MINUTES OF THE

HOUSE JUDICIARY

STANDING COMMITTEE

Wednesday, March 1, 2017 • 4:10 pm • 20 House Building

Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at le.utah.gov.

Vice Chair V. Snow called the meeting to order at 4:26 p.m.

1. H.B. 131 Child Placement Revisions (Christofferson, K.)

Rep. Kay J. Christofferson presented the bill.

Ms. Jacqueline F. de Gaston spoke in favor of the bill.

Mr. Brent Platt, Division of Child and Family Services, spoke in favor of the bill.

Mr. Wayne Woodfield spoke in favor of the bill.

MOTION:     Rep. Quinn moved to replace H.B. 131 with 1st Substitute H.B. 131.

The motion passed with a vote of 8-0-4.

MOTION:     Rep. Pulsipher moved to amend 1st Substitute H.B. 131 with Amendment #1.

1.    Page 6, Lines 177 through 180:      

177 (c) the individual communicates the request:

178 (i)

179individual that the child was placed elsewhere, if the individual had previously expressed

180willingness to the division to have the child placed in the individual's home; or

2.    Page 7, Lines 181 through 184:      

181 (ii)

182individual did not have an opportunity to express willingness to have the child placed in the

183individual's home because the individual did not receive notice, before the division made the

184ongoing placement decision, that the child was in need of an ongoing placement.

The motion passed with a vote of 8-0-4.

Chair McKell assumed the chair.

MOTION:     Rep. Lisonbee moved to report a favorable recommendation on 1st Substitute H.B. 131, as amended.

The motion passed with a vote of 7-0-5.

2. S.B. 66 Administrative Law Judge Amendments (Dayton, M.)

Sen. Margaret Dayton presented the bill with the assistance of Alan Matheson, Utah Department of Environmental Quality.

Mr. Steven Cristiansen, Utah Manufacturers Association and Utah Mining Association, spoke in favor of the bill.

MOTION:     Rep. Quinn moved to report a favorable recommendation on S.B. 66.

The motion passed with a vote of 9-0-3.

MOTION:     Rep. Quinn moved to place S.B. 66 on the Consent Calendar.

The motion passed with a vote of 9-0-3.

3. 1st Sub. S.B. 134 Indigent Defense Commission Amendments (Weiler, T.)

Sen. Todd Weiler presented the bill with the assistance of Joanna Landau, Director, Indigent Defense Commission.

Mr. Adam Trupp, Utah Association of Counties, spoke in favor of the bill.

Mr. Rick Schwermer, Assistant State Court Administrator, spoke in favor of the bill.

MOTION:     Rep. Pitcher moved to report a favorable recommendation on 1st Substitute S.B. 134.

The motion passed with a vote of 9-0-3.

4. S.B. 169 Judiciary Amendments (Hillyard, L.)

Sen. Lyle W. Hillyard presented the bill with the assistance of Mr. Rick Schwermer, Assistant State Court Administrator.

MOTION:     Rep. King moved to report a favorable recommendation on S.B. 169.

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Pitcher moved to place S.B. 169 on the Consent Calendar.

The motion passed with a vote of 10-0-2.

5. 1st Sub. S.B. 58 Uniform Voidable Transactions Act (Hillyard, L.)

Sen. Lyle W. Hillyard presented the bill.

MOTION:     Rep. King moved to report a favorable recommendation on 1st Substitute S.B. 58.

The motion passed with a vote of 8-0-4.

6. 1st Sub. S.B. 76 Post-conviction DNA Testing Amendments (Hillyard, L.)

Sen. Lyle W. Hillyard presented the bill.

MOTION:     Rep. Pitcher moved to report a favorable recommendation on 1st Substitute S.B. 76.

The motion passed with a vote of 9-0-3.

7. S.B. 87 Civil Asset Forfeiture Revisions (Thatcher, D.)

Sen. Daniel W. Thatcher presented the bill.

Mr. Howard Headlee, Utah Bankers Association, spoke to the bill.

Ms. Marina Lowe, Legislative and Policy Counsel, ACLU of Utah, spoke in favor of the bill.

