72nd Legislative Session -- 1997
Committee: House Judiciary
Monday, March 3, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Hunt, Chair
P
Hagg, Vice-Chair
P
Brosz
P
Brown (Jarvis)
P
de Hueck
P
Duniphan
P
Fitzgerald
P
Matthews
P
Rost
P
Collier
P
Gleason
P
Moore
P
Volesky
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Hunt.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 27, 1997.
Moved by:
Representative Duniphan
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 28, 1997.
Moved by:
Representative Fitzgerald
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
SB 44:
to regulate and prohibit certain telephone merchandising practices and to
provide a penalty.
Proponents:
Jim Burg, Public Utiltities Commission
Leni Hook, Public Utilities Commission
Harry christianson, AT&T
Mark Barnett, Attorney General
Opponents:
None
Presented by:
Jim Burg, Utilities Commission
MOTION:
SUBSTITUTE MOTION AMEND SB 44
r-44d
On page
6 of the Senate Judiciary committee engrossed bill
,
between lines
1
and
2
,
insert:
"
Section 9. Notwithstanding the provisions of section 8 of this Act, no person may change the
designated telecommunications company as defined in
§
49-31-1(9) which is providing service to
a consumer without the written confirmation of that consumer. It is a violation of this Act for any
person to make such an unauthorized change.
"
Moved by:
Representative Matthews
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 44 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Collier, Gleason, Moore, Volesky
Excused:
Hagg
SB 42:
to revise certain provisions regarding officers and employees of the state
entering into contracts with the state.
Proponents:
Mark Barnett, Attorney General
Jeff Fox, Office of the Governor
Doug Derkin, Bureau of Personnel
Jeff Hallem, Attorney General's Office
Opponents:
None
Presented by:
Mak Barnett, Attorney General
MOTION:
AMEND SB 42
r-42g
On page
4
,
delete lines
4
to
24
, inclusive
,
and insert:
"
Section 8. No state officer or employee who approves, awards or administers a contract with the
state, involving the expenditure of public funds or the sale or lease of state property, may have an
interest in a contract which is within the scope of the officer's or employee's official duties. This
prohibition includes officers or employees who, in their official capacity, recommend the approval
or award of the contract or who supervise a person who approves, awards or administers the contract.
This prohibition does not include officers who serve without compensation or who may be paid per
diem pursuant to
§
4-7-10.4. Any contract made in violation of this section is void. Any officer or
employee who knowingly violates this section is guilty of a Class 2 misdemeanor.
"
Delete pages
5
to
7
, inclusive
.
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 42 AS AMENDED
Moved by:
Representative Matthews
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost,
Volesky
Voting no:
Collier, Gleason, Moore
Excused:
de Hueck
SB 171:
to revise certain provisions regarding how long certain unsubstantiated
reports of child abuse and neglect may be maintained.
Proponents:
Senator Olson
Judy Hines, Child Protection Services
Opponents:
None
Presented by:
Senator Olson
MOTION:
DO PASS SB 171
Moved by:
Representative Moore
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Collier,
Gleason, Moore
Excused:
de Hueck, Volesky
SB 268:
to revise certain provisions regarding the civil liability of drug dealers.
Proponents:
Jeff Fox, Office of the Governor
Opponents:
None
Presented by:
Jeff Fox, Office of the Governor
MOTION:
DO PASS SB 268
Moved by:
Representative Duniphan
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost,
Gleason, Moore, Volesky
Voting no:
Collier
Excused:
de Hueck
SB 93:
to grant full faith and credit to certain out-of-state and tribal protection
orders.
Proponents:
Mike Buenger, United Judicial System
Opponents:
Jeff Fox, Office of the Governor
Presented by:
Mike Buenger, United Judicial System
MOTION:
DO PASS SB 93
Moved by:
Representative Collier
Second by:
Representative Rost
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 93 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Rost
Second by:
Representative Hagg
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Hunt, Hagg, Brosz, de Hueck, Duniphan, Rost
Voting no:
Brown (Jarvis), Fitzgerald, Matthews, Collier, Gleason, Moore, Volesky
MOTION:
DO PASS SB 93
Moved by:
Representative Collier
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Jarvis), Fitzgerald, Matthews, Collier, Gleason, Moore, Volesky
Voting no:
Hunt, Hagg, Brosz, de Hueck, Duniphan, Rost
SB 15:
to provide a safety zone for child victims of sex crimes.
Proponents:
Representative Hagg
MOTION:
DEFER SB 15 UNTIL later in meeting.
Moved by:
Representative Hagg
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
SB 102:
to provide for interstate joint power agreements for the exercise of police
powers.
