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SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE
STANDING COMMITTEE MEETING
TUESDAY, FEBRUARY 9, 2010, 3:00 PM
Members Present: Sen. Mark B. Madsen, Committee Chair
Sen. Jon J. Greiner
Sen. Lyle W. Sen. Hillyard
Sen. Benjamin M. McAdams
Sen. Michael Waddoups
Members Excused: Sen. Ross J. Romero
Staff Present: Jerry Howe, Policy Analyst
Karen Allred, Committee Secretary
Public Speakers Present: Linda Hull, Legislative Director, Utah Department of Transportation
Roger Tew, Utah League of Cities and Towns
LeGrand Bitter, Executive Director, Utah Association of Special Districts
Derek Marsan, Policy Manager, Sutherland Institute
Rick Schwermer, Assistant Court Administrator
Mary Lou Emerson, Director, Utah Substance Abuse and Anti- Violence Coordinating Council (USAAV)
Scott Reed, Office of the Attorney General, Director, USAAV
Jacey Skinner, Director, Utah Sentencing Commission
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Madsen called the meeting to order at 2:20 pm. and announced that, at the request of the sponsor, S.B. 72 would not be heard today.
1. S.B. 120 Disarming a Peace Officer Amendment (D. Hinkins)
Sen. Hinkins explained the bill and the following amendments were distributed:
1. Page 1, Line 12 :
12 . provides that taking, or attempting to take,
2. Page 1, Line 26 :
26 (a) "
3. Page 2, Lines 30 through 31 :
30 (3) who intentionally takes or removes, or attempts to take or remove[
31 electroshock weapon }
4. Page 2, Line 37 :
37 (b) Conduct under Subsection (2) regarding
MOTION: Sen. Greiner moved to adopt the amendments.
The motion passed unanimously with Sens. Hillyard and Waddoups absent for the vote.
Sen. Hinkins further clarified the bill.
MOTION: Sen. Greiner moved to transmit S.B. 120 as amended with a favorable recommendation.
The motion passed unanimously with Sen Waddoups absent for the vote.
2. 1st Sub. S.B. 81 Eminent Domain Amendments (L. Hillyard)
Sen. Hillyard introduced the bill and 2nd Sub. S.B. 81 was distributed.
MOTION: Sen. Hillyard moved to adopt 2nd Sub. S.B. 81.
The motion passed unanimously with Sen. Waddoups absent for the vote.
Sen. Hillyard explained the bill.
Linda Hull, Legislative Director, Utah Department of Transportation and Derek Marsan, Policy Manager, Sutherland Institute spoke in support of the bill.
Roger Tew, Utah League of Cities and Towns and LeGrand Bitter, Executive Director, Utah Association of Special Districts spoke to the bill.
MOTION: Sen. McAdams moved to transmit 2nd Sub. S.B. 81 with a favorable recommendation.
The motion passed unanimously.
3. S.B. 130 Judiciary Amendments (L. Hillyard)
Sen. Hillyard explained the bill.
Rick Schwermer, Assistant Court Administrator further explained the bill.
MOTION: Sen. McAdams moved to transmit S.B. 130 with a favorable recommendation.
The motion passed unanimously.
4. S.B. 141 Utah Substance Abuse and Anti-volence Coordinating Council Amendments (J. S. Adams)
The following amendments were distributed:
1. Page 19, Lines 567 through 572 :
567
568 diem, or expenses from the entity that the member represents for the member's service may
569 receive per diem and expenses incurred in the performance of the member's official duties at
570 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
571 (ii) A member who represents higher education may decline to receive per diem and
572 expenses for the member's service. }
2. Page 21, Lines 628 through 633 :
628
629 diem, or expenses from the entity that the member represents for the member's service may
630 receive per diem and expenses incurred in the performance of the member's official duties at
631 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
632 (ii) A member who represents higher education may decline to receive per diem and
633 expenses for the member's service. }
MOTION: Sen. Greiner moved to adopt the amendments.
The motion passed unanimously with Sen. Hillyard absent for the vote.
