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MEMBERS PRESENT: Rep. Fred R Hunsaker, Chair
Rep. Gage Froerer, Vice Chair
Rep. Sheryl L. Allen
Rep. Rebecca Chavez-Houck
Rep. James A. Dunnigan
Rep. Kerry W. Gibson
Rep. Richard A. Greenwood
Rep. Jennifer M. Seelig
Rep. LaWanna Lou Shurtliff
Rep. R. Curt Webb
MEMBERS ABSENT: Rep. Stephen H. Urquhart
STAFF PRESENT: Joseph Wade, Policy Analyst
Doris Donat, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Froerer opened the meeting at 8:08 a.m.
MOTION: Rep. Dunnigan moved to approve the minutes of February 19, 2008. The motion passed unanimously, with Rep. Allen, Rep. Gibson, Rep. Seelig, Rep. Shurtliff, and Rep. Urquhart absent for the vote.
MOTION: Rep. Hunsaker moved that HB 418 be returned to Rules as per the sponsor's request. The motion passed unanimously with Rep. Allen, Rep. Gibson, Rep. Seelig, Rep. Shurtliff, and Rep. Urquhart absent for the vote.
4th Sub. H.B. 164 Town Incorporation Process Amendments (Rep. M. Brown)
Rep. Brown introduced and explained the bill to the Committee.
MOTION: Rep. Hunsaker moved to amend the bill as follows:
1. Page 5, Line 136 :
136 certification under Subsection
2. Page 8, Lines 227 through 229 :
227 (i) at any time until the county clerk certifies the petition under Subsection
228 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
(i) to each owner of private real property owning more than 1% of the assessed value of all private real property within the area proposed to be incorporated as a town; and
(ii) within seven calendar days after the date on which the petition is filed.
(b) A private real property owner described in Subsection (5)(a)(i) may exclude all or part of the owner's property from the area proposed to be incorporated as a town by filing a notice of exclusion:
(i) with the county clerk; and
(ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
(c) The county legislative body shall exclude from the area proposed to be incorporated as a town the property identified in the notice of exclusion under Subsection (5)(b) if exclusion will not leave an unincorporated island within the proposed town.
(d) If the county legislative body excludes property from the area proposed to be incorporated as a town, the county legislative body shall send written notice of the exclusion to the contact sponsor within five days after the exclusion.
229
3. Page 9, Line 245 :
245
4. Page 9, Lines 249 through 251 :
249 under Subsection
250 (b) If a petition is amended and refiled under Subsection
251 rejected by the county clerk under Subsection
5. Page 9, Line 255 :
255 [
6. Page 9, Line 257 :
257 upon the petition being certified under Subsection
7. Page 9, Line 267 :
267 incorporation of a town and hold an election for town officers, as provided in Subsection
8. Page 9, Line 270 :
270 (A) the county clerk has certified the petition under Subsection
9. Page 9, Line 272 :
272 under Subsection
10. Page 10, Line 279 :
279 the petition under Subsection
11. Page 10, Line 281 :
281 commissions a financial feasibility study under Subsection
12. Page 10, Line 286 :
286 (A) deny the petition, subject to Subsection
13. Page 10, Line 289 :
289 Subsection
14. Page 10, Lines 298 through 299 :
298 provided in Subsection
299 (ii) A county legislative body intending to deny a petition under Subsection
(7)
}
(8)
(c)(i)(A)
15. Page
10, Line 304
:
304
(7)
}
(8)
(c)(i)(C)(I) shall comply with those conditions.
16. Page
11, Line 308
:
308
(8)
}
(9)
(a) The legislative body of the county in which the proposed new
town is located
17. Page
11, Line 311
:
311
Subsection
(7)
}
(8)
within:
18. Page
11, Line 313
:
313
(7)
}
(8)
(b)(i)(B)(II) or
{
(7)
}
(8)
(b)(ii);
19. Page
11, Line 315
:
315
feasibility study, for an election under Subsection
(7)
}
(8)
(b)(i)(B)(I); or
20. Page
11, Lines 317 through 318
:
317
feasibility study, for an election under Subsection
(7)
}
(8)
(c).
