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MINUTES OF THE

HOUSE POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room W125, West Office Building, State Capitol Complex

Monday, February 5, 2007



MEMBERS PRESENT:    Rep. Fred R Hunsaker, Chair
                Rep. Scott L Wyatt, Vice Chair
                Rep. Sheryl L. Allen            
            Rep. D. Gregg Buxton
            Rep. James A. Dunnigan
            Rep. Gage Froerer
            Rep. Kerry W. Gibson
            Rep. Jennifer M. Seelig                        
            Rep. LaWanna Lou Shurtliff
                        
MEMBERS ABSENT:     Rep. Ralph Becker
            Rep. Stephen H. Urquhart

STAFF PRESENT:        Joseph Wade, Policy Analyst
            Doris Donat, Committee Secretary

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

Rep. Hunsaker called the meeting to order at 8:11 a.m.

MOTION:    Rep. Froerer moved to approve the minutes of February 1, 2007. The motion passed unanimously, with Rep. Allen, Rep. Becker, Rep. Seelig, Rep. Shurtliff, and Rep. Urquhart absent for the vote.

H.B. 203    Local Option Distribution Formula for the Distribution of the Local Option Sales and Use Tax (Rep. S. Wyatt)

MOTION:    Rep. Wyatt moved to amend H.B. 203 as follows:

1.    Page 6, Lines 157 through 161 :    

             157          (2) Notwithstanding Subsection 59-12-205 (2),
  for a countywide distribution made on or after May 1, 2008,       if the commission designates a

             158      qualifying county as an alternate disbursal area:
             159          (a) the commission may not make the distributions required by Section 59-12-205
             160      directly to a municipality; and
             161          (b) shall pay the countywide distribution to the managing qualifying county.


2.    Page 6, Lines 162 through 177 :    

             162          (3)
  (a) For purposes of this Subsection (3), "deciding legislative body" means:

    (i) the legislative body of a qualifying county; or
    (ii) the legislative body of a municipality that is, in whole or in part, within a qualifying county.
    (b)  
A qualifying county shall be designated as an alternate disbursal area by the

             163      commission on the first day of the first calendar month after a 90-day period beginning on the
             164      day on which the commission receives written notice from the qualifying county that an
             165      alternate distribution formula is approved under Subsection (3)(b)
  (ii)       , if:

             166          
{   (a)   }        (i)       subject to Subsections (4) and (5):

             167          
{   (i)   }        (A)       for a qualifying county with seven or more municipalities that are, in whole or in

             168      part, within the qualifying county,
{   the county legislative body and   } a two-thirds majority of the

             169     
{   municipalities   }        deciding legislative bodies            {   that are, in whole or in part, within that qualifying county   } agree, in writing, to an

             170      alternate distribution formula; or
             171          
{   (ii)   }        (B)       for a qualifying county with less than seven municipalities that are, in whole or in

             172      part, within the qualifying county, the county legislative body and each municipality that is, in
             173      whole or in part, within that qualifying county agree, in writing, to an alternate distribution
             174      formula; and
             175          
{   (b)   }        (ii)       in accordance with Subsection (8), after the agreement described in Subsection

             176     
{   (3)(a)   }        (3)(b)(i)       is reached, the alternate distribution formula is approved by a majority vote of the legal

             177      voters residing in the incorporated and unincorporated areas of the qualifying county.

Rep. Wyatt introduced and explained the amended part of the bill to the Committee.

The motion to amend the bill passed unanimously, with Rep. Allen, Rep. Becker, Rep. Urquhart absent for the vote.

MOTION:    Rep. Wyatt moved that the Committee recommend H.B. 203 favorably as amended. The motion passed unanimously, with Rep. Allen, Rep. Becker, and Rep. Urquhart absent for the vote.

Rep. Hunsaker relinquished the chair to Rep. Wyatt.

H.B. 298    County Trust Fund Amendments (Rep. J. Mathis)

Rep. Mathis introduced and explained the bill to the Committee.

MOTION:    Rep. Shurtliff moved to adopt 1st Substitute H.B. 298.

SUBSTITUTE
MOTION:    Rep. Dunnigan moved to proceed to the next item on the agenda. The motion passed unanimously, with Rep. Becker and Rep. Urquhart absent for the vote.

H.B. 129    Land Use Application Processing (Rep. M. Morley)

MOTION:    Rep. Dunnigan moved to adopt 1st Substitute H.B. 129. The motion passed unanimously, with Rep. Becker and Rep. Urquhart absent for the vote.

Rep. Morley introduced and explained the 1st Substitute H.B. 129 to the Committee, with the help of
Rep. Ure.

Spoke to the bill: Jodi Hoffman, Utah League of Cities and Towns

MOTION:    Rep. Gibson moved that the Committee recommend 1st Substitute H.B. 129 favorably. The motion passed unanimously, with Rep. Becker and Rep. Urquhart absent for the vote.

MOTION:    Rep. Buxton moved that 1st Substitute H.B. 129 be placed on the Consent Calendar. The motion passed unanimously, with Rep. Becker and Rep. Urquhart absent for the vote.

H.B. 367    Global Positioning Reference Network (Rep. K. Holdaway)

Rep. Holdaway introduced and explained the bill to the Committee, with the help of Dennis Goreham, Manager, Automated Geographic Reference Center.

Spoke to the bill: Mont Evans, Utah Council of Land Surveyors


MOTION:    Rep. Allen moved that the Committee recommend H.B. 367 favorably. The motion passed unanimously, with Rep. Becker and Rep. Urquhart absent for the vote.

