MINUTES OF THE

SENATE JUDICIARY, LAW ENFORCEMENT, AND CRIMINAL JUSTICE

STANDING COMMITTEE

Wednesday, March 1, 2017 • 8:00 am • 250 State Capitol

Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at le.utah.gov.

Chair Weiler called the meeting to order at 8:04 a.m.

MOTION:     Sen. Hillyard moved to approve the minutes of the February 27, 2017 meeting. The motion passed with a vote of 4-0-3.

1. 1st Sub. H.B. 156 State Job Application Process (Hollins, S.)

MOTION:     Sen. Hillyard moved to amend 1st Substitute H.B. 156 with Amendment #3 as follows:

1.    Page 3, Lines 70 through 72:   

            House Floor Amendments

            2-23-2017

70   (e) to a public employer that works with children or vulnerable adultsĤ➔ [as part of the

71human services system] Ĥ;

72   (f) to the Department of Alcoholic Beverage Control created in Section 32B-2-203

The motion passed with a vote of 4-0-3.

Rep. Hollins explained the bill.

Mr. Ben Aldana spoke in favor of the bill.

Ms Gina Cornia, Executive Director, Utahns Against Hunger, spoke in favor of the bill.

Mr. Daniel Magpalt spoke in favor of the bill.

Mr. Tom Ross, Bountiful Police Chief, Utah Chiefs of Police, spoke in favor of the bill.

Ms. Anna Thomas, Strategic Communications Manager, American Civil Liberties Union of Utah, spoke in favor of the bill.

Mr. Michael McAinsh spoke in favor of the bill.

Ms. Erin Jemison, Director of Public Policy, Young Women's Christian Association of Utah, spoke in favor of the bill.

MOTION:     Sen. Escamilla moved to pass 1st Substitute H.B. 156 out favorably. The motion passed with a vote of 4-0-3.

2. S.B. 68 Imputed Income Amendments (Anderegg, J.)

MOTION:     Sen. Hillyard moved to amend S.B. 68 with Amendment #1 as follows:

1.    Page 3, Lines 66 through 73:   

66   (b)

67potential and probable earnings as derived from employment opportunities, work history,

68occupation qualifications, and prevailing earnings for persons of similar backgrounds in the

69community, or the median earning for persons in the same occupation in the same geographical

70area as found in the statistics maintained by the Bureau of Labor Statistics

71   

72no recent and significant work history and has no recent occupational qualifications, unless it

73can be shown that the parent can obtain employment in that occupation.  

The motion passed with a vote of 3-0-4.

Sen. Anderegg explained the bill.

Mr. Stewart Ralphs, Legal Aid Society of Salt Lake, spoke in opposition to the bill.

Ms. Dani Hartsvigson, Coalition to Family Values, Utah Eagle Forum, spoke in favor of the bill.

Mr. Lisa Stockdale, Director, Office of Recovery Services, spoke in opposition to the bill.

MOTION:     Sen. Thatcher moved to go to the next item on the agenda. The motion passed with a vote of 3-1-3.

3. S.B. 227 Doxing Prohibition Amendments (Stephenson, H.)

Sen. Stephenson explained the bill.

MOTION:     Sen. Hillyard moved to amend S.B. 227 with Amendment #1 as follows:

1.    Page 5, Lines 135 through 137:      

135 (3) (a) A person who

136with the

137identifying information is

The motion passed with a vote of 3-0-4.

Mr. Will Carlson, Statewide Association of Prosecutors, spoke in favor of the bill.

Ms. Maryann Christensen, Executive Director, Utah Eagle Forum, spoke in favor of the bill.

Ms. Renai Cowley, Utah Media Coalition, Google, spoke to the bill.

Ms. Shelly Terscher, Lobbyist, LexisNexis, spoke to the bill.

MOTION:     Sen. Thatcher moved to pass S.B. 227 out favorably. The motion passed with a vote of 3-1-3.

4. 1st Sub. H.B. 206 Domestic Violence – Weapons Restrictions (King, B. S.)

Rep. Brian S. King explained the bill.

