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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. Hunsaker opened the meeting at 4:30 p.m.
MOTION: Rep. Shurtliff moved to approve the minutes of February 25, 2008. The motion passed unanimously, with Rep. Allen, Rep. Gibson, Rep. Urquhart, and Rep. Froerer absent for the vote.
H.B. 447 Government Entity Changes (Rep. K. Holdaway)
Rep. Holdaway introduced and explained the bill to the Committee, with the help of Brent Gardner, Utah Association of Counties. (handouts)
MOTION: Rep. Gibson moved to recommend H.B. 447 favorably. The motion passed unanimously, with Rep. Seelig, Rep. Urquhart, and Rep. Froerer absent for the vote.
3rd Sub. S.B. 20 Municipal Government Amendments (Sen. C. Walker) (Rep. A. Tilton)
Sen. Walker introduced and explained the bill to the Committee, with the help of Gary Crane, attorney representing Utah League of Cities and Towns. (handout)
MOTION: Rep. Gibson moved to amend 3rd Sub. S.B. 20 as follows:
1. Page 20, Line 606 :
606 (i) Subsection 10-3b-303 (2)(a), for a municipality operating under the six-member
council
2. Page 20, Line 608 :
608 (ii) Subsection 10-3b-403 (2)(a), for a municipality operating under the five-member
council
3. Page 48, Line 1480 :
1480 (ii) for a city or town
,
the [city] council of the city or town [council].
The motion passed unanimously, with Rep. Dunnigan, Rep. Urquhart, and Rep. Froerer absent for the vote.
MOTION: Rep. Shurliff moved to recommend 3rd Sub. S.B. 20 favorably as amended. The motion passed unanimously, with Rep. Dunnigan, Rep. Urquhart, and Rep. Froerer 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.
MOTION: Rep. Gibson moved to adopt 5th Sub. S.B. 25. The motion passed unanimously, with Rep. Dunnigan and Rep. Urquhart absent for the vote.
MOTION: Rep. Froerer moved to amend 5th Sub. S.B. 25 as follows:
1. Page 2, Line 38 :
38 . provides that town incorporation petitions filed before
{
the effective date of
this bill
}
January 1, 2008
2. Page 2, Lines 40 through 41 :
40 . allows petition sponsors under certain petitions filed before
{
the effective date
of this
41 bill }
January 1, 2008
to choose whether to have the initial town officers appointed
or elected.
3. Page 10, Line 297 :
297 (13) (a) For each petition filed before
{
the effective date of this
section
}
January 1, 2008
:
4. Page 10, Lines 302 through 303 :
(b) Each petition filed on or after January 1, 2008 is subject to and governed by
this section.
302
{
(b)
}
(c)
(i) As used in this Subsection (13)
{
(b)
}
(c)
, "specified
petition" means a petition
303 proposing the incorporation of a town filed before
{
the effective date of this
section
}
January 1, 2008
that is a
5. Page 11, Line 310 :
310 (B) (I) The petition sponsors shall make a choice under Subsection (3)
{
(b)
}
(c)
(ii)(A) by
6. Page 11, Line 317 :
317 (13)
{
(b)
}
(c)
(ii)(B)(I).
7. Page 13, Line 395 through Page 14, Line 400 :
395 the date of veto override.
396
{
Section 6. Revisor instructions.
397 It is the intent of the Legislature that the Office of Legislative Research and General
398 Counsel, in preparing the Utah Code database for publication, replace the phrase "the effective
399 date of this section" in Subsection 10-2-125 (13) of this bill with the actual effective date of this
400 bill. }
The motion passed unanimously, with Rep. Dunnigan and Rep. Urquhart absent for the vote
Spoke to the bill: Mike Mower, State Planning Coordinator
MOTION: Rep. Shurtliff moved to recommend 5th Sub. S.B. 25 favorably, as amended. The motion passed unanimously, with Rep. Dunnigan and Rep. Urquhart absent for the vote.
S.B. 177 Local Government Disposal of Real Property Acquired by Exaction (Sen. W. Niederhauser) (Rep. M. Morley)
Sen. Niederhauser introduced and explained the bill to the Committee.
MOTION: Rep. Gibson moved to amend S.B. 177 as follows:
1. Page 1, Lines 14 through 17
Senate Committee Amendments
2-5-2008 :
14 . extends from five years to
{
S. [15] 25 .S
}
15
years the period of time
that a county or
14a municipality
15 may own surplus real property acquired by exaction in order for the county or
16 municipality to be subject to a requirement that the county or municipality offer to
17 reconvey the property to the original owner.
2. Page 2, Lines 36 through 39
Senate Committee Amendments
2-5-2008 :
36 (2) (a) If a municipality plans to dispose of surplus real property that was acquired
37 under this section and has been owned by the municipality for less than [
{
S. [15]
25 .S
}
15
years,
37a the
38 municipality shall first offer to reconvey the property, without receiving additional
39 consideration, to the person who granted the property to the municipality.
3. Page 2, Lines 54 through 57
Senate Committee Amendments
2-5-2008 :
54 (2) (a) If a county plans to dispose of surplus real property under Section 17-50-312
55 that was acquired under this section and has been owned by the county for less than [
{
S. [15]
55a 25 .S }
15
56
years, the county shall first offer to reconvey the property, without receiving additional56
57 consideration, to the person who granted the property to the county.
The motion passed unanimously, with Rep. Dunnigan, Rep. Greenwood, Rep. Urquhart, and Rep. Froerer absent for the vote.
Spoke to the bill: Lincoln Shurtz, Utah League of Cities and Towns
MOTION: Rep. Gibson moved to recommend S.B. 177 favorably as amended. The motion passed unanimously, with Rep. Dunnigan and Rep. Urquhart absent for the vote.
MOTION: Rep. Seelig moved to adjourn the meeting. Rep. Hunsaker called the meeting to a close at 5:40 p.m.
___________________________
Rep. Fred R Hunsaker, Chair