MINUTES OF THE
HOUSE JUDICIARY STANDING COMMITTEE MEETING
20 House Building, Utah State Capitol Complex
March 7, 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 4:25 p.m.
Vice Chair Nelson assumed the chair.
H.B. 470 Criteria for Determination of Alimony (B. Daw)
Rep. Daw explained the bill to the committee with the assistance of Dani Hartvigsen, Coalition for the Preservation of Family Values.
Spoke against the bill: Dan Deuel, National Parents Organization of Utah
MOTION: Rep. Cutler moved to amend the bill as follows:
1. Page 5, Lines 142 through 148:
142 (j) Alimony may not be ordered for a duration longer than the number of years that the
143marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
144circumstances that justify the payment of alimony for a longer period of time[.], except that { :
145 (i) expenses included in the alimony award for the benefit of both the child and
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146recipient spouse may continue until the last child reaches the age of 18; and
147 (ii) } the court shall order that expenses awarded for the benefit of a specific child shall end on the day that child
148 { turns 18 } becomes emancipated .
2. Page 5, Line 149 through Page 6, Line 152:
149 (9) Unless a decree of divorce specifically provides otherwise, any order of the court
150that a party pay alimony to a former spouse automatically terminates upon the remarriage or
151death of that former spouse { [ } . { ] } { , except that expenses awarded for the benefit of a specific child
152may not end upon the remarriage of the former spouse. } However, if the remarriage is annulled
3. Page 6, Lines 155 through 158:
155 (10) Any order of the court that a party pay alimony to a former spouse terminates
156upon establishment by the party paying alimony that the former spouse is cohabitating with
157another person { [ } . { ] } { , except that expenses awarded for the benefit of a specific child may not
158terminate. }
The motion passed unanimously with Rep. Oda and Rep. Stratton absent for the vote.
MOTION: Rep. Snow moved to hold the bill. The motion passed with Rep. Stratton and Rep. Christensen absent for the vote.
1st Sub. H.B. 337 Student Right to Active Counsel (K. Coleman)
Rep. Coleman explained the bill to the committee.
Spoke against the bill: Spencer Jenkins, Utah System of Higher Education
Robert Payne, University of Utah
MOTION: Rep. Greene moved to amend the bill as follows:
1. Page 1, Lines 16 through 21:
16representation at a disciplinary proceeding;
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17 ∙ governing the exchange of evidence at a disciplinary proceeding; and
18 ∙ prohibiting certain conflicts of interest in a disciplinary proceeding . { ; and
19 ∙ authorizing a cause of action; and
20 ► amends applicable governmental immunity provisions. }
21Money Appropriated in this Bill:
2. Page 1, Line 25 through Page 2, Line 39:
25Utah Code Sections Affected:
26 { AMENDS:
27 63G-7-301, as last amended by Laws of Utah 2015, Chapter 342 }
28ENACTS:
29 53B-26-101, Utah Code Annotated 1953
30 53B-26-102, Utah Code Annotated 1953
31 53B-26-201, Utah Code Annotated 1953
32 53B-26-203, Utah Code Annotated 1953
33 53B-26-204, Utah Code Annotated 1953
34 53B-26-205, Utah Code Annotated 1953
35 53B-26-206, Utah Code Annotated 1953
36 53B-26-207, Utah Code Annotated 1953
37 { 53B-26-208, Utah Code Annotated 1953 }
38
39Be it enacted by the Legislature of the state of Utah:
3. Page 7, Line 185 through Page 9, Line 247:
185party first to a hearing officer.
186 { Section 9. Section 53B-26-208 is enacted to read:
187 53B-26-208. Cause of action.
188 (1) An accused student, accused student organization, or alleged victim may bring an
189action in a court of competent jurisdiction for an alleged violation of this part by an institution.
190 (2) If the court finds that an institution committed a violation under Subsection (1), the
191court may award, as applicable, the accused student, accused student organization, or
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alleged
192victim:
193 (a) compensatory damages;
194 (b) reasonable court costs incurred;
195 (c) reasonable attorney fees incurred;
196 (d) monetary damages:
197 (i) in an amount equal to or more than the cost of tuition paid by or on behalf of the
198accused student or alleged victim to the institution for the academic period in which the
199violation occurred; and
200 (ii) in an amount equal to or more than the amount of scholarship funding an accused
201student has lost as a result of the outcome of a student disciplinary proceeding; and
202 (e) any other relief the court determines just.
203 (3) An action based upon a cause of action under this part shall be commenced within
204one year after the date that an accused student, accused student organization, or alleged victim
205receives final notice of the outcome of the student or student organization disciplinary
206proceeding.
207 Section 10. Section 63G-7-301 is amended to read:
208 63G-7-301. Waivers of immunity.
209 (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
210obligation.
211 (b) Actions arising out of contractual rights or obligations are not subject to the
212requirements of Sections 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
213 (c) The Division of Water Resources is not liable for failure to deliver water from a
214reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
215Act, if the failure to deliver the contractual amount of water is due to drought, other natural
216condition, or safety condition that causes a deficiency in the amount of available water.
