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February 7, 2007
MEMBERS PRESENT: Rep. John Dougall, Chair
Rep. Craig A. Frank, Vice Chair
Rep. Roger Barrus
Rep. Ron Bigelow
Rep. Tim M. Cosgrove
Rep. Wayne A. Harper
Rep. Gregory H. Hughes
Rep. Christine Johnson
Rep. Bradley G. Last
Rep. Roz McGee
Rep. Carol Spackman Moss
Rep. Merlynn T. Newbold Rep. Aaron Tilton
Rep. Carl Wimmer
MEMBERS ABSENT: Rep. Gordon E. Snow
STAFF: Bryant Howe, Assistant Director
Rosemary Young, Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Dougall called the meeting to order at 2:01 p.m. Commissioner Pam Hendrickson of the Utah State Tax Commission at the chair's request explained that the "TC 23" is a monthly report from the tax commission of all the revenues collected by category, YTD collections and a comparison to last year. The report can be found on the web site tax.utah.gov.
MOTION: Rep. Johnson moved to approve the corrected minutes of the February 5, 2007 meeting. The motion passed unanimously.
H.B. 142 Fee in Lieu of Property Tax Amendments (Rep. R. Wheeler)
MOTION: Rep. Harper moved to delete in title and body H.B. 142 and replace it with 1st Substitute H.B. 142. The motion passed unanimously with Rep. Bigelow, Rep. Hughes, Rep. Last, Rep. Moss, Rep. Newbold, and Rep. Wimmer absent for the vote.
Rep. Wheeler introduced the bill and explained it to the committee. Roger Tew, Utah League of Cities and Towns, spoke to the bill.
MOTION: Rep. McGee moved to transmit 1st Sub. H.B. 142 with a favorable recommendation.
The motion passed unanimously with Rep. Bigelow, Rep. Hughes, Rep. Last, Rep. Moss, Rep. Newbold, and Rep. Wimmer absent for the vote.
MOTION: Rep. Cosgrove moved that 1st Sub. H.B. 142 be place on the consent calendar. The motion passed unanimously with Rep. Bigelow, Rep. Hughes, Rep. Last, Rep. Moss, Rep. Newbold, and Rep. Wimmer absent for the vote.
3rd Sub. H.B. 122 Clean Air and Efficient Vehicle Tax Credit (Rep. R. McGee)
MOTION: Rep. McGee moved to delete in title and body 3rd Substitute H.B. 122 and replace it with 4th Substitute H.B. 122.
SUBSTITUTE
MOTION: Rep. Harper moved to delete in title and body 3rd Substitute H.B. 122 and replace it with 4th Substitute H.B. 122 with the following amendments:
1. Page 1, Line 2: Delete "CREDIT" and insert "INCENTIVES"
2. Page 7, Line 199: After "January 1," bracket "2001" and insert "2008"
3. Page 11, Line 306: After "January 1," bracket "2001" and insert "2008"
The motion passed unanimously with Rep. Bigelow, Rep. Last, and Rep. Newbold, absent for the vote.
Rep. McGee explained the fourth substitute to the committee.
MOTION: Rep. Frank moved to transmit 4th Sub. H.B. 122 as amended with a favorable recommendation. The motion passed unanimously with Rep. Bigelow, Rep. Last, and Rep. Newbold absent for the vote.
H.B. 393 Truth in Bonding (Rep. G. Hughes)
Rep. Hughes introduced the bill and explained it to the committee. LeGrand Bitter, Director, Utah Association of Special Districts, spoke to the bill.
MOTION: Rep. Wimmer moved to transmit H.B. 393 with a favorable recommendation. The motion passed unanimously with Rep. Bigelow absent for the vote.
H.B. 308 Tax Me More Fund (Rep. G. Hughes)
MOTION: Rep. Hughes moved to amend H.B. 308 as follows:
1. Page 1, Line 1 :
1
- VOLUNTARY CONTRIBUTION TO PUBLIC
2. Page 1, Lines 23 through 24 :
23 . requires the State Tax Commission to determine annually the contributions to the
24 Tax Me More Fund and deposit those contributions into the Tax Me More Fund;
. requires contributions credited to the Tax Me More Fund to be
deposited into the Uniform School Fund;
3. Page 2, Line 42 :
42 59-10-550.3. Tax Me More Fund -- Interest -- Contribution to fund
-- Deposit of
contributions into the Uniform School Fund
.
4. Page 3, Lines 71 through 75 :
71 (7) The commission shall:
72 (a) determine annually the total amount of contributions designated in accordance with
73 this section; and
74 (b) credit the amount described in Subsection (7)(a) to the Tax Me More Fund created
75 by this section.
(8) Amounts credited to the Tax Me More Fund shall be deposited into the
Uniform School Fund.
The motion passed unanimously with Rep. Bigelow absent for the vote.
Rep. Hughes introduced the amended bill and explained it to the committee. Sarah Wilhelm, Voices for Utah Children, spoke to the bill. During the discussion Rep. Dougall relinquished the chair to Rep. Frank.
MOTION: Rep. Harper moved to transmit H.B. 308 as amended with a favorable recommendation.
SUBSTITUTE
MOTION: Rep. Cosgrove moved to hold the bill in committee. The motion failed with Rep. Barrus, Rep. Bigelow, Rep. Cosgrove, Rep. Johnson, Rep. Last, Rep. McGee, and Rep. Moss voting in favor.
SUBSTITUTE
MOTION: Rep. McGee moved to proceed to the next item on the agenda. The motion failed with Rep. Bigelow, Rep. Cosgrove, Rep. Johnson, Rep. Last, Rep. McGee, and Rep. Moss voting in favor.