The following amendments were distributed:
1. Page 1, Line 16 :
16 Council to the Utah Substance Abuse
2. Page 2, Line 43 :
43 the direction of the Utah Substance Abuse [
3. Page 2, Line 59 through Page 3, Line 59 :
59
4. Page 3, Lines 75 through 77 :
75
76 Coordinating
77
5. Page 5, Line 128 :
128 (iii) Notwithstanding Subsections (3)(c)(i) and (ii), if the
6. Page 5, Line 131 :
131 the
7. Page 6, Line 182 :
182 (b) the
8. Page 7, Line 184 :
184 (7) By not later than December 1 of each year, the
9. Page 7, Lines 189 through 190 :
189 (c) any municipality or county that may not receive a distribution because the
190
10. Page 7, Line 196 :
196 any municipality or county that the
11. Page 7, Line 205 :
205 (a) report to the
12. Page 8, Line 214 :
214 (b) provide the
13. Page 8, Line 218 :
218 (10) (a) The
14. Page 8, Line 221 :
221 (B) the
15. Page 8, Line 227 :
227 (ii) notify the
16. Page 8, Line 229 :
229 (11) (a) Subject to the requirements of this Subsection (11), the
17. Page 8, Line 231 :
231 (i) as prioritized by majority vote of the
18. Page 8, Line 239 :
239 (b) By not later than May 30 of the fiscal year of the appropriation, the
coordinating
}
advisory
19. Page
15, Line 436
:
436
Anti-Violence]
Coordinating
}
Advisory
Council by no later than October 1
following a fiscal year on the
20. Page
15, Line 459
:
459
(k) the chair of the Utah Substance Abuse [and Anti-Violence]
Coordinating
}
Advisory
Council;
21. Page
16, Line 484
:
484
Anti-Violence]
Coordinating
}
Advisory
Council[,] created in this section.
22. Page
16, Line 486
:
486
Anti-Violence]
Coordinating
}
Advisory
Council.
23. Page
18, Line 538
:
538
(1) The Utah Substance Abuse [and Anti-Violence]
Coordinating
}
Advisory
Council shall
24. Page
19, Line 577
:
577
(1) The Utah Substance Abuse [and Anti-Violence]
Coordinating
}
Advisory
Council shall:
25. Page
21, Line 637
:
637
(a) "Council" means the Utah Substance Abuse [and Anti-Violence]
Coordinating
}
Advisory
MOTION: Sen. Greiner moved to adopt the amendments.
The motion passed unanimously with Sen. Hillyard absent for the vote.
Mary Lou Emerson, Director, Utah Substance Abuse and Anti-Violence Coordinating
Council and Scott Reed, Office of the Attorney General, Utah Substance Abuse and Anti-
Violence Coordinating Council spoke in support of the bill.
MOTION: Sen. Greiner moved to transmit S.B. 141 as amended with a favorable
recommendation.
The motion passed unanimously with Sen. Hillyard absent for the vote.
5. S.B. 40 Juvenile Detention Amendments (J. Greiner)
Sen. Greiner presented the bill and the following amendment was distributed:
1. Page
2, Lines 32 through 38
:
32
(2) (a) Children charged by information or indictment with crimes as a serious youth
33
offender under Section
78A-6-702
, and bound over to the jurisdiction of the district court,
or
34
certified to stand trial as an adult pursuant to Section
78A-6-703
may]
shall be detained in a
35
jail or other place of detention used for adults. Children charged by information or
indictment
36
with crimes under Section
78A-6-701
, except for offenses committed in a secure facility
as
37
described in Subsection
78A-6-701
(1)(b), shall be detained in a jail or other place of
detention
38
used for adults.
MOTION: Sen. Greiner moved to adopt the amendment.
The motion passed unanimously with Sen. Hillyard absent for the vote.
Jacey Skinner, Director, Utah Sentencing Commission clarified the bill.
MOTION: Sen. Greiner moved to transmit S.B. 40 as amended with a favorable
recommendation.
The motion passed unanimously with Sen. Hillyard absent for the vote.
MOTION: Sen. Greiner moved to adjourn.
The motion passed unanimously with Sen. Hillyard absent for the vote.
Sen. Madsen adjourned the meeting at 4:28 p.m.