MINUTES OF THE
HOUSE JUDICIARY STANDING COMMITTEE
Monday, February 24, 2020 • 4:00 p.m. • 20 House Building


Members Present:
Rep. Karianne Lisonbee, Chair
Rep. Craig Hall, Vice Chair
Rep. Cheryl K. Acton
Rep. Brady Brammer
Rep. Jon Hawkins
Rep. Eric K. Hutchings
Rep. Brian S. King
Rep. Stephanie Pitcher
Rep. Travis M. Seegmiller
Rep. V. Lowry Snow
Rep. Steve Waldrip
Rep. Mark A. Wheatley

Staff Present:
Joseph T. Wade, Policy Analyst
Christopher Vizcardo, Committee Secretary

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

Chair Lisonbee called the meeting to order at 4:11 p.m.
1. H.B. 311 Controlled Substance Enhancement Amendments (Hutchings, E.)
Rep. Hutchings presented the bill.
Mark Brown, President of Mothers Against Drunk Driving of Utah, spoke in favor of the bill.
Will Carlson, Salt Lake County District Attorney's Office, spoke in favor of the bill.
Marshall Thompson, Director of the Utah Sentencing Commission, spoke in favor of the bill.
Brian Redd, Chief of the State Bureau of Investigation, Department of Public Safety, spoke in favor of the bill.
MOTION: Rep. Brammer moved to amend H.B. 311 with Amendment #1. The motion passed with a vote of 11-0-1.
Amendment 1
H.B. 311
1.        Page 3, Lines 64 through 70: 
64                 (d) (i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
65         felony punishable by imprisonment for an indeterminate term of not less than:
66                 (A) seven years and which may be for life[.]; or
67                 (B) 15 years and which may be for life if the trier of fact { determines } determined that { any of the
68         person's subordinates } the defendant knew or reasonably should have known that any subordinate under Subsection (1)(a)(iv)(B) was under 18 years of age.
69                 (ii) Imposition or execution of the sentence may not be suspended, and the person is
70         not eligible for probation.
        (iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the offense, was under 18 years of age.