318
(b) The officers elected at an election under Subsection
(8)
}
(9)
(a) shall take
office:
21. Page
11, Line 322
:
322
incorporation under Subsection
(11)
}
(12)
, if the election of officers is held on any
other date.
22. Page
11, Line 325
:
325
[(7)]
(9)
}
(10)
Each newly incorporated town shall operate under the
[six-member]
23. Page
11, Line 327
:
327
[(8)]
(10)
}
(11)
(a) [Each mayor appointed under Subsection (6) shall,
within] Within seven
24. Page
11, Line 329
:
329
(8)
}
(9)
, the mayor-elect of the new town shall file at least three copies of the
articles of
25. Page
12, Line 337
:
337
(11)
}
(12)
A new town is incorporated:
26. Page
12, Line 340
:
340
Subsection
(8)
}
(9)
is held on a regular general or municipal general election date;
or
27. Page
12, Lines 343 through 344
:
343
officers under Subsection
(8)
}
(9)
is held on any other date.
344
(12)
}
(13)
For each petition filed before the effective date of this section:
28. Page
13, Line 379
:
379
10-2-125
(8)
}
(9)
.
29. Page
13, Line 392
:
392
10-2-125
(8)
}
(9)
, on any date that complies with the requirements of that
subsection.
30. Page
15, Lines 430 through 431
:
430
date of this section" in Subsection
10-2-125
(12)
}
(13)
of this bill with the actual
effective date of this
431
bill.
The motion passed unanimously with Rep. Dunnigan and Rep. Urquhart absent for the vote.
MOTION: Rep. Hunsaker moved to recommend 4th Sub. H.B. 164 favorably, as amended.
SUBSTITUTE
MOTION: Rep. Shurtliff moved to amend the bill as follows:
1. Page
2, Lines 26 through 28
:
26
. allows a county legislative body
in a first or second class county
}
the
option whether
27
28
of a town and provides a process for commissioning a financial feasibility study;
2. Page
9, Lines 255 through 260
:
255
[(5)] (7) (a) (i) The legislative body of [each] a county
of the first or second
class
}
with
256
which a [base] petition is filed under [this section shall] Subsection (4) may, at its option and
257
upon the petition being certified under Subsection (5), commission and pay for a financial
258
feasibility study [as provided in Section
10-2-103
].
259
(ii) If the legislative body
of a county of the first or second class
}
chooses to
260
commission a financial feasibility study, the county legislative body shall:
3. Page
9, Lines 266 through 273
:
266
[(ii) If ] (b) The county legislative body shall approve a petition proposing the
267
incorporation of a town and hold an election for town officers, as provided in Subsection (8),
268
if:
269
(i) in a county of the first or second class:
}
270
(A)
}
(i)
the county clerk has certified the petition under Subsection (5); and
271
(B) (I) (Aa)
}
(ii) (A) (I)
the county legislative body has commissioned a
financial feasibility study
272
under Subsection (7)(a); and
273
(Bb)
}
(II)
the results of the financial feasibility [study under Subsection
(5)(a)(i) meet the
4. Page
10, Lines 277 through 280
:
277
(II)
}
(B)
the county legislative body chooses not to commission a feasibility
study
{
; or
278
(ii) in a county of the third, fourth, fifth, or sixth class, the county clerk has
certified
279
the petition under Subsection (5)
}
.
280
[(iii) If] (c) (i) If the legislative body of a county
of the first or second class
}
5. Page
11, Lines 312 through 315
:
312
(i) 45 days after the petition is certified, for an election under Subsection
313
(7)(b)
(i)
}
(ii)
(B)
{
(II) or (7)(b)(ii)
}
;
314
315
feasibility study, for an election under Subsection (7)(b)
(i)(B)(I)
}
(ii)(A)
; or
The motion passed with Rep. Greenwood voting in opposition, and Rep. Seelig and Rep. Urquhart
absent for the vote.
