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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room 223 - State Capitol Building

February 24, 2004


MEMBERS PRESENT:    Rep. Ben C. Ferry, Chair
        Rep. J. Stuart Adams, Vice 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        
        
MEMBERS ABSENT:    None

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 4:57 p.m. and called for a motion to approve the minutes of February 19, and February 23, 2004.

MOTION:    Representative Hendrickson moved to approve the minutes. The motion passed unanimously with Representatives Bennion, Curtis, Hutchings, Philpot, and Thompson absent for the vote.

S.B. 131    Uniform Principal and Income Act (Sen. L. Hillyard)

    The sponsor introduced the bill and explained its intent.

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

1st Sub. S.B. 179    Expedited Appeals in Child Welfare Cases (Sen. L. Hillyard)

    The sponsor introduced the bill and explained its intent.

MOTION:    Representative Lawrence moved to pass 1st Sub. S.B. 179. The motion passed unanimously with Representatives Bennion, Curtis, Thompson, and Philpot absent for the vote.


H.B. 151    Protective Custody of Abused, Neglected, or Dependent Children (Rep. E. Hutchings)

MOTION:    Representative Hutchings moved to delete H.B. 151 and replace it with 1st Substitute H. B. 151. The motion passed unanimously with Representatives Bennion, Curtis, and Thompson absent for the vote.

    The sponsor then proceeded to introduce the substitute bill and explain its intent.

    Gayle Ruzicka, Utah Eagle Forum, spoke in favor of the bill.

    Adam Troop, Division of Child and Family Services, and Rick Berry, Concerned Citizen spoke against the bill.
    
    Ken Wallentine, Administrative Counsel, Department of Public Safety addressed questions from the committee.

MOTION:    Representative Love moved to proceed to the next item on the agenda.

SUBSTITUTE
MOTION:    Representative Hutchings moved to send the bill to interim study. The substitute motion passed unanimously with Representative Curtis absent for the vote.

Representative Ferry announced that all persons who testify regarding 2nd Sub. S.B. 175 will be placed under oath. Jerry Howe, Legislative Research and General Counsel, administered the oath.

2nd Sub. S.B. 175    Protection of Private Lawfully Obtained Property (Sen. D. C. Buttars)

    The sponsor introduced the bill and explained its intent. Kirk Torgensen, Attorney General's Office, and Representative Urquhart assisted in the presentation of the bill.

    Speaking in favor of the bill:

        Kelly Atkinson, Fraternal Order of Police
        John Greiner, Concerned Citizen
        Amy DeSpain, Salt Lake City Police Department
        JoAnn Zaharias, Utah Council on Victims
        Rhonda Rose, Utah State PTA

    Speaking against the bill:        

        Andrew McCullogh, Board of Directors, Civil Liberties Union
        Arnold Gaunt, Forfeiture Endangers Americans Rights

        David Hansen, Concerned Citizen
        
    Daniel Witte, Beneficial Life spoke to the bill.

MOTION:    Representative Love moved to amend:

1.    Page 9, Lines 264 through 274 :    

             264          (2) The prosecuting attorney [shall have] has the burden of establishing by clear and
             265      convincing evidence that an [individual is not an innocent] owner[.]or interest holder:
             266          [(3) With respect to an ownership interest in existence at the time the conduct
             267      subjecting the property to seizure took place, the term "innocent owner" means an owner who:]
             268          [(a) did not have actual knowledge of the conduct subjecting the property to seizure;
             269      or]
             270          [(b) upon learning of the conduct subjecting the property to seizure, took reasonable
             271      steps to prohibit such use of the property.]
             272          (a) is criminally responsible for the conduct giving rise to the forfeiture;
             273          (b) knew of
[[   or could reasonably have been expected to know of   ]] the conduct giving rise

             274      to the forfeiture, and allowed the property to be used in furtherance of the conduct;

The motion passed unanimously with Representative Bryson absent for the vote.

MOTION:    Representative Philpot moved to send the bill to interim study.

SUBSTITUTE
MOTION:    Representative Hutchings moved to pass 2nd Substitute S.B. 175 out favorably as amended. The motion passed 10-2-1 with Representatives Philpot and Thompson voting in opposition to the motion and Representative Bryson absent for the vote.

MOTION:    Representative Bennion moved to adjourn. The motion passed. The meeting adjourned at 7:53 P.M.






                ___________________________________
Rep. Ben C. Ferry, Chair