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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 20, 2009



Members Present:    Rep. Douglas Aagard, Chair
            Rep. Curt Oda, Vice Chair
            Rep. Trisha Beck                        
            Rep. Richard Greenwood
            Rep. David Litvak            
            Rep. Jennifer Seelig
            Rep. Larry Wiley
            Rep. Carl Wimmer

Members absent:    Rep. John Dougall
            Rep. Ben Ferry
            Rep. Becky Lockhart
            Rep. Paul Ray

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. Aagard called the meeting to order at 2:10 p.m.

MOTION:    Rep. Wiley moved to approve the minutes of the February 18, 2009 meeting. The motion passed unanimously, with Rep. Litvack, Rep. Oda, and Rep. Seelig absent for the vote.

H.B. 316    Time Limitation for Prosecution of Environmental Crimes (Rep. C. Wimmer)

Rep. Wimmer presented the bill to the committee with the assistance of Richard Hamp, Office of the Attorney General.

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

H.B. 290    Prohibition of Wireless Communication Device Use in a Motor Vehicle (Rep. S. Clark)

MOTION:    Rep. Greenwood moved to adopt 1st Substitute H.B. 290. The motion passed unanimously, with Rep. Litvack and Rep. Oda absent for the vote.


Rep. Clark presented the bill to the committee.

Spoke for the bill:    Ms. Terryl Warner, Cache County Attorney's Office (handout)
            Ms. Hernandez, student, Timpview High School
            Mr. Reggie Shaw, citizen, Tremonton, Utah

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

H.B. 325    Opting Out of the Real Id Act (Rep. S. Sandstrom)

Rep. Sandstrom presented the bill to the committee, using a power point presentation.

Rep. Aagard relinquished the chair to Rep. Oda.

Spoke for the bill:    Ms. Barbara Sweda, American Civil Liberties Union
            Ms. Delayne England, Eagle Forum

MOTON:    Rep. Wimmer moved to pass the bill out favorably. The motion passed, with Rep. Litvack voting in opposition. Rep. Aagard was absent for the vote.

H.B. 110    Financial Transaction Card Offenses (Rep. Julie Fisher)

Rep. Fisher presented the bill to the committee with the assistance of Mr. Richard Hamp, Office of the Attorney General.

MOTION:    Rep. Greenwood moved to adopt 1st Substitute H.B. 110. The motion passed unanimously, with Rep. Aagard and Rep. Litvack absent for the vote.

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

MOTION:    Rep. Wiley moved to place H.B. 110 on the Consent Calendar. The motion passed unanimously, with Rep. Aagard and Rep. Seelig absent for the vote.

H.B. 248    Regulating the Use of a Wireless Communication Device While Operating a Motor Vehicle (Rep. C. Moss)

Rep. Moss presented the bill to the committee. (handout)


MOTION:    Rep. Beck moved to adopt 1st Substitute H.B. 248. The motion passed unanimously, with Rep. Aagard and Rep. Seelig absent for the vote.

Spoke to the bill:    Ms. Shannon Halverson, Office of Legislative Research and General Counsel

Spoke for the bill:    Dr. William McDonald, Intermountain Pediatric Society
            Ms. Rolayne Fairclough, American Automobile Association

MOTION:    Due to loss of a quorum, Rep. Litvack moved to adjourn the meeting with a request that H.B. 248 be placed on the agenda of the next meeting. The motion passed with, Rep. Oda and Rep. Wiley voting in opposition. Rep. Aagard, Rep. Greenwood, and Rep. Wimmer were absent for the vote.

S.J.R. 9    Resolution Honoring the Utah Law Enforcement Memorial Foundation (Sen. J. Greiner)

This bill was not heard.

H.B. 276    Custodial Interference Amendments (Rep. C. Wimmer)

This bill was not heard.

Rep. Oda adjourned the meeting at 3:50 p.m.









                        ___________________
                        Rep. Douglas Aagard, Chair