Spoke to the bill: Adam Trupp, Utah Association of Counties
Jim Haley, citizen
Steven Clark, citizen
Carl Fisher, Citizens Committee Representative to Save our Canyons
Val Draper, Wasatch County Council
Darla VanZeben, President, Wolf Creek Subdivision #1 Homeowner Association
MOTION: Rep. Shurtliff moved to recommend 4th Sub. H.B. 164 favorably as amended. The
vote was unanimous, with Rep. Seelig and Rep. Urquhart absent for the vote.
3rd Sub. S.B. 25 Municipal Incorporation Amendments (Sen. D. Stowell) (Rep. M. Brown)
Sen. Stowell introduced and explained the bill to the Committee. The Committee asked questions of
Robert H. Rees, Office of Legislative Research and General Counsel.
MOTION: Rep. Gibson moved that the Committee move to the next item on the agenda. The
motion passed unanimously, with Rep. Seelig and Rep. Urguhart absent for the vote.
H.B. 422 Political Subdivision Clerk Amendments (Rep. M. Newbold)
Rep. Newbold introduced and explained the bill to the Committee, with the help of Robert Wall, South
Jordan City.
MOTION: Rep. Dunnigan moved to adopt 1st Sub. H.B. 422. The motion passed unanimously,
with Rep. Gibson, Rep. Seelig, Rep. Shurtliff, and Rep. Urquhart absent for the vote.
MOTION: Rep. Hunsaker moved that the Committee move to the next item on the agenda. The
motion passed unanimously, with Rep. Seelig and Rep. Urquhart absent for the vote.
H.B. 405 Amendments to City or Town Sales and Use Tax to Fund Botanical, Cultural,
Recreational, and Zoological Organizations or Facilities (Rep. S. Sandstrom)
Rep. Sandstrom introduced and explained the bill to the Committee, with the help of Greg Stevens,
Orem City, and Craig Peterson, Orem City.
Spoke to the bill: Royce Van Tassell, Vice-President, Utah Taxpayers Association
Lincoln Shurtz, Utah League of Cities and Towns
MOTION: Rep. Shurtliff moved to recommend H.B. 405 favorably. The motion passed, with Rep.
Dunnigan voting in opposition, and Rep. Seelig and Rep. Urquhart absent for the vote.
H.B. 418 Physician Education Admissions (Rep. B. Last)
This bill was returned to the Rules Committee as previously moved.
H.B. 440 Modifications to Government Law (Rep. L. Fowlke)
Rep. Fowlke introduced and explained the bill to the Committee, with the help of Steve White, Utah
County Commissioner.
MOTION: Rep. Gibson moved to recommend H.B. 440 favorably. The motion passed
unanimously, with Rep. Allen, Rep. Seelig and Rep. Urquhart absent for the vote.
MOTION: Rep. Gibson moved to place H.B. 440 on the Consent Calendar. The motion passed
unanimously, with Rep. Allen, Rep. Seelig and Rep. Urquhart absent for the vote.
1st Sub. S.B. 53 Use of Initiative and Referendum for Administrative Land Use and Zoning
Matters (Sen. B. Goodfellow) (Rep. K. Garn)
Sen. Goodfellow introduced and explained the bill to the Committee.
Spoke to the bill: Lincoln Shurtz, Utah League of City and Towns
Sharon Holmstrom, citizen
Mike Ostermiller, Utah Realtor Association
MOTION: Rep. Dunnigan moved to recommend 1st Sub. S.B. 53 favorably. The motion passed
unanimously, with Rep. Seelig, and Rep. Urquhart absent for the vote.
1st Sub. S.B. 54 Initiative and Referendum Petition Amendments (Sen. B. Goodfellow) (Rep.
K. Garn)
This bill was not considered.
2nd Sub. S.B. 20 Municipal Government Amendments (Sen. C. Walker) (Rep. A. Tilton)
This bill was not considered.
S.B. 177 Local Government Disposal of Real Property Acquired by Exaction (Sen. W.
Niederhauser) (Rep. M. Morley)
This bill was not considered.
MOTION: Rep. Hunsaker moved to adjourn the meeting. The motion passed unanimously. Rep.
Froerer called the meeting to close at 10:02 a.m.
___________________________
Rep. Fred R Hunsaker, Chair