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HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
ROOM W010, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
January 26, 2006
Rep. Gregory H. Hughes, Vice Chair
Rep. DeMar "Bud" Bowman
Rep. Stephen D. Clark
Rep. Neil B. Hansen
Rep. Neal B. Hendrickson
Rep. Eric K. Hutchings
Rep. John G. Mathis
Rep. Aaron Tilton
Rep. Mark Wheatley
MEMBERS ABSENT: Rep. Craig W. Buttars
STAFF PRESENT: Benjamin N. Christensen, Managing Policy Analyst
Carrie Griffith, Committee Secretary
Note: A list of visitors and copy of handouts are filed with committee minutes.
Rep. Aagard called the meeting to order at 8:15 a.m.
MOTION: Rep. Bowman moved to approve the minutes of the January 24, 2006 meeting. The motion passed unanimously with Rep. Clark, Rep. Mathis, Rep. Tilton, and Rep. Hughes absent for the vote.
Rep. Aagard relinquished the chair to Rep. Bowman.
H.B. 12 Amendments to Government Records Access and Management Act (Rep. D. Aagard)
Rep. Aagard explained the bill to the committee.
MOTION: Rep. Hughes moved to amend the bill as follows:
1. Page 5, Line 146 through Page 6, Line 152:
146 (15) "Legislative body" means
147 (a) } the Legislature
148 (b) a county legislative body as defined in Subsection 68-3-12 (2);
149 (c) a city council or town council in the traditional management arrangement
150 established by Title 10, Chapter 3, Part 1, Governing Body; or
151 (d) a municipal council in the council-mayor or council-manager optional forms of
152 government defined in Section 10-3-101 } .
The motion to amend passed, with Rep. Hutchings voting in opposition. Rep. Tilton was absent for the vote.
MOTION: Rep. Hughes moved to pass the bill out favorably, as amended. The motion passed unanimously, with Rep. Tilton absent for the vote.
H.B. 28 Access and Fee Amendments to Government Records Access and Management Act (Rep. D. Aagard)
Rep. Aagard explained the bill to the committee.
Spoke to the bill: Gary Ott, Salt Lake County Recorder
Spoke against the bill: Paul Newton, Backman Title, Utah Land Title Association
Jeff Hunt, Attorney; Utah Media Coalition
Steve Emmert, Reed Elsevier/Lexis Nexis
MOTION: Rep. Clark moved to amend the bill as follows:
1. Page 7, Lines 184 through 186 :
184 (iii) This Subsection (2)(d) does not apply if:
(I) the requestor of records is a governmental entity; and
the records are used for the benefit of the public
(B) the requestor of records demonstrates that release of the records primarily benefits the public rather than the person requesting the records
2. Page 18, Lines 544 through 551 :
unless otherwise classified as public under Section 63-2-301, an individual's home address, home telephone number, or personal mobile phone
545 number, if:
546 (a) the individual is required to provide the information in order to comply with a law,
547 ordinance, rule, or order of a government entity; and
548 (b) the subject of the record has a reasonable expectation that this information will be
549 kept confidential due to:
550 (i) the nature of the law, ordinance, rule, or order; and
551 (ii) the individual complying with the law, ordinance, rule, or order.
The motion to amend passed unanimously, with Rep. Tilton absent for the vote.
MOTION: Rep. Tilton moved to amend the bill as follows:
1. Page 2, Lines 36 through 40 :
a governmental entity to charge additional fees
above the actual costs as
37 determined by the governmental entity's executive officer, for requests from
38 nongovernmental entities for a series of records if the records are provided in an
39 electronic spreadsheet format, in an electronic database format, or for the purpose of
40 resale of the records;
2. Page 6, Lines 178 through 181 :
178 (ii) The additional fees under this section:
179 (A) shall be reasonable;
180 (B) may
not include charges above the actual costs to fill the request;
181 (C) are exempt from the limitations provided under Subsections (2)(b) and (c); and
The motion to amend passed, with Rep. Bowman, Rep. Clark, Rep. Mathis and Rep. Aagard voting in opposition.
MOTION: Rep. Hutchings moved to pass the bill out favorably, as amended. The motion passed, with Rep. Hansen, Rep. Hendrickson and Rep. Wheatley voting in opposition.
1st Sub. H.B. 115 Salary of the Lieutenant Governor (Rep. L. Christensen)
Rep. Christensen explained the bill to the committee.
MOTION: Rep. Hutchings moved to pass the bill out favorably. The motion passed, with Rep. Hendrickson voting in opposition. Rep. Hansen was absent for the vote.
H.B. 251 Development Grants for Libraries (Rep. M. Noel)
Rep. Noel explained the bill to the committee.
Spoke for the bill: Jim Cooper, Salt Lake County Library
Dan Barr, Murray Public Library
Spoke to the bill: Donna Morris, State Librarian
MOTION: Rep. Bowman moved to pass the bill out favorably. The motion passed unanimously.
MOTION: Rep. Hughes made a motion to adjourn the meeting. The motion passed unanimously.
Rep. Aagard adjourned the meeting at 10:00 a.m.
Rep. Douglas C. Aagard, Chair