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    MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
State Capitol -- Room 225
February 9, 2004



Members Present:    Rep. DeMar "Bud Bowman, Chair
            Rep. Douglas C. Aagard, Vice Chair
            Rep. Duane Bourdeaux
            Rep. LaVar F. Christensen
            Rep. Brad L. Dee            
            Rep. Patricia W. Jones            
            Rep. David Litvak
            Rep. Michael T. Morley
            Rep. Peggy Wallace
            Rep. R. Curt Webb

Members Absent:    Rep. Wayne A. Harper

Staff Present:    
Ms. Jami Momberger, Policy Analyst
            Ms. Linda Error, Committee Secretary

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

Rep. Bowman called the meeting to order at 8:12 a.m.

MOTION:    Rep. Aagard moved to approve the minutes of the February 5, 2004 meeting. The         motion passed unanimously, with Rep. Bourdeaux, Rep Christensen, Rep Morley,         and Rep. Wallace absent for the vote.

H.B. 123    Drug Lab Cleanup and Disclosure (Rep. D. Litvack)

MOTION:    Rep. Litvak moved to delete in title and body H.B. 123 and replace it with 1st         Substitute H.B. 123. The motion passed unanimously, with Rep. Bourdeaux,         Rep. Christensen, Rep. Morley, and Rep. Wallace absent for the vote.

Rep. Litvak explained the bill, assisted by Lewis Garrett, Davis County Health Department, and Chris Kyler, Utah Association of Realtors.

Spoke for the bill:    Butch Dailey, President, Utah Association of Realtors

MOTION:    Rep. Jones moved to pass the bill out favorably. The motion passed unanimously,         with Rep. Bourdeaux, Rep. Christensen, and Rep. Morley absent for the vote.



H.B. 161    Law Enforcement Amendments (Rep. C. Moss)

Rep. Moss explained the bill, assisted by Clark Harms, Deputy District Attorney, Salt Lake County.

MOTION:    Rep. Dee moved to pass the bill out favorably. The motion passed unanimously,         with Rep. Bourdeaux, Rep. Christensen, Rep. Morley, and Rep. Webb absent for         the vote.

MOTION:    Rep. Jones moved that H.B. 161 be placed on the consent calendar. The motion         passed unanimously, with Rep. Bourdeaux, Rep. Christensen, Rep. Morley, and         Rep. Webb absent for the vote.

H.B. 39    Special Functions Officers for the Division of Occupational and Professional Licensing (Rep. J. M. Philpot)

Rep. Philpot explained the bill, assisted by Kelly Atkinson, Executive Director, Fraternal Order of Police.

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

1.    Page 2, Lines 31 through 33 :    

             31          (2) An investigator employed under Subsection (1) is a special function officer, as
             32      defined in Section 53-13-105 , but is not eligible for retirement benefits under the Public Safety
             33      Noncontributory Retirement System.
    
  (3)(a) It is not the intent of the Legislature to designate the division as an agency whose primary purpose would be that of general law enforcement.

    (b) The primary purpose of the division is to administer and enforce the provisions of Title 58, Occupations and Professions.  


Spoke for the bill:    Laura Poe, Assistant Director, Division of Occupational and Professional             Licensing
            Craig Jackson, Director, Division of Occupational and Professional             Licensing

Spoke against the bill:    Jim Olsen, Executive Vice President, Utah Retail Merchants                 Association
                Taz Biesinger, Utah Home Builders Association


MOTION:    Rep. Aagard moved to pass the bill out favorably as amended. The motion         passed, with Rep. Christensen, Rep. Dee, Rep. Morley, and Rep. Webb voting in         opposition.

MOTION:    Rep. Jones moved to adjourn the meeting. The motion passed unanimously.

Rep. Bowman adjourned the meeting at 9:15 a.m.


















                        _____________________________
                        Rep. DeMar "Bud" Bowman, Chair