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MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
ROOM 405, STATE CAPITOL BUILDING
February 10, 2004



MEMBERS PRESENT:    Rep. James A. Ferrin, Chair
        Rep. Eric K. Hutchings, Vice Chair
        Rep. Doug Aagard
        Rep. Ron Bigelow
        Rep. DeMar “Bud” Bowman
        Rep. Don E. Bush
        Rep. Neil A. Hansen
        Rep. Neal B. Hendrickson
        Rep. Roz McGee
        Rep. Merlynn T. Newbold
        Rep. Loraine T. Pace    
        
STAFF PRESENT:    John Cannon, Managing Policy Analyst
        John Fellows, Associate General Counsel
        Sylvia Newton, Committee Secretary

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

Rep. Hutchings called the meeting to order at 8:34 a.m.

MOTION:    Rep. Hansen moved to approve the minutes of the February 6, 2004 meeting. The motion passed unanimously with Rep. Hendrickson and Rep. Bigelow absent for the vote.


H.B. 114    Money Management Act Amendments (Rep. D. Clark)


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

1.    Page 9, Lines 247 through 249 :    

             247          (2)
[[   Certified   ]]        (a) Except as provided in subsection (2)(b), certified       investment advisers acting on behalf of a public treasurer shall conduct

             248      investment transactions only through qualified depositories, certified dealers, or directly with
             249      issuers of the investment securities.
  (b) Certified investment advisers may use a primary dealer who is not a certified dealer or a broker-dealer who is not a certified dealer, if the council has qualified the dealer or broker-dealer according to the procedures and requirements established in the rules made as required in Subsection (2)(c).


(c) The council shall make rules establishing standards and procedures that certified investment advisers may follow in order to qualify primary dealers and broker-dealers who are not certified dealers.  
    


The motion to amend the bill passed unanimously with Rep. Bigelow absent for the vote.

Rep. Clark introduced H.B. 114 as amended and explained it to the committee.

Spoke in favor of the bill:    Larry Richardson, Salt Lake County Treasurer

MOTION:    Rep. Bush moved to pass H.B. 114 out favorably as amended. The motion passed unanimously with Rep. Bigelow absent for the vote.


H.B. 228    Sale, Exchange, or Donation of Real Property by State Agencies (Rep. D. Ure)


MOTION:     Rep. Hendrickson moved to delete in title and body H.B. 228 and replace it with 1st Sub. H.B. 228. The motion passed unanimously with Rep. Bigelow absent for the vote.

MOTION:    Rep. Bush moved to amend the substitute bill as follows:

1.    Page 9, Line 272 through Page 10, Line 282 :    

             272          (6) Notwithstanding the provisions of Subsection (2) (a)(iv), the following entities may
             273      hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
             274      other than administration that are under their control and management:
             275          (a) the Office of Trust Administrator;
             276          (b) the Department of Transportation;
             277
[[  
         (c) the Division of Forestry, Fire and State Lands;   ]]

             278          
[[   (d)   ]]        (c)       the Department of Natural Resources        and its divisions       ;

             279          
[[   (e)   ]]        (d)       the [Utah National Guard] State Armory Board;

             280          
[[   (f)   ]]        (e)       any area vocational center or other institution administered by the State Board of

             281      Education; and
             282          
[[   (g)   ]]        (f)       any institution of higher education.


The motion to amend the substitute bill passed unanimously with Rep. Bigelow absent for the vote.




Rep. Ure introduced 1st Sub. H.B. 228 as amended and explained it to the committee.

Spoke to the bill:    Kevin Walthers, Office of Legislative Fiscal Analyst
            John Njord, Executive Director, Department of Transportation

MOTION:    Rep. Hansen moved to pass the bill out favorably as amended. The motion passed unanimously.


H.B. 265    Designation of Commemorative Days (Rep. D. Bush)

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

1.    Page 1, Lines 12 through 14 :    

             12          This bill:
             13          .    designates the third Monday in May as Yellow Ribbon Day;
             14          .    designates
[[   September 19   ]]        the third Friday in September       as POW/MIA Recognition Day; and


2.    Page 2, Lines 28 through 35 :    

             28          (1) The following days shall be commemorated yearly [on the designated calendar
             29      date]:
             30          [(1)] (a) Bill of Rights Day, on December 15; [and]
             31          [(2)] (b) Constitution Day, on September 17[.];
             32          (c) Yellow Ribbon Day, on the third Monday in May, in honor of men and women who
             33      are serving or have served in the U.S. armed forces around the world in defense of freedom;
             34      and
             35          (d) POW/MIA Recognition Day, on
[[   September 19.   ]]        the third Friday in September.      


The motion to amend the bill passed with Rep. Ferrin voting in opposition to the motion and Rep. Newbold absent for the vote.




Rep. Bush introduced H.B. 265 as amended and explained it to the committee.

Spoke in favor of the bill:    Terry Schow, Utah Division of Veterans Affairs

MOTION:    Rep. Bowman moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Newbold absent for the vote.

MOTION:    Rep. Hansen moved to place H.B. 265 on the Consent Calendar. Because the rules require a unanimous vote, the motion failed with Rep. Aagard, Rep. Bowman, Rep. Bush, Rep. Hansen, Rep. Hendrickson, Rep. McGee, Rep. Pace, Rep. Hutchings, and Rep. Ferrin voting in favor of the motion. Rep. Bigelow voted in opposition to the motion and Rep. Newbold was absent for the vote.

MOTION:    Rep. Bowman moved to adjourn. The motion passed unanimously with Rep. Newbold absent for the vote. The meeting adjourned at 9:31 a.m.





                    __________________________
                    Rep. James A. Ferrin, Chair