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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 9, 2009



Members Present:    Rep. Douglas Aagard, Chair
            Rep. Curt Oda, Vice Chair
            Rep. Trisha Beck
            Rep. John Dougall
            Rep. Ben Ferry            
            Rep. Richard Greenwood
            Rep. David Litvak            
            Rep. Becky Lockhart
            Rep. Paul Ray
            Rep. Jennifer Seelig
            Rep. Larry Wiley
            Rep. Carl Wimmer

Staff Present:    Mr. Stewart Smith, Policy Analyst
            Ms. Linda Error, Committee Secretary

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

Rep. Oda called the meeting to order at 8:10 a.m.

MOTION:    Rep. Ray moved to approve the minutes of the February 5, 2009 meeting. The motion passed unanimously, with Rep. Aagard, Rep. Ferry, and Rep. Litvack absent for the vote.

H.B. 37    Violent Offenses Amendments (Rep. J. Seelig)

Rep. Seelig presented the bill to the committee with the assistance of Mr. Paul Boyden, Utah Association of Statewide Prosecutors.

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

1.    Page 3, Line 74 :    

             74          (e) any felony sexual offense under Title 76, Chapter 5, Part 4,
{   Enticement of a Minor   }        Sexual Offenses       ;


The motion to amend passed unanimously, with Rep. Aagard and Rep. Ferry absent for the vote.

MOTION:     Rep. Wiley moved to pass the bill out favorably. The motion passed unanimously, with Rep. Aagard and Rep. Ferry absent for the vote.



H.B. 277    Controlled Substance Amendments (Rep. P. Ray)

Rep. Ray presented the bill to the committee.

MOTION:    Rep. Litvack moved to send the bill to Rules with a recommendation for interim study. The motion passed unanimously, with Rep. Ferry absent for the vote.

H.B. 136    Sex Offender Definition Amendments (Rep. P. Ray)

Rep. Ray presented the bill to the committee.

Spoke for the bill:    Ms. Jacey Skinner, Director, Utah Sentencing Commission

MOTION:    Rep. Beck moved to pass the bill out favorably. The motion passed unanimously, with Rep. Ferry and Rep. Seelig absent for the vote.

H.B. 122    Government Records Access and Management Act Amendments (Rep. D. Aagard)

Rep. Aagard presented the bill to the committee with the assistance of Mr. Patrick Nolan, Office of the Attorney General. (handout)

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

1.    Page 1, Lines 14 through 15 :    

             14          .    clarifies that records
  may       be      {   may   } classified as protected if they are prepared in

             15      anticipation of litigation;

The motion to amend passed unanimously, with Rep. Ferry absent for the vote.

Spoke against the bill:    Mr. Jeff Hunt, Utah Media Coalition
                Mr. Jim Fisher, Society of Professional Journalists

MOTION:    Rep. Ray moved to pass the bill out favorably.

SUBSTITUTE
MOTION:    Rep. Litvack moved to proceed to the next item on the agenda. The motion failed, with Rep. Beck, Rep. Litvack, and Rep. Wiley voting in favor. Rep. Dougall and Rep. Seelig were absent for the vote.





The original motion to pass the bill out favorably passed, with Rep. Beck, Rep. Litvack and Rep. Wiley voting in opposition. Rep. Dougall and Rep. Seelig were absent for the vote.

S.B. 40    Lawful Presence Verification for Issuance of a Driver License or Identification Card (Sen. C. Bramble)

Sen. Bramble presented the bill to the committee.

Spoke against the bill:    Mr. Alex Segura, private citizen

MOTION:    Rep. Ferry moved to pass the bill out favorably. The motion passed unanimously, with Rep. Dougall, Rep. Litvack, and Rep. Seelig absent for the vote.

Rep. Oda relinquished the chair to Rep. Aagard.

H.B. 129    Alcoholic Beverage Amendments Related to Minors (Rep. C. Oda)

Rep. Oda presented the bill to the committee.

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

1.    Page 7, Lines 192 through 198 :    

             192          (1) A minor is liable to a retail licensee in an amount described in Subsection (2) if:
             193          (a) the commission imposes an applicable fine against the retail licensee
  on the basis of a violation related to a minor       ;        and      

             194          (b) the minor
{   is involved   }        , as part of the minor's involvement       in the violation      {   related to a minor that is the basis for the

             195      applicable fine; and
             196          (c) as part of the facts that are the basis for the applicable fine, the minor attempts to:
             197          (i) use  
}
  described in Subsection (1)(a), uses       proof of age in violation of Chapter 1, Part 3, Proof of Age      {   ; or

             198          (ii) otherwise engage in an act that is a violation of this title for a minor to engage in  
}
.

The motion to amend passed unanimously, with Rep. Dougall, Rep. Litvack, and Rep. Seelig absent for the vote.



Spoke for the bill:    Ms. Liz Zentner, Utah PTA
            Mr. Mark Livingston, Utah Hospitality Association

MOTION:    Rep. Wiley moved to pass the bill out favorably. The motion passed unanimously, with Rep. Dougall, Rep. Litvack, and Rep. Lockhart absent for the vote.

H.B. 140    Motor Vehicle Registration Fee Amendments (Rep. C. Frank)

This bill was not heard.

MOTION:    Rep. Wiley moved to adjourn the meeting. The motion passed unanimously, with Rep. Dougall, Rep. Litvack, and Rep. Lockhart absent for the vote.

Rep. Aagard adjourned the meeting at 9:50 a.m.















                        ___________________
                        Rep. Douglas Aagard, Chair