MOTION:    Rep. Allen moved that H.B. 367 be placed on the Consent Calendar. The motion passed unanimously, with Rep. Becker and Rep. Urquhart absent for the vote.

H.B. 347    Municipal Election Law Provisions (Rep. D. Aagard)

Rep. Aagard introduced and explained the bill to the Committee, with the help of Lincoln Shurtz, Utah League of Cities and Towns.

MOTION:    Rep. Gibson moved at amend H.B. 347 as follows:

1.    Page 1, Lines 15 through 18 :    

             15          .    modifies provisions governing the days and hours of poll operation for early voting
             16      in
  local special elections,       municipal primary elections        ,       and municipal general elections;

             17          
{   .    provides that use of machines that provide disability access is not required for early

             18      voting in municipal primary elections and municipal elections;
  }
2.    Page 15, Lines 433 through 437 :    

             433          (c) During the early voting period, the election officer:
             434          (i) for
  local special elections,       municipal primary elections        ,       and municipal general elections:

             435          (A) shall conduct early voting on a minimum of four days during each week of the
             436      early voting period; and
             437          (B) shall conduct early voting on the last day of the early voting period; and

3.    Page 15, Lines 459 through 461 :    

             459          (c)
{   for all elections other than municipal primary elections and municipal general

             460      elections,   } at least 10% of the voting devices at a polling place are accessible for individuals
             461      with disabilities in accordance with Public Law 107-252, the Help America Vote Act of 2002;

4.    Page 17, Lines 497 through 498 :    

             497          (b) Nothing in this title shall be construed to require the use of electronic voting
             498      devices in
  local special elections,       municipal primary elections        ,       or municipal general elections.


The motion to amend passed unanimously, with Rep. Becker, Rep. Seelig, and Rep. Urquhart absent for the vote.

MOTION:    Rep. Dunnigan moved to amend H.B. 347 as amended as follows:

1.    Page 1, Lines 22 through 27 :    

             22      primary elections or municipal general elections;
  and      

             23          .    permits poll workers who are assigned to a voting precinct during a municipal
             24      election to reside within the county, rather than within the precinct they are assigned
             25      to
{   ; and

             26          .    adjusts the deadline for filing declarations of candidacy and nomination petitions for
             27      municipal elections from August to July   } .

2.    Page 20, Lines 612 through 614 :    

             612          (i) file a declaration of candidacy, in person with the city recorder or town clerk, during
             613      office hours and not later than 5 p.m. between
{   [   } July      {   ]   }      {   June   } 15 and      {   [   } August      {   ]   }      {   July   } 15 of any

             614      odd-numbered year; and

3.    Page 21, Lines 629 through 635 :    

             629          (c) Any resident of a municipality may nominate a candidate for a municipal office by:
             630          (i) filing a nomination petition with the city recorder or town clerk during office hours,
             631      but not later than 5 p.m. between
{   [   } July      {   ]   }      {   June   } 15 and      {   [   } August      {   ]   }      {   July   } 15 of any odd-numbered

             632      year; and [pay]
             633          (ii) paying the filing fee, if one is required by municipal ordinance.
             634          (d) When
{   [   } August      {   ]   }      {   July   } 15 is a Saturday [or], Sunday, or holiday, the filing time shall

             635      be extended until 5 p.m. on the following [Monday] regular business day.


The motion to amend passed unanimously, with Rep. Becker, Rep. Seelig, Rep. Urquhart, and Rep. Hunsaker absent for the vote.

MOTION:    Rep. Shurtliff moved that the Committee recommend H.B. 347 favorably as amended. The motion passed unanimously, with Rep. Becker, Rep. Urquhart, and Rep. Hunsaker absent for the vote.

H.B. 362    Annexation Amendments (Rep. G. Hughes)

Rep. Hughes introduced and explained the bill to the Committee, with the help of Pat Cassidy, Sandy City Attorney's Office.

Spoke to the bill: Richard Maughn, Davis County Recorder
     Rob Jolley, representing Sandy City

MOTION:    Rep. Gibson moved that the Committee recommend H.B. 362 favorably. The motion passed unanimously, with Rep. Becker, Rep. Shurtliff, and Rep. Urquhart absent for the vote.

H.B. 365    Eminent Domain Authority of Community Development and Renewal Agencies (Rep. S. Urquhart)

This bill was not considered.

Rep. Wyatt relinquished the chair to Rep. Hunsaker.

H.B. 262    Search Warrant Amendments (Rep. S. Wyatt)

Rep. Wyatt introduced and explained the bill to the Committee, with the help of Paul Boyden, Executive Director, State Attorney Association.

MOTION:    Rep. Dunnigan moved that the Committee recommend     H.B. 262 favorably. The motion passed unanimously, with Rep. Becker, Rep. Shurliff, and Rep. Urquhart absent for the vote.

MOTION:    Rep. Wyatt moved that the Committee place H.B. 262 on the Consent Calendar. The motion passed unanimously, with Rep. Becker, Rep. Shurtliff, and Rep. Urquhart absent for the vote.


MOTION:    Rep. Allen moved that the meeting be adjourned. The motion passed unanimously with Rep. Becker, Rep. Shurliff, and Rep. Urquhard absent for the vote.

Rep. Hunsaker adjourned the meeting at 9:33 a.m.
    




                    ___________________________
                    Rep. Fred R Hunsaker, Chair