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SENATE JUDICIARY, LAW ENFORCEMENT & CRIMINAL JUSTICE
STANDING COMMITTEE MEETING
Sen. Ben McAdams
Sen. Ross I. Romero
Sen. Steve H. Urquhart
Pres. Michael G. Waddoups
Sen. Todd Weiler
Members Excused: Sen. Lyle W. Hillyard
Staff Present: Nathan Brady, Policy Analyst
Karen C. Allred, Committee Secretary
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Madsen called the meeting to order at 4:31 p.m.
MOTION: Pres. Waddoups moved to approve the minutes of the February 28, 2012 meeting. The motion passed unanimously with Sen. McAdams, Sen. Urquahrt and Sen. Weiler absent for the vote.
S.B. 119 Alcoholic Beverage Control Act Sampling Amendments (Sen. R. Romero)
MOTION: Sen. Romero moved to replace S.B. 119 with 1st Sub. S.B. 119. The motion passed unanimously with Sen. McAdams, Sen. Urquhart and Sen. Weiler absent for the vote.
MOTION: Sen. Romero moved to amend 1st Sub. S.B. 119 as follows:
1. Page 20, Lines 603 through 608 :
603 (116) "Trade show" means a private event that is:
604 (a) hosted by one or more industry representatives for the purpose of sampling and
605 analyzing retail licensee samples of liquor furnished by the industry representatives in
606 accordance with Subsection 32B-4-705 (7);
607 (b) attended by the department and retail licensees;
{
and
}
608 (c) overseen by the department
{
.
}
;
(d) held in a convention center, hotel, or similar facility approved by the department;
(e) attended by at least 15 individuals; and
(f) hosted by an industry representative described in Subsection (116)(a) no more
frequently than four times during a calendar year.
2. Page 24, Line 737 through Page 25, Line 743 :
737 (d) (i) A retail licensee sample of liquor may not exceed one liter.
738 (ii) Notwithstanding Subsection (7)(d)(i), a retail licensee sample of the following may
739 not exceed
{
1.5 liters
}
one liter
unless that exact product is only commercially
packaged in a larger size,
740 not to exceed 5 liters:
741 (A) wine;
742 (B) heavy beer; or
743 (C) a flavored malt beverage.
3. Page 25, Lines 744 through 753 :
744 (e) (i) The sampling and analysis of a retail licensee sample by a retail licensee under
745 this Subsection (7) may only occur at:
746 (A) a state store
, notwithstanding Subsection 32B-2-503(7)(b)
;
747 (B) a package agency
, notwithstanding Subsection 32B-2-605(15)(b)
; or
748 (C) a trade show.
(ii) For a tasting and analysis held at a trade show, the department shall assess the one or more industry representatives hosting the trade show the actual cost of the department attending and overseeing the trade show and the industry representatives shall pay the cost assessed as a condition to conducting the tasting and analysis.
749
{
(ii)
}
(iii)
An industry representative
{
described in Subsection
(7)(e)(i)
}
may participate in the
750 tasting and analysis of a retail licensee sample.
751
{
(iii)
}
(iv)
Only an owner, manager, or other individual who purchases
an alcoholic product
752 for a retail licensee may on behalf of the retail licensee taste and analyze one or more retail
753 licensee samples.
The motion passed unanimously with Sen. McAdams, Sen. Urquhart, and Sen. Weiler absent for the vote.
Sen. Romero introduced and explained the bill.
Spoke for the bill: Michael Szczesny, Territory Manager, Young's Market
Jason Flower, Director of Operations, Watkins Restaurant Group
MOTION: Sen. Romero moved to pass 1st Sub. S.B. 119 out favorably. The motion passed unanimously.
S.B. 182 Expungement of Drug Offenses (Sen. H. Stephenson)
Sen. H. Stephenson introduced and explained the bill.
MOTION: Pres. Waddoups moved to replace S.B. 182 with 1st Sub. S.B. 182. The motion passed unanimously.
MOTION: Sen. McAdams moved to pass 1st Sub. S.B. 182 out favorably. The motion passed unanimously.
S.B. 288 Disaster Recovery Service Lien Act (Sen. S. Urquhart)
Sen. Urquhart introduced and explained the bill.
