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MINUTES OF THE
SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE
STANDING COMMITTEE MEETING
WEDNESDAY, JANUARY 22, 2008
, 2:00 P.M.
ROOM W130, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX



Members Present:    Sen. Gregory S. Bell, Chair
    Sen. Jon J. Greiner
    Sen. Lyle W. Hillyard
    Sen. Mark B. Madsen
    Sen. Scott D. McCoy
    Sen. Ross I. Romero
    
Members Excused:    Pres. John Valentine

Staff Present:    Jerry Howe, Policy Analyst
    Karen C. Allred, Committee Secretary
    
Public Speakers Present:    Michael Cragun, Deputy Chief Of Staff, Lt. Governor
    Clair Williams, UDLL Attorney, Union Pacific
    Mark Rowley, Union Pacific Police
    Richard Hamp, Asst. Attorney General
    Tom Patterson, Executive Director, UDC
    Amanda Viana, UPEA Field Rep.
    Maureen Henrie, Utah Commission on Aging

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

Chair Bell called the meeting to order at 2:15 pm
    
1.     S.B. 114 Notary Public Revision (G. Bell)

    
Sen. Greiner assumed the committee chair.
    
    Sen. Bell distributed an amendment to the bill     and introduced Michael Cragun, Deputy Chief of Staff, Lt. Governor to speak in favor of the     bill.

     MOTION: Sen. Bell moved to adopt the following amendment:     

1.    Page 2, Lines 28 through 37 :    

             28          A notary may not perform a notarial act if the notary:
             29          (1) is a signer of
{   or named in   } the document that is to be notarized

except      {   :


             30          (a)  
}
in case of a self-proved will as provided in Section 75-2-504 ;
{   and   }        or

    (2)     is named in the document that is to be notarized except:
    (a)    in the case of a self-proved will as provided in Section 75-2-504; or  

             31          (b) in the case of a licensed attorney that is listed in the document only as representing
             32      a signer or another person named in the document;
             33          
{   (2)   }        (3)       will receive directly from a transaction connected with a financial transaction in

             34      which the notary is named individually as a principal; or
             35          
{   (3)   }        (4)       will receive directly from a real property transaction in which the notary is named

             36      individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor,
             37      vendee, lessor, or lessee.
    
    The motion passed unanimously with Sens. Hillyard, and Romero absent for the vote.     
     MOTION: Sen. Bell moved to send S.B. 114 as amended, out of committee with a favorable recommendation.

    The motion passed unanimously with Sens. Hillyard and Romero absent for the vote.

Chair Bell resumed the Chair.

2.     S.B. 94 Burglary of a Railroad Car (D. Peterson)

    
Sen. Darin Peterson presented and explained the bill.

    Clair Williams, UDLL Attorney, Union Pacific gave further clarification and spoke in favor     of the bill.

    
Mark Rowley, Union Pacific Police, answered questions and spoke in favor of the bill.

     MOTION: Sen. Madsen moved to send S.B. 94 out of committee with a favorable recommendation.

    The motion passed unanimously with Sens. Hillyard and Romero absent for the vote.     
3.     S.B. 52 Identity Theft Amendment (C. Walker)



    Sen. Walker presented and explained the bill.

    Richard Hamp, Asst. Attorney General, spoke in favor of the bill.

     MOTION: Sen. McCoy moved to send S.B.52 out of the committee with a favorable recommendation.

    The motion passed unanimously with Sen. Hillyard absent for the vote.

4.     S.B. 106 Juvenile Custody Maintenance Amendments (D. Peterson)

    Sen. Peterson presented and explained the bill. After discussion, it was decided that the     bill needed to be amended.

     MOTION: Sen. Romero moved to go to the next item on the agenda.

    The motion passed unanimously with Sens. Hillyard and Greiner absent for the vote.

5.     S.B. 119 Department of Corrections Amendments (D. Peterson)

    Sen. Peterson presented and explained the bill, and a handout was distributed.

    Tom Patterson, Executive Director, UDC spoke in favor of the bill.

    Amanda Viana, Field Rep, UPEA spoke in favor of the bill.

     MOTION: Sen. McCoy moved to send S.B. 119 out of the committee with a favorable recommendation.

    The vote was unanimous with Sen. Greiner absent for the vote.

     MOTION: Sen. McCoy moved to place S.B. 119 on the consent calendar.

    The vote was unanimous with Sen. Greiner absent for the vote.     
6.     S.B. 120 Department of Corrections Employee Vehicle Use (D. Peterson)

    
Sen. Peterson presented and explained the bill, and a handout was distributed.

    Tom Patterson, Executive Director, UDC, spoke in favor of the bill.

     MOTION: Sen. Hillyard moved to send S.B. 120 out of the committee with a favorable recommendation.



    The vote was unanimous with Sen. Greiner absent for the vote.

7.     S.B. 122 Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (L.     Hillyard)

    Sen. Hillyard presented and explained the bill.
    
    Maureen Henrie, Utah Commission on Aging spoke in favor of the bill.

     MOTION: Sen. Madsen moved to send S.B. 122 out of the committee with a favorable recommendation.

    The vote was unanimous with Sen. Greiner absent for the vote.

8.     SCR003 Resolution Supporting Observance of Peace Officers Memorial Day (J. Greiner)

    Sen. Greiner presented and explained the bill.

     MOTION: Sen. Greiner moved to adopt SCR 3 and pass to the floor.

    The vote was unanimous with Sens. Hillyard and McCoy absent for the vote.

MOTION: Sen. Romero moved to adjourn.

    The vote was unanimous with Sens. McCoy and Hillyard absent for the vote.

The meeting adjourned at 3:15




        
_            _____________________________________
            Sen. Gregory S. Bell, Committee Chair