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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 23, 2010

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

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. Bird called the meeting to order at 8:12 a.m.

MOTION:    Rep. Powell moved to approve the minutes of the February 19, 2010 meeting. The motion passed unanimously with Rep. Allen, Rep. Gibson, Rep. Grover and Rep. Wheatley absent for the vote.


H.B. 162    Unlawful Sexual Conduct with a Minor (Rep. R. Edwards)

Rep. Edwards explained the bill to the committee with the assistance of Jason Barnes, Utah Adoption Council.

Spoke for the bill:    James Wadman, Utah Adoption Council.

Spoke against the bill:    Jacey Skinner, Utah Sentencing Commission.

MOTION:    Representative Biskupski moved to pass H.B. 162 with a favorable recommendation.


SUBSTITUTE
MOTION:
    Rep. Fowlke moved to proceed to the next item on the agenda. The motion passed with Rep. Biskupski and Rep. McIff voting against the motion, and with Rep. Gibson and Rep. Wheatley absent for the vote.


H.B. 289    Judicial Nominating Commission Amendments (Rep. C. Oda)

Rep. Oda explained the bill to the committee.

Spoke to the bill:    Rick Schwermer, Assistant State Court Administrator.

MOTION:    Rep. McIff moved to adopt 1st Sub. H.B. 289 The motion passed unanimously with Rep. Allen and Rep. Gibson absent for the vote.

MOTION:    Rep. McIff moved to amend 1st Sub. H.B. 289 as follows:

1.    Page 8, Lines 217 through 228 :    

             217          78A-10-203. Procedure.
             218          (1)
{   Except for the chief justice of the Supreme Court, each commissioner is a voting

             219      member of the Appellate Court Nominating Commission.
             220          (2)  
}
Four commissioners are a quorum.
             221          
{   (3)   }        (2)       The [state court administrator shall] governor shall appoint a member of the

             222      governor's staff to serve as [secretary] staff to the Appellate Court Nominating Commission.
             223          
{   (4)   }        (3)       The [chief justice of the Supreme Court] governor shall:

             224          (a) ensure that the commission follows the rules promulgated by the [Judicial Council]
             225      governor; and
             226          (b) resolve any questions regarding those rules.
             227          
{   (5)   }        (4)       A member of the commission who is also a member of the Utah State Bar may

             228      recuse himself if there is a conflict of interest that makes the member unable to serve.

2.    Page 9, Lines 260 through 272 :    

             260          78A-10-303. Procedure.


             261          (1)
{   Except for the chief justice of the Supreme Court, each trial court nominating

             262      commissioner is a voting member of the commission.
             263          (2)  
}
Four commissioners are a quorum.
             264          
{   (3)   }        (2)       The [state court administrator shall] governor shall appoint a member of the

             265      governor's staff to serve as [secretary] staff to each Trial Court Nominating Commission.
             266          
{   (4)   }        (3)       The [chief justice of the Supreme Court] governor shall:

             267          (a) ensure that each Trial Court Nominating Commission follows the rules
             268      promulgated by the [Judicial Council] governor; and
             269          (b) resolve any questions regarding those rules.
             270          
{   (5)   }        (4)       A member of a Trial Court Nominating Commission who is also a member of the

             271      Utah State Bar may recuse himself if there is a conflict of interest that makes the member
             272      unable to serve.

    The motion to amend 1st Sub. H.B. 289 passed unanimously with Rep. Allen and Rep. Gibson absent for the vote.

MOTION:    Rep. McIff moved to amend 1st Sub. H.B. 289 as follows:

1.    Page 7, Lines 210 through 211 :    

             210          
{   [   } (6) (a) The chief justice of the Supreme Court      {   is   }        shall appoint another member of the judicial council to serve as       an ex officio, nonvoting member of

             211      the Appellate Court Nominating Commission.
{   ]   }


2.    Page a9, Lines 253 through 254 :    

             253          
{   [   } (8) (a) The chief justice of the Supreme Court      {   is   }        shall appoint another member of the judicial council to serve as       an ex officio, nonvoting member of

             254      each Trial Court Nominating Commission.
{   ]   }


    The motion to amend 1st Sub. H.B. 289 passed unanimously with Rep. Allen and Rep. Gibson absent for the vote.

MOTION:    Rep. Fowlke moved to amend 1st Sub. H.B. 289 as follows:




1.    Page 9, Lines 252 through 256 :    

             252      Utah State Bar to a Trial Court Nominating Commission.
             253          
{  [   } (8) (a) The       presiding judge of the district served by the trial court nominating commission       is an ex officio, nonvoting member of

             254      each Trial Court Nominating Commission.]
             255          [(b) If the
{  chief justice   }       presiding judge       cannot serve on the commission, the      {  chief justice   }       presiding judge       shall appoint

             256      another
{  justice of the Supreme Court   }       judge of the district       to serve.      {  ]   }


    
Rep. Fowlke withdrew the motion.

MOTION:    Rep. McIff moved to pass 1st Sub. H.B. 289 as amended with a favorable recommendation. The motion failed with Rep. Grover, Rep. Hutchings, Rep. McIff, Rep. Powell and Rep. Bird voting in favor of the motion.


H.B. 364    Right of Identity Theft Victim to Civil Cause of Action (Rep. Julie Fisher)

Rep. Fisher explained the bill to the committee with the assistance of Richard Hamp, Assistant Attorney General. A handout entitled Right of Identity Theft Victim to Civil Cause of Action was distributed to the committee.

Spoke in favor of the bill:    Ronald Mortensen.

MOTION:    Rep. Hutchings moved to pass H.B. 364 with a favorable recommendation. The motion passed unanimously with Rep. Powell absent for the vote.

MOTION:    Rep. Gibson moved to place H.B. 364 on the Consent Calendar. The motion passed unanimously with Rep. Powell absent for the vote.


H.B. 355    Legal Guardianship Amendments (Rep. S. Sandstrom)

The bill was not considered.



H.B. 150    Administrative Subpoena Amendments (Rep. B. Daw)

Rep. Daw explained the bill to the committee.

MOTION:
    Rep. Fowlke moved to amend as follows:

1.    Page 1, Lines 23 through 24 :    

             23      the commission of a criminal offense, to
{   include   }        specify       when the agency reasonably

             24      believes
{   the criminal   }        a felony       offense        or stalking or electronic communication harassment       may have been committed.


2.    Page 3, Lines 67 through 68 :    

             67      communications system or service or remote computing service has been
{   or may have been   }

             68      used in the commission of [the]
{   a criminal   }        any felony       offense        , or the offense of stalking under Section 76-5-106.5 or electronic communication harassment under Section 76-9-201,       , the prosecutor may issue an administrative


3.    Page 3, Lines 87 through 88 :    

             87      produce any records under
{   Subsection   }        Subsections       (2)        (a) through (g)       that are reasonably relevant to the investigation of

             88      the suspected [sexual offense against a minor]
{   criminal activity or   }        felony       offense        , or the offense of stalking under Section 76-5-106.5 or electronic communication harassment under Section 76-9-201,       as described in the


    The motion to amend H.B. 150 passed unanimously with Rep. McIff and Rep. Powell absent for the vote.

Spoke in favor of the bill:    Wade Farraway, Assistant Attorney General.

Spoke against the bill:    Kent Hart, Utah Association of Criminal Defense Lawyers.

MOTION:    Rep. Fowlke moved to pass H.B. 150 as amended with a favorable recommendation. The motion passed with Rep. King voting in opposition to the motion.


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

Rep. Bird adjourned the meeting at 9:59 a.m.




                ___________________________________
                    Rep. Lorie Fowlke, Chair