MOTION: Sen. Urquhart moved to replace S.B. 288 with 1st Sub. S.B. 288. The motion passed unanimously.
MOTION: Sen. McAdams moved to go to the next item on the agenda. The motion passed with Sen. Urquhart voting in opposition.
H.B. 326 Serious Youth Offender Amendments (Rep. P. Ray)
Rep. Ray introduced and explained the bill.
Spoke for the bill: Paul Boyden, Executive Director, Statewide Association of Prosecutors
MOTION: Sen. McAdams moved to pass H.B. 326 out favorably. The motion passed unanimously with Sen. Romero and Sen. Urquhart absent for the vote.
MOTION: Sen. McAdams moved to place H.B. 326 on the Consent Calendar. The motion passed unanimously with Sen. Romero and Sen. Urquhart absent for the vote.
1st Sub. H.B. 49 Firearms Revisions (Rep. P. Ray)
This bill was not heard.
H.B. 239 Pawnshop Record Amendments (Rep. R. Greenwood)
Rep. Greenwood introduced and explained the bill.
Sen. Madsen relinquished the Chair to Sen. Weiler
MOTION: Pres. Waddoups moved to pass H.B. 239 out favorably. The motion passed unanimously with Sen. Romero absent for the vote.
MOTION: Sen. McAdams moved to place H.B. 239 on the Consent Calendar. The motion passed unanimously with Sen. Romero absent for the vote.
1st Sub. H.B. 159 Unlawful Detention Amendments (Rep. R. Wilcox)
Rep. Wilcox introduced and explained the bill.
Spoke for the bill: Rod Layton, Director, Weber-Morgan Children's Justice Center Web
MOTION: Pres. Waddoups moved to pass 1st Sub. H.B. 159 out favorably. The motion passed unanimously with Sen. Madsen and Sen. Romero absent for the vote.
H.B. 182 Signage Honoring Fallen Highway Patrol Officers (Rep. B. Wilson)
Rep. Wilson introduced and explained the bill.
MOTION: Pres. Waddoups moved to pass H.B. 182 out favorably. The motion passed unanimously with Sen. Madsen, Sen. Romero and Sen. Urquhart absent for the vote.
1st Sub. H.B. 257 Controlled Substance Database Amendments (Rep. B. Daw)
Rep. Daw introduced and explained the bill.
MOTION: Sen. Romero moved to pass 1st Sub. H.B. 257 out favorably. The motion passed unanimously with Sen. Urquhart and Pres. Waddoups absent for the vote.
1st Sub. H.B. 107 Joint Custody Modifications (Rep. G. Froerer)
MOTION: Sen. McAdams moved to amend 1st Sub. H.B. 107 as follows:
1. Page 3, Lines 75 through 76
House Committee Amendments
2-15-2012 :
75 (3) If the court finds that one parent does not desire custody of the child,
{
[the
court] or
76
has attempted to permanently relinquish custody to a third party, it
}
76
the court
shall take that evidence into
Spoke for the amendment: Jackie de Gaston, Lawyer
The motion passed unanimously with Sen. Urquhart and Pres. Waddoups absent for the vote.
Rep. Froerer introduced and explained the bill.
Spoke for the bill: Shukri Beseiso, Information Technology Leader
Jared Parkinson, Citizen
Todd Rupper, Father
Justin Traver, Father
Najuer Beric, Grandmother
Starley Rupper, Citizen
Shawn Barrett, Father
Belki Toleman, Grandmother
C. Milton Neeley, Citizen
Spoke against the bill: Delane England, Vice President of Operations, Eagle Forum
Jackie de Gaston, Attorney
Stewart Ralphs, Executive Director, Legal Aid Society
Spoke to the bill: Cherie Rawling, Citizen
MOTION: Sen. Madsen move to pass H.B.107 out favorably. The motion passed with Sen. Romero voting in opposition and Sen. Urquhart and Pres. Waddoups absent for the vote.
Sen. Weiler relinquished the Chair to Sen. Madsen
H.B. 116 Probate Code Amendments (Rep. V. L. Snow)
Rep. Snow introduced and explained the bill.
