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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 8, 2011


Members Present:    Rep. Curt Oda, Chair
            Rep. Richard Greenwood, Vice Chair
            Rep. Patrice Arent            
            Rep. David Butterfield                        
            Rep. Steve Eliason
            Rep. Keith Grover                            
            Rep. Don Ipson
            Rep. David Litvack
            Rep. Lee Perry        
            Rep. Jennifer Seelig
            Rep. Carl Wimmer
            Rep. Bill Wright

Members Absent:    Rep. Greg Hughes                        

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. Greenwood called the meeting to order at 2:05 p.m.

MOTION:    Rep. Wimmer moved to approve the minutes of the February 4, 2011 meeting. The motion passed unanimously, with Rep. Arent, Rep. Grover, Rep. Litvack, Rep. .Perry, Rep. Seelig and Rep. Wright absent for the vote.

S.C.R. 1    Crisis Intervention Team Program Concurrent Resolution (Sen. P. Jones)

Sen. Jones explained the resolution to the committee with the assistance of Ms. Sherri Wittwer, National Alliance on Mental Illness.

Spoke in favor of the bill:    Mr. Duane Cardall, citizen
                Dr. Todd Soutor, Davis Behavioral Health
                Ms. Jayce Skinner, Utah Sentencing Commission

MOTION:    Rep. Arent moved to pass the resolution with a favorable recommendation. The motion passed unanimously.

Rep. Greenwood relinquished the Chair to Rep. Oda.


H.B. 178    Dispatcher Service Amendments (Rep. R. Greenwood)

Rep. Greenwood explained the bill to the committee with the assistance of Director Scott Stephenson, Peace Officer Standards and Training.

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

1.    Page 3, Lines 79 through 81 :    

             79          (5) An applicant is considered to be of good moral character under Subsection (1)(e) if
             80      the applicant has not engaged in conduct that would be a violation of Subsection 53-6-309 (1)
             81     
{   or (2)   } .


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

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

1.    Page 5, Lines 136 through 137 :    

             136          (e) refuses to respond, or fails to respond truthfully, to questions after having been
             137      issued a warning
{   issued   } based on Garrity v. New Jersey, 385 U.S. 493 (1967); or


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

MOTION:    Rep. Ipson moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Arent absent for the vote.

H.B. 179    Peace Officer Recertification Amendments (Rep. R. Greenwood)

Rep. Greenwood explained the bill to the committee with the assistance of Director Scott Stephenson, Peace Officer Standards and Training
.
MOTION:     Rep. Perry moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Arent and Rep. Ipson absent for the vote.

Rep. Greenwood resumed the Chair.



H.B. 80    Emergency Management (Rep. C. Oda)

Rep. Oda explained the bill to the committee with the assistance of Mr. Keith Squires, Utah Department of Public Safety.

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

1.    Page 2, Lines 33 through 35 :    

             33          .    provides that political subdivisions within a region may not establish the region as a
             34      new governmental entity in the federal disaster declaration
{   hierarchy   }        process       ;

             35          .    authorizes the division to:

2.    Page 8, Line 244 through Page 9, Line 250 :    

             244          (b) The political subdivisions within a region designated in Subsection (2)(a) may not
             245      establish the region as a new government entity in the federal disaster declaration
{   hierarchy   }        process       ,

             246      which runs in the following order:
             247          (i) local governmental entities;
             248          (ii) counties;
             249          (iii) the state; and
             250          (iv) the federal government.

The motion to amend passed unanimously, with Rep. Arent, Rep. Ipson and Rep. Wimmer absent for the vote.

MOTION:    Rep. Litvack moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Ipson and Rep. Wimmer absent for the vote.

MOTION:    Rep. Grover moved to adjourn the meeting. The motion passed unanimously, with Rep. Ipson and Rep. Wimmer absent for the vote.

Rep. Greenwood adjourned the meeting at 3:25 p.m.



                        ___________________
                        Rep. Curtis Oda, Chair