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MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
ROOM W010, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
February 9, 2007



MEMBERS PRESENT:    Rep. Glenn Donnelson, Chair
        Rep. John Mathis, Vice Chair
        Rep. Douglas Aagard
        Rep. DeMar "Bud" Bowman
        Rep. Lorie Fowlke
        Rep. Keith Grover
        Rep. Neil Hansen
        Rep. Neal B. Hendrickson
        Rep. Eric Hutchings
        Rep. Curt Oda
        Rep. Larry Wiley                    

STAFF PRESENT:    Benjamin N. Christensen, Policy Analyst
        Karen Mitchell, Committee Secretary

Note:    A list of visitors and copy of handouts are filed with committee minutes.

Rep. Donnelson called the meeting to order at 3:04 p.m.

MOTION:    Rep. Aagard moved to approve the minutes of the Febraury 7, 2007 meeting.
The motion passed unanimously with Rep. Fowlke, Rep. Grover, Rep. Hendrickson, Rep. Hutchings and Rep. Oda absent for the vote.

H.B. 426    Change to Department of Veterans' Affairs (Rep. G. Hughes)

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


1.    Page 25, Lines 763 through 768 :    

             763          71-9-1. Contract to provide assistance to veterans and their widows and children.
             764          The
{   adjutant general of the National Guard through the   } [Division] Department of

             765      Veterans' Affairs is authorized to contract with the American Legion, the Disabled American
             766      Veterans, and the Veterans of Foreign Wars of the United States, as organized in this state, to
             767      provide, especially in the outlying areas of the state, assistance to veterans, their widows, and
             768      children as follows:


The motion to amend the bill passed unanimously with Rep. Fowlke, Rep. Grover, Rep. Hendrickson, Rep. Hutchings and Rep. Oda absent for the vote.

Rep. Hughes explained the bill to the committee.

Spoke for the bill:    Terry Schow, Director Division Veteran Affairs
            Bill Christoffersen, American Legion
            Johnnie Janes, State Veterans Advisory Board
            Col. Scott Olsen, Utah National Guard

MOTION:    Rep. Oda moved to pass the bill out favorably. The motion passed unanimously with Rep. Fowlke, Rep. Grover and Rep. Hutchings absent for the vote.

MOTION:    Rep. Hendrickson moved to place the bill on the consent calendar. The motion passed unanimously with Rep. Bowman, Rep. Hutchings and Rep. Mathis absent for the vote.

H.B. 395    Waivers of Immunity - Exceptions (Rep. G. Hughes)

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


1.    Page 2, Lines 48 through 55 :    

             48          (c) intentionally or knowingly:
             49          (i) fabricated evidence;
  or      

             50          (ii) with a conscious disregard for the rights of others, failed to disclose
{   exculpatory   }

             51      evidence that:
             52          (A) was known to the person, official, or institution; and
             53          (B) was known by the person, official, or institution to be relevant to an issue or matter
             54      of inquiry in a judicial or administrative proceeding
{   ; or

             55          (iii) obtained testimony by duress or undue influence  
}
.

2.    Page 4, Lines 98 through 105 :    

             98          (v) the employee intentionally or knowingly:
             99          (A) fabricated evidence;
  or      

             100          (B) with a conscious disregard for the rights of others, failed to disclose
{   exculpatory   }

             101      evidence that:


             102          (I) was known to the employee; and
             103          (II) was known by the employee to be relevant to an issue or matter of inquiry in a
             104      judicial or administrative proceeding
{   ; or

             105          (C) obtained testimony by duress or undue influence  
}
.

The motion to amend the bill passed unanimously with Rep. Bowman, Rep. Fowlke, Rep. Grover,
Rep. Hutchings and Rep. Mathis absent for the vote.

Rep. Hughes explained the bill to the committee.

Spoke to the bill:    Roger Livingston, Director Division of Risk Management

Spoke for the bill:    Robert Alsop, Attorney
            Joyce Kinmont, Utah Families (handout)
            Duane Betournay, Deputy Director DCFS
            
Paul Mero, Southerland Institute

Spoke against the bill:    David Gessel, Utah Hospital Assn.

MOTION:    Rep. Oda moved to pass the bill out favorably. The motion passed unanimously with Rep. Bowman absent for the vote.                          

S.B. 133    Local School Board Public Hearing Requirements (Sen. P. Jones)

Sen. Jones explained the bill to the committee.

Spoke for the bill:    Bruce Parker, citizen
            Jann McConkie, citizen

MOTION:    Rep. Wiley moved to pass the bill out favorably. The motion passed unanimously with Rep. Bowman and Rep. Hutchings absent for the vote.

MOTION:    Rep. Hansen moved to place the bill on the consent calendar. The motion passed unanimously with Rep. Bowman and Rep. Hutchings absent for the vote.

H.B. 348    County Government Reform (Rep. M. Brown)

MOTION:    Rep. Oda moved to delete in title and body H.B.348 and replace it with 1st Sub. H.B. 348. the motion passed unanimously with Rep. Bowman and Rep. Hutchings absent for the vote.

Rep. Brown explained the substitute bill to the committee.


MOTION:    Rep. Hansen moved to pass the bill out favorably. The motion passed with Rep. Bowman and Rep. Rep. Hutchings absent for the vote.

H.B. 341    Attorney General Crime Violence Prevention Special Revenue Fund (Rep. P. Neuenschwander)

Rep. Neuenschwander explained the bill to the committee. (handout)

Spoke to the bill:    Paul Murphy, Attorney Generals Office

MOTION:    Rep. Oda moved to pass the bill out favorably. The motion passed unanimously with Rep. Bowman and Rep. Hutchings absent for the vote.

S.C.R. 5    Resolution Opposing Divine Strake (Sen. G. Davis)


Sen. Davis explained S.C.R. 5 to the committee.

MOTION:    Rep. Hansen moved to pass the resolution out favorably. The motion passed unanimously with Rep. Bowman and Rep. Hutchings absent for the vote.

MOTION:    Rep. Oda moved to place the resolution on the consent calendar. The motion passed with Rep. Bowman and Rep. Hutchings absent for the vote.

MOTION:    Rep. Hendrickson moved to adjourn. The motion passed unanimously with Rep. Bowman and Rep. Hutchings absent for the vote.

Rep. Donnelson adjourned the meeting at 5:00 p.m.

    





                    __________________________
                    Rep. Glenn Donnelson, Chair