Link to Zipped WordPerfect Minutes 6K bytes

MINUTES OF THE SENATE GOVERNMENT OPERATIONS & POLITICAL SUBDIVISIONS

STANDING COMMITTEE

FEBRUARY 24, 2004, 4:00 P.M.

ROOM 403, STATE CAPITOL BUILDING



Members Present:        Sen. Carlene M. Walker, Chair                     
                Sen. Patrice Arent
                 Sen. Dan Eastman
                Sen. Beverly Evans    
                 Sen. Karen Hale
                Sen. Bill Hickman
                 Sen. Peter Knudson
        
Staff Present:             Richard North, Policy Analyst
                 Saundra Maeser, Secretary
    
Public Speakers Present:    Ed McConkie, Committee on Criminal and Juvenile Justice
                Tasman Biesinger, Utah Home Builders Association
                Steve Erickson, Utah Housing Coalition
                Bryson Garbett, President, Garbett Homes
                Eileen Moss, Fruit Heights City Council
                Jodi Hoffman, Utah League of Cities and Towns
                                    
A list of visitors is filed with the committee minutes.    

Committee Chair Walker called the meeting to order at 4:40 p.m.

1.    Approval of Minutes

     MOTION: Sen. Eastman moved to approve the minutes of February 19, 2004.

    The motion passed unanimously with Sen. Evans, Sen. Hickman, and Sen. Knudson absent at the time of voting.

2.    S.B. 218 Law Enforcement Overtime Fund (J. Evans)

    Sen. James Evans introduced the bill.

    Ed McConkie, Committee on Criminal and Juvenile Justice, spoke to the bill.

     MOTION: Sen. Eastman moved to pass S.B. 218 out with a favorable recommendation.

    The motion passed unanimously with Sen. Evans and Sen. Knudson absent at the time of     voting.




3.    H.B. 111S1 Municipal Government Amendments (W. Harper)

    Rep. Wayne Harper introduced the bill.

     MOTION: Sen. Hickman moved to adopt 2nd Sub. H.B. 111, Local Government          Amendments.

    The motion passed unanimously with Sen. Evans absent at the time of voting.

    Tasman Biesinger, Utah Home Builders Association; Steve Erickson, Utah Housing Coalition; and Bryson Garbett, President, Garbett Homes, spoke in support of the bill but desired that gross household income equal to or less than 80% be reinstated.

    Eileen Moss, Fruit Heights City Council, spoke to the bill.

    Jodi Hoffman, League of Cities and Towns spoke in support of the bill but had reservations about Page 14, Line 402.
    
     MOTION: Sen. Hale moved to amend 2nd Sub. H.B. 111 as follows:

    1.     Page 12, Line 349    After "less than" restore the bracketed language "[80% of]"

    2.    Page 14, Line 414    After "less than" restore the bracketed language "[80% of]"

    The motion passed unanimously with Sen. Evans absent at the time of voting.

     MOTION: Sen. Hickman moved to table 2nd Sub. H.B. 111, as amended.

    The motion passed unanimously with Sen. Evans absent at the time of voting.

4.    H.B. 91 Utah Administrative Rulemaking Act Amendments (W. Harper)

    Rep. Harper introduced the bill.

     MOTION: Sen. Hale moved to amend H.B. 91 as follows:

    1.     Page 5, Lines 136 through 146


             136          (b) The proposed rule shall be sent to the sponsor of cited legislation if the legislation:
             137          (i) creates an express, implied, or perceived obligation on the part of any agency to


             138      draft a rule;
             139          (ii) is cited by the agency as authority for the rule; and
             140          (iii) was enacted no more than two years prior to the date that the rule is submitted to
             141      the division.
    (c) The notifications required under Subsections (3) and (8) are intended to assist the sponsoring legislator in reviewing proposed administrative rules.
    (4)(a) An agency's lack of compliance with the notification requirements of Subsections (3) and (8) does not constitute grounds for contesting any rule.
    (b) Any concerns regarding an administrative rule may be addressed as provided in Sections 63-46a-5, 63-46a-11, 63-46a-12, and 63-46a-12.1.

             142          [(3)]
[[   (4)   ]] (5) (a) Each agency shall file its proposed rule and rule analysis with the division.

             143          (b) Rule amendments shall be marked with new language underlined and deleted
             144      language struck out.
             145          (c) (i) The division shall publish the information required under this Subsection [(3)]
             146     
[[   (4)   ]] (5) on the rule analysis and the text of the proposed rule in the next issue of the bulletin.

         renumber remaining subsections accordingly

    The motion passed unanimously with Sen. Evans absent at the time of voting.

     MOTION: Sen. Hickman moved to table H.B. 91, as amended.

    The motion passed unanimously.

     MOTION: Sen. Evans moved to adjourn.

    The motion passed unanimously.

    Committee Chair Walker adjourned the meeting at 5:02 p.m.

    Minutes reported by Saundra Maeser, Secretary



_______________________________
Sen. Carlene Walker, Committee Chair