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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room 223 - State Capitol Building

February 9, 2004


MEMBERS PRESENT:    Rep. Ben C. Ferry, Chair
        Rep. J. Stuart Adams, Vice Chair    
        Rep. Chad E. Bennion
        Rep. Greg J. Curtis
        Rep. Scott Daniels
        Rep. Neal B. Hendrickson
        Rep. Eric K. Hutchings
        Rep. M. Susan Lawrence
        Rep. Dana C. Love
        Rep. Rosalind J. McGee
        Rep. J. Morgan Philpot
        Rep. Mike Thompson        
        
MEMBERS ABSENT:    Rep. Katherine M. Bryson

STAFF:    Jerry D. Howe, Policy Analyst
        Cherri White, Committee Secretary

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

    Representative Ferry called the meeting to order at 8:10 a.m. and called for a motion to approve the minutes of February 5, 2004.

MOTION:    Representative Bennion moved to approve the minutes of February 5, 2004. The motion passed unanimously with Representatives Bryson, Daniels, Hendrickson, Hutchings, Philpot and Thompson absent for the vote.

H.J.R. 10    Joint Resolution Reaffirming the State of Utah's Commitment to the Constitution and the Bill of Rights (Rep. S. Allen)

    The sponsor introduced the bill and explained its intent. Representative Allen requested the committee consider an amendment on the bill. (See handouts on file)

MOTION:    Representative Bennion moved to amend:

1. Page 2, Lines 34-35:    Delete lines 34 through 35.

    The motion passed unanimously with Representatives Bryson, Daniels, Hendrickson, Hutchings, Philpot and Thompson absent for the vote.

MOTION:    Representative Hutchings moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Bryson, Hendrickson, Philpot, and Thompson absent for the vote.

H.J.R. 16    Resolution Amending Rules of Civil Procedure - Judgment (Rep. G. Curtis)

MOTION:    Representative Curtis moved to amend H.J.R. 16 as follows:

1.    Page 1, Lines 11 through 14 :    


             11      Highlighted Provisions:
             12          This resolution:
             13          .    limits the appellate bond amount to
[[   10% of the defendant's net worth or   ]]

             14      $25,000,000; and
The motion passed unanimously with Representatives Bryson, Hendrickson, Philpot and Thompson absent for the vote.

    The sponsor then introduced the bill and explained its intent.

MOTION:    Representative Curtis moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Bryson, Hendrickson, Philpot, and Thompson absent for the vote.

H.B. 97    Protective Order Amendments (Rep. K. Holdaway)

    This bill had been presented and discussed on February 5, 2004.

MOTION:    Representative Hutchings moved to amend:

1.    Page 8, Lines 229 through 236 :    

             229          (2) Upon the filing of a petition, the clerk of the court shall:
             230          (a) review the records of the juvenile court, the district court, and the
  management information system of the       division to find

             231      any petitions, orders, or investigations related to the child or the parties to the case;                  

    The motion passed unanimously with Representatives Bennion, Bryson, Hendrickson, Philpot, and Thompson absent for the vote.

MOTION:    Representative Lawrence moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Bennion, Bryson, Hendrickson, McGee, Philpot and Thompson absent for the vote.

S.B. 118    Judiciary Amendments (Sen. L. Hillyard)

    The sponsor introduced the bill and explained its intent.

MOTION:    Representative Hendrickson moved to pass the bill out favorably. The motion passed unanimously with Representatives Bennion, Bryson, Love, McGee, and Philpot absent for the vote.

H.B. 128    Amendments to Operating Under the Influence (Rep. D. Love)

    The sponsor introduced the bill and explained its intent.

    Speaking in favor of the bill:

        Ken Wallentine, Utah Peace Officers Association
        Dr. George Van Komen, Alcohol Policy Coalition
        Tim Cosgrove, Primary Children's Medical Center
        Ron Ostler, Utah Highway Patrol
    
    Speaking against the bill:

        Melva Sine, President, Utah Restaurant Association
        Rex Swan, Defense Attorney

    Speaking to the bill:

        Steve Barth, Tavern Association

MOTION:    Representative Adams moved to pass the bill out favorably. The motion passed unanimously with Representatives Bryson and Philpot absent for the vote.

H.B. 124    Small Claims Court Jurisdiction Amendments (Rep. S. Urquhart)

    The sponsor introduced the bill and explained its intent.

    Speaking to the bill:

        Rick Schwermer, Administrative Office of the Courts

        Steve Sullivan, Concerned Citizen
        John T. Nielsen, Utah State Bar
        Edward Havas, Concerned Citizen
        Rex Swan, Small Claims Court Judge

MOTION:    Representative Adams moved to pass the bill out favorably. The motion passed unanimously with Representatives Bryson and Love absent for the vote.

MOTION:    Representative Bennion moved to adjourn. The motion passed unanimously with Representatives Bryson and Love absent for the vote. The meeting adjourned at 9:57 A.M.






                ___________________________________
                Rep. Ben C. Ferry, Chair