217 (2) Immunity from suit of each governmental entity is waived:
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218 (a) as to any action brought to recover, obtain possession of, or quiet title to real or
219personal property;
220 (b) as to any action brought to foreclose mortgages or other liens on real or personal
221property, to determine any adverse claim on real or personal property, or to obtain an
222adjudication about any mortgage or other lien that the governmental entity may have or claim
223on real or personal property;
224 (c) as to any action based on the negligent destruction, damage, or loss of goods,
225merchandise, or other property while it is in the possession of any governmental entity or
226employee, if the property was seized for the purpose of forfeiture under any provision of state
227law;
228 (d) subject to Subsection 63G-7-302(1), as to any action brought under the authority of
229Utah Constitution, Article I, Section 22, for the recovery of compensation from the
230governmental entity when the governmental entity has taken or damaged private property for
231public uses without just compensation;
232 (e) subject to Subsection 63G-7-302(2), as to any action brought to recover attorney
233fees under Sections 63G-2-405 and 63G-2-802;
234 (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
235Act;
236 (g) as to any action brought to obtain relief from a land use regulation that imposes a
237substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
238Land Use Act;
239 (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
240 (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
241crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on
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them; or
242 (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
243or other public improvement; [and]
244 (i) subject to Subsection 63G-7-201(4), as to any injury proximately caused by a
245negligent act or omission of an employee committed within the scope of employment[.]; and
246 (j) as to any action brought to obtain relief under Title 53B, Chapter 26, Part 2, Student
247Legal Representation. }
SUBSTITUTE
MOTION: Rep. Cox moved to amend the bill as follows:
1. Page 3, Lines 73 through 80:
73 (f) demonstrative evidence.
74 (6) (a) "Full participation" means the opportunity in a student or student organization
75disciplinary proceeding to { :
76 (a) make opening and closing statements;
77 (b) examine and cross-examine a witness; and
78 (c) provide an accused student, an accused student organization, or an alleged victim
79support, guidance, or advice. } participate to the full extent that the student or student organization would otherwise be allowed to participate under an institution's policy or rule and provide an accused student, accused student organization, or an alleged victim support, guidance, or advice.
(b) "Full participation" includes the ability to make opening and closing statements or, in accordance with Section 53B-26-207, present and question a witness.
(c) "Full participation" does not include a procedural right other than a right described in Subsection (6)(a) or (b).
80 (7) "Legal representation" means an attorney or, at a person's sole discretion, a
2. Page 6, Lines 167 through 175:
167 (b) an investigator;
168 (c) an { institutional prosecutor } administrator presenting arguments and evidence on behalf of the institution ; or
169 (d) an advisor to a person described in Subsection (1)(a), (b), or (c).
170 (2) If an individual employed by the institution or otherwise representing an institution
171serves as an investigator and an { institutional prosecutor } administrator presenting arguments and evidence on behalf of the institution for the alleged violation of a policy or
172rule, the institution shall advise an accused student, accused student organization, or an alleged
173victim prior to the investigation proceeding.
174 (3) An individual may not serve as an investigator or { institutional prosecutor } administrator presenting arguments and evidence on behalf of the institution and an
175advocate for an accused student, accused student organization, or an alleged victim.
Rep. Greene withdrew the original motion.
The substitute motion passed unanimously.
MOTION: Rep. Christensen moved to amend the bill the same as the original motion. The motion passed with Rep. Cox, Rep. Greene, Rep. King, Rep. Snow, and Rep. Wheatley voting in opposition.
MOTION: Rep. Christensen moved to pass the bill out favorably as amended. The motion passed with Rep. Cutler voting in opposition.
S.B. 96 Uniform Deployed Parents Custody and Parent-time Act (L. Hillyard)
Sen. Hillyard explained the bill to the committee with the assistance of Brian Garrett, Director of Military Relations, Zions Bank.
MOTION: Rep. Snow moved to amend the bill as follows:
1. Page 1, Lines 21 through 22:
21Other Special Clauses:
22 { None } This bill has a special effective date.
2. Page 15, Line 456:
456 Section 30-3-40, Custody and parent-time when one parent is a servicemember.
Section 32. Effective date.
This bill takes effect July 1, 2017.
The motion passed unanimously.
MOTION: Rep. Oda moved to pass the bill out favorably as amended. The motion passed with Rep. Cutler, Rep. King, and Rep. Nelson voting in opposition.
1st Sub. S.B. 113 Subjecting a Minor to Sexual Material (T. Weiler)
Sen. Weiler explained the bill to the committee.
MOTION: Rep. Cox moved to amend the bill as follows:
1. Page 2, Lines 28 through 31
Senate 3rd Reading Amendments
3-1-2016:
28 (1) The sentencing judge or the Board of Pardons and Parole { shall } may consider as an
29aggravating factor in their deliberations regarding the sentence or the terms of probation or
30parole that in the course of the commission of an offense under Subsection (2), the defendant
31exposed a victim Ŝ➔ who is younger than 18 years of age Ŝ to pornography.
The motion passed unanimously.
MOTION: Rep. Hall moved to pass the bill out favorably as amended. The motion passed unanimously.
MOTION: Rep. Nelson moved to adjourn. The motion passed unanimously.
______________________________
LaVar Christensen, chair