Proponents:
Representative Chicoine
Senator Albers
Jeff Hallem, Attorney General's Office
Jeff Fox, Office of the Governor
Charlie McGuigan, Attorney General's Office
Opponents:
None
Presented by:
Senator Albers
MOTION:
AMEND SB 102
r-102n
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:
Any two or more public agencies with law enforcement powers may enter into reciprocal
interstate agreements to allow their respective certified law enforcement officers to cross state lines
to provide assistance to the requesting agency.
Section
2.
That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:
Any certified law enforcement officer acting under a reciprocal interstate law enforcement
agreement shall be treated as a law enforcement officer of the requesting agency for liability
purposes while in its jurisdiction and shall have the same authority as any other certified law
enforcement officer of the requesting agency. A certified law enforcement officer is any employee
of the public agency who is certified as a law enforcement officer under its state laws and is
responsible for the prevention and detection of crime and the enforcement of criminal or traffic laws
in their respective jurisdictions.
Section
3.
That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:
In addition to the other requirements in chapter 1-24, the parties to an interstate law
enforcement agreement shall agree to the following:
(1) That all law enforcement officers subject to the agreement shall be trained and certified
as law enforcement officers in accordance with the laws of the state where such officers
are employed, and if so trained and certified shall have the authority to act as a law
enforcement officer within the jurisdiction of the requesting agency while responding to
the request; and
(2) Any law enforcement officer responding to a request shall be treated as a law enforcement
officer of the requesting agency for liability purposes while in its jurisdiction, and the
requesting agency shall obtain and maintain liability coverage for those certified law
enforcement officers responding to requests.
Section
4.
That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:
All reciprocal interstate law enforcement agreements must be approved by the Governor.
"
Moved by:
Representative Duniphan
Second by:
Representative Brown (Jarvis)
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF SB 102
r-102t
On page
1
,
line
1 of the printed bill
,
delete "
revise certain provisions regarding street gang
activity.
"
and insert "
provide for interstate joint power agreements for the exercise of police powers.
"
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 102 AS AMENDED
Moved by:
Representative Hagg
Second by:
Representative Brosz
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Collier,
Gleason, Moore, Volesky
Excused:
de Hueck
SB 15:
to provide a safety zone for child victims of sex crimes.
Proponents:
Representative Hagg
Jeff Fox, Office of the Governor
Opponents:
None
Presented by:
Representative Hagg
MOTION:
AMEND SB 15
r-15b
On the Senate Judiciary committee engrossed bill,
delete everything after the enacting clause and
insert:
"
Section
5.
The court, upon the conviction of any person of a violation of the provisions of
chapter 22-22 in which the victim was a child or upon an adjudication of a juvenile as a delinquent
child for a violation of the provisions of chapter 22-22 in which the victim was a child, may, as a part
of the sentence or adjudication, order that the defendant or delinquent child not:
(1) Reside within one mile of the victim's residence unless the person is residing in a juvenile
detention facility, jail, or state corrections facility;
(2) Knowingly or willfully come within one thousand feet of the victim;
(3) Attend the same school as the victim; or
(4) Have any contact with the victim, whether direct or indirect or through a third party.
This section does not apply once the victim attains the age of majority. A violation of this section
is a Class 6 felony.
"
Moved by:
Representative Hagg
Second by:
Representative Collier
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Collier,
Gleason, Moore, Volesky
Excused:
de Hueck
MOTION:
TO AMEND TITLE OF SB 15
r-15t
On page
1
,
line
1 of the Senate Judiciary committee engrossed bill
,
delete everything after "
to
"
and insert "
provide a safety zone for child victims of sex crimes.
"
.
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 15 AS AMENDED
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Brosz
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Collier,
Gleason, Moore, Volesky
Excused:
de Hueck
Gavel passed Representative Hagg.
SB 100:
to permit all but one petitioner to waive personal appearance at a hearing
for termination of parental rights.
Proponents:
Representative Hunt
Opponents:
None
Presented by:
Representative Hunt
MOTION:
AMEND SB 100
r-100g
On page
1 of the Senate Judiciary committee engrossed bill
,
delete lines
5
to
7
, inclusive
,
and
insert:
"
25-5A-14.
The personal presence of
the petitioner or petitioners at the hearing shall be
jurisdictional; provided however, that all persons whose consent is necessary, except the mother,
may appear by a person
one parent at the hearing is required for jurisdictional purposes. However,
any other person whose consent is necessary, may appear by
filing with the court a power of
attorney.
"
On page
1
,
line
8
,
delete "
the mother has abandoned the child for six months, the presence of
the
"
.
On page
1
,
delete line
9
.
Moved by:
Representative Hunt
Second by:
Representative Volesky
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 100 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Collier,
Gleason, Moore, Volesky
Excused:
de Hueck
MOTION:
PLACE SB 100 ON CONSENT
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Volesky
Action:
Failed by voice vote.
Gavel to Representative Hunt.
MOTION:
ADJOURN
Moved by:
Representative Gleason
Second by:
Representative Moore
Action:
Prevailed by voice vote.
Brooke Pike
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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