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MINUTES OF THE
HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM 25, HOUSE BUILDING, STATE CAPITOL COMPLEX
January 26, 2010


MEMBERS PRESENT:    Rep. Paul Ray, Chair
                Rep. Trisha S. Beck
                Rep. Bradley M. Daw
                Rep. Phil Riesen
                Rep. Stephen E. Sandstrom
                Rep. Evan J. Vickers

MEMBERS ABSENT:    Rep. Ronda Rudd Menlove, Vice Chair                         
STAFF PRESENT:        Mark D. Andrews, Policy Analyst
                Thomas R. Vaughn, Associate General Counsel
                Sylvia Newton, House Secretary

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


Rep. Ray called the meeting to order at 2:07 p.m. by welcoming the public. Committee members and staff were asked to introduce themselves.


H.B. 86    Department of Human Services - Review and Oversight (Rep. R. Lockhart)

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

1.    Page 2, Line 37 :    

             37      meeting, certain fatality review reports;
  . prohibits the discovery or admission of documents and testimony related to a fatality review report in a civil, judicial, or administrative proceeding;      


2.    Page 18, Lines 545 through 549 :    

             545          (6)
  (a)    As used in this Subsection (6), "fatality review document" means any document created in connection with, or as a result of, a fatality review or a decision whether to conduct a fatality review, including:

(i) a report described in Subsection (1);
(ii) a response described in this section;
(iii) a recommendation regarding whether a fatality review should be conducted;
(iv) a decision to conduct a fatality review;
(v) notes of a person who participates in a fatality review;


(vi) notes of a person who reviews a fatality review report;
(vii) an executive summary described in Subsection 62A-16-302(4);
(viii) minutes of a fatality review;
(ix) minutes of a meeting where a fatality review report is reviewed; and
(x) minutes of, documents received in relation to, and documents generated in relation to, the portion of a meeting of the Health and Human Services Interim Committee or the Child Welfare Legislative Oversight Panel that a fatality review report or a document described in this Subsection (6)(a) is reviewed or discussed.  

{   A report described in Subsection (1) and each response described in this section   }

  (b) A fatality review document       is

             546      not subject to discovery, subpoena, or similar compulsory process in any civil, judicial, or
             547      administrative proceeding, nor shall any individual or organization with lawful access to the
             548      data be compelled to testify with regard to a report described in Subsection (1) or a response
             549      described in this section.
  (c) A fatality review document is not admissable as evidence in a civil, judicial, or administrative proceeding.      


The motion to amend the bill passed unanimously.

Rep. Lockhart explained the amended bill to the committee.

MOTION:    Rep. Daw moved to pass H.B. 86 with a favorable recommendation. The motion passed unanimously.

Rep. Ray relinquished the chair to Rep. Daw.


H.B. 206    Ban on Sale of Smoking Paraphernalia to Minors (Rep. P. Ray)

Rep. Ray explained the bill to the committee.

MOTION:    Rep. Riesen moved to pass H.B. 206 with a favorable recommendation. The motion passed unanimously.

Rep. Ray resumed the chair.




H.B. 12    Abortion Amendments (Rep. C. Wimmer)


MOTION:    Rep. Sandstrom moved to amend H.B. 12 as follows:


1.    Page 1, Lines 1 through 4 :    

             1     
{   ABORTION AMENDMENTS   }

  CRIMINAL HOMICIDE AND ABORTION AMENDMENTS      

             2     
2010 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Carl Wimmer


2.    Page 1, Line 18 :    

             18      under the age of 14 years does not apply to the homicide of an unborn child;
  . provides that a person is not guilty of criminal homicide of an unborn child if the sole reason for the death of the unborn child is that the person refused to consent to medical treatment or a cesarean section or failed to follow medical advice;      


3.    Page 1, Line 25 :    

             25      committing criminal homicide of an unborn child
{   ; and   }

  . clarifies that a woman is not criminally liable for seeking to obtain, or obtaining, an abortion that is permitted by law; and      


4.    Page 2, Line 55 :    

             55      homicide, homicide by assault, negligent homicide, or automobile homicide.
  (3) A person is not guilty of criminal homicide of an unborn child if the sole reason for the death of the unborn child is that the person:

(a)     refused to consent to:
    (i) medical treatment; or
    (ii) a cesarean section; or
(b)    failed to follow medical advice.  


5.    Page 7, Lines 202 through 211 :    

             202          (b) "Abortion" does not include:
             203          (i) removal of a dead unborn child[.];
             204          
{   (ii) the killing or attempted killing of an unborn child by a person other

than a


             205      physician;
             206          (iii) the killing or attempted killing of an unborn child by any person through a
             207      procedure other than:
             208          (A) a medical procedure; or
             209          (B) a substance used under the direction of a physician; or  
}

    
  (ii) removal of an ectopic pregnancy; or      

             210          
{   (iv)   }        (iii)       the killing or attempted killing of an unborn child without the consent of the

             211      pregnant woman, unless:

6.    Page 10, Lines 300 through 301 :    

             300          [(2) Notwithstanding any other provision of this section, a woman who seeks to have,
             301      or obtains, an abortion for herself is not criminally liable.]
  (2) A woman is not criminally liable for seeking to obtain, or obtaining, an abortion that is permitted by this part.      


The motion to amend the bill passed unanimously.

Rep. Wimmer explained the amended bill to the committee.

Spoke to the bill:    Christopher Ballard, Attorney General's Office
                Marina Lowe, ACLU of Utah
                Melissa Bird, Planned Parenthood of Utah

Spoke in favor of the bill:    Gayle Ruzicka, Utah Eagle Forum
                            Laura Bunker, United Families Utah

Spoke in opposition to the bill:    George Chapman, citizen

MOTION:    Rep. Sandstrom moved to pass H.B. 12 as amended with a favorable recommendation. The motion passed unanimously.


H.B. 74    Adoption and Child Custody Amendments (Rep. S. Allen)

Rep. Allen explained the bill to the committee, assisted by Larry Jenkins, Utah Adoption Council.




MOTION:    Rep. Daw moved to pass H.B. 74 with a favorable recommendation. The motion passed unanimously.


H.B. 88    Electronic Cigarette Restrictions (Rep. R. Menlove)

H.B. 88 was not considered.


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

Rep. Ray adjourned the meeting at 3:32 p.m.






                        __________________
                        Rep. Paul Ray
                        Committee Chair