MINUTES OF THE

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

STANDING COMMITTEE

Tuesday, February 28, 2017 • 8:00 a.m. • 30 House Building

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 Perry called the meeting to order at 8:09 a.m.

MOTION:     Rep. Gardiner moved to approve the minutes of the February 24, 2017 meeting. The motion passed with a vote of 7-0-5.

1. S.C.R. 1 Concurrent Resolution on Increasing Pay for Certain Public Safety Officers and Firefighters (Weiler, T.)

Sen. Todd Weiler presented the bill.

MOTION:     Rep. Winder moved to pass S.C.R. 1 out favorably. The motion passed with a vote of 9-0-3.

2. 1st Sub. S.B. 75 Child Welfare Amendments (Fillmore, L.)

Sen. Lincoln Fillmore presented the bill with the assistance of Ms. Barbara Higgins, Family Crimes Intervention Coordinator, Sandy City Police Department.

Detective Evan Keller, Investigator, Sandy City Police Department, spoke in favor of the bill.

Ms. Charri Brummer, Deputy Director, Division of Child and Family Services, spoke in favor of the bill.

MOTION:     Rep. Weight moved to pass 1st Substitute S.B. 75 out favorably. The motion passed with a vote of 6-5-1.

3. S.B. 118 Criminal Law Amendments (Thatcher, D.)

Sen. Daniel W. Thatcher presented the bill with the assistance of Major Brian Redd, Director, State Bureau of Investigation, Department of Public Safety.

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

MOTION:     Rep. Ray moved to pass S.B. 118 out favorably. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Eliason moved to place S.B. 118 on the Consent Calendar.

Rep. Eliason withdrew his motion.

Rep. Redd assumed the chair.

4. H.B. 425 Security Personnel Amendments (Perry, L.)

Rep. Perry presented the bill.

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

Mr. John Tinsley, Professional Alliance of Contract Security Companies and the Utah Professional Association of Legal Services, spoke in favor of the bill.

Mr. Perry Rose, retired law enforcement officer and owner of a security company, spoke in favor of the bill.

MOTION:     Rep. Ray moved to replace H.B. 425 with 1st Substitute H.B. 425. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Eliason moved to amend 1st Substitute H.B. 425 with Amendment #1 as follows:

1.    Page 2, Lines 33 through 40:   

33   (a) contains clear language that addresses and assigns financial responsibility;

34   (b) describes the length, duties, and scope of the security services that will be provided;

35   (c) describes the compensation that will be paid by the client for the security services,

36including the compensation for each security officer

37   

38by the security service provider while providing security services, including the compensation

39that will be provided by the client for the use of such vehicles or other equipment.  

40   [(1)] (2) "Armed courier service" means a person engaged in business as a contract

2.    Page 4, Lines 106 through 110:      

106this chapter.

107 (12)

10853-1-102.

109 

110 [(8) "Officer" means a president, vice president, secretary, treasurer, or other officer of

3.    Page 6, Lines 154 through 157:      

154location.]

155 (17) "Security service provider" means a contract security company

156chapter,  

157 [(13)] (18) "Security system" means equipment, a device, or an instrument installed

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Miles moved to pass 1st Substitute H.B. 425 out favorably. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Ray moved to place 1st Substitute H.B. 425 on the Consent Calendar. The motion passed with a vote of 10-0-2.

5. H.B. 261 Local Emergency Response Amendments (Sagers, D.)

Rep. Perry resumed the chair.

Rep. Douglas V. Sagers presented the bill.

MOTION:     Rep. Ray moved to amend H.B. 261 with Amendment #3 as follows:

1.    Page 2, Lines 38 through 41:   

38   (b) one representative from a private ambulance provider

39   (i) may not serve more than two consecutive terms; and

40   (ii) after the term under Subsection (1)(b)(i), shall be replaced by a member from a

41different private ambulance provider;  

2.    Page 3, Lines 59 through 61:   

59   (b) Notwithstanding Subsection (2)(a), the governor

60or reappointment, adjust the length of terms to ensure that the terms of committee members are

61staggered so that approximately half of the committee is appointed every two years

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Ray moved to pass H.B. 261 out favorably. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Ray moved to place H.B. 261 on the Consent Calendar. The motion passed with a vote of 10-0-2.

6. H.B. 222 Criminal Offenses Modifications (Handy, S.)

Rep. Stephen G. Handy presented the bill with the assistance of Mr. Steve Burton, Criminal Defense Lawyer, Utah Association of Criminal Defense Lawyers.

Mr. Spencer Walsh, Chief Prosecutor, Cache County Attorney's Office, also representing Statewide Association of Prosecutors, spoke in opposition to the bill.

Mr. Gary Warwood, resident spoke in favor of the bill.

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

Ms. Teresa Warwood, resident spoke in favor of the bill.

Ms. Tracy Tabet, Children's Justice Center Program, Office of the Attorney General, spoke in opposition of the bill.

MOTION:     Rep. Gardiner moved to amend H.B. 222 with Amendment #1 as follows:

1.    Page 2, Lines 50 through 51:   

50   [(4)] (5)

51mandatory in accordance with Section 76-3-406.

2.    Page 3, Lines 77 through 78:   

77   [(4)] (5)

78mandatory in accordance with Section 76-3-406.

3.    Page 4, Lines 102 through 103:      

102 [(4)] (5)

103mandatory in accordance with Section 76-3-406.

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Miles moved to pass H.B. 222 out favorably. The motion passed with a vote of 7-3-2.

MOTION:     Rep. Gardiner moved to adjourn. The motion passed with a vote of 10-0-2.

Chair Perry adjourned the meeting at 9:59 a.m.

_____________________________________

Rep. Lee B. Perry, Chair