Ms. Jami Brackin, Deputy Summit County Attorney and Statewide Association of Prosecutors, spoke in favor of the bill.

Mr. Connor Boyack, Libertas Institute, spoke in opposition to the bill.

Mr. Will Carlson, Salt Lake County and Statewide Association of Prosecutors, spoke in favor of the bill.

Mr. Tom Ross, Bountiful City Police Chief, representing Utah Chiefs of Police Association, spoke in favor of the bill.

MOTION:     Rep. Pitcher moved to replace S.B. 87 with 4th Substitute S.B. 87.

The motion passed with a vote of 11-0-1.

MOTION:     Rep. Greene moved to amend 4th Substitute S.B. 87 with Amendment #2.

1.    Page 3, Lines 81 through 84:   

81   (10) (a) "Interest holder" means a secured party as defined in Section 70A-9a-102, a

82mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to

83an interest in property, whose interest would be perfected against a good faith purchaser for

84value.

2.    Page 12, Lines 345 through 359:    

345 (8) (a)

346forfeiture by contacting the seizing agency or prosecuting attorney within 30 days of the seizure

347and providing to the seizing agency or prosecuting attorney:

348 (i) evidence that establishes proof of ownership; and

349 (ii) a brief description of the date, time, and place that the

350relinquished possession of the seized property.

351 (b) A seizing agency or prosecuting attorney who receives a claim from a

352innocent owner  

353that claim within 30 days of receipt, indicating whether the claim has been granted, denied on

354the merits, or denied for failure to provide the information required by statute subject to the

355following:

356 (i) if the claim is denied for failure to provide the information required by statute, the

357

358before the prosecuting attorney may commence a civil action seeking to forfeit the property;

359and

The motion passed with a vote of 12-0-0.

MOTION:     Rep. Greene moved to amend 4th Substitute S.B. 87 with Amendment #1.

1.    Page 12, Lines 345 through 347:    

345 (8) (a) An innocent owner may recover possession of seized property that is subject to

346forfeiture by contacting the seizing agency or prosecuting attorney

347and providing to the seizing agency or prosecuting attorney:

2.    Page 13, Lines 372 through 373:    

372 (e) All communications between

373pursuant to Subsection (8) are subject to the Utah Rules of Evidence, Rules 408 and 410.

SUBSTITUTE MOTION:   Rep. Lisonbee moved to amend 4th Substitute S.B. 87 Amendment #3.

1.    Page 12, Lines 345 through 347:    

345 (8) (a)

346forfeiture by contacting the seizing agency or prosecuting attorney

347and providing to the seizing agency or prosecuting attorney:

2.    Page 13, Lines 372 through 373:    

372 (e) All communications between

373pursuant to Subsection (8) are subject to the Utah Rules of Evidence, Rules 408 and 410.

The motion passed with a vote of 11-0-1.

MOTION:     Rep. Ivory moved to report a favorable recommendation on 4th Substitute S.B. 87, as amended.

The motion passed with a vote of 11-0-1.

8. 1st Sub. S.B. 71 Criminal Accounts Receivable Amendments (Thatcher, D.)

Sen. Daniel W. Thatcher presented the bill.

Ms. Jennifer Valencia, Director of Sentencing Commission, spoke in favor of the bill.

MOTION:     Rep. Greene moved to report a favorable recommendation on 1st Substitute S.B. 71.

The motion passed with a vote of 12-0-0.

9. 1st Sub. S.B. 89 Adoption Agency Amendments (Escamilla (Robles), L.)

Sen. Luz Escamilla presented the bill.

MOTION:     Rep. Snow moved to report a favorable recommendation on 1st Substitute S.B. 89.

The motion passed with a vote of 12-0-0.

MOTION:     Rep. Snow moved to approve the minutes of the February 28, 2017, meeting.

The motion passed with a vote of 12-0-0.

MOTION:     Rep. King moved to adjourn.

The motion passed with a vote of 12-0-0.

Chair McKell adjourned the meeting at 6:31 p.m.

___________________________

Rep. Michael K. McKell, Chair