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MEMBERS PRESENT: Rep. Ben C. Ferry, Chair
Rep. Chad E. Bennion
Rep. Katherine M. Bryson
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
MOTION: Representative Adams moved to approve the minutes. The motion passed unanimously with Representatives Bennion, Curtis, Lawrence, Philpot, and Thompson absent for the vote.
H.B. 336 Claims on Real Property (Rep. G. Hughes)
The sponsor introduced the bill and explained its intent.
MOTION: Representative Bryson moved to amend:
1. Page 1, Line 12:
12 . allows a notice of the pendency of an action involving real property to be
2. Page 2, Line 37:
37 following may make a motion to the court in which the action is pending to
meeting was adjourned at 9:10 P.M.
expunge
]]
release
the notice:
3. Page 2, Lines 40 through 41:
40
(3) A court shall order a notice
expunged
]]
released
if:
41
(a) the court receives a motion to
expunge
]]
release
under Subsection (2); and
4. Page 2, Line 44:
44
(4) If a court
expunges
]]
releases
a notice
pursuant to this section
, the
claimant may not record another notice with
5. Page 2, Line 50:
50
(b) regardless of whether the court has received an application to
expunge
]]
release
under
The motion passed unanimously with Representatives Bennion, Curtis, Lawrence, Philpot and
Thompson absent for the vote.
MOTION: Representative Bryson moved to pass the bill out favorably as amended. The
motion passed unanimously with Representatives Bennion, Curtis, Lawrence, and Thompson
absent for the vote.
H.B. 139 Evidence Amendments (Rep. J. Murray)
The sponsor introduced the bill and explained its intent.
MOTION: Representative Hutchings moved to pass the bill out favorably. The motion
passed unanimously with Representatives Bennion, Curtis, and Thompson absent for the vote.
MOTION: Representative Bryson moved to place the bill on the Consent Calendar. The
motion passed unanimously with Representatives Bennion, Curtis, and Thompson absent for the
vote.
H.B. 271 Tuition Tax Credits (Rep. J. Ferrin)
The sponsor requested the committee consider 1st Substitute H.B. 271.
MOTION: Representative Bryson moved to delete H.B. 271 and replace it with 1st Substitute
H.B. 271. The motion passed unanimously with Representatives Bennion, Curtis, and Thompson
absent for the vote.
MOTION: Representative Bryson moved to amend:
1. Page
1, Line 25
:
25
. enrolls at least
75
]]
40
students;
2. Page
3, Line 60
:
60
(B) has an enrollment of less than
75
]]
40
students.
3. Page
3, Line 83
:
83
back.
(4)(a) Only one taxpayer may claim a refundable tax credit for each qualifying
student each taxable year.
(b) The taxpayer who claims a personal exemption for the qualifying student shall
have the right to claim the refundable tax credit, unless that taxpayer authorizes another
person to claim the refundable tax credit.
(c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
the commission shall make rules to administer Subsections (4)(a) and (4)(b).
(5) For taxable years beginning on or after January 1, 2005, a refundable tax credit
may not be claimed ,if the qualifying student was enrolled in a private school for part of
the taxable year and in a Utah public school for part of the same taxable year.
The motion passed unanimously with Representatives Bennion and Curtis absent for the
vote.
The following spoke in favor of the bill:
Royce VanTassel, Parents for Choice in Education
Leah Barker, Executive Director, Children First Utah
Gonzalo Palza, Latino Community
Dan Garley, Board of Directors, Children First Utah
Holly Richardson, Concerned Citizen
Charly Risenmay, Concerned Citizen
The following spoke against the bill:
Roger Tew, Tax Policy Analyst
Patrick Ogden, Associate Superintendent, State Office of Education
Chris Wahlquist, Testing Director, Davis School District
Liz Zenttner, Utah PTA
Kimberly Dalby, Concerned Citizen
Sandy Peck, League of Women Voters
MOTION: Representative Thompson moved to pass 1st Substitute H.B. 271 out
favorably as amended.
SUBSTITUTE
MOTION: Representative Bennion moved to amend:
1. Page
2, Lines 29 through 30
:
29
Monies Appropriated in this Bill:
30
None
]]
This bill appropriates $2,000,000 from the General Fund and
$3,486,100 from the Uniform School Fund for fiscal year 2004-05 only to the
State Board of Education.
2. Page
2, Line 34
:
34
ENACTS:
3. Page
3, Line 84
:
Section 2. Section 53A-17a-150 is enacted to read:
53A-17a-150.
Appropriation for school districts affected by tuition tax credits.
(1)
There is appropriated $2,000,000 from the General Fund and $3,486,100 from the
Uniform School Fund for fiscal year 2004-05 only to the State Board of Education to be
distributed to school districts that suffer any actual losses that can be attributed to the
enactment of the tuition tax credit under Section 59-10-136.
(2) The appropriation under Subsection (1) shall be nonlapsing.
(3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
board shall make rules establishing criteria and procedures for the distribution of funds
appropriated under Subsection (1).
84
Section [2] 3 . Retrospective operation.
The substitute motion passed 8-4-1 with Representatives Bryson, Lawrence, McGee and
Thompson voting against the motion, and Representative Curtis absent for the vote.
MOTION: Representative Thompson moved to pass 1st Substitute H.B. 271 out favorably as
amended.
