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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 2, 2010

MEMBERS PRESENT:    Rep. Lorie D. Fowlke, Chair
        Rep. Jim Bird, Vice Chair
        Rep. Sheryl L. Allen
        Rep. Jackie Biskupski
        Rep. Francis Gibson
        Rep. Eric K. Hutchings
        Rep. Christine A. Johnson
        Rep. Brian King
        Rep. Kay L. McIff
        Rep. Kraig Powell
        Rep. Mark A. Wheatley
        
MEMBERS ABSENT:    Rep. Keith Grover
        
STAFF PRESENT:    Jerry D. Howe, Policy Analyst
        Kathy Sorg, Committee Secretary
    

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

Rep. Fowlke called the meeting to order at 2:15 p.m.

MOTION:    Rep. Gibson moved to approve the minutes of the January 27, 2010 meeting. The motion passed unanimously with Rep. Allen, Rep. Biskupski, Rep. Hutchings and Rep. McIff absent for the vote.

Rep. Fowlke relinquished the chair to Rep. Bird.

H.B. 249    Emancipation Amendments (Rep. L. Fowlke)

Rep. Fowlke explained the bill to the committee.

MOTION:    Representative Allen moved to pass H.B. 249 with a favorable recommendation. The motion passed unanimously with Rep. Biskupski, Rep. Hutchings and Rep. McIff absent for the vote.

MOTION:    Rep. Fowlke moved to place H.B. 249 on the Consent Calendar. The motion passed unanimously with Rep. Biskupski, Rep. Hutchings and Rep. McIff absent for the vote.

Rep. Fowlke resumed the chair.



S.B. 78    Constitutional Revision Commission Duties (Sen. J. Valentine) (Rep. S. Sandstrom)

Sen. Valentine explained the bill to the committee.

MOTION:    Rep. Gibson moved to pass S.B. 78 with a favorable recommendation. The motion passed unanimously with Rep. Biskupski and Rep. Johnson absent for the vote.

S.B. 79    Fraudulent Transfer Amendments (Sen. J. Valentine) (Rep. J. Bird)

Sen. Valentine explained the bill to the committee.

MOTION:    Rep. McIff moved to pass S.B. 79 with a favorable recommendation. The motion passed unanimously with Rep. Biskupski and Rep. Johnson absent for the vote.

MOTION:    Rep. Bird moved to place S.B. 79 on the Consent Calendar. The motion passed unanimously with Rep. Biskupski and Rep. Johnson absent for the vote.

S.B. 91    Prosecutor Appeals (Sen. D. Liljenquist) (Rep. C. Oda)

Sen. Liljenquist explained the bill to the committee.

Spoke in favor of the bill:    Paul Boyden, Utah Statewide Association of Prosecutors.

Spoke against the bill:    Robert Latham, Utah Association of Criminal Defense Lawyers.

MOTION:    Rep. McIff moved to pass S.B. 91 with a favorable recommendation. The motion passed with Rep. Hutchings voting in opposition. Rep. Johnson and Rep. Powell were absent for the vote.

H.B. 195    Homicide Penalty Amendment (Rep. C. Wimmer)

Rep. Wimmer explained the bill to the committee.

Spoke in favor of the bill:    Paul Boyden, Utah Statewide Association of Prosecutors.

MOTION:    Rep. Gibson moved to pass H.B. 195 with a favorable recommendation. The motion passed with Rep. Johnson and Rep. Powell absent for the vote.

MOTION:    Representative Gibson moved to adjourn the meeting. The motion passed unanimously with Rep. Johnson and Rep. Powell absent for the vote.

Rep. Fowlke adjourned the meeting at 3:15 p.m.




                ___________________________________
                    Rep. Lorie Fowlke, Chair