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MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT AND CRIMINAL JUSTICE
STANDING COMMITTEE
Wednesday, February 4, 2004
Room 414, STATE CAPITOL BUILDING



Members Present:        Sen. Gregory Bell, Chair
            Sen. Patrice M. Arent
            Sen. D. Chris Buttars
                        Sen. James M. Evans
            Sen. Lyle W. Hillyard
            Sen. Mike Dmitrich
            
Members Excused:        Sen. L. Alma Mansell
            Sen. David L. Gladwell
        
Staff Present:        Jami Momberger, Policy Analyst
            Katrina Yarrington, Committee Secretary

Public Speakers Present:    Steve Dixon, Attorney
            Brian Allen, Government Relations, Utah Bankers Association
            C.C. Horton, Assistant Attorney General             James Wood, Attorney
            David McConkie, Attorney, Utah Adoption Council
                Emma Chacon, Director, Office of Recovery Services
            Chris Purcell, Attorney, State Farm
            Dave Walsh, Commission on Criminal and Juvenile Justice
            Paul Allred, Deputy Commissioner, DFI
            
A list of visitors and a copy of handouts are filed with the committee minutes.
    
Committee Chair Bell called the meeting to order at 8:09 a.m.

     MOTION: Sen. Evans moved to approve the minutes of February 2, 2004.

    The motion passed unanimously, with Sen. Arent and Sen. Dmitrich absent for the vote.    

        
1.     S.B. Uniform Trust Code (L. Hillyard)
    
    Sen. Hillyard introduced the bill.

     MOTION: Sen. Buttars moved to adopt 1st Substitute S.B. 47.


    
The motion passed unanimously, with Sen. Arent and Sen. Dmitrich absent for the vote.

    The following people spoke in support of the bill:
    Steve Dixon, Attorney
    
    The following people spoke in opposition to the bill:
    Brian Allen, Government Relations, Utah Bankers Association
    
     MOTION: Sen. Buttars moved to pass 1st Substitute S.B. 47 out with a favorable     recommendation.

    The motion passed unanimously, with Sen. Dmitrich absent for the vote.


2. H.B. 193 Commission on Criminal and Juvenile Justice (M.S. Lawrence)

    Rep. Lawrence introduced the bill.

    The following people spoke in support of the bill:
    Dave Walsh, Commission on Criminal and Juvenile Justice

     MOTION: Sen. Evans moved to pass H.B.193 out with a favorable recommendation.

    The motion passed, with Sen. Arent voting in opposition and Sen. Dmitrich absent for the vote.
    

3. S.B. 131 Uniform Principal and Income Act (L. Hillyard)     
    Sen. Hillyard introduced the bill.

    The following people spoke in support of the bill:
    James Wood, Attorney

    MOTION: Sen. Buttars moved to pass S.B. 131 out with a favorable recommendation.

    The motion passed unanimously.

4. H.B. 72 Release of Claims on Behalf of a Minor (J. Dougall)

    Rep. Dougall introduced the bill.

    The following people spoke in support of the bill:
    Chris Purcell, Attorney, State Farm


    James Wood, Attorney

     MOTION: Sen. Arent moved to pass H.B. 72 out with a favorable recommendation.

    The motion passed unanimously.

     MOTION: Sen. Hillyard moved that H.B. 72 be placed on the Consent Calendar.

    The motion passed unanimously.


5. S.B. 45 Uniform Parentage Act (L. Hillyard)

    Sen. Hillyard introduced the bill.
    
     MOTION: Sen. Arent moved to adopt 1st substitute S.B. 45.

    The motion passed unanimously.

    The following people spoke in support of the bill:
    Emma Chacon, Director, Office of Recovery Services
    David McConkie, Attorney, Utah Adoption Council

     MOTION: Sen. Buttars moved to refer 1st substitute S.B. 45 to interim study.

     AMENDED MOTION: Sen. Buttars moved to amend 1st substitute S.B. 45 as follows, and to pass 1st substitute S.B. 45 out with a favorable recommendation as amended:

         1. Page 1, line 22:    After "takes effect on" delete "January" and insert "May"

        2. Page 25, line 753:    After "prior to" delete "January" and insert "May" and after "four         years after" delete "January" and insert "May"

        3. Page 49, line 1484:    After "commenced before" delete "January" and insert "May"

        4. Page 49, line 1521:    After "takes effect on" delete "January" and insert "May"

    The motion passed, with Sen. Arent voting in opposition.




6. S.B. 63 Witness Tampering Amendments (D.C. Buttars)

    Sen. Buttars introduced the bill assisted by C. C. Horton, Assistant Attorney General.

     MOTION: Sen. Arent moved to pass S.B. 63 out with a favorable recommendation.

    The motion passed unanimously, with Sen. Hillyard absent for the vote.

     MOTION: Sen. Evans moved to adjourn.

    The motion passed unanimously.

    Committee Chair Bell adjourned the meeting at 9:46 a.m.

    Minutes recorded by Katrina Yarrington, Secretary







Sen. Gregory S. Bell, Committee Chair