MOTION: Representative Philpot moved previous question. The motion passed 10-2-1 with
Representatives Lawrence and McGee voting against the motion and Representative Curtis
absent for the vote.
The motion to pass the bill out favorably passed 7-5-1, with Representatives Bennion,
Bryson, Hutchings, Love, Philpot, Thompson, and Adams voting in favor of the motion,
Representatives Daniels, Hendrickson, Lawrence, McGee, and Ferry voting against the motion,
and Representative Curtis absent for the vote.
H.B. 266 Revisions to Child Welfare (Rep. W. Harper)
This bill received a public hearing on February 17, 2004 and the sponsor indicated that a
substitute had been prepared that he would like considered.
MOTION: Representative Bryson moved to delete H.B. 266 and replace it with 1st Substitute
H.B. 266. The motion passed unanimously with Representatives Bennion, Curtis, and Philpot
absent for the vote.
Speaking in favor of the bill:
Darren Jensen, Concerned Parent
Gayle Ruzika, Utah Eagle Forum
Speaking against the bill:
Adam Troop, Division of Child and Family Services
Ann Freimuth, Prevent child Abuse Utah
MOTION: Representative Bennion moved to pass 1st Substitute H.B. 266 out favorably.
SUBSTITUTE
MOTION: Representative Lawrence moved to amend:
1. Page 79, Lines 2414 through 2416:
2414
Section 78-3a-403, Definitions.
2415
Section 38. Effective date.
2416
This bill takes effect on
July
]]
May
1, 2005.
The substitute motion failed with Representatives Curtis, Lawrence, and Ferry voting in favor of
the motion.
SUBSTITUTE
MOTION: Representative Thompson moved to amend:
4. Page
79, Lines 2414 through 2416
:
2414
Section 78-3a-403, Definitions.
2415
Section 38. Effective date.
2416
This bill takes effect on
July
]]
October
1, 2004.
The substitute motion passed 7-5-1 with Representatives Curtis, Hendrickson, Hutchings,
Lawrence, Thompson, Adams, and Ferry voting in favor of the motion, Representatives Bennion,
Bryson, Daniels, Love, and McGee voting against the motion, and Representative Philpot absent
for the vote.
MOTION: Representative Bennion moved to pass 1st Substitute H.B. 266 out favorably as
amended.
SUBSTITUTE
MOTION: Representative Daniels moved to go to the next item on the agenda. The
substitute motion failed with Representatives Daniels, Hendrickson, Lawrence and McGee
voting in favor of the motion, and Representative Philpot absent for the vote.
The original motion to pass 1st Substitute H.B. 266 out favorably as amended passed 8-4-1, with
Representatives Bennion, Bryson, Curtis, Hutchings, Love, Thompson, Adams, and Ferry voting
in favor of the motion, Representatives Daniels, Hendrickson, Lawrence, and McGee voting in
against the motion, and Representative Philpot absent for the vote.
MOTION: Representative Hutchings moved for a 5 minute recess. The motion passed
unanimously.
H.B. 68 Criminal Penalty Amendment (Rep. D. Litvack)
The sponsor requested the committee consider adopting 1st Substitute H.B. 68.
MOTION: Representative Bennion moved to delete H.B. 68 and replace it with 1st Substitute
H.B. 68. The motion passed unanimously with Representatives Love, and Philpot absent for the
vote.
The sponsor proceeded to indicate to the committee the changes that were made in
preparing the substitute bill.
Speaking in favor of the bill:
Mark Shurtleff, Utah Attorney General
Dr. Forest Crawford, Utah Black Leadership
Reverend Daniel Webster, Episcopal Church
Ken Wallentine, Utah Law Enforcement Legislative Committee
Speaking against the bill:
Jonas Filno, America Forever
Sandra Rodrigues, America Forever
Jonas Rodrigues
Gen Haner, Utah Eagle Forum
MOTION: Representative Bennion moved to delete 1st Substitute H.B. 68, and replace it
with 2nd Substitute H.B. 68. The motion failed 2-10-1, with Representatives Bennion and
Bryson voting in favor of the motion, and Representative Philpot absent for the vote.
MOTION: Representative McGee moved to pass 1st Substitute H.B. 68 out favorably.
SUBSTITUTE
MOTION: Representative Bryson moved to amend:
1. Page 3, Line 64:
After "color" delete "disability"
2. Page 3, Line 65:
At the beginning of the line delete "sexual orientation, national origin, ancestry"
The motion passed 7-5-1 with Representatives Bennion, Bryson, Curtis, Hutchings, Love,
Adams, and Ferry voting in favor of the motion, Representatives Daniels, Hendrickson,
Lawrence, McGee, and Thompson voting against the motion, and Representative Philpot absent
for the vote.
MOTION: Representative Daniels moved to adjourn. The motion was withdrawn.
MOTION: Representative Bryson moved to pass 1st Substitute H.B. 68 out favorably as
amended. The motion failed 4-8-1 with Representatives Daniels, Hendrickson, Hutchings, and
McGee voting in favor of the motion, Representatives Bennion, Bryson, Curtis, Lawrence, Love,
Thompson, Adams, and Ferry voting against the motion, and Representative Philpot absent for
the vote.
MOTION: Representative Adams moved to adjourn. The motion passed unanimously. The
___________________________________
Rep. Ben C. Ferry, Chair