FORTY-EIGHTH LEGISLATURESB 338/a

FIRST SESSION, 2007

February 20, 2007

Madam President:

    Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

SENATE BILL 338

has had it under consideration and reports same with recommendation that it DO NOT PASS, but that

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 338

DO PASS, amended as follows:

    1. On page 1, line 12, after the comma insert "A HEARING,".

    2. On page 4, line 23, strike "and".

    3. On page 4, line 25, strike the period and insert in lieu thereof "; and".

    4. On page 4, after line 25, insert a new subsection to read:

         "E. within twenty-four hours after a seizure conducted pursuant to Subsection A of this section, hold a hearing during which a person affected by the seizure may challenge whether probable cause existed for the seizure. The hearing shall be conducted by a hearing officer appointed by the agency and the hearing officer shall render a decision immediately upon the conclusion of the hearing. The decision of the hearing officer may be appealed to a magistrate or district court in the county where the seizure took place. The appeal shall be heard within forty-eight hours of the conclusion of the hearing conducted by the hearing officer.".,

and thence referred to the JUDICIARY COMMITTEE.

                               Respectfully submitted,

                               __________________________________

                               Dede Feldman, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 8 For 0 Against

Yes:      8

No:       0

Excused: Ingle

Absent:   None

SB0338PA1                                                  .168075.2