rep. Aagard.

H.B. 493    Stalking Amendments (Rep. L. Fowlke)

Rep. Fowlke explained H.B. 493 to the committee, assisted by Kristine Knowlton, Attorney General's Office. Handouts were provided to committee members. Trudie Biggers, a victim of stalking, described her experiences and provided a written statement.


Spoke in favor of the bill:    Sheryl Devereaux, Utah Federation of Republican Women (handout)

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

1.    Page 6, Lines 169 through 170 :    

             169          (i) acts in which the actor follows, monitors, observes,
  photographs,       surveils, threatens, or

             170      communicates to or about a person, or interferes with a person's property:

The motion to amend the bill passed unanimously.

MOTION:    Rep. Biskupski moved to pass H.B. 493 as amended with a favorable recommendation. The motion passed unanimously.

Rep. Fowlke resumed the chair.

1st Sub. S.B. 182        Survival Action upon Injury or Death (Sen. M. Waddoups)

Rep. Mciff explained 1st Substitute S.B. 182 to the committee.

Spoke in favor of the bill:    Steve Sullivan, Robert DeBry & Associates

MOTION:    Rep. Johnson moved to pass 1st Substitute S.B. 182 with a favorable recommendation. The motion passed with Rep. Allen and Rep. Bird voting in opposition to the motion and Rep. Garn absent for the vote.

Rep. Fowlke relinquished the chair to Rep. Aagard.

S.B. 198    Child Support Technical Amendments (Sen. G. Bell)

Rep. Fowlke explained the bill to the committee.

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

1.    Page 1, Lines 21 through 22 :    

             21      Other Special Clauses:
             22          
{   None   }        This bill provides an immediate effective date.      


2.    Page 16, Lines 466 through 467 :    

             466      976 - 1,000                                        428
433

             467      1,001 - 1,050                                        
494


    
  Section 3. Effective date.

    If approved by two-thirds of all the members elected to each house, this bill takes effect upon approval by the governor, or the day following the constitutional time limit of Utah Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto override.  


The motion to amend the bill passed unanimously with Rep. Garn and Rep. Johnson absent for the vote.

MOTION:    Rep. Biskupski moved to pass S.B. 198 as amended with a favorable recommendation. The motion passed unanimously with Rep. Garn absent for the vote.

Rep. Fowlke resumed the chair.

S.B. 67    Protection of Constitutionally Guaranteed Activities in Certain Private Venues (Sen. M. Madsen)

MOTION:    Rep. Biskupski moved to table S.B. 67. The motion passed with Rep. Hutchings voting in opposition to the motion and Rep. Garn absent for the vote.

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

Rep. Fowlke adjourned the meeting at 5:42 p.m.






                                    ___________________________________
                                    Rep. Douglas C. Aagard, Chair