MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
Friday, February 1, 2019 • 2:00 p.m. • 30 House Building


Members Present:
Rep. John Knotwell, Chair
Rep. Phil Lyman, Vice Chair
Rep. Patrice M. Arent
Rep. Jennifer Dailey-Provost
Rep. Brad M. Daw
Rep. Jon Hawkins
Rep. Val L. Peterson
Rep. Marc K. Roberts
Rep. Travis M. Seegmiller
Rep. Jeffrey D. Stenquist

Members Absent:
Rep. Walt Brooks

Staff Present:
Mr. Brian J. Bean, Policy Analyst
Ms. Wendy Hill, Committee Secretary

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

Vice Chair Lyman called the meeting to order at 2:07 p.m.
MOTION: Rep. Hawkins moved to approve the minutes of the January 29, 2019 meeting. The motion passed with a vote of 7-0-4.
Yeas - 7Nays-0Abs-4
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. M. Roberts
Rep. W. Brooks
Rep. V. Peterson
Rep. T. Seegmiller
Rep. J. Stenquist
1. H.B. 93 County Formation Amendments (Coleman, K.)
Rep. Kim F. Coleman explained the bill.
A video, "Territorial History of the USA Every Month for 400 Years," was shown to the committee.
Sherrie Ohrn, resident, spoke in favor of the bill.
Victor Iverson, Commissioner, Washington County, spoke in favor of the bill.
Adam Trupp, Chief Executive Officer, Utah Association of Counties, spoke to the bill.
Rep. Roberts moved to pass H.B. 93 out favorably.
SUBSTITUTE MOTION: Rep. Arent moved to move to the next Item on the agenda. The Substitute motion failed with a vote of 2-7-2.
Yeas - 2Nays-7Abs-2
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. W. Brooks
Rep. V. Peterson
Rep. Roberts's motion to pass H.B. 93 out favorablypassed with a vote 7-2-2.
Yeas - 7Nays-2Abs-2
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. W. Brooks
Rep. V. Peterson
2. H.J.R. 4 Proposal to Amend Utah Constitution -- Legislator Qualifications (Hall, C.)
Rep. Craig Hall explained the resolution.
Derek Brenchley, Deputy Director of Elections, Office of the Lieutenant Governor, spoke in favor of the resolution.
MOTION: Chair Knotwell moved to pass H.J.R. 4 out favorably. The motion passed with a vote of 9-0-2.
Yeas - 9Nays-0Abs-2
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. W. Brooks
Rep. V. Peterson
3. H.B. 86 Service Area Board of Trustees Amendments (Waldrip, S.)
Rep. Steve Waldrip explained the bill.
MOTION: Rep. Stenquist moved to pass H.B. 86 out favorably. The motion passed with a vote of 9-0-2.
Yeas - 9Nays-0Abs-2
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. W. Brooks
Rep. V. Peterson
4. S.B. 25 Records Committees (Harper, W.)
Sen. Wayne A. Harper explained the bill.
Jeff Hunt, Attorney, Utah Media Coalition, spoke in favor of the bill.
Rachel Otto, Director of Government Relations, Utah League of Cities and Towns, spoke in favor of the bill.
MOTION: Chair Knotwell moved to replace S.B. 25 with 1st Substitute S.B. 25. The motion passed with a vote of 10-0-1.
Yeas - 10Nays-0Abs-1
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. V. Peterson
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. W. Brooks
MOTION: Chair Knotwell moved to pass 1st Substitute S.B. 25 out favorably. The motion passed with a vote of 10-0-1.
Yeas - 10Nays-0Abs-1
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. V. Peterson
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. W. Brooks
5. S.B. 33 Political Procedures Amendments (Harper, W.)
Sen. Wayne A. Harper explained the bill.
MOTION: Chair Knotwell moved to amend S.B. 33 with Amendment #1. The motion passed with a vote of 10-0-1.
Amendment 1
S.B. 33
1.        Page 3, Line 82: 
82                 20A-3-304, as last amended by Laws of Utah 2018, Chapter 206
20A-3-305, as last amended by Laws of Utah 2017, Chapters 235 and 327

2.        Page 101, Line 3128 through Page 102, Line 3130: 
3128                 (e) The clerk shall provide a copy of the absentee voter list to election officers for use
3129         in elections.
        Section 45. Section 20A-3-305 is amended to read:
        20A-3-305.Mailing of ballot to voter -- Enclose self-addressed envelope -- Affidavit.

