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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room 20, West Office Building

February 21, 2012

MEMBERS PRESENT:    Rep. Kay McIff, Chair
                Rep. LaVar Christensen, Vice Chair
                Rep. Derek Brown                
                Rep. Fred Cox
                Rep. Brian Doughty
                Rep. Eric Hutchings
                Rep. Brian King
                Rep. Paul Ray
                Rep. V. Lowry Snow
                Rep. Mark A. Wheatley
                Rep. Brad Wilson

MEMBERS ABSENT:    Rep. Chris Herrod
                Rep. Ken Ivory
        
STAFF PRESENT:        Mr. Jerry D. Howe, Policy Analyst
                Ms. Linda Black, Committee Secretary
    

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

Chair McIff called the meeting to order at 8:15 a.m.

MOTION:    Rep. Ray moved to approve the minutes of February 16, 2012. The motion passed unanimously with Rep. Hutchings and Rep. King absent for the vote.

H.B. 236    Alimony Modifications (Rep. S. Sandstrom)

Rep. Sandstrom presented the bill to the committee.

MOTION:    Rep. Cox moved to replace H.B. 236 with 1st Substitute H.B. 236. The motion passed with Rep. Christensen and Rep. McIff voting in opposition. Rep. Hutchings, Rep. King, and Rep. Ray were absent for the vote.

Spoke to the bill:    Mr. Phil Duncan, Sutherland Institute
            Mr. Todd Stone
        
Spoke in favor
of the bill:        Ms. Gayle Ruzika, Utah Eagle Forum
            Ms. Dani Hartvigsen, Coalition for Preservation of Family Values
            Ms. Cherie Rawlings
            Ms. Kim Grant



Spoke in opposition
of the bill:        Mr. Stewart Ralphs, Legal Aid Society of Salt Lake City

MOTION:    Rep. Cox moved to pass 1st Substitute H.B. 236 out favorably. The motion passed with Rep. Doughty, Rep. Wheatley, and Rep. Wilson voting in opposition. Rep. Hutchings, Rep. King, and Rep. Ray were absent for the vote.

S.B. 154    Judiciary Amendments (Sen. L. Hillyard) (Rep. V. L. Snow)

Rep. Snow presented the bill to the committee.

MOTION:    Rep. Brown moved to pass the bill out favorably. The motion passed unanimously with Rep. Cox and Rep. King absent for the vote.

MOTION:    Rep. Hutchings moved to place S.B. 154 on the Consent Calendar. The motion passed unanimously with Rep. Cox and Rep. King absent for the vote.

H.B. 510    Indigent Defense Act Amendments
(Rep. G. Hughes)

Rep. Hughes presented the bill to the committed.

MOTION:    Rep. Brown moved to replace H.B. 510 with 1st Substitute H.B. 510. The motion passed unanimously with Rep. Cox, Rep. King, Rep. Wheatley, and Rep. Wilson absent for the vote.

Spoke to the bill:    Mr. Adam Trupp, Utah Association of Counties
            Mr. Sean Hullinger, Utah Criminal Defense Attorneys

Spoke in favor
of the bill:        Mr Gary Crane, Layton City attorney
            Mr. Todd Utzinger

MOTION:    Rep. Snow moved to pass 1st Substitute H.B. out favorably. The motion passed unanimously with Rep. Cox, Rep. King, Rep. Wheatley, and Rep. Wilson absent for the vote.

S.B. 168    Uniform Disposition of Community Property Rights At Death Act (Sen. L. Hillyard) (Rep. V. L. Snow)

Rep. Snow presented the bill to the committee.




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


1.    Page 3, Lines 70 through 78 :    

             70          75-2b-104. Disposition upon death.
             71          Upon the death of a married person, 1/2 of the property to which this chapter applies is
             72      the property of the surviving spouse and is not subject to testamentary disposition by the
             73      decedent or distribution under the laws of succession of this state. One-half of that property is
             74      the property of the decedent and is subject to testamentary disposition or distribution under the
             75      laws of succession of this state.
{   With respect to property to which this chapter applies, the 1/2

             76      of the property which is the property of the decedent is not subject to the surviving spouse's
             77      right to elect against the will and no estate of dower or curtesy exists in the property of the
             78      decedent.  
}
  Property to which this chapter applies may not reduce, be subject to, or be used in calculating, the surviving spouse's elective share under this title.      


The motion passed unanimously with Rep. Cox, Rep. Wheatley, and Rep Wilson absent for the vote.

Spoke to the bill:    Mr. Robert Tippett

MOTION:    Rep. King moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Cox, Rep. Wheatley, and Rep. Wilson absent for the vote.

H.B. 231    Guardianship Amendments (Rep. K. Powell)

Rep. Powell presented the bill to the committee.

MOTION:    Rep. Ray moved to replace H.B. 231 with 1st Substitute H.B. 231. The motion passed unanimously with Rep. Cox, Rep. Wheatley, and Rep. Wilson absent for the vote.

Spoke to the bill:    Mr. Rick Schwermer, Office of the Courts




Spoke in opposition
to the bill:        Mr. Michael Jensen, legislative committee, Utah State Bar

MOTION:    Rep. King moved to adjourn the meeting. The motion passed with Rep. Ray voting in opposition.

H.B. 161    Rights of Parents and Children (Rep. L. Christensen)

The bill was not heard.


Chair McIff adjourned the meeting at 9:55 a.m.












    ___________________________________
                    Rep. Kay McIff, Chair