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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
March 2, 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
            
Members Absent:    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. Aagard called the meeting to order at 8:07 a.m.

MOTION:    Rep. Wiley moved to approve the minutes of the February 26, 2009 meeting. The motion passed unanimously, with Rep. Ferry, Rep. Litvack, and Rep. Seelig absent for the vote.

H.B. 357    Firearms Amendments (Rep. S. Sandstrom)

Rep. Sandstrom reviewed the bill which was previously presented in the February 26, 2008 meeting with the assistance of Mr. Brian Judy, National Rifle Association.

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

H.B. 372    Insurance Provisions Regarding Offenders (Rep. P. Ray)

Rep. Ray reviewed the bill which was previously presented in the February 26, 2009 meeting.

Spoke against the bill:    Mr. Kelly Atkinson, Utah Health Insurance Association
                
Spoke for the bill:        Mr. Ron Mortenson, citizen


Rep. Aagard relinquished the chair to Rep. Oda.

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

SUBSTITUTE
MOTION:    Rep. Wiley moved to send the bill to the Rules Committee with a recommendation for interim study. The motion failed, with Rep. Beck, Rep. Oda, and Rep. Wiley voting in favor. Rep. Aagard, Rep. Dougall, Rep. Ferry, and Rep.Litvack were absent for the vote.

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

H.B. 95    Restrictions on Use of Wireless Communication Devices in Vehicles (Rep. P. Riesen)

Rep. Riesen presented the bill to the committee.

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

1.    Page 2, Lines 36 through 41 :    

             36          (ii) "Wireless communication device" includes a:
             37          (A) wireless telephone;
             38          
{   (B) two-way radio;

             39          (C)   }
  (B)       personal digital assistant;

             40          
{   (D)   }        (C)       pager; or

             41          
{   (E)   }        (D)       text messaging device.


2.    Page 2, Lines 44 through 45 :    

             44          (b) Use of a wireless communication device under Subsection (2)(a) includes use of the
             45      wireless communication device for text messaging
  or electronic mail       communication.


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

Spoke for the bill:        Dr. Tom Metcalf, Utah Pediatric Society
                Ms. Linda Mulkey, citizen

Spoke against the bill:    Ms. Delayne England, Eagle Forum

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

SUBSTITUTE
MOTION:    Rep. Ray moved to amend the bill as follows:

1.    Page 2, Line 36 :    

             36          (ii) "Wireless communication device"
{   includes   }        is limited to       a:


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

MOTION:    Rep. Wiley moved to pass the bill out favorably. The motion passed, with Rep. Lockhart, Rep. Oda, and Rep. Ray voting in opposition. Rep. Aagard, Rep. Dougall, and Rep. Ferry were absent for the vote.

H.B. 384    Public Lewdness Amendments (Rep. D. Ipson)

Rep. Ipson presented the bill to the committee.

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

S.B. 39    Immigration Amendments (Sen. S. Jenkins)

Sen. Jenkins presented the bill to the committee.

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

5, Lines 144 through 145
    

             144          (5) An agency or political subdivision shall verify a certification required under
             145      Subsection (4)
  (b)       through the Systematic Alien Verification for Entitlements Program, hereafter


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

Spoke for the bill:    Mr. Dave Davis, Utah Retail Merchants

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

S.B. 118    Parental Responsibility for Juvenile Criminal Gang Offense Costs (Sen. J. Greiner)

Sen. Greiner presented the bill to the committee.

Spoke for the bill:    Ms. Marilyn Larsen, Utah PTA

MOTION:    Rep. Greenwood moved to pass the bill out favorably. The motion passed, with Rep. Dougall and Rep. Litvack voting in opposition.

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

Rep. Oda adjourned the meeting at 9:30 a.m.









                        ___________________
                        Rep. Douglas Aagard, Chair