MINUTES OF THE
HOUSE JUDICIARY STANDING COMMITTEE MEETING
20 House Building, Utah State Capitol Complex
March 4, 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 4:24 p.m.
MOTION: Rep. Hall moved to approve the minutes of February 27, 2015, and March 3, 2015. The motion passed unanimously.
H.B. 366 Statute of Limitations for Sexual Offenses (Rep. K. Ivory)
Rep. Ivory further explained the bill to the committee.
MOTION: Rep. Hall moved to amend the bill as follows:
1. Page 1, Line 15:
15individual younger than 14 years of age ; and
► provides that a position of trust means a position held by a person who is an adult and who is three or more years older than the victim .
2. Page 2, Line 33:
33 (c) "Position of special trust" means an adult who is three or more years older than the victim, and who holds any of the following positions :
3. Page 2, Line 35:
35 (ii) an athletic manager { who is an adult } ;
4. Page 2, Line 39:
39 (vi) a cohabitant of a parent { if the cohabitant is an adult } ;
5. Page 2, Line 47:
47 (xiv) a recreational leader { who is an adult } ;
6. Page 2, Lines 49 through 50:
49 (xvi) a sibling or a stepsibling { who is an adult } ;
50 (xvii) a scout leader { who is an adult } ;
7. Page 2, Line 53:
53elementary school or secondary school { , and who is 18 years of age or older } ;
8. Page 2, Line 55:
55 (xxi) a youth leader { who is an adult } ; or
The motion passed unanimously with Rep. Oda absent for the vote.
MOTION: Rep. Cutler moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Oda absent for the vote.
Vice Chair Nelson assumed the chair.
1st Substitute H.B. 356 Parent and Child Amendments (Rep. L. Christensen)
Rep. Christensen explained the bill to the committee.
Spoke for the bill: Dan Deuel, national Parents Organization of Utah
MOTION: Rep. Christensen moved to replace 1st Substitute H.B. 356 with 3rd Substitute H.B. 356, Parent and Child Amendments. The motion passed unanimously with Rep. Oda absent for the vote.
MOTION: Rep. Christensen moved to amend the bill as follows:
1. Page 26, Lines 784 through 791:
784(i) subject to Subsection (9)(b)(i), there is a [substantial] serious danger to the physical
785health or safety of the child and the child's physical health or safety may not be protected
786without removing the child from the custody of the child's parent;
787 (ii) (A) the child is suffering [emotional damage; and] { substantial harm that results in
788an observable and material impairment in the child's growth, development, or psychological
789functioning } emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning ;
790 (B) the parent or guardian is unwilling or unable to make reasonable changes that
791would sufficiently prevent future damage; and
The motion passed unanimously with Rep. Oda absent for the vote.
MOTION: Rep. Snow moved to further amend the bill as follows:
1. Page 20, Lines 605 through 607:
605 (2) Unless there is an imminent risk of death or { substantial harm } a deteriorating condition of the child's health , the child shall remain
606in the custody of the parent or guardian while the parent or guardian obtains a second medical
607opinion.
The motion passed unanimously with Rep. Oda absent for the vote.
MOTION: Rep. Greene moved to pass the bill out favorably as substituted and amended. The motion passed with Rep. King and Rep. Wheatley voting in opposition. Rep. Oda was absent for the vote.
H.B. 417 Judicial Proceedings Amendments (Rep. F. Gibson)
Rep. Gibson explained the bill to the committee.
Spoke to the bill: Sean Hullinger, Utah Association of Criminal Defense Lawyers
MOTION: Rep. Cox moved to pass the bill out favorably. The motion passed unanimously with Rep. King, Rep. Oda and Rep. Stratton absent for the vote.
H.B. 322 Religious Liberty and Nondiscrimination Protections (Rep. L. Christensen)
Rep. Christensen explained the bill to the committee with the assistance of Sen. Alvin Jackson.
Spoke for the bill: Gayle Ruzika, Utah Eagle Forum
John Bowers, citizen
Spoke against the bill: Marina Lowe, Legal Counsel, American Civil Liberties Union
Jaceson Maughn, Deputy Commissioner, Utah Labor Commission
MOTION: Rep. Oda moved to replace H. B. 322 with 1st Substitute H.B. 322. The motion passed unanimously.
MOTION: Rep. Cutler moved to pass the bill out favorably as substituted.
SUBSTITUTE
MOTION: Rep. King moved to hold the bill. The motion failed with Rep. Cutler, Rep. Greene,
Rep. Oda, Rep. Stratton, Rep. Nelson, and Chair Christensen voting in opposition.
The original motion to pass the bill out favorably passed with Rep. Cox, Rep. Hall, Rep. King, Rep. Snow and Rep. Wheatley voting in opposition.
H.B. 404 Probate Code Amendments (Rep. V. L. Snow)
Rep. Snow explained the bill to the committee.
MOTION: Rep. Hall moved to pass the bill out favorably. The motion passed unanimously.
MOTION: Rep. Hall moved to place H.B. 404 on the Consent Calendar. The motion passed unanimously.
1st Sub. H.B. 413 Domestic Relations Retirement Shares (Rep. K. McIff)
Rep. McIff explained the bill to the committee.
Spoke to the bill: Dee Larsen, General Counsel, Utah Retirement Systems
MOTION: Rep. Hall moved to replace H.B. 413 with 1st Substitute H.B. 413. The motion passed unanimously.
MOTION: Rep. Hall moved to pass the bill out favorably as substituted. The motion passed unanimously.
S.B. 180 Arbitration Amendments (Sen. S. Urquhart)
Rep. Snow explained the bill to the committee.
Spoke to the bill: Steve Sullivan, lawyer
Spoke for the bill: Chris Purcell, State Farm Insurance
MOTION: Rep. King moved to pass the bill out favorably. The motion passed unanimously.
4th Sub. S.B. 101 Adoption Amendments (Sen. T. Weiler)
Sen Weiler explained the bill to the committee.
MOTION: Rep. Oda moved to replace 4th Substitute S.B. 101 with 5th Substitute S.B. 101. The motion passed unanimously with Rep. Greene, Rep. King and Rep. Christensen absent for the vote.
MOTION: Rep. Oda moved to pass the bill out favorably as substituted. The motion passed unanimously with Rep. Greene, Rep. King and Rep. Christensen absent for the vote.
S.B. 229 Child Support Guidelines Advisory Committee Extension (Sen. L. Hillyard)
This bill was not considered.
MOTION: Rep. Cutler moved to adjourn the meeting. The motion passed unanimously with Rep. Greene, Rep. King and Rep. Christensen absent for the vote.
Vice Chair Nelson adjourned the meeting at 7:05 p.m.
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LaVar Christensen, Chair