MOTION:     Sen. Escamilla moved to amend 1st Substitute H.B. 206 with Amendment #2 as follows:

1.    Page 2, Line 56 through Page 3, Line 69:     

56   (x) is a respondent or defendant subject to a protective order or child protective order

57that Ĥ➔ [:

58   (A)] Ĥ is issued after a hearing for which the respondent or defendant received actual

59notice and at which the respondent or defendant has an opportunity to participate Ĥ➔ [;] ,

60   [(B)]

61engaging in other conduct that would place an intimate partner, as defined in 18 U.S.C. Sec.

62921, or a child of the intimate partner, in reasonable fear of bodily injury to the intimate partner

63or child of the intimate partner

64   Ĥ➔ [(C)]

64athreat to

65the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.

66Sec. 921 or the child of the individual; or

67   Ĥ➔ [(D)]

67aforce that

68would reasonably be expected to cause bodily harm against an intimate partner or the child of

69an intimate partner; or

The motion passed with a vote of 4-0-3.

Ms. Erin Jemison, Director of Public Policy, Young Women's Christian Association, spoke in favor of the bill.

Ms. Ty Finch, Public Information Manager, Utah Domestic Violence Coalition, spoke in favor of the bill.

Mr. Tom Ross, Bountiful Chief of Police, Utah Chiefs of Police, spoke in favor of the bill.

Ms. Jean Hill, Government Liaison, Catholic Diocese, spoke in opposition to the bill.

MOTION:     Sen. Hillyard moved to pass 1st Substitute H.B. 206 out favorably. The motion passed with a vote of 4-0-3.

5. 2nd Sub. H.B. 252 Disposal of Firearms (Daw, B.)

Rep. Daw explained the bill.

Mr. Tom Ross, Bountiful Police Chief, Utah Chiefs of Police, spoke in favor of the bill.

Mr. Clark Aposhian, Director, Utah Shooting Sports Council, spoke in favor of the bill.

MOTION:     Sen. Escamilla moved to pass 2nd Substitute H.B. 252 out favorably. The motion passed with a vote of 4-0-3.

6. H.B. 198 Concealed Carry Amendments (Lisonbee, K.)

Rep. Lisonbee presented the bill with the assistance of Mr. Curtis Oda and Mr. Clark Aposhian, Director, Utah Shooting Sports Council.

Ms. Sophia Hanes-Tingey spoke in opposition to the bill.

Mr. Dan Deuel spoke in favor of the bill.

Mr. Tom Ross, Bountiful Police Chief, Utah Chiefs of Police, spoke in opposition to the bill.

Ms. Maryann Christensen, Executive Director, Utah Eagle Forum spoke in favor of the bill.

Ms. Jean Hill, Goverment Liaison, Catholic Diocese, spoke in opposition to the bill.

MOTION:     Sen. Thatcher moved to pass H.B. 198 out favorably. The motion passed with a vote of 4-1-2.

7. H.B. 15 Alimony Amendments (Stratton, K.)

Rep. Stratton explained the bill.

MOTION:     Sen. Hillyard moved to pass H.B. 15 out favorably. The motion passed with a vote of 5-0-2.

MOTION:     Sen. Hillyard moved to place H.B. 15 on the Consent Calendar. The motion passed with a vote of 5-0-2.

8. 2nd Sub. H.B. 141 Unborn Child Protection Amendments (Stratton, K.)

Sen. Stratton explained the bill.

Ms. Marina Lowe, Legislative and Policy Counsel, American Civil Liberties Union of Utah, spoke in opposition to the bill.

Ms. Tersa Durbin, Physician, Pro-Life Utah, spoke in favor of the bill.

Ms. Maryann Christensen, Executive Director, Utah Eagle Forum. spoke in favor of the bill.

Ms. Miriam Merrill, Intern, Family Policy Resource, spoke in favor of the bill.

Ms. Mary Taylor, President, Pro-Life Utah spoke in favor of the bill.

MOTION:     Sen. Thatcher moved to pass 2nd Substitute H.B. 141 out favorably. The motion passed with a vote of 2-1-4.

MOTION:     Sen. Thatcher moved to adjourn. The motion passed with a vote of 3-0-4.

Chair Weiler adjourned the meeting at 10:00 a.m.

______________________

Sen. Todd Weiler, Chair