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MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
ROOM W010, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
February 12, 2008



MEMBERS PRESENT:    Rep. Glenn A. Donnelson, Chair
        Rep. John G. Mathis, Vice Chair
        Rep. Douglas C. Aagard
        Rep. Ron Bigelow        
        Rep. DeMar "Bud" Bowman
        Rep. Lorie D. Fowlke
        Rep. Keith Grover
        Rep. Neil A. Hansen
        Rep. Neal B. Hendrickson
        Rep. Eric K. Hutchings
        Rep. Curt Oda
        Rep. Larry B. Wiley                    
        
MEMBERS ABSENT:    Rep. Ron Bigelow
        
STAFF PRESENT:    Benjamin N. Christensen, Policy Analyst
        Karen Mitchell, Committee Secretary

Note:    A list of visitors and copy of handouts are filed with committee minutes.

Rep. Donnelson called the meeting to order at 8:34 a.m.

MOTION:    Rep. Hendrickson moved to approve the minutes of the February 7, 2008 meeting.
The motion passed unanimously with Rep. Hutchings, and Rep. Wiley absent for the vote.

H.C.R. 4    Concurrent Resolution Encouraging Congressional Action to Designate a New Recipient of Royalties from Navajo Reservation Lands in Utah (Rep. D. Clark)

Rep. D. Clark explained the bill to the committee and distributed a handout.

Spoke to the bill:    Tani Downing, General Counsel for the Governor

Spoke against the bill:    David Irvine, Attorney
                Susan Rose, Attorney, distributed a handout
                Brian Barnard, Attorney

MOTION:    Rep. Mathis moved to pass the bill out favorably. The motion passed unanimously with Rep. Wiley absent for the vote.



H.B. 352    Amendments Related to Monies Derived from Navajo Nation Reservation
        Lands in Utah (Rep. D. Clark)

MOTION:    Rep. Mathis moved to amend the bill as follows:

1.    Page 8, Lines 223 through 226 :    

             223          (i) beginning on the effective date of this bill, take an action that imposes or may
             224      impose a liability or obligation described in Subsection (1)(d) that is:
             225          (A) anticipated to be completed on or after January 1,
{   2009   }        2010       ; or

             226          (B) equal to or greater than $100,000;

2.    Page 9, Lines 267 through 269 :    

             267          (4) (a) By no later than May 5, 2008 the repealed board of trustees shall:
             268          (i) adopt a list of all
{   liabilities or obligations   }        related assets and liabilities       of the repealed trust fund that are not

             269      satisfied by May 5, 2008;

3.    Page 9, Line 275 through Page 10, Line 280 :    

             275          (b) The state auditor, in addition to completing its Fiscal Year 2007-2008 audit of the
             276      repealed Navajo Trust Fund, shall:
             277          (i)
{   conduct an inventory   }        verify the list       of the related assets and liabilities of the repealed Navajo

             278      Trust Fund
{   to be completed   }        adopted by the repealed board of trustees under Subsection (4)(a)       by no later than June 30, 2008; and

             279          (ii) provide a written copy of the
{   inventory   }        verification       to the governor and the Legislature by no

             280      later than July 30, 2008.

4.    Page 10, Line 301 through Page 11, Line 310 :    

             301      fixed asset is not required by a lease to maintain a fixed asset;
{   and   }

             302          (d) through the Division of Facilities Construction and Management, take those steps
             303      necessary to secure the purchase:
             304          (i) of the following that is owned by the repealed Navajo Trust Fund as of May 5,
             305      2008:


             306          (A) the government service building; or
             307          (B) another fixed asset of the repealed Navajo Trust Fund, if the sale of the fixed asset
             308      is consistent with the obligations of the state with regard to the Utah Navajo royalties; and
             309          (ii) (A) in an arms length manner; and
             310          (B) so that fair market compensation is paid to the repealed Navajo Trust Fund
  ; and

(e) charge the fund established under Subsection (2)(a) for the expenses that are necessary and reasonable to comply with the requirements of this Subsection (7)  
.


The motion passed unanimously with Rep. Wiley absent for the vote.

MOTION:    Rep. Aagard moved to pass the bill out favorably as amended. The motion passed unanimously.

H.C.R. 6    Concurrent Resolution Honoring the Life and Contributions of President Gordon B. Hinckley (Rep. M. Morley)

Rep. Morley explained the bill to the committee.

MOTION:    Rep. Grover moved to pass the bill out favorably. The motion passed unanimously.

MOTION:    Rep. Oda moved to place the bill on the consent calendar. The motion failed with
        Rep. Wiley voting in opposition.

H.B. 110    Crime of Discharging a Dangerous Weapon or Firearm Within a Municipality (Rep. N. Hansen)

Rep. Hansen explained the bill to the committee.

Spoke against the bill:    Dalane England, Citizen

MOTION:    Rep. Grover moved to table the bill.

SUBSTITUTE
MOTION:    Rep. Hendrickson moved to proceed to the next agenda item. The motion failed
        with Rep. Hansen, Rep. Hendrickson, Rep. Hutchings, and Rep. Wiley voting in the affirmative. Rep. Fowlke was absent for the vote.


The original motion to table the bill passed with Rep. Hansen, Rep. Hendrickson, Rep. Hutchings, and Rep. Wiley voting in opposition. Rep. Fowlke was absent for the vote.

H.B. 357    Public Associations Subject to Government Records Access and Management Act (Rep. M. Noel)

Rep. Noel explained the bill to the committee.

Spoke to the bill:    Brent Gardner, Utah Association of Counties

MOTION:    Rep. Bowman moved to pass the bill out favorably. The motion passed unanimously with Rep. Fowlke absent for the vote.

MOTION:    Rep. Wiley moved to place the bill on the consent calendar. The motion failed with Rep. Aagard voting in opposition.

MOTION:    Rep. Bowman moved to adjourn. The motion passed unanimously with Rep. Fowlke absent for the vote.

Rep. Donnelson adjourned the meeting at 9:51 a.m.

    





                    __________________________
                    Rep. Glenn Donnelson, Chair