Yeas - 11Nays-0Abs-1
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. E. Hutchings
Rep. B. King
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. S. Waldrip
Rep. M. Wheatley
Rep. V. Snow
MOTION: Rep. Brammer moved to favorably recommend H.B. 311, as amended. The motion passed with a vote of 11-0-1.
Yeas - 11Nays-0Abs-1
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. E. Hutchings
Rep. B. King
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. S. Waldrip
Rep. M. Wheatley
Rep. V. Snow
2. H.B. 115 Dangerous Weapon Custodian Liability (Stoddard, A.)
Rep. Stoddard presented the bill.
Clark Aposhian, Utah Shooting Sports Council, spoke against the bill.
Joseph Cluff, resident, spoke against the bill.
Brian Judy, Utah State Director, National Rifle Association, spoke against the bill.
Dr. James R. Jewell, resident, spoke against the bill.
Matthew Whitaker, resident, spoke against the bill.
Brian Meisman, resident, spoke against the bill.
John Vixon, resident, spoke against the bill.
Dee Miller, resident, spoke against the bill.
Jonathan Barker, resident, spoke against the bill.
Jeff Thornley, resident, spoke against the bill.
Austin Putnam, resident, spoke against the bill.
MOTION: Rep. King moved to favorably recommend H.B. 115. The motion failed with a vote of 3-7-2.
Yeas - 3Nays-7Abs-2
Rep. B. King
Rep. S. Pitcher
Rep. M. Wheatley
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. T. Seegmiller
Rep. S. Waldrip
Rep. E. Hutchings
Rep. V. Snow
3. H.B. 136 Safe Storage of Firearms Amendments (Weight, E.)
Rep. Weight presented the bill with support from Dr. Claudia Fruin, founder of Bulletproof Kids.
Brian Judy, Utah State Director, National Rifle Association, spoke against the bill.
Reese Whitlock, high school student and member of March for Our Lives Utah, spoke in favor of the bill.
Jeff Bowles, resident, spoke against the bill.
Jake Horlacher, resident, spoke against the bill.
Clark Aposhian, Utah Shooting Sports Council, spoke against the bill.
Dr. James R. Jewell, resident, spoke against the bill.
Spencer Rands, Armed Self Defense Institute, spoke against the bill.
Randall Bateman, resident, spoke against the bill.
Steve Durant, resident, spoke against the bill.
Joseph Rust, resident, spoke against the bill.
Joseph Cluff, resident, spoke against the bill.
Greg Wright, resident, spoke against the bill.
Dee Miller, resident, spoke against the bill.
Matthew Whitaker, resident, spoke against the bill.
Hayden Jackson, resident, spoke against the bill.
Jonathan Barker, resident, spoke against the bill.
Ainsley Moench, resident, spoke in favor of the bill.
Brian Meisman, resident, spoke against the bill.
Kara Sherman, Utah PTA, spoke in favor of the bill.
Jonathan Meisman, resident, spoke against the bill.
Stephen Clarke, resident, spoke against the bill.
Rep. Wheatley moved to move to the next agenda item.
SUBSTITUTE MOTION: Rep. Seegmiller moved to table H.B. 136. The substitute motion failed with a vote of 3-7-2.
Yeas - 3Nays-7Abs-2
Rep. C. Acton
Rep. T. Seegmiller
Rep. V. Snow
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. S. Waldrip
Rep. M. Wheatley
Rep. E. Hutchings
Rep. B. King
Rep. Wheatley's motion to move to the next agenda itempassed with a vote 10-0-2.
Yeas - 10Nays-0Abs-2
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. V. Snow
Rep. S. Waldrip
Rep. M. Wheatley
Rep. E. Hutchings
Rep. B. King
MOTION: Rep. Hawkins moved to approve the minutes of the February 19, 2020, and the February 21, 2020, meetings. The motion passed with a vote of 10-0-2.
Yeas - 10Nays-0Abs-2
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. V. Snow
Rep. S. Waldrip
Rep. M. Wheatley
Rep. E. Hutchings
Rep. B. King
4. 1st Sub. S.B. 45 Uniform Fiduciary Income and Principal Act Amendments (Hillyard, L.)
Sen. Hillyard presented the bill.
MOTION: Rep. Waldrip moved to favorably recommend 1st Substitute S.B. 45. The motion passed with a vote of 10-0-2.
Yeas - 10Nays-0Abs-2
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. V. Snow
Rep. S. Waldrip
Rep. M. Wheatley
Rep. E. Hutchings
Rep. B. King
5. H.B. 346 Recreational Activity Risks Amendments (Brammer, B.)
Rep. Brammer presented the bill.
MOTION: Rep. Hawkins moved to amend H.B. 346 with Amendment #1. The motion passed with a vote of 10-0-2.
Amendment 1
H.B. 346
1.        Page 2, Lines 40 through 46: 
40                 (d) "Recreational activity" { [ } includes { ] } {   means } a rodeo, an equestrian activity,
41         skateboarding, skydiving, para gliding, hang gliding, roller skating, ice skating, fishing, hiking,
42         walking, running, jogging, bike riding, scooter riding, or in-line skating on property:
43                 (i) owned, leased, or rented by, or otherwise made available to:
44                 (A) with respect to a claim against a county, the county; and
45                 (B) with respect to a claim against a municipality, the municipality; and
46                 (ii) intended for the specific use in question.

Yeas - 10Nays-0Abs-2
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. V. Snow
Rep. S. Waldrip
Rep. M. Wheatley
Rep. E. Hutchings
Rep. B. King
MOTION: Rep. Hawkins moved to favorably recommend H.B. 346, as amended. The motion passed with a vote of 10-0-2.
Yeas - 10Nays-0Abs-2
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. V. Snow
Rep. S. Waldrip
Rep. M. Wheatley
Rep. E. Hutchings
Rep. B. King
MOTION: Rep. Hawkins moved to adjourn. The motion passed with a vote of 10-0-2.
Yeas - 10Nays-0Abs-2
Rep. C. Acton
Rep. B. Brammer
Rep. C. Hall
Rep. J. Hawkins
Rep. K. Lisonbee
Rep. S. Pitcher
Rep. T. Seegmiller
Rep. V. Snow
Rep. S. Waldrip
Rep. M. Wheatley
Rep. E. Hutchings
Rep. B. King
Chair Lisonbee adjourned the meeting at 6:12 p.m.