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MINUTES OF THE SENATE GOVERNMENT OPERATIONS & POLITICAL SUBDIVISIONS
Members Present: Sen. Carlene M. Walker, Chair
Sen. Patrice Arent
Sen. Dan Eastman
Sen. Beverly Evans
Sen. Karen Hale
Members Excused: Sen. Bill Hickman
Sen. Peter Knudson
Staff Present: Richard North, Policy Analyst
Saundra Maeser, Secretary
Public Speakers Present: Brent Gardner, Utah Association of Counties
Chris Kyler, Legal Counsel, Utah Association of Realtors
Sen. Chris Buttars
Fred Finlinson, Chairman, Utah Water Coalition
Wes Quinton, Utah Farm Bureau
Shauna Kerr, Summit County Commissioner
Mark Shurtleff, Attorney General
Sherrie Swensen, Salt Lake County Clerk
Arnold West, Arnell-West Inc.
Todd Bingham, Associated Builders and Contractors
Bob Babcock, Attorney, Civil Engineer
Jodi Hoffman, Utah League of Cities and Towns
Wendell Wild, City Administrator, West Bountiful City
Joey Gilbert, Vice President, Association of General Contractors
Mark Walsh, Utah Association of Counties
Margaret Bird, School Trust Specialist, Utah Association of Counties
Bob Morgan, Executive Director, Division of Natural Resources
A list of visitors is filed with the committee minutes.
Committee Chair Walker called the meeting to order at 2:23 p.m.
1. Approval of Minutes
MOTION: Sen. Arent moved to approve the minutes of February 11, 2004.
The motion passed unanimously.
2. S.B. 215 County Powers Amendments (D. Gladwell)
Sen. David Gladwell introduced the bill and distributed 2nd Sub. S.B. 215.
MOTION: Sen. Evans moved to adopt 2nd Sub. S.B. 215.
The motion passed unanimously.
Brent Gardner, Utah Association of Counties, and Shauna Kerr, Summit County Commissioner, spoke in opposition to the bill.
Chris Kyler, Legal Counsel, Utah Association of Realtors; Sen. Chris Buttars; Fred Finlinson, Chairman, Utah Water Coalition; and Wes Quinton, Utah Farm Bureau, spoke in support of the bill.
MOTION: Sen. Eastman moved to pass 2nd Sub. S.B. 215 out with a favorable recommendation.
The motion passed unanimously.
3. S.B. 236 Utah Public Officers' and Employees' Ethics Act Amendments (D. C. Buttars)
Sen. Chris Buttars introduced the bill, assisted by Mark Shurtleff, Attorney General.
MOTION: Sen. Arent moved to pass S.B. 236 out with a favorable recommendation.
The motion passed with Sen. Eastman and Sen. Evans voting in opposition.
Sen. Hale assumed the chair from Sen. Walker
4. S.B. 157 Authorization to Perform Marriages (C. Walker)
Sen. Walker introduced the bill.
MOTION: Sen. Walker moved to amend S.B. 157 as follows:
1. Page 1, Line 24 through Page 2, Line 32
24 30-1-6. Who may solemnize marriages -- Certificate.
25 (1) Marriages may be solemnized by the following persons only:
31 (d) mayors of municipalities
or county executives
;
32 (e) a justice, judge, or commissioner of a court of record;
2. Page 3, Lines 63 through 65
63 (3) Notwithstanding any other provision in law, no person authorized under Subsection
64 (1) to solemnize a marriage may delegate or deputize another person to perform the function of
65 solemnizing a marriage
, except that only full-time employees of the office
responsible for the issuance of marriage licenses may be deputized
.
The motion passed unanimously.
Brent Gardner, Utah Association of Counties, and Sherrie Swensen, Salt Lake County Clerk, spoke in support of the bill.
MOTION: Sen. Evans moved to pass S.B. 157, as amended, out with a favorable recommendation.
The motion passed with Sen. Arent and Sen. Hale voting in opposition.
Sen. Walker assumed the chair from Sen. Hale
5. S.B. 183 Local Governments - Authority for Design-build Construction (H. Stephenson)
Sen. Stephenson introduced the bill.
Sen. Eastman moved to amend S.B. 183 with Amendment 1 as follows:
1. Page 4, Lines 101 through 104
101 (b) except as provided in Subsection (3), enter into a contract for the completion of the
102 building improvement or public works project with:
103 (i) the lowest responsive responsible bidder[
104 (ii) for a design-build project, a responsible bidder that
:
(A)
offers design-build services
; and
(B) satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements for a design-build project
.
