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MINUTES OF THE

HOUSE POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room 450 State Capitol

February 24, 2012


MEMBERS PRESENT:    Rep. R. Curt Webb, Chair
            Rep. Becky Edwards, Vice Chair
            Rep. Johnny Anderson
            Rep. Jack R. Draxler
            Rep. James A. Dunnigan
            Rep. Jeremy A. Peterson
            Rep. Dixon M. Pitcher
            Rep. Marie H. Poulson
            Rep. Stephen E. Sandstrom
            Rep. Jennifer M. Seelig
            Rep. Larry B. Wiley

MEMBER ABSENT:        Rep. Michael T. Morley

STAFF PRESENT:        Mr. Joseph Wade, Policy Analyst
            Ms. Karen Mitchell, Committee Secretary

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

Vice Chair Edwards called the meeting to order at 9:08 a.m.

MOTION:    Rep. Poulson moved to approve the minutes of the February 22, 2012 meeting. The motion passed unanimously with Rep. Anderson, Rep. Draxler, Rep. Dunnigan, Rep. Morley, Rep. Sandstrom, and Rep. Seelig absent for the vote.

H.B. 429    Property Rights Modifications (Rep. G. Froerer)

Rep. Froerer introduced the bill to the committee assisted by Jodi Hoffman, Utah League of Cities and Towns.

MOTION:    Rep. Wiley moved to adopt 1st Substitute H.B. 429. The motion passed with Rep. Anderson, Rep. Draxler, Rep. Dunnigan, Rep. Morley, and Rep. Sandstrom absent for the vote.

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

1.    Page 2, Lines 33 through 36 :    

             33          (a) after consultation with the property owner, the municipality has determined on the


             34      record that the segment of a trail, path, or other way is essential to connect or complete a
             35      discrete portion of the municipality's master planned urban trail system, the acquisition of
             36      which is at least
{   70%   }        85%       complete;


The motion passed unanimously with Rep. Morley absent for the vote.

Spoke for the bill:    Mr. Mike Ostermiller, Utah Property Rights Coalition
        Mr. Lincoln Shurtz, Utah League of Cities and Towns

Spoke against the bill:    Mr. Sterling Brown, Utah Farm Bureau

MOTION:    Rep. Pitcher moved to pass 1st Substitute H.B. 429 out favorably as amended. The     motion passed with Rep. Anderson, Rep. Draxler, Rep. Dunnigan, Rep. Sandstrom,
    and Rep. Webb voting in opposition. Rep. Morley was absent for the vote.

H.B. 491    Midterm Vacancy Amendments (Rep. J. Dougall)

Rep. Dougall introduced the bill to the committee.

MOTION:    Rep. Wiley moved to pass H.B. 491 out favorably. The motion passed unanimously. Rep. Morley was absent for the vote.

H.B. 216    Political Subdivision Residential Rental Amendments (Rep. K. Sumsion)

Rep. Sumsion introduced the bill to the committee.

MOTION:    Rep. Dunnigan moved to adopt 1st Substitute H.B. 216 with the following amendment:

1.    Page 9, Lines 251 through 253 :    

             251          (ii) require an owner of multiple rental dwellings or multiple buildings containing
             252      rental dwellings
{   other than an owner described in Subsection (2)(b)(i)   } to obtain more than one

             253      regulatory business license for the operation and maintenance of those rental dwellings.

The motion passed unanimously with Rep. Morley and Rep. Seelig absent for the vote.

Rep. Anderson moved to amend the bill as follows:


1.    Page 5, Lines 143 through 145 :    

             143          (aa) a landlord training program that
{   has been offered live by any municipality, and the

             144      program,  
}
at a minimum, incorporates material set forth in a national landlord training program
             145      as detailed in the municipality's ordinances;

The motion passed unanimously. Rep. Morley was absent for the vote.

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


1.    Page 9, Lines 248 through 250 :    

             248          (i) require the owner of a rental dwelling of
{   two   }        four       units or less to obtain a business

             249      license in accordance with Subsection (2)(a)(i) or a regulatory business license in accordance
             250      with Subsection (2)(a)(ii); or


Spoke to the bill:    Ms. Karen Silver, Salt Lake Community Action Program

Spoke for the bill:    Mike Ostermiller, Utah Property Rights Coalition
        Lincoln Shurtz, Utah League of Cities and Towns

Spoke against the bill:    Mr. Sterling Brown, Utah Farm Bureau

SUBSTITUTE
MOTION:    
Rep. Peterson moved to hold 1st Substitute H.B. 216. The motion passed with Rep. Sandstrom voting in opposition. Rep. Morley was absent for the vote.

H.B. 279    Utah Schools Seismic Hazard Inventory (Rep. L. Wiley)

    
Rep. Wiley introduced the bill to the committee.

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


1.    Page 3, Lines 61 through 68 :    



             61          (2) (a) The governor shall appoint
{   three   }        two       members who are licensed structural engineers        and one member who is a licensed architect       ,

             62      including:
             63          (i) one member from the public or private sector appointed from a list of at least two
             64      names submitted by the Utah Seismic Safety Commission;
             65          (ii) one member from the public or private sector appointed from a list of at least two
             66      names submitted by the state superintendent of public instruction; and
             67          (iii) one member from the public or private sector, after considering recommendations
             68      from professional associations representing structural engineers.

The motion passed with Rep. Anderson voting in opposition. Rep. Morley was absent for the vote.

MOTION:    
Rep. Poulson moved to pass H.B. 279 out favorably as amended. The motion failed with Rep. Pitcher, Rep. Poulson, Rep. Sandstrom, Rep. Seelig, and Rep. Wiley voting in favor of the bill. Rep. Morley was absent for the vote.

MOTION:    Rep. Poulson moved to adjourn the meeting. The motion passed unanimously with Rep. Morley absent for the vote.

Vice Chair Edwards adjourned the meeting at 9:58 a.m.







                    ___________________________
                    Rep. R. Curt Webb, Chair