MOTION: Sen. Weiler moved to amend H.B. 116 as follows:
1. Page 6, Lines 155 through 162 :
155 (3) The legal representation of the incapacitated person by an attorney shall terminate
156 upon the appointment of a guardian, unless:
157 (a) there are separate conservatorship proceedings pending before the court;
158 (b) the appointed guardian elects at the time to maintain the attorney's representation of
159 the incapacitated person;
160 (c) there is a timely filed appeal of the appointment of the guardian or the
161 determination of incapacity; or
162 (d)
upon an express finding of good cause,
the court orders otherwise.
2. Page 8, Lines 216 through 223 :
216 (3) The legal representation of the protected person by an attorney shall terminate upon
217 the appointment of a conservator, unless:
218 (a) there are separate guardianship proceedings pending before the court;
219 (b) the appointed conservator elects at the time to maintain the attorney's representation
220 of the protected person;
221 (c) there is a timely filed appeal of the appointment of the conservator or the
222 determination of the incapacity; or
223 (d)
upon an express finding of good cause,
the court orders otherwise.
The motion passed unanimously with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
Spoke for the bill: Michael Jensen, Attorney and Chair of the Legislative Committee for Estate Planning, Utah Bar
Spoke to the bill: Scott Hansen, Lewis Hansen Waldo Pleshe Flanders LLC
MOTION: Sen. Weiler moved to pass H.B. 116 out favorably. The motion passed unanimously with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
H.B. 99 Background Check Fee Exemption for Firearm Purchase (Rep. B. Galvez)
Rep. Galvez introduced and explained the bill.
MOTION: Sen. Weiler moved to amend H.B. 99 as follows:
1. Page 1, Lines 13 through 16 :
13 This bill:
14 . allows a law enforcement officer currently employed and in good standing to
15 purchase a firearm without paying the requisite background check fee as long as the
16 dealer verifies the officer's employment and standing with the employing agency
; and
. requires a dealer who provides a firearm to a law enforcement officer to use the NCIS system to run the background check
.
2. Page 4, Lines 105 through 108
House Committee Amendments
2-6-2012 :
105 (14)
(a)
A law enforcement officer, as defined in Section
53-13-103
, is exempt
from the
106 background check fee required in this section for the purchase of a firearm if H. [
107 with the employing agency that
107a employment by providing a letter of good standing from the officer's commanding officer and
107b current law enforcement photo identification. [
108 standing as of the date of purchase.
(b) A dealer who provides a firearm to a law enforcement officer under this
Subsection shall use the National Instant Criminal Background Check System to
run the background check required by the Brady Handgun Violence Prevention Act,
Pub. L. No. 103-159, 107 Stat. 1536 (1993).
The motion passed unanimously with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
MOTION: Sen. Weiler moved to amend H.B. 99 as follows:
1. Page 4, Lines 105 through 108
House Committee Amendments
2-6-2012 :
105 (14) A law enforcement officer, as defined in Section 53-13-103 , is exempt from the
106 background check fee required in this section for the purchase of a
personal
firearm
to be carried while off-duty
if H. [the dealer verifies
107 with the employing agency that] .H the law enforcement officer H. verifies current
107a employment by providing a letter of good standing from the officer's commanding officer and
107b current law enforcement photo identification. [
108 standing as of the date of purchase.
This Section may only be used by a law
enforcement officer to purchase a personal firearm once in a 24-month period.
The motion passed unanimously with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
MOTION: Sen. Weiler moved to pass H.B. 99 out favorably. The motion passed with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
H.B. 416 Guardian Ad Litem Office References (Rep. V. L. Snow)
Rep. Snow introduced and explained the bill.
MOTION: Sen. Weiler moved to pass H.B. 416 out favorably. The motion passed with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
MOTION: Sen. Weiler moved to place H.B. 416 on the Consent Calendar. The motion passed with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
MOTION: Sen. Weiler moved to adjourn the meeting. The motion passed unanimously, with Sen. McAdams, Sen. Urquhart and Pres. Waddoups absent for the vote.
Chair Madsen adjourned the meeting at 6:17 p.m.
Minutes reported by Karen C. Allred, Secretary.
Sen. Mark B. Madsen, Committee Chair