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SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE
STANDING COMMITTEE MEETING
TUESDAY, JANUARY 25, 2011, 2:00 PM
Members Present: Sen. Mark Madsen, Committee Chair
Sen. Lyle Hillyard
Sen. Steve Urquhart
Sen. Michael Waddoups
Sen. Ben McAdams
Sen. Ross Romero
Staff Present: Jerry Howe, Policy Analyst
Kathy Helgesen, Committee Secretary
Public Speakers Present: Shannon Halversen, Associate General Counsel, Office of
Legislative Research General Counsel
Cara Tangaro, defense attorney
Rob Latham, Government Affairs Director, Utah Association of Criminal Defense Lawyers
Jayce Skinner, Director, Utah Sentencing Commission
Stewart Ralphs, EDI Legal Aid Society
Todd Stone, American Parental Action League
Patty Butts, Counselor/Author
Clark Aposhian, Chair, Utah Shooting Sports Council
John Sindt, Constable, Constable Association
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Madsen called the meeting to order at 2:22 p.m.
1. SB0028 - Alcohol or Drug Related Offense Amendments (S. Jenkins)
Sen. Jenkins and Ms. Halvorsen presented the bill.
MOTION: Sen. Hillyard moved to amend the bill as follows:
1. Page 20, Lines 599 through 605
599 (a) for a person 19 years of age or older but under 21 years of age on the date of arrest:
600 (i) deny the person's license [
601
until the person complies with the provisions
of Subsection (11)(b)(i) but for a period of not less than six months beginning on the 30th day after the date
602 of arrest for a first offense under Subsection (2)(a) committed on or after July 1, 2009;
603 [
the person complies with the
provisions of Subsection (11)(b)(i) and until
the person is 21 years of age or for a
period
604 of two years, whichever is longer, beginning on the 30th day after the date of arrest for a
605 second or subsequent offense under Subsection (2)(a):
2. Page 20, Lines 608 through 610
608 [
609
until the person
complies with the provisions of Subsection (11)(b)(i) but
for a period of
not less
than
six months
610 if:
3. Page 20, Lines 614 through 615
614 [
the
person complies with the provisions of Subsection (11)(b)(i) and until
the person
615 is 21 years of age or for a period of two years, whichever is longer, if:
4. Page 21, Lines 629 through 634
629 (b) for a person under 19 years of age on the date of arrest:
630 (i) deny the person's license
until the person complies with the provisions of
Subsection (11)(b)(i) but
for a period of
{
two years
}
not less than one year
beginning on the 30th day after
631 the date of arrest for a first offense under Subsection (2)(a) committed on or after July 1, 2009;
632 (ii) suspend the person's license
until the person complies with the provisions of
Subsection (11)(b)(i) and
until the person is 21 years of age or for a period of
633 two years, whichever is longer, beginning on the 30th day after the date of arrest for a second
634 or subsequent offense under Subsection (2)(a):
5. Page 21, Lines 637 through 638
637 (iii) deny the person's application for a license or learner's permit
until the person
complies with the provisions of Subsection (11)(b)(i) but
for a period of
{
two
638 years }
not less than one year
if:
6. Page 21, Lines 642 through 643
6. Page 21, Lines 642 through 643
642 (iv) deny the person's application for a license or learner's permit until the person
complies with the provisions of Subsection (11)(b)(i) and until the person
is 21
643 years of age or for a period of two years, whichever is longer, if:
The motion passed unanimously with Sen. Urquhart absent for the vote.
Sen. Jenkins and Ms. Halvorsen presented the bill as amended.
Mr. Carver and Ms. Skinner spoke in favor of the bill.
Ms. Tangaro and Mr. Latham spoke to the bill.
MOTION: Sen. Waddoups moved to pass S.B. 28, as amended, out of committee with a favorable recommendation.
The motion passed unanimously, with Sen. McAdams absent for the vote.
2. SB0034 - Uniform Interstate Family Support Act (L. Hillyard)
Sen. Hillyard presented the bill.
MOTION: Sen. Romero moved to amend the bill as follows:
1. Page 6, Lines 169 through 173
169 [
{
of
}
or
170 comparable pleading for support or to determine parentage of a child is filed or to which a
171 [
172
173 foreign country.
The motion passed unanimously, with Sen. Waddoups absent for the vote.
Mr. Ralphs and Ms. Butts spoke in favor of the bill.
Mr. Stone spoke against the bill.
MOTION: Sen. McAdams moved to pass S.B. 34, as amended, out of committee with a favorable recommendation.
The motion passed unanimously, with Sen. Waddoups absent for the vote.
3. SB0036 - Concealed Firearm Act Amendments (J. Valentine)
Sen. Valentine presented the bill.
MOTION: Sen. Romero moved to recommend that S.B. 36, Concealed Firearm Act Amendments, be deleted in title and body and be replaced with 1st Substitute S.B. 36, Concealed Firearm Act Amendments
The motion passed unanimously, with Sen. Waddoups absent for the vote.
Mr. Aposhian spoke in favor of the bill.
MOTION: Sen. Urquhart moved to pass 1st Sub. S.B. 36 out of committee with a favorable recommendation.
The motion passed unanimously, with Sen. Waddoups absent for the vote.
4. SB0094 - Uniform Requirements for Constables (K. Mayne)
Sen. Mayne presented the bill.
MOTION: Sen. Hillyard moved to recommend that S.B. 94, Uniform Requirements for Constables, be deleted in title and body and be replaced with First Substitute S.B. 94, Requirements for Constables.
The motion passed unanimously, with Sen. Waddoups absent for the vote.
Mr. Sindt and Mr. Carver spoke in favor of the bill.
MOTION: Sen. Romero moved to pass 1st Substitute S.B. 94 out of committee with a favorable recommendation.
The motion passed unanimously, with Sen. Waddoups absent for the vote.
MOTION: Sen. Hillyard moved to adjourn.
The motion passed unanimously.
The meeting adjourned at 3:50 p.m.
Minutes reported by Kathy Helgesen, Committee Secretary