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STANDING COMMITTEE
MONDAY, FEBRUARY 21, 2005, 4:OO P.M.
ROOM W015, WEST OFFICE BUILDING
STATE CAPITOL COMPLEX
Sen. Gene Davis
Sen. Thomas V. Hatch
Sen. Parley G. Hellewell
Sen. John W. Hickman
Sen. Sheldon L. Killpack
Sen. L. Alma Mansell
Sen. Ed Mayne
Sen. Michael Waddoups
Staff Present: Mark Steinagel, Policy Analyst
Karen Allred, Committee Secretary
Public Speakers Present: Thomas W. Peters, Attorney, State Association of Prosecutors
Suzanne Smith, midwife
Elizabeth Camp-Smith, midwife
Cathy O'Bryant, midwife
Kevin George, father of children delivered by a midwife
Rebecca McInnes, Certified Midwife
Howard Nielson, former senator
Holly Richardson, Legislative Chair, Utah Midwives' Association
Heather Johnston, President, Utah Midwives' Association
Terry Melendez, M. D., OB/GYN
Stephen Lamb, M. D., OB/GYN
Donna Murphy, Utah Nurses Association
Lynn Nicholas, mother of midwife patient
Allen Christensen, D.D.S.
Cyndee Holland, traditional midwife
Catherine Wheeler, President-Elect, Utah Medical Association
Laura Poe, Division of Occupational and Professional Licensing
George Sutton,Attorney, Utah Bankers Association and Association of Financial Services
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Scott K. Jenkins called the meeting to order at 4:08 p.m.
MOTION: Sen. Killpack moved to approve the minutes of February 18, 2005.
The motion passed unanimously with Sen. Hatch, Sen. Hellewell, Sen. Hickman, Sen. Waddoups and Sen. Davis absent for the vote.
1. S.B. 62 Personal Property Transactions Amendments (M. Waddoups)
Sen. Mayne explained the bill assisted by Thomas W. Peters, Attorney, State Association of Prosecutors.
MOTION: Sen. Killpack moved to pass the bill out favorably.
The motion passed unanimously with Sen. Hatch, Sen. Hellewell, Sen. Hickman, Sen. Waddoups and Sen. Davis absent for the vote.
2. H.B. 25 Direct-entry Midwife Act (J. Biskupski)
Rep. Biskupski explained the bill assisted by Suzanne Smith, midwife, and Elizabeth Camp- Smith, midwife.
Speaking in support of the bill were: Cathy O'Bryant, midwife; Kevin George, father of children delivered by a midwife; Rebecca McInnes, certified midwife; Howard Nielson, former senator; Holly Richardson, Legislative Chair, Utah Midwives' Association; and Heather Johnston, President, Utah Midwives' Association.
Speaking in opposition to the bill were: Terry Melendez, M.D., OB/GYN; Stephen Lamb, M.D., OB/GYN; Donna Murphy, Utah Nurses Association; Lynn Nicholas, mother of midwife patient; Allen Christensen, D.D.S.; and Cyndee Holland, traditional midwife.
Catherine Wheeler, President-Elect, Utah Medical Association; Suzanne Smith, midwife; and Laura Poe, Division of Occupational and Professional Licensing, answered questions from the committee.
MOTION: Sen. Hellewell moved to pass the bill out favorably.
The motion passed with Sen. Jenkins, Sen. Hellewell, Sen. Killpack, Sen. Mansell, Sen. Waddoups, Sen. Davis and Sen. Mayne voting in favor of the bill and Sen. Hatch and Sen. Hickman voting in opposition.
3. S.B. 233 Blacklisting Amendments (A. Christensen)
MOTION: Sen. Mansell moved to adopt 1st Sub. S.B. 233.
The motion passed unanimously with Sen. Hatch absent for the vote.
Sen. Christensen, D.D.S., explained the bill.
MOTION: Sen. Mayne moved to go to the next item on today's agenda, and place
1st Sub. S.B. 233 at the top of the next agenda.
The motion passed unanimously with Sen. Hatch, Sen. Hickman and Sen. Davis absent for the vote.
4. H.B. 121 Property Exempt from Execution (J. Dunnigan)
The following amendments were distributed:
1. Page 2, Line 34 through Page 4, Line 104 :
34 78-23-5. Property exempt from execution.
35 (1) (a) An individual is entitled to exemption of the following property:
76a or policies paid
77 or payable to the debtor upon the death of the spouse or
{
H. dependent .H
}
children of the debtor 77a H. [, provided that
78 the contract or policy has been owned by the debtor for a continuous unexpired period of two
79 years] .H ;
80 (xii) H. [
80a or policies
81 paid or payable to the spouse or
{
H. dependent .H
}
children of the debtor
upon the death of the
81a debtor H. [
82 that the contract or policy has been in existence for a continuous unexpired period of two years
83 (xiii) proceeds and avails of any unmatured life insurance contracts owned by the
84 debtor
{
, except:
85 (A) amounts assigned or pledged as collateral incident to a valid contract; or
86 (B) any payments made on a contract during the 24 months immediately preceding a
87 creditor's levy or execution } ;
(2) The exemptions in Subsections (1)(xi), (xii), and (xiii) do not apply to
proceeds and avails of any matured or unmatured life insurance contract assigned
or pledged as collateral for repayment of a loan or other legal obligation.
103
{
(2)
}
(3)
Exemptions under this section do not limit items [which] that
may be claimed as
104 exempt under Section 78-23-8 .
MOTION: Sen. Waddoups moved to adopt the amendments.
The motion passed unanimously with Sen. Hatch, Sen. Hickman and Sen. Davis absent for the vote.
Sen. Waddoups proposed the following amendments:
1. Page 3, Lines 66 through 68
House Floor Amendments
2-16-2005 :
66 [
67 (ix) except for works
{
or
}
of
art held by the debtor as part of a trade or
business, works of
68 art:
MOTION: Sen. Waddoups moved to adopt the amendments.
The motion passed unanimously with Sen. Hatch, Sen. Hickman and Sen. Davis absent for the vote.
Rep. Dunnigan explained the bill.
George Sutton, Attorney, Utah Bankers Association, and Association of Financial Services, spoke in support of the bill.
MOTION: Sen. Waddoups moved to pass the bill out favorably as amended.
The motion passed unanimously with Sen. Hatch, Sen. Hickman, Sen. Killpack and Sen. Davis absent for the vote.
MOTION: Sen. Waddoups moved to adjourn.
The motion passed unanimously with Sen. Hatch, Sen. Hickman, Sen. Killpack and Sen. Davis absent for the vote.
The meeting adjourned at 5:55 p.m.
Sen. Scott K. Jenkins, Chair