MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

20 House Building, Utah State Capitol Complex

February 12, 2016


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. Glenda VanWagenen, 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 4:00 p.m.


Rep. Cutler moved to approve the minutes of February 3, 2016. The motion passed

unanimously.


S.B. 105                      Bail Amendments (L. Hillyard)


Sen. Hillyard explained the bill to the committee


Spoke to the bill:        Brett Barrett, Deputy Insurance Commission

                                    Gary Walton, Beehive Bail Bonds


 

MOTION:     Rep. Stratton moved to amend S.B. 105 as follows:


 

1.    Page 31, Line 954:     

 

954 (b) by written undertaking with or without {  [  } sureties {  ]  } {  a bail bond  } at the discretion of the

 

 

 

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February 12, 2016

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2.    Page 32, Lines 958 through 959:    

 

958the current mailing address [and], telephone number, and email address of the {  [  } surety {  ]  }

959 {  individual posting bail  } .

 

The motion passed unanimously.

 

MOTION:     Rep. Stratton moved to pass the bill out favorably as amended. The motion passed unanimously.

 

 

H.B. 91           Interest Rate Amendments (K. Powell)

 

Rep. Powell explained the bill to the committee.

 

Spoke for the bill:       Alan Mortensen, Utah Association for Justice

 

MOTION:                 Rep. King moved to replace H.B. 91 with 1st Sub. H.B. 91.

 

SUBSTITUTE

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

 

 

1.    Page 5, Lines 122 through 133:      

 

122 [(2) Unless] (3) (a) {  If  }  Subject to the other provisions of this Subsection (3), if  a right to interest exists as a matter of law, but parties to a lawful

123contract [specify] have not specified a different rate of interest, the legal rate of interest for [the

124loan or forbearance of any money, goods, or] the contract or other chose in action [shall be

12510% per annum] prior to judgment is the federal postjudgment interest plus {  2%  }  5%  , unless

126otherwise provided by law.

127 (b) The federal postjudgment interest rate used for purposes of Subsection (3)(a) is the

128rate as of January 1 for the year in which:

129 (i) a contract is made; or

130 (ii) when the chose in action other than one based on contract accrues.

131 (c) The legal rate under Subsection (3)(a) at the time that a contract is made or other

 

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February 12, 2016

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132chose in action accrues, shall remain the interest rate for the duration of the contract or other

133chose in action.

 (d) The legal rate under Subsection (3)(a) may not be lower than 5%.  

 

The substitute motion to amend the bill failed, with Rep. Nelson and Rep. Cutler voting in favor.

 

SUBSTITUTE

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

 

 

1.    Page 5, Lines 122 through 133:      

 

122 [(2) Unless] (3) (a) {  If  }  Subject to the other provisions of this Subsection (3), if  a right to interest exists as a matter of law, but parties to a lawful

123contract [specify] have not specified a different rate of interest, the legal rate of interest for [the

124loan or forbearance of any money, goods, or] the contract or other chose in action [shall be

12510% per annum] prior to judgment is the federal postjudgment interest plus {  2%  }  5%  , unless

126otherwise provided by law.

127 (b) The federal postjudgment interest rate used for purposes of Subsection (3)(a) is the

128rate as of January 1 for the year in which:

129 (i) a contract is made; or

130 (ii) when the chose in action other than one based on contract accrues.

131 (c) The legal rate under Subsection (3)(a) at the time that a contract is made or other

132chose in action accrues, shall remain the interest rate for the duration of the contract or other

133chose in action.

 (d) The legal rate under Subsection (3)(a) may not be lower than 5% or higher than 10%.  

 

The motion passed with Rep. Christensen, Rep. Hall, Rep. King, Rep. Stratton, and Rep. Wheatley

voting in opposition.

 

MOTION:                 Rep. Snow moved to pass 1st Sub. H.B. 91 out favorably as amended. The motion passed with Rep. Christensen, Rep. Hall, Rep. King, Rep. Stratton, and Rep. Wheatley

voting in opposition.

 

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February 12, 2016

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H.B. 85           Private Attorney General Doctrine (B. Greene)

 

Rep. Greene explained the bill to the committee with the assistance of Parker Douglas, Utah Attorney General Office.

 

Spoke to the bill: Adam Troupp, Association of Counties

 

Spoke for the bill: Alan Mortenson, Utah Association for Justice

 

MOTION:     Rep. Snow moved to replace H.B. 85 with 1st Sub. H.B. 85 with the following amendment:

 

 

1.    Page 2, Lines 26 through 30:   

 

26   (1) Except as provided in Subsection (2), a court may award reasonable attorney fees

27and reasonable expert fees to the prevailing party in any action or proceeding  filed after May 9, 2016,  that is:

28   (a) against the state or a political subdivision of the state; and

29   (b) to enforce a constitutionally protected right, privilege, or immunity that transcends

30the plaintiff's individual interests.

 

The motion passed unanimously.

 

MOTION:     Rep. Stratton moved to pass 1st Sub. H.B. 85 out favorably as amended. The motion passed unanimously.

 

 

H..B. 234        Adoptive and Foster Parents Amendments (A. Romero)

 

Rep. Romero explained the bill to the committee with the assistance of Brent Platt, DHS.

 

Spoke to the bill:        David Carlson, Utah Attorney General Office

 

Spoke for the bill:       Troy Williams, Equality Utah

 

Spoke against the bill: Laura Bunker, United Families International

                                      Hillary Zekel, Utah Forum

                                      Jackie de Gaston, Eagle Forum

 

MOTION:     Rep. Stratton moved to adjourn. The motion passed with Rep. Cox,

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February 12, 2016

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Rep. Hall, and Rep. Snow voting in opposition.

 

Chair Christensen adjourned the meeting at 6:15 p.m.

 

 

 

 

 

 

____________________________________________

LaVar Christensen, Chair