20 House Building, Utah State Capitol Complex

February 20, 2015

Members Present:                            Rep. LaVar Christensen, Chair

Rep. Merrill Nelson, Vice Chair

                                                            Rep. Fred C. Cox 

                                                            Rep. Bruce Cutler

                                                            Rep. Brian M. Greene

                                                            Rep. Craig Hall

                                                            Rep. Brian S. King

                                                            Rep. Curtis Oda

                                                            Rep. V. Lowry Snow

                                                            Rep. Kevin J. Stratton

                                                            Rep. Mark A. Wheatley



Staff Present:                                    Mr. Gregg Girvan, Policy AnalystMs. Linda Black, Committee Secretary


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

Chair Christensen called the meeting to order at 8:10 a.m.


H.B. 240         Judicial Discretion in Sentencing Amendments (Rep. K. McIff)

Rep. McIff explained the bill to the committee.


Spoke for the bill:                   Ron Gordon, Executive Director, Commission on Criminal and       Juvenile Justice

Spoke against the bill:            Gary Scheller, Crime Victims Council


MOTION:     Rep. Stratton moved to pass the bill out favorably. The motion passed with Rep. Cutler and Rep. Nelson voting in opposition. Rep. Greene was absent for the vote.


H.B. 244         Alimony Support Amendments (Rep. K. Stratton)

Rep. Stratton explained the bill to the committee.


Spoke for the bill:                   Dani Hartvigsen, Coalition for the Preservation of Family Values

                                                The handout, "What is the problem with imputing income to a stay-at-                                                home parent?" was distributed to the committee.


Spoke against the bill:            Stewart Ralphs, Family Law Section of the Utah State Bar



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


1.    Page 1, Line 1:    


1                       {  CHILD  }  Alimony  SUPPORT AMENDMENTS


2.    Page 3, Line 87 through Page 4, Line 102:   


87   (8) (a) The court shall consider at least the following factors in determining alimony:

* * * Some lines not shown * * *

88(i) the financial condition and needs of the recipient spouse;89(ii) the recipient's earning capacity or ability to produce income;90(iii) the ability of the payor spouse to provide support;91(iv) the length of the marriage;92(v) whether the recipient spouse has custody of minor children requiring support;93(vi) whether the recipient spouse worked in a business owned or operated by the payor94spouse; [and]95(vii) whether the recipient spouse directly contributed to any increase in the payor96spouse's skill by paying for education received by the payor spouse or enabling the payor97spouse to attend school during the marriage[.]; and98   (viii) whether the recipient spouse was primarily a stay-at-home parent caring for a

99child of the payor spouse, and {  if   }  not  found {  not  } to be at fault {  , the court may order alimony:

100 (A) for a duration of at least the number of years that the marriage existed; and

101 (B) to cover any decrease in child support to the recipient spouse if the payor spouse

102has corresponding decrease in child support obligations  }  under Subsection 30-3-5(8)(c)  .


The motion passed unanimously with Rep. Nelson and Rep. Snow absent for the vote.


MOTION:     Rep. Cutler moved to pass the bill out favorably as amended. The motion passed with Rep. Cox, Rep. King, Rep. Snow and Rep. Wheatley voting in opposition. Rep. Nelson was absent for the vote.


2nd Sub. H.B. 109     Expungement of Administrative Action (Rep. B. Greene)


Rep. Greene explained 2nd Substitute H.B. 109 to the committee.


Spoke to the bill:                    Steve Burton, Utah Area Defense Lawyers


Spoke against the bill:            Francine Giani, Executive Director, Department of Commerce


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


1.    Page 17, Line 501:     


501 (b) not been the subject of disciplinary action  or a criminal conviction  during the preceding three years;


2.    Page 18, Lines 532 through 537:    


532 (e) the agency head, or the agency head's designee, after {  weighing  }  balancing  the public's interest

533against the petitioner's right to privacy, determines that {  administrative expungement would

534unreasonably endanger the health or safety of the public  }  the risk to the public that would result from administrative expungement outweighs the petitioner's privacy interest  ; or

535 (f) the agency head, or the agency head's designee, determines that the petitioner's

536behavior was of such {  an egregious or malicious  }  a  nature that the passage of additional time is

537required before administrative expungement is warranted.


3.    Page 19, Lines 553 through 554:    


553 (c) shared by the agency with another  state  agency, if that agency agrees to not make the

554record available to the public; and


The motion passed unanimously.


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


1.    Page 17, Lines 496 through 503:    


496 (3) "Eligible petitioner" means an individual who was previously the subject of

497disciplinary action by a state agency but who has:

498 (a) not been convicted of a crime for behavior related to the disciplinary action, unless

499that criminal conviction has been expunged under Title 77, Chapter 40, Utah Expungement


501 (b) not been the subject of disciplinary action during the preceding {  three  }  five  years;

502 (c) at least two years before the date of the application, fully complied with agency

503requirements regarding previous disciplinary action; and


The motion passed with Rep. Greene voting in opposition.


MOTION:     Rep. Oda moved to pass the bill out favorably as amended. The motion failed with Chair Christensen, Rep. Greene, Rep. Oda, Rep. Snow and Rep. Stratton voting in favor.


H.B. 277         Statute of Limitations for Civil Actions (Rep. K. Ivory)


Rep. Ivory explained the bill to the committee and distributed a pamphlet, "The Foundation For Survivors of Abuse."


Spoke for the bill:       Deondra Brown, Founder and President, Foundation for Survivors of Abuse

                                   DeAnn Tilton, citizen


MOTION:     Rep. Cox moved to amend the bill.



MOTION:     Rep. King moved to hold the bill. The motion passed unanimously.


MOTION:     Rep. Cutler moved to adjourn the meeting. The motion passed unanimously.


Chair Christensen adjourned the meeting at 10:00 a.m.




LaVar Christensen, Chair