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MINUTES OF THE

PUBLIC UTILITIES & TECHNOLOGY STANDING COMMITTEE

Room 414/416 - State Capitol Building

February 25, 2004

                                
MEMBERS PRESENT:        Rep. Stephen H. Urquhart, Chair    
                    Rep. Glenn A. Donnelson, Vice Chair
                    Rep. Sheryl L. Allen
                    Rep. Ralph Becker
                    Rep. Chad E. Bennion
                    Rep. Greg J. Curtis                
                    Rep. Brent H. Goodfellow
                    Rep. Ty McCartney
                    Rep. Michael E. Noel             
                    Rep. Gordon E. Snow
                    Rep. Michael R. Styler
                    Rep. David Ure

MEMBERS ABSENT:        None

STAFF PRESENT:            Richard North, Policy Analyst
                    Cherri White, Committee Secretary        

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

    Representative Urquhart called the meeting to order at 4:57 P.M.

1st Sub. S.B. 66    Telecommunications Amendments (Sen. J. Hickman)

    The sponsor introduced the bill and explained its intent.

MOTION:    Representative Ure moved to amend:

1.    Page 3, Lines 74 through 80 :    

             74          (3) (a) A revenue bond issued under this section shall be secured and paid for
[[   solely   ]]        :

    (i)  

             75      from the revenues generated by the municipality from providing:
             76          
[[   (i)   ]]        (A)       cable television services with respect to revenue bonds issued to finance facilities

             77      for the municipality's cable television services; and
             78          
[[   (ii)   ]]        (B)       public telecommunications services with respect to revenue bonds issued to finance

             79      facilities for the municipality's public telecommunications services
[[   .   ]]        ; and

    (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303(3)(a), from revenues generated under Title 59, Chapter 12, Sales and Use Tax Act, if:

    (A) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the revenue bond; and
    (B) the municipality or municipalities annually appropriate the revenues described in this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.  

             80          (b)
[[   A   ]]        Except as provided in Subsection (3)(a)(ii), a       municipality may not pay the origination, financing, or other carrying costs


SUBSTITUTE
MOTION:    Representative Curtis moved to amend:

1.    Page 3, Lines 74 through 80 :    

             74          (3) (a) A revenue bond issued under this section shall be secured and paid for
[[   solely   ]]        :

    (i)  

             75      from the revenues generated by the municipality from providing:
             76          
[[   (i)   ]]        (A)       cable television services with respect to revenue bonds issued to finance facilities

             77      for the municipality's cable television services; and
             78          
[[   (ii)   ]]        (B)       public telecommunications services with respect to revenue bonds issued to finance

             79      facilities for the municipality's public telecommunications services
[[   .   ]]        ; and

    (ii) notwithstanding Subsection (3)(b) and Subsection 10-18-303(3)(a), from revenues generated under Title 59, Chapter 12, Sales and Use Tax Act, if:
    (A) notwithstanding Subsection 11-14-2(2), the revenue bond is approved by the registered voters in an election held:
    (I) except as provided in Subsection (3)(a)(ii)(A)(II), pursuant to the provisions of Title 11, Chapter 14, Utah Municipal Bond Act, that govern bond elections; and
    (II) notwithstanding Subsection 11-14-4(2), at a regular general election;
    (B) the revenues described in this Subsection (3)(a)(ii) are pledged as security for the revenue bond; and
    (C) the municipality or municipalities annually appropriate the revenues described in this Subsection (3)(a)(ii) to secure and pay the revenue bond issued under this section.  

             80          (b)
[[   A   ]]        Except as provided in Subsection (3)(a)(ii), a       municipality may

not pay the origination, financing, or other carrying costs



The motion passed 8-4-0 with Representatives Becker, Bennion, Goodfellow, and Ure voting against the motion.

    Speaking in favor of the bill:

        Rex Knowles, XO Communications
        Mike Jerman, Utah Taxpayers Association
        Kent Anderson, Communication Workers of America
        Claire Geddes, Utah Legislative Watch
        Ron Casper, National Federation of Independent Business-Utah
        Eric Isom, QWEST, Government Affairs Officer

    Speaking against the bill:

        Rex Morris, Executive Director, UTOPIA
        Lewis Billings, Mayor, Provo City
        Jerry Stevenson, Mayor, Layton City
        Pete Ashdown, XMission
        Lou Ann Christensen, Mayor, Brigham City
        Harry Gibbons, Jr., Concerned Citizen
        Dennis Norfeldt, Mayor, West Valley City
        Arthur Brady, Librarian

    Representative Noel declared a conflict of interest.

MOTION:    Representative Urquhart moved to pass the bill out favorably as amended. The motion passed 8-4-0 with Representatives Curtis, McCartney, Noel, Snow, Styler, Ure, Donnelson and Urquhart voting in favor of the motion, and Representatives Allen, Becker, Bennion, and Goodfellow voting against the motion.

H.B. 318    Uniform Statewide Fees for Certain Tangible Personal Property (Rep. C. Bennion)

    The sponsor introduced the bill and explained its intent.

    Lee Gardner, Salt Lake County Assessor addressed questions from the committee regarding the fiscal note on the bill.

    Wayne Jones, Executive Director, Recreation Vehicle Dealers Association, Independent Auto Dealers Association, Utah Marine Association, Utah Powersport Dealers Association; and Dennis Ayers, Iron County Assessor spoke in favor of the bill.


MOTION:    Representative Ure moved to pass the bill out favorably. The motion passed 10-2-0 with Representatives Becker and Styler voting against the motion.

H.B. 338    Bottle Bill Amendments (Rep. T. McCartney)

    The sponsor introduced the bill and explained its intent.

    Kevin Emmerson, a concerned citizen spoke in favor of the bill.

MOTION:    Representative Snow moved to return the bill to rules to have it placed on the Master Study List for interim study.

SUBSTITUTE
MOTION:    Representative Noel moved to table the bill. After committee discussion the motion was withdrawn.

    The vote was called for on the original motion to place the bill on the Master Study List. The motion passed 6-5-1 with Representatives Allen, Noel, Snow, Ure, Donnelson, and Urquhart voting in favor of the bill, Representatives Becker, Bennion, Goodfellow, McCartney, and Styler voting against the motion, and Representative Curtis absent for the vote.

1st Substitute H.B. 348    Privacy Amendments (Rep. M. Thompson)

    The sponsor introduced the bill and explained its intent.

MOTION:    Representative Bennion moved to pass the bill out favorably as amended. The motion passed unanimously with Representative Curtis absent for the vote.

MOTION:    Representative Bennion moved to approve the minutes of February 24, 2004. The motion passed unanimously with Representative Curtis absent for the vote.

MOTION:    Representative Bennion moved to adjourn. The motion passed unanimously with Representative Curtis absent for the vote. The meeting adjourned at 7:10 P.M.






                             _______________________________                               Rep. Stephen H. Urquhart, Chair