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MINUTES OF THE

HOUSE POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room 223 - State Capitol Building

February 18, 2004


COMMITTEE MEMBERS:    Rep. Kory M. Holdaway, Chair
                Rep. Roger E. Barrus, Vice Chair
            Rep. Ralph Becker
            Rep. Duane E. Bourdeaux
            Rep. D. Gregg Buxton
            Rep. Brad L. Dee
            Rep. Carl W. Duckworth
            Rep. Ann W. Hardy
            Rep. David L. Hogue
            Rep. Joseph G. Murray
    
STAFF PRESENT:        Joseph Wade, Policy Analyst
            Karen Holt, Committee Secretary

Note: A list of visitors and a copy of handouts are filed with the committee minutes.
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Vice-chair Barrus called the meeting to order at 8:07 a.m.

Motion:    Rep. Hogue made a motion to approve the minutes of February 16, 2004. The motion         passed unanimously with a vote of 7-0-3, with Reps. Bourdeaux, Duckworth and Murray         absent for the vote.


H.B. 137     Campaign Finance Disclosure in Municipal Elections (Rep. J. Dougall)

Motion:    Rep. Hogue moved to delete in title and body H.B. 137 and to replace it with 1st Substitute         H.B. 137. The motion passed unanimously with a vote of 9-0-1, with Rep. Duckworth         absent for the vote.

Rep. Dougall introduced 1st Substitute H.B. 137.

Motion:    Rep. Hardy moved that the committee report a favorable recommendation on 1st Substitute         H. B. 137. The motion passed unanimously with a vote of 10-0-0.

Motion:    Rep. Holdaway made a motion to place 1st Substitute H.B. 137 on the Consent Calender.         The motion failed with a vote of 4-6-0, with Reps. Becker, Bourdeaux, Hogue and Holdaway         voting yes, and Reps. Barrus, Buxton, Dee, Duckworth, Hardy and Murray voting no.






H.B. 274    Municipal Weed Abatement (Rep. M. Morley)

Rep. Morley introduced the bill.

Motion:    Rep. Bourdeaux moved that the committee report a favorable recommendation on H.B. 274.         The motion passed unanimously with a vote of 10-0-0.

Motion:    Rep. Dee made a motion to place H.B. 274 on the Consent Calender. The motion passed         unanimously with a vote of 10-0-0.


H.B. 147    Municipal Code Condemnation Amendments (Rep. L. Christensen)

Rep. Christensen introduced the bill.

Motion:    Rep. Hogue made a motion to adopt House Committee Amendment #1:

1.    Page 2, Lines 42 through 47 :    

             42          (3) In determining just compensation in a condemnation proceeding under this section
  in a municipality located in a county of the first class      

             43      where a determination of market value of what is proposed to be taken is impractical because
             44      there is no meaningful market for what is proposed to be taken, the value shall be
  :

    (a)  
presumed to

             45      be the amount the owner paid to acquire ownership of what is proposed to be taken, as adjusted
             46      by a change in value due to post-acquisition deterioration and any other factor reasonably and
             47      equitably bearing on the value of what is proposed to be taken
  ; and

    (b) determined by applying equitable considerations including:
    (i) whether the owner will be unjustly enriched;
    (ii) whether the owner acquired the property by exaction or similar method; and
    (iii) the extent to which the consideration the owner provided in acquiring the property consists of an obligation to maintain the property and whether that obligation will be assumed by the municipality because of the condemnation  
.


Substitute Motion:    Rep. Becker made a motion to adopt amendment #1, except for the following:

Line 42:    After "this section" delete " in a municipality located in a county of the first class "







A Utah State trooper announced evacuation from the State Capitol building because of bomb threat.

Motion:    A committee member made a motion to adjourn. The motion passed unanimously and the         meeting adjourned at 8:35 a.m.

Bills not considered:

H.B. 288    Process for Submitting Opinion Question to Ballot (Rep. R. Becker)
H.J.R. 15    Joint Resolution - Submitting Bonding for Open Space to Voters (Rep. R. Becker)




                    ___________________________
                    Kory M. Holdaway, Chair