MINUTES OF THE SENATE GOVERNMENT OPERATIONS & POLITICAL SUBDIVISIONS
STANDING COMMITTEE
MONDAY, FEBRUARY 4, 2008
ROOM W020, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
Members Present: Sen. Peter C. Knudson, Chair
Sen. D. Chris Buttars
Sen. Scott K. Jenkins
Sen. Scott D. McCoy
Sen. Ross I. Romero
Member Excused: Sen. John W. Hickman
Staff Present: Mark D. Andrews, Policy Analyst
Nedra Duzett, Secretary
Public Speakers Present: Arie VanDeGraaf, Utah Association of Counties
Lynn Pace, Deputy City Attorney, Salt Lake City
Reed Richards, Weber County Attorney's Office
Leonard Gilroy, Reason Foundation
Ronald Mortensen, Citizen, Citizens Coalition for Tax Fairness
Lincoln Shurtz, Utah League of Cities and Towns
Jodi Hofman, Utah League of Cities and Towns
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Knudson called the meeting to order at 8:05 a.m.
MOTION: Sen. Buttars moved to approve the minutes of the January 31, 2008 meeting.
MOTION: Sen. Buttars moved to pass the bill out favorably.
The motion passed unanimously with Sen. Jenkins absent for the vote.
MOTION: Sen. Buttars moved to place the bill on the Consent Calendar.
The motion passed unanimously. 2. H.B. 43 Allowance of Polling Places for Early Voting(G. Donnelson)
Rep. Donnelson explained the bill.
Arie VanDeGraaf, Utah Association of Counties, spoke in support of the bill.
MOTION: Sen. Romero moved to pass the bill out favorably.
The motion passed unanimously with Sen. Jenkins absent for the vote.
MOTION: Sen. Buttars moved to place the bill on the Consent Calendar.
The motion passed unanimously.
3. S.B. 20S1 Municipal Government Amendments (C. Walker)
Sen. Walker explained Second Substitute S.B. 20, "Municipal Government
Amendments."
Lynn Pace, Deputy City Attorney, Salt Lake City, spoke in support of the bill and
provided additional information on the bill.
Lincoln Shurtz, Utah League of Cities and Towns spoke in support of the bill.
MOTION: Sen. McCoy moved to delete in title and body First Substitute S.B. 20 and
substitute in place thereof Second Substitute S.B. 20, "Municipal Government
Amendments."
The motion passed unanimously.
MOTION: Sen. McCoy moved to pass the bill out favorably.
The motion passed unanimously.
4. H.B. 107 Emergency Management Administrative Council (C. Oda)
Rep. Oda explained the bill.
Reed Richards, Weber County Attorney's Office, spoke in support of the bill. MOTION: Sen. Jenkins moved to pass the bill out favorably.
The motion passed unanimously.
5. S.B. 167 Alcoholic Beverages on Election Day(S. McCoy)
MOTION: Sen. Jenkins moved to adopt the following amendment:
1. Page 1, Lines 18 through 19
18
Other Special Clauses:
19
{
None
}
This bill coordinates with H.B. 344, Alcoholic Beverage
Enforcement Provisions, by providing superseding amendments.
2. Page 47, Line 1436
1436
only an immediate and unrecorded right of replay not exchangeable for value.
If this S.B. 167 and H.B. 344, Alcoholic Beverage Enforcement Provisions, both
pass, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel in preparing the Utah Code database for publication shall have the
amendments to:
(1) Subsection 32A-4-106(9)(a) in this bill supersede the amendments to Subsection
32A-4-106(9)(a) in H.B. 344;
(2) Subsection 32A-4-307(9)(a) in this bill supersede the amendments to Subsection
32A-4-307(9)(a) in H.B. 344; and
(3) Subsection 32A-5-107(27)(a) in this bill supersede the amendments to Subsection
32A-5-107(27)(a) in H.B. 344.
The motion passed unanimously. Sen. McCoy explained the amended bill.
MOTION: Sen. Romero moved to pass the amended bill out favorably.
The motion passed unanimously. 6. S.B. 45 Accounting for Competitive Activities of Local Entities (H. Stephenson) MOTION: Sen. Jenkins moved to delete title in title and body S.B. 45 and substitute in
place thereof First Substitute S.B. 45, "Inventory for Competitive Activities of Local
Entities."
The motion passed unanimously.
Sen. Stephenson explained the substitute bill.
Leonard Gilroy, Director of Government Reform, Reason Foundation, gave additional
information on the bill and spoke in support of the bill.
Lincoln Shurtz, Utah League of Cities and Towns, spoke in opposition to the bill.
MOTION: Sen. Jenkins moved to pass the bill out favorably.
The motion passed with Sens. McCoy and Romero voting in opposition.
7. S.B. 177 Local Government Disposal of Real Property Acquired by Exaction
(W. Niederhauser)
Sen. Niederhauser explained the bill.
Jodi Hofman, Utah League of Cities and Towns, spoke in support of the bill.
MOTION: Sen. Buttars moved to amend the bill as follows:
1. Page
1, Lines 14 through 17
:
14
. extends from five years to
{
15
}
25
years the period of time that a
county or municipality
15
may own surplus real property acquired by exaction in order for the county or
16
municipality to be subject to a requirement that the county or municipality offer to
17
reconvey the property to the original owner.
2. Page
2, Lines 36 through 39
:
36
(2) (a) If a municipality plans to dispose of surplus real property that was acquired
37
under this section and has been owned by the municipality for less than [five]
{
15
}
25
years, the
38
municipality shall first offer to reconvey the property, without receiving additional
39
consideration, to the person who granted the property to the municipality.
3. Page
2, Lines 54 through 57
:
54
(2) (a) If a county plans to dispose of surplus real property under Section
17-50-312
55
that was acquired under this section and has been owned by the county for less than [five]
{15
}
25
56
years, the county shall first offer to reconvey the property, without receiving additional
57
consideration, to the person who granted the property to the county.
The motion passed unanimously.
MOTION: Sen. Buttars moved to pass the bill out as amended.