The motion passed unanimously.
MOTION: Sen. Eastman moved to amend S.B. 183 with Amendment 2, Item 1. as follows:
1. Page 2, Lines 51 through 53
51 (4) "Design-build project" means a building improvement or public works project
costing over $4,000,000
with
52 respect to which both the design and construction are provided for in a single contract with a
53 contractor or combination of contractors capable of providing design-build services.
The motion passed with Sen. Arent and Sen. Hale voting in opposition.
Arnold West, Arnell-West Inc; and Todd Bingham, Associated Builders and Contractors, spoke in opposition to the bill.
Bob Babcock, Attorney; and Joey Gilbert, Vice President, Association of General Contractors, spoke in support of the bill.
Jodi Hoffman, Utah League of Cities and Towns; and Wendell Wild, City Administrator, West Bountiful City, spoke in support of the bill, but wanted the $4,000,000 limit lowered.
MOTION: Sen. Evans moved to hold S.B. 183, as amended.
SUBSTITUTE MOTION: Sen. Hale moved to amend S.B. 183 as follows:
1. Page 2, Line 51 Delete $4,000,000 and insert $1,000.000.
The substitute motion passed unanimously.
MOTION: Sen. Hale moved to pass S.B. 183, as amended, out with a favorable recommendation.
The motion passed unanimously.
6. H.B. 206S2 Constitutional Defense Council Amendments (M. Noel)
Rep. Mike Noel introduced the bill.
MOTION: Sen. Evans moved to amend H.B. 206S2 as follows:
1. Page 5, Lines 138 through 143
House Floor Amendments
2-9-2004
138
[[
(7) (a) At least H [14]
10
h calendar days before the state submits final
draft documents
138a relating
139 to land use plans to any federal land management agency, the governor shall make those
140 documents available to any member of the Constitutional Defense Council H AND ANY COUNTY h
140a who requests them.
141 (b) Members may make recommendations to the governor or the governor's designee
142 about changes to be made to the documents before they are submitted to the federal land
143 management agency. ]]
(7) (a) At least 20 calendar days before the state submits comments on the draft environmental impact statement or environmental assessment for a proposed land management plan of any federal land management agency, the governor shall make those documents available to:
(i) members of the council; and
(ii) any county executive, county council member, or county commissioner of a county that is covered by the management plan and that has established formal cooperating agency status with the relevant federal land management agency regarding the proposed plan.
(b) (i)Council members or local government officials receiving the documents may make recommendations to the governor or the governor's designee concerning changes to the documents before they are submitted to the federal land management agency.
(ii) Council members or local government officials shall submit recommendations to the governor or the governor's designee no later than 10 calendar days after receiving the documents under Section (7) (a).
(c) Documents transmitted or received under this Section (7) are drafts and are protected records pursuant to Subsection 63-2-304(22).
Page 6, Lines 160 through 167
House Floor Amendments
2-9-2004
160 (5) The Legislature may annually appropriate monies from the Constitutional Defense
161 Restricted Account to one or more of the following:
162 (a) the Constitutional Defense Council to carry out its duties in Section 63C-4-102 ;
163 (b) the Office of the Governor
, to be used only
for the purpose of asserting,
defending, or litigating state
164 and local government rights under R.S. 2477, in accordance with a plan developed and
165 approved as provided in Section 63C-4-104 ;
[[
or
]]
166 (c) a county or association of counties to assist counties, consistent with the purposes
167 of the council, in pursuing issues affecting the counties
[[
.
]]
or
(d) the Office of the Attorney General, to be used only for public lands counsel and assistance and litigation to the state or local governments including asserting, defending, or litigating state and local government rights under R.S. 2477 in accordance with a plan developed and approved as provided in Section 63c-4-104.
The motion passed unanimously.
Mark Walsh, Utah Association of Counties; Margaret Bird, School Trust Specialist, Utah Association of Counties; and Bob Morgan, Executive Director, DNR, spoke in support of the bill.
MOTION: Sen. Evans moved to pass H.B.206S2, as amended, out with a favorable recommendation.
The motion passed unanimously.
MOTION: Sen. Eastman moved to adjourn.
The motion passed unanimously.
Committee Chair Walker adjourned the meeting at 4:05 p.m.
Minutes reported by Saundra Maeser, Secretary