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House circles HB202 after debate over deputizing park personnel and classification changes

Utah House of Representatives · February 3, 1997
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Summary

Lawmakers debated and amended HB202, a catchall bill altering peace officer classifications and POST revocation procedures; concerns over deputizing park-related personnel without POST certification prompted a successful substitute motion to circle the bill for clarification.

Representative (speaker 13) sponsored a broad cleanup measure, HB202, that would revise how certain correctional and law-enforcement classifications are handled and streamline the process for revoking POST (peace officer) certification after a felony conviction. The sponsor explained amendments to move board of pardons personnel into the correctional officer classification, clarify powers of conservation and park officers, and define violations and misdemeanor classes.

During questioning Representative (speaker 14) focused on language on page 5 (lines 17–18) that appears to grant the Division of Parks and Recreation authority to deputize officers or special-function personnel on a temporary basis. The representative raised concern the provision could allow individuals without POST certification to exercise peace-officer powers, and moved to delete those two lines. The sponsor acknowledged the language came from the Division and that it might require clarification.

Members debated whether the bill as drafted would require deputized personnel to have POST certification, whether search-and-rescue or temporary deputies fit within the scope of existing statutes, and whether the drafting reflected division intent. After discussion, the House considered a substitute motion to circle the bill while staff and sponsors clarify the deputization language and related authorities. The substitute motion to circle HB202 passed and the bill was placed in the circle for further drafting and review.

Outcome and next steps: the House did not vote to adopt the final bill on the floor; instead it carried a substitute motion to circle HB202 so the bill’s language — particularly the deputization clause affecting park-related officers — can be clarified and revised before returning to the floor.