MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE

Room 450, Utah State Capitol Complex

March 7, 2016

Members Present:                Rep. Don L. Ipson, Chair

                                                Rep. Marc K. Roberts, Vice Chair

                                                Rep. Bradley M. Daw

                                                Rep. Steve Eliason

                                                Rep. Sandra Hollins

                                                Rep. Kay L. McIff

                                                Rep. Jeremy A. Peterson

                                                Rep. Paul Ray

                                                Rep. Edward H. Redd

                                                Rep. Angela Romero

                                                Rep. Earl D. Tanner 

Staff Present:                        Mr. Nathan Brady, Policy Analyst

                                                Ms. Linda Black, Committee Secretary

NOTE:     A list of visitors and a copy of handouts are filed with the committee minutes

Chair Ipson called the meeting to order at 4:12 p.m.

MOTION:     Rep. Roberts moved to approve the minutes of February 26, March 1, and March 2, 2016. The motion passed unanimously with Rep. Daw, Rep. Eliason, Rep. Peterson, Rep. Ray, and Rep. Tanner absent for the vote.

H.B. 472         Gun Owners Privacy Protection Act (Rep. C. Oda)

Rep. Oda explained the bill to the committee, with the assistance of Clark Aposhian, Utah Shooting Sports Council.

MOTION:     Rep. Roberts moved to replace H.B. 472 with 1st Substitute H.B. 472. The motion passed unanimously.

MOTION:     Rep. Ray moved to pass 1st Substitute H.B. 472 out favorably. The motion passed unanimously.

H.B. 479 S1    Jail Reimbursement Rate Amendments (Rep. M. Noel)

Rep. Noel explained the bill to the committee.

MOTION:     Rep. McIff moved to pass 1st Substitute H.B. out favorably. The motion passed unanimously with Rep. Daw, Rep. Peterson, and Rep. Tanner absent for the vote.

H.B. 460         School Resource Officers and School Administrators Training and Agreement (Rep. S. Hollins)

Rep. Hollins explained the bill to the committee with the assistance of Leah Farrell, ACLU of Utah

MOTION:     Rep. Romero moved to amend the bill as follows:

1.    Page 3, Lines 65 through 67:   

65stakeholders; and

66   (d) {  follow  }  consider  the current United States Department of Education recommendations on

67school discipline and the role of a school resource officer.

2.    Page 4, Lines 97 through 100: 

97   (iii) work to create a cooperative, proactive, and problem-solving partnership between

98law enforcement and the LEA; {  and  }

99   (iv) emphasize the use of restorative approaches to address negative behavior;  and

       (v) at the request of the LEA, teach a vocational law enforcement class; 

100 (b) a description of the shared understanding of the LEA and the law enforcement

3.    Page 4, Lines 105 through 109:      

105 (iii) support educational opportunities for students;

106  {  (c) provisions that prohibit an SRO from using formal law enforcement intervention,

107absent a real and immediate threat at the school;  }  

       (c) a designation of student offenses that the SRO shall confer with the LEA to resolve, including an offense that:

       (i) is a minor violation of the law; and

       (ii) would not violate the law if the offense was committed by an adult; 

108 (d) a designation of  student  offenses that are administrative issues that an SRO shall refer to a

109school administrator for resolution;

The motion passed unanimously with Rep. Daw and Rep. Peterson absent for the vote.

Spoke for the bill:       Michael Clara, District #2, Salt Lake City School Board (handout)

                                   Chief Tom Ross, Bountiful, Utah, Police Department

                                   Andrew Riggle Public Policy Advocate, Disability Law Center

                                   Chairman James M. Evans, Utah Republican Party

                                   Alana Kindness, Executive Director, Utah Coalition Against Sexual                                        Assault

MOTION:     Rep. Romero moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Daw absent for the vote.

S.B. 218          Department of Corrections Amendments (Sen. L. Fillmore) (Rep. P. Ray)

Sen. Fillmore explained the bill with the assistance of Mike Haddon, Deputy Director, Utah Department of Corrections.

MOTION:     Rep. Ray moved to pass the bill out favorably.

SUBSTITUTE

MOTION:     Rep. Tanner moved to amend the bill as follows:

             Lines 195-200           Restore the original language on lines 195-200

The motion failed with Rep. Eliason, Rep. McIff, Rep. Peterson, Rep. Ray, and Chair Ipson voting in opposition.

The original motion to pass the bill out favorably, passed with Rep. Redd, Rep. Romero, and Rep. Tanner voting in opposition.

MOTION:      Rep. Daw moved to adjourn the meeting. The motion passe unanimously.

Chair Ipson adjourned the meeting at 5:20 p.m.

____________________________

Don L. Ipson, Chair