Senate Standing Committee on Judiciary

Welcome, everyone, to the Judiciary Committee DM decision making. We have two agendas. The first one is a 10 o' clock agenda. Oh, and by the way, if we have a catastrophic failure on the tech - on the zoom side, we'll try again on Thursday at 10:30. Thursday, 10:30 in this room, 016. And I guess that's the 27th.

First, we have one, just one item on the 10 o' clock agenda. That's HB 111. This authorizes civil claims to be made against a person, business, business owner or business operator that profits from sexual exploitation or sex trafficking; extends the statute of limitations for civil claims related to sexual exploitation or sex trafficking to 10 years.

After much review and discussions with the Attorney General's Office, it appears that the civil and criminal sides do fit together, which was what I was concerned about originally. So, the recommendation is to pass unamended. Questions or concerns? If not, thank you, Senator Chang, for taking votes today.

For HB111, Chair's recommendation to pass unamended. [Roll Call]. The recommendation is adopted.

Okay, if it's all right, we'll just roll on into the 1001 agenda?

Okay. That's okay.

Okay. First up on the 1001 is HB 54. This increases penalties for third or consecutive offenses within five years of excessive speeding to misdemeanor; increases penalties for second offense within five years of excessive speeding.

Recommendation on HB 54 is to pass with some amendments; accept the AG's first suggested amendment regarding identification processing that will require any person convicted of violating the excessive speeding statute to be ordered by the court to report to the appropriate police department, sheriff's office, or the government agency for identification process, including fingerprinting, printing, and photographing, unless the person has previously undergone such identification questions or concerns.

If not, Senator Chang.

Recommendation for HB 54 is to pass with amendments. [Roll Call]. The recommendation is adopted.

Thank you. Next up is HB 70. This requires budget summaries to contain all required information without referring the reader to other portions of the budget for condominiums; clarifies the ability to enforce compliance with budget summary and replacement reserve requirements and provides an association as a burden of proving compliance.

Recommendation here is to go ahead and pass it as is. It does have a defective date. I'm not sure this will be the final product but I'm willing to try to move it forward. Any questions or concerns on HB70? If not, Senator Chang.

Chair's recommendation for HB 70 is to pass as amended. [Roll Call]. Recommendations adopted.

Thank you. Next up is HB 239.

This amends the definition of child abuse or neglect to clarify that the failure to provide certain needs to child should not constitute child abuse or neglect if the sole reason the person responsible for the care of the child is unable to adequately provide for the childcare is lack of financial resources. The recommendation here...yeah.

On this one I'm just going to defer it until 10 am Thursday, April 3. Still trying to work out saying the details so that one's deferred to a date certain. And that moves brings us to HB 320.

This allows qualified adults, including adults with a disability, mentally ill adults, and adults 65 years or older to enter into supported decision-making agreements with one or more members of a supportive community. Recommendation is to pass as is. Questions or concerns? If not, Senator Chang.

Chair's recommendation for HB 320 is to pass on amendment. [Roll Call]. The recommendations adopted.

Okay, thanks. Next up is HB 359 related to covered offender registration; amends the offense of sexual assault in the fourth degree to exclude a person who knowingly engages in or causes sexual contact with a minor is at least 16 years old and the person is contemporaneously acting as a professional capacity to instruct, advise, or supervise the minor if the person is younger than 24. Makes amendments to cover offender registration law by expanding the definition of sexual offense to include additional sexual offenses from the penal code.

Recommendation here is to pass with amendments; would like to remove the under 24 exemption to sex assault in the 4th degree sex with certain minors who are under supervision accused. This would mean that Section two would be deleted. There are two reasons for this.

One is the current statutory has a very similar provision and the Attorney General's testimony was that it would cause a problem, a title problem because it would be two topics. That's the recommendation. Questions or concerns? If not, Senator Chang?

Yes. So, what is - just delete section two of the bill?

Yeah. There's already a provision in the statute that says that you have to be five years older. And since you're only talking about 16- and 17-year-olds, five years older would be at the most a little less than 23. So...and the Attorney General testified that it would be a title problem. Other concerns? If not, Senator Chang.

Chair's recommendation for HB 359 is to pass with amendments [Roll Call]. The recommendation is adopted.

Okay, thank you. Next up is HB 412. This establishes certain presumptions regarding lobbying on behalf of private clients.

Wait a second, I'm going back to that one. Don't you need my prior concurrence for any amendments on HB 359?

No, not if it's a criminal law.

Okay, then I am going to object to that. Okay.

Read the rule.

Okay, I'll read the rule.

Okay. HB 412 establishes certain presumptions regarding lobbying on behalf of private clients; make certain contracts voidable when entering into...into violation of state lobbying law under certain conditions. Expansive definition of lobbying in the state lobbying law include certain communications with certain government officials regarding procurement decisions. Recommendation here is to pass with some amendments.

I would like to add a sentence to the end of the presumption section providing quote, "This presumption does not include communications made solely for informational purposes, ceremonial interactions, or routine relationship building that does not involve advocacy for or against specific outcomes." Questions or concerns? If not, Senator Chang.

Chair's recommendation for HB 412 is to pass with amendments [Roll Call]. The recommendation is valid.

Thank you. Next up is HB 472 allows digitized identification cards to be accepted as a valid form of identification under certain circumstances. Authorize a state and county law enforcement agencies to accept digitized -

Seriously? Well, [unintelligible] not here so the only other person is Awa.

Let's recess for a moment.

Okay. So, let's see. Where were we?

We were on voted on 412.

Correct? Okay, so we'll go ahead and everything after 41 - HB 412. We'll put off decision making until this Thursday. So, the 27th at 10:30 pm in this room. 016. So, all the rest of them are deferred. Thank you for being here.