SUBSTITUTE
MOTION: Rep. Bigelow moved to amend the bill as follows:
5. Page 2, Line 1: After "MORE" insert "FOR EDUCATION"
6. Page 2, Line 44: After "More" insert "for Education"
7. Page 2, Line 45: After "More" insert "for Education"
8. Page 2, Line 48: After "Interest earned on the Tax Me More" insert "for Education"
9. Page 2, Line 49: At the beginning of line 49 insert "for Education"
10. Page 2, Line 53: After "More" insert "for Education"
11. Page 3, Line 74: After "More" insert "for Education"
The motion passed with Rep. Cosgrove voting in opposition.
MOTION: Rep. Barrus moved to transmit H.B. 308 as amended with a favorable recommendation. The motion passed with Rep. Cosgrove, Rep. Johnson, Rep. Last, Rep. McGee, and Rep. Moss voting in opposition.
Rep. Dougall resumed the chair.
H.B. 158 Amendments to Transportation Provisions (Rep. W. Harper)
MOTION: Rep. Harper moved to delete in title and body H.B. 158 and replace it with 1st Substitute H.B. 158. The motion passed unanimously with Rep. Hughes, Rep. Last, Rep. McGee, and Rep. Tilton absent for the vote.
Rep. Harper introduced the bill and explained it to the committee. The following individuals spoke against the bill:
Brian Bremner Garfield County Engineer
John Hill Utah Petroleum Marketers and Retailers Association
The following individuals spoke to the bill:
Lee Peacock Utah Petroleum Association
Michael Jensen Salt Lake County Council, Wasatch Front Regional Council
Shelly Cordon-Teuscher Tesoro
Barbara Thomas Salt Lake County Council of Goverments
Brent Gardner Utah Association of Counties
David Creer Utah Trucking Association
Steve White Utah County Commission
The following individuals spoke for the bill:
Chip Dawson City of South Jordan
Chuck Chappell Wasatch Front Regional Council
MOTION: Rep. Frank moved to amend H.B. 158 as follows:
1. Page 1, Lines 23 through 25 :
23 . provides that
beginning on July 1, 2009 until December 31, 2018,
the
motor fuel and special fuel tax rate shall be increased
{
or decreased
}
by
2 cents
24 every two years
in the odd numbered year
{
based on the actual percentage
change in the consumer price index
25 over the previous two calendar years } ;
2. Page 14, Lines 412 through 420 :
412 (c) (i) Beginning on or after January 1, 2009
and until December 31, 2018
, the
commission shall, every two years in
413 the odd
numbered
year, increase
{
or decrease
}
the rate imposed under
Subsection (1)(a) by
{
an amount equal
414 to the actual percentage change in the Consumer Price Index during the previous two calendar
415 years rounded up to the nearest half penny }
2 cents
.
416
{
(ii) For purposes of Subsection (1)(c)(i), the commission shall calculate the
Consumer
417 Price Index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
418 (iii) }
(ii)
The adjusted fuel tax rate shall take effect on January 1 in a year
that the fuel tax
419 rate is required to be adjusted in accordance with Subsection (1)(c)(i).
420
{
(iv)
}
(iii)
In accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act,
The motion passed with Rep. Cosgrove, Rep. Johnson, Rep. McGee, and Rep. Moss voting in opposition; and Rep. Bigelow, Rep. Hughes, Rep. Last, and Rep. Tilton absent for the vote.
MOTION: Rep. Wimmer moved to amend 1st Sub. H.B. 158 as follows:
3. Page 2, Lines 31-32: Delete lines 31-32
4. Page 3, Line 57: Delete line 57
5. Page 25, Lines 764-769: Delete lines 764-769
6. Page 26, Lines 770-800: Delete lines 770-800
7. Page 27, Lines 801-831: Delete lines 801-831
8. Page 28, Lines 832-839: Delete lines 832-839
And renumber the remaining sections accordingly
The motion passed unanimously with Rep. Bigelow, Rep. Last, Rep. Moss, and Rep. Tilton absent for the vote.
MOTION: Rep. Wimmer moved to transmit 1st Sub. H.B. 158 as amended with a favorable recommendation. The motion passed with Rep. Cosgrove, Rep. Johnson, and Rep. McGee voting in opposition.
H.B. 141 Health Insurance and Health Care Payment Amendments (Rep. B. Daw)
Rep. Daw introduced the bill and explained it to the committee. The following individuals spoke to the bill:
Kelly Atkinson Utah Health Insurance Association
Dave Gessel Utah Hospital Association
Paul Mero Sutherland Institute
Brad Kinhousen Utah Association of Health Underwriters
The following individuals spoke against the bill:
Judy Hillman Utah Health Policy Project (handout)
Gayle Ruzicka Eagle Forum
The chair proceeded to the next item on the agenda.
H.B. 238 Municipal Telecommunications License Tax Amendments (Rep. W. Harper)
Rep. Harper introduced the bill and explained it to the committee.
MOTION: Rep. Frank moved to transmit H.B. 238 with a favorable recommendation. The motion passed unanimously with Rep. Bigelow, Rep. Hughes, Rep. Moss, Rep. Newbold, and Rep. Tilton absent for the vote.
MOTION: Rep. Wimmer moved to adjourn. The motion passed unanimously with Rep. Bigelow, Rep. Hughes, Rep. Moss, Rep. Newbold, and Rep. Tilton absent for the vote.
Rep. Dougall adjourned the meeting at 4:53 p.m.
__________________________
Rep. John Dougall, Chair