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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 24, 2011



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

Members Absent:    Rep. Keith Grover            

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. Arent moved to approve the minutes of the February 22, 2011 meeting. The motion passed unanimously, with Rep. Hughes, Rep. Litvack and Rep. Wright absent for the vote.

H.B. 129    Firearms Modifications (Rep. C. Wimmer)

Rep. Wimmer explained the bill to the committee.

Spoke to the bill:        Ms. Alice Moffat, Bureau Chief, Bureau of Criminal Identification

Spoke against the bill:    Mr. Steve Gunn, Gun Violence Prevention Center
                Mr. Ron Gordon, Commission on Crime and Juvenile Justice

Spoke in favor of the bill:    Mr. Charles Hardy, Gun Owners for Utah
                Ms. Crystal Perry, Utah Shooting Sports Council


MOTION:    Rep. Perry moved to hold the bill in committee and move on to the next item on the agenda.

SUBSTITUTE
MOTION:    Rep. Litvack moved to table H.B. 129. The motion failed with, Rep. Arent,
     Rep. Ipson, Rep. Litvack and Rep. Seelig voting in favor. Rep. Greenwood,
Rep. Hughes and Rep. Wright were absent for the vote.

The original motion to hold the bill and move on to the next item on the agenda passed unanimously, with Rep. Greenwood, Rep. Hughes and Rep. Wright absent for the vote.

Rep. Oda relinquished the chair to Rep. Greenwood.

H.B. 411    Approaching Stationary Emergency Vehicle Amendments (Rep. D. Ipson)

Rep. Ipson explained the bill to the committee.

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

1.    Page 2, Lines 56 through 57 :    

             56      violation of this section shall attend a four hour live classroom course on defensive driving
{   that

             57      is approved by the National Safety Council  
}
.

The motion to amend passed unanimously, with Rep. Hughes, Rep. Oda, Rep. Wimmer and Rep. Wright absent for the vote.

Rep. Perry moved to amend the bill as follows:

1.    Page 1, Line 14 :    

             14      law to attend a live four hour classroom course
  or a court traffic school program       on defensive driving within      {   60   }        90       days


2.    Page 1, Lines 16 through 17 :    

             16          
{   .    requires the Utah Safety Council to notify the Driver License Division whether an

             17      individual has attended the course;  
}


3.    Page 2, Line 56 :    



             56      violation of this section shall attend a four hour live classroom course
  on driving safety offered by an entity affiliated with the National Safety Council or a court approved traffic school program       on defensive driving that


The motion to amend passed unanimously, with Rep. Hughes, Rep. Oda, Rep. Wimmer and Rep. Wright absent for the vote.

MOTION:    Rep. Arent moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Hughes, Rep. Oda, Rep. Perry, Rep. Wimmer and Rep. Wright absent for the vote.

MOTION:    Rep. Arent moved to place H.B. 411 on the Consent Calendar. The motion passed unanimously, with Rep. Hughes, Rep. Oda, Rep. Perry, Rep. Wimmer and Rep. Wright absent for the vote.

1st Sub. H.B. 169    Firearm Laws Modifications (Rep. J. Seelig)

Rep. Seelig explained the bill to the committee.

Spoke to the bill:    Mr. Dan Deuel, Weber County 9/12 Project

MOTION:    Rep. Arent moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Hughes, Rep. Oda, Rep. Wimmer and Rep. Wright absent for the vote.

MOTION:    Rep. Arent moved to place 1st Substitute H.B. 169 on the Consent Calendar. The motion passed unanimously, with Rep. Hughes, Rep. Oda, Rep. Wimmer and Rep. Wright absent for the vote.

H.B. 95    Amendments to Traffic Code Provisions (Rep. L. Perry)

Rep. Perry explained the bill to the committee.

MOTION:    Rep. Perry moved to adopt 2nd Substitute H.B. 95. The motion passed unanimously, with Rep. Hughes, Rep. Oda, Rep. Wimmer and Rep. Wright absent for the vote.

Spoke against the bill:    Mr. Dan Deuel, Weber County 9/12 Project




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

1.    Page 2, Line 38 :    

             38          (iv) being distracted through fatigue
{   or illness   } .


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

MOTION:    Rep. Ipson moved to pass the bill with a favorable recommendation. The motion passed, with Rep. Butterfield and Rep. Wright voting in opposition. Rep. Hughes and Rep. Wimmer were absent for the vote.

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

Rep. Greenwood adjourned the meeting at 9:35 a.m.













                        ___________________
                        Rep. Curtis Oda, Chair