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MINUTES OF THE

HOUSE POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room 450 Utah State Capitol

Monday, February 23, 2009


MEMBERS PRESENT:    Rep. Fred R Hunsaker, Chair
            Rep. R. Curt Webb, Vice Chair
            Rep. Laura Black
            Rep. Rebecca Chavez-Houck
            Rep. Jack R. Draxler
            Rep. James A. Dunnigan
            Rep. Becky Edwards
            Rep. Janice M. Fisher
            Rep. Kerry W. Gibson
            Rep. Richard Greenwood
            Rep. Curtis Oda
            Rep. Marie H. Poulson    

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 8:35 a.m.

MOTION:    Rep. Black moved to approve the minutes of February 19, 2009. The motion passed unanimously, with Rep. Dunnigan, Rep. Edwards, Rep. Greenwood, Rep. Oda, and Rep. Webb absent for the vote.

H.B. 439    Amendments to City or Town Sales and Use Tax for Botanical, Cultural, Recreational, and Zoological Organizations or Facilities (Rep. K. Holdaway)

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

Spoke to the bill: Lincoln Shurtz, Utah League of Cities and Towns.
     Brent Gardner, Utah Association of Counties
     John Hiskey, Sandy City
     Brian Allen, Cottonwood Heights City

MOTION:    Rep. Fisher moved to amend H.B. 439 as follows:

1.    Page 1, Line 25 through Page 2, Line 29 :    

             25          
{   .    repeals requirements that before a city or town may impose the tax the city or town:

             26
             .    provide certain written information to the county in which the city or town is
             27      located; and
             28              .    receive a written statement or written resolution from the county in which the
             29      city or town is located;   }

2.    Page 2, Line 52 :    

             52          (1) (a) (i)
{   [   } Subject to Subsection (6),      {   ]   } [beginning on January 1, 2003, a] A city or town


3.    Page 3, Lines 76 through 77 :    

             76      outlined in Title 11, Chapter 14, Local Government Bonding Act
{   [   } , except as provided in

             77      Subsection (6)
{   ]   } .


4.    Page 6, Line 162 through Page 8, Line 214 :    

             162          
{   [   } (6) (a) Before a city or town legislative body submits an opinion question to the

             163      residents of the city or town under Subsection (1)(a)(i), the city or town legislative body shall:]
             164          [(i) submit to the county legislative body in which the city or town is located a written
             165      notice of the intent to submit the opinion question to the residents of the city or town; and]
             166          [(ii) receive from the county legislative body:]
             167          [(A) a written resolution passed by the county legislative body stating that the county
             168      legislative body is not seeking to impose a tax under Part 7, County Option Funding for
             169      Botanical, Cultural, Recreational, and Zoological Organizations or Facilities; or]
             170          [(B) a written statement that in accordance with Subsection (6)(b) the results of a
             171      county opinion question submitted to the residents of the county under Part 7, County Option
             172      Funding for Botanical, Cultural, Recreational, and Zoological Organizations or

Facilities,
             173      permit the city or town legislative body to submit the opinion question to the residents of the
             174      city or town in accordance with this part.]
             175          [(b) (i) Within 60 days after the day the county legislative body receives from a city or
             176      town legislative body described in Subsection (6)(a) the notice of the intent to submit an
             177      opinion question to the residents of the city or town, the county legislative body shall provide
             178      the city or town legislative body:]
             179          [(A) the written resolution described in Subsection (6)(a)(ii)(A); or]
             180          [(B) written notice that the county legislative body will submit an opinion question to
             181      the residents of the county under Part 7, County Option Funding for Botanical, Cultural,
             182      Recreational, and Zoological Organizations or Facilities, for the county to impose a tax under
             183      that part.]
             184          [(ii) If the county legislative body provides the city or town legislative body the written
             185      notice that the county legislative body will submit an opinion question as provided in
             186      Subsection (6)(b)(i)(B), the county legislative body shall submit the opinion question by no
             187      later than, from the date the county legislative body sends the written notice, the later of:]
             188          [(A) a 12-month period;]
             189          [(B) the next regular primary election; or]
             190          [(C) the next regular general election.]
             191          [(iii) Within 30 days of the date of the canvass of the election at which the opinion
             192      question under Subsection (6)(b)(ii) is voted on, the county legislative body shall provide the
             193      city or town legislative body described in Subsection (6)(a) written results of the opinion
             194      question submitted by the county legislative body under Part 7, County Option Funding for

             195      Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, indicating that:]
             196          [(A) (I) the city or town legislative body may not impose a tax under this part because a
             197      majority of the county's registered voters voted in favor of the county imposing the tax and the
             198      county legislative body by a majority vote approved the imposition of the tax; or]
             199          [(II) for at least 12 months from the date the written results are submitted to the city or
             200      town legislative body, the city or town legislative body may not submit to the county legislative
             201      body a written notice of the intent to submit an opinion question under this part because a
             202      majority of the county's registered voters voted against the county imposing the tax and the
             203      majority of the registered voters who are residents of the city or town described in Subsection
             204      (6)(a) voted against the imposition of the county tax; or]
             205          [(B) the city or town legislative body may submit the opinion question to the residents
             206      of the city or town in accordance with this part because although a majority of the county's
             207      registered voters voted against the county imposing the tax, the majority of the registered voters
             208      who are residents of the city or town voted for the imposition of the county tax.]
             209          [(c) Notwithstanding Subsection (6)(b), at any time a county legislative body may
             210      provide a city or town legislative body described in Subsection (6)(a) a written resolution
             211      passed by the county legislative body stating that the county legislative body is not seeking to
             212      impose a tax under Part 7, County Option Funding for Botanical, Cultural, Recreational, and
             213      Zoological Organizations or Facilities, which permits the city or town legislative body to
             214      submit under Subsection (1)(a)(i) an opinion question to the city's or town's

residents.

{   ]   }

The motion passed unanimously, with Rep. Oda absent for the vote.

MOTION:    Rep. Fisher moved to recommend H.B. 439 favorably as amended. The motion passed with Rep. Dunnigan, Rep. Greenwood, and Rep. Webb voting in opposition and Rep. Oda absent for the vote.

H.B. 413    County Authority Amendments (Rep. R. Menlove)

Rep. Menlove introduced and explained the bill to the Committee, with the help of Brian Shaffer, Box Elder County Commissioner, and Todd Bingham, Utah Farm Bureau .

MOTION:    Rep. Gibson moved to hold H.B. 413 until the next meeting. The motion passed, with Rep. Chavez-Houck and Rep. Draxler voting in opposition.

1st Sub. S.B. 135 Local District Taxing Authority (Sen. C. Bramble) (Rep. J. Dougall)

Sen. Bramble introduced and explained the bill to the Committee.

Spoke to the bill: LeGrand Bitter, Utah Association of Special Districts

MOTION:    Rep. Dunnigan moved to recommend 1st Substitute S.B. 135 favorably. The motion passed unanimously, with Rep. Fisher and Rep. Gibson absent for the vote.

MOTION:    Rep. Dunnigan moved to place 1st Substitute S.B. 135 on the Consent Calendar. The motion passed unanimously, with Rep. Fisher and Rep. Gibson absent for the vote.

MOTION:    Rep. Webb moved to adjourn the meeting. The motion passed unanimously, with Rep. Fisher, and Rep. Gibson absent for the vote.

Rep. Hunsaker adjourned the meeting at 9:56 a.m.






                    ___________________________
                    Rep. Fred R Hunsaker, Chair