        (1) (a) Upon timely receipt of an absentee voter application properly filled out and signed less than 30 days before the election, the election officer shall either:
        (i) give the applicant an official absentee ballot and envelope to vote in the office; or
        (ii) mail an official absentee ballot, postage paid, to the absentee voter and enclose an envelope printed as required in Subsection (2).
        (b) No sooner than 21 days before election day, and no later than { 21 } 14 days before election day, the election officer shall mail an official absentee ballot, postage paid, to all absentee voters, other than to a uniformed-service voter or an overseas voter, who have submitted a properly filled out and signed absentee voter application before the day on which the ballots are mailed and enclose an envelope printed as required by Subsection (2).
        (2) The election officer shall ensure that:
        (a) the name, official title, and post office address of the election officer is printed on the front of the envelope;
        (b) the return envelope includes a space where a voter may write an email address and phone number by which the election officer may contact the voter if the voter's ballot is rejected; and
        (c) the following is printed on the back of the envelope:
        (i) a printed affidavit in substantially the following form:
"County of ____         State of ____
        I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct in ____ County, Utah and that I am entitled to vote in that voting precinct at the next election. I am not a convicted felon currently incarcerated for commission of a felony.

 

______________________________

 

Signature of Absentee Voter"; and
        (ii) a warning that the affidavit must be signed by the individual to whom the ballot was sent and that the ballot will not be counted if the signature on the affidavit does not match the signature on file with the election officer of the individual to whom the ballot was sent.
        (3) If the election officer determines that the absentee voter is required to show valid voter identification, the election officer shall:
        (a) issue the voter a provisional ballot in accordance with Section 20A-3-105.5;
        (b) instruct the voter to include a copy of the voter's valid voter identification with the return ballot;
        (c) provide the voter clear instructions on how to vote a provisional ballot; and
        (d) comply with the requirements of Subsection (2).
3130                 Section { 45 } 46 . Section 20A-3-306 is amended to read:

Renumber remaining sections accordingly.

Yeas - 10Nays-0Abs-1
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. V. Peterson
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. W. Brooks
MOTION: Rep. Seegmiller moved to pass S.B. 33 as amended out favorably. The motion passed with a vote of 10-0-1.
Yeas - 10Nays-0Abs-1
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Hawkins
Rep. J. Knotwell
Rep. P. Lyman
Rep. V. Peterson
Rep. M. Roberts
Rep. T. Seegmiller
Rep. J. Stenquist
Rep. W. Brooks
6. S.B. 35 Municipal Incorporation Amendments (Harper, W.)
Sen. Wayne A. Harper explained the bill.
Derek Brenchley, Deputy Director of Elections, Office of the Lieutenant Governor, spoke in favor of the bill.
MOTION: Rep. Roberts moved to pass S.B. 35 out favorably. The motion passed with a vote of 7-1-3.
Yeas - 7Nays-1Abs-3
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. P. Lyman
Rep. V. Peterson
Rep. M. Roberts
Rep. J. Stenquist
Rep. J. Knotwell
Rep. W. Brooks
Rep. J. Hawkins
Rep. T. Seegmiller
MOTION: Chair Knotwell moved to adjourn. The motion passed with a vote of 8-0-3.
Yeas - 8Nays-0Abs-3
Rep. P. Arent
Rep. J. Dailey-Provost
Rep. B. Daw
Rep. J. Knotwell
Rep. P. Lyman
Rep. V. Peterson
Rep. M. Roberts
Rep. J. Stenquist
Rep. W. Brooks
Rep. J. Hawkins
Rep. T. Seegmiller
Vice Chair Lyman adjourned the meeting at 3:49 p.m.