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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room 20, West Office Building

February 23, 2012

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

MEMBERS ABSENT:    Rep. Paul Ray
        
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. Snow moved to approve the minutes of February 21, 2012. The motion passed unanimously with Rep. Brown, Rep. Hutchings, Rep. Ivory, and Rep. Wheatley absent for the vote.

S.B. 141     Reauthorization of Prohibitions on Practicing Law Without a License (Sen. S. Jenkins) (Rep. K. McIff)

At the request of the Senate sponsor, Rep. McIff presented the bill.

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

MOTION:    Rep.Hutchings moved to place S.B. 141 on the Consent Calendar. The motion passed unanimously with Rel Brown and Rep. Ivory absent for the vote.

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

Rep. Christensen presented the bill to the committee.


MOTION:      Rep. Christensen moved to replace H.B, 161 with 2nd Substitute H.B. 161. The motion passed unanimously with Rep. Brown and Rep. Ivory absent for the vote.

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


0.    Page 9, Lines 258 through 263 :    

             258          (h) that, after a period of trial during which the child was returned to live in the child's
             259      own home, the parent substantially and continuously or repeatedly refused or failed to give the
             260      child proper parental care and protection;
{   or   }

             261          (i) the terms and conditions of safe relinquishment of a newborn child have been
             262      complied with, pursuant to Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn
             263      Child
  ; or

    (j) that the life of the child is in danger  
.


The motion failed with Rep. Cox voting in favor. Rep. King was absent for the vote.

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


1.    Page 2, Lines 45 through 47 :    

             45          (1)
{   The full, balanced consideration and application of the principles and protections

             46      recognized and provided in state law constitutes the best interests of a child.
             47          (2)  
}
Before the 2013 General Session of the Utah Legislature, the Judiciary, Law

2.    Page 3, Lines 64 through 70 :    

             64          (f) allowing increased opportunity for extended family members to help resolve
             65      parental deficiencies in their family without state interference, or loss of a child from the entire
             66      family;
{   and   }

             67          (g) whether the division should:
             68          
{   (ii)   }        (i)       be designated as an authorized lead entity and redirect its current focus and

             69      practices in relation to federal law and the receipt of federal funding to strengthen

families and
             70      prevent child abuse under 42 U.S.C. 5116; and

3.    Page 3, Lines 74 through 75 :    

             74      unification to the fullest extent possible and as described in the January 2011 legislative audit

  ;

    (h) the full, balanced consideration and application of the principles and protections recognized and provided in state law constitutes the best interest of a child  
.

             75          
{   (3)   }        (2)       The division shall provide the interim committee with:


4.    Page 3, Lines 79 through 81 :    

             79      practices of the state.
             80          
{   (4)   }        (3)       The interim committee may request additional information from the division, as

             81      necessary to fulfill the requirements of this section.

The motion passed unanimously with Rep. Herrod and Rep. King absent for the vote


Spoke to the bill:    Mr. Palmer De Paulis, Department of Human Services
            Ms. Laura Bunker, United Families of Utah
            Ms. Lynne Skoworski
            Ms. Gayle Ruzika, Utah Eagle Forum

Spoke in opposition
to the bill:        Ms. Robin Glassey

MOTION:    Rep. Wilson moved to pass 2nd Substitute H.B. 161 out favorably as amended. The motion passed with Rep. Doughty, Rep. King, and Rep. Wheatley voting in opposition.

H.B. 490    Asset Protection Trusts (Rep. D. Brown)

Rep. Brown presented the bill to the committee.

MOTION:    Rep. King moved to pass the bill out favorably. The motion passed unanimously with Rep. Doughty, Rep. Herrod, and Rep. Christensen absent for the vote.


S.B. 100    Law Library Self-help Center (Sen. S. Urquhart) (Rep. V. L. Snow)

At the request of the Senate sponsor, Rep. Snow presented the bill to the committee.

Spoke to the bill:    Mr. Dave Becker

MOTION:    Rep. Hutchings moved to pass the bill out favorably. The motion passed unanimously with Rep. Doughty and Rep. Herrod absent for the vote.

H.B. 231S01        Guardianship Amendments (Rep. K. Powell)

This bill was not heard.

H.B. 346    Amendments Regarding Competency to Stand Trial (Rep. L. Christensen)

The bill was not heard.

MOTION:    Rep. Brown moved to adjourn the meeting. The motion passed unanimously with Rep. Doughty and Rep. Herrod absent for the vote.

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









                    ___________________________________
                    Rep. Kay McIff, Chair