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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 25, 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. Christine A. Johnson
        Rep. Brian King
        Rep. Kay L. McIff
        Rep. Kraig Powell
        Rep. Mark A. Wheatley
        
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 8:12 a.m.

MOTION:    Rep. Bird moved to approve the minutes of the February 23, 2009 meeting. The motion passed unanimously with Rep. Allen, Rep. Gibson, Rep. Grover and Rep. Wheatley absent for the vote.


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

Rep. Sandstrom explained the bill to the committee with the assistance of Michael Holmes, Regulators Hockey.

MOTION:    Rep. McIff moved to adopt 1st Sub. H.B. 355. The motion passed unanimously with Rep. Gibson, Rep. Grover and Rep. Wheatley absent for the vote.

MOTION:    Rep. McIff moved to amend 1st Sub. H.B. 355 as follows:

1.    Page 2, Lines 50 through 51 :    

             50          (b) the school district has proven by
{   [   } a preponderance of the      {   ]   }      {   clear and convincing   }

             51      evidence that the primary purpose for the guardianship is to avoid the payment of tuition,



    The motion to amend passed unanimously with Rep. Gibson, Rep. Grover and Rep. Wheatley absent for the vote.

MOTION:    Rep. McIff moved to amend 1st Sub. H.B. 355 as follows:

1.    Page 1, Lines 11 through 15 :    

             11          This bill:
             12          
{   .    increases the burden of proof that a school district must demonstrate to object to a

             13      court appointment of a guardian for a minor if certain evidence is met;  
}

             14          .    requires attorney fees to be paid in certain circumstances; and
             15          .    makes technical changes.

    The motion to amend passed unanimously with Rep. Gibson, Rep. Grover and Rep. Wheatley absent for the vote.

MOTION:    Rep. Powell moved to pass 1st Sub. H.B. 355 as amended with a favorable recommendation. The motion passed with Rep. Allen, Rep. Biskupski, Rep. Johnson and Rep. Bird voting against the motion, and with Rep. Gibson, Rep. Hutchings and Rep. Wheatley absent for the vote.

Rep. Fowlke relinquished the chair to Rep. Bird.


1st Sub. H.B. 133    Release of Court Documents and Child Interviews (Rep. L. Fowlke)

Rep. Fowlke explained the bill to the committee.

MOTION:    Rep. Fowlke moved to amend 1st Sub. H.B. 133 as follows:

1.    Page 12, Lines 358 through 360 :    

             358          (e) Pro se defendants shall be advised by the court that an interview received as part of
             359      discovery is confidential and may not be distributed, released, or displayed without prior
             360      authorization from the court.
  A court's failure to give this notice may not be used as a defense to prosecution for a violation of the disclosure rule.      


2.    Page 13, Lines 376 through 379 :    



             376          (2) Pro se litigants shall be advised by the court that private, protected, or sealed any
             377      documents received by the party that the party would not have received but for the litigation
             378      and pro se representation are confidential and may not be distributed outside the parties or the
             379      court without prior authorization by the court.
  A court's failure to give this notice may not be used as a defense to prosecution for a violation of the disclosure rule.      


3.    Page 15, Lines 431 through 432 :    

             431          (vi) the record is a Children's Justice Center investigative interview, video or audio, the
             432      release of which is governed by Section
{   77-37-44   }        77-37-4       .


    The motion to amend passed unanimously with Rep. Gibson, Rep. Hutchings and Rep. Wheatley absent for the vote.

MOTION:    Rep. Biskupski moved to pass 1st Sub. H.B. 133 as amended with a favorable recommendation. The motion passed unanimously with Rep. Gibson, Rep. Hutchings and Rep. Wheatley absent for the vote.

MOTION:    Rep. Biskupski moved to place 1st Sub. H.B. 133 as amended on the Consent Calendar. The motion passed unanimously with Rep. Gibson, Rep. Hutchings and Rep. Wheatley absent for the vote.


1st Sub. H.B. 256    Child Abuse Database Amendments (Rep. L. Fowlke)

Rep. Fowlke explained the bill to the committee.

MOTION:    Rep. Allen moved to pass 1st Sub. H.B. 256 with a favorable recommendation. The motion passed unanimously with Rep. Hutchings, Rep. McIff and Rep. Wheatley absent for the vote.

Rep. Fowlke resumed the chair.



H.B. 409    Civil Action for Damages Related to Addiction from Illegal Drug Sale (Rep. C. Herrod)

Rep. Herrod explained the bill to the committee.

MOTION:    Rep. Powell moved to amend H.B. 409 as follows:

1.    Page 2, Line 44 :    

             44          (b) [who]
  unlawfully       provided any substance to any person in the chain of transfer of the substance


    The motion to amend passed unanimously with Rep. Allen, Rep. Hutchings and Rep. McIff absent for the vote.

Spoke in favor of the bill:    Peter Cannon, Davis Co. 9/12 Project.
                Gayle Ruzicka, citizen.

MOTION:    Rep. King moved to pass H.B. 409 as amended with a favorable recommendation. The motion passed unanimously with Rep. Hutchings and Rep. McIff absent for the vote.


1st Sub. H.B. 289    Judicial Nominating Commission Amendments (Rep. C. Oda)

Rep. Oda explained the bill to the committee.

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

1.    Page 2, Lines 50 through 54 :    

             50          78A-10-103. Procedures governing meetings of judicial nominating commissions.
             51          (1) The [Judicial Council]
{   governor   }        Commission on Criminal and Juvenile Justice       shall:

             52          (a) in consultation with the Judicial Council, enact rules establishing procedures
             53      governing the meetings of the judicial nominating commissions in accordance with Title 63G,
             54      Chapter 3, Utah Administrative Rulemaking Act; and



    The motion to amend passed unanimously with Rep. Biskupski, Rep. Hutchings, Rep. McIff and Rep. Powell absent for the vote.

Spoke in favor of the bill:    Ron Gordon, Utah Commission on Criminal and Juvenile
                 Justice.

Spoke against the bill:    Marina Lowe, Legislative and Policy Counsel, ACLU.

Spoke to the bill:        John T. Nielsen, Utah State Bar.

MOTION    Rep. Allen moved to pass 1st Sub. H.B. 289 as amended with a favorable recommendation. The motion passed with Rep. Biskupski, Rep. Johnson, Rep. King and Rep. Wheatley voting in opposition to the motion, and with Rep. Powell absent for the vote.


H.B. 62    Penalties for Violent Crime in Presence of a Child (Rep. Janice Fisher)

Rep. Fisher explained the bill to the committee with the assistance of Traci Tanner.

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

1.    Page 3, Line 65
    House Committee Amendments
    2-22-2010 :
    

             65          (4)
{   In addition to any other penalty, the   }        The       court shall order a person who violates


    The motion to amend passed unanimously with Rep. Powell absent for the vote.

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

MOTION:    Rep. Biskupski moved to pass H.B. 62 as amended with a favorable recommendation with the understanding that the sponsor would be making additional amendments. The motion passed unanimously with Rep. Gibson, Rep. King and Rep. Powell absent for the vote.



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

Rep. Fowlke adjourned the meeting at 9:57 a.m.




                ___________________________________
                    Rep. Lorie Fowlke, Chair