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MINUTES OF THE

HOUSE REVENUE AND TAXATION

STANDING COMMITTEE

Room 445 - State Capitol, State Capitol Complex


                     January 29, 2009

MEMBERS PRESENT:     Rep. Todd Kiser, Chair
                Rep. Gage Froerer, Vice Chair
                Rep. Sheryl Allen                
                Rep. Tim M. Cosgrove
                 Rep. John Dougall                      
                 Rep. Susan Duckworth
                Rep. Julie Fisher
                Rep. Wayne Harper                 
                Rep. Greg Hughes
                 Rep. Eric Hutchings
                Rep. Christine Johnson
                Rep. Carol Spackman Moss                          
                 Rep. Merlynn T. Newbold                         
                Rep. Stephen Sandstrom                 
                Rep. Evan Vickers
                                 
MEMBERS ABSENT:     Rep. Jennifer Seelig                 
            
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. Froerer called the meeting to order at 8:10 a.m.

MOTION:    Rep. Newbold moved to approve the minutes of the January 27, 2009 meeting. The motion passed unanimously with Rep. Allen, Rep. Fisher, Rep. Harper, Rep. Hughes, Rep. Moss, and Rep. Sandstrom absent for the vote.

Rep. Froerer relinquished the chair to Rep. Kiser.

H.B. 67    Public Hearings on Property Tax Increases (Rep. G. Froerer)

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

1.    Page 10, Lines 281 through 282 :    

             281          (5) (a) A county auditor shall by no later than 30 days
{   of   }        from       the day on which the last

             282      publication of the information required by Subsection (3)(a) is made:



The motion passed unanimously with Rep. Allen, Rep. Fisher, Rep. Harper, Rep. Hughes, and Rep. Moss absent for the vote.

MOTION:    Rep. Froerer moved to further amend the bill as follows:

1.    Page 3, Lines 68 through 72 :    

             68          (3) The form of the advertisement required by this section shall meet the size, type,
             69      placement, and frequency requirements established under Section 59-2-919 and shall be
             70     
{   [   } substantially      {   ]   } as follows:

             71     
"NOTICE OF PROPOSED TAX INCREASE

             72     
(NAME OF TAXING ENTITY)


2.    Page 6, Lines 173 through 175 :    

             173          (3) The form and content of the notice shall be
{   [   } substantially      {   ]   } as follows:

             174     
"NOTICE OF PROPOSED TAX INCREASE

             175     
(NAME OF TAXING ENTITY)


The motion passed unanimously with Rep. Allen, Rep. Fisher, Rep. Harper, Rep. Hughes, and Rep. Moss absent for the vote.

Rep. Froerer introduced amended H.B. 67 and explained it to the committee assisted by Angela Oakes, Associate General Counsel, Office of Legislative Research and General Counsel. Ron Mortensen, Citizens' Coalition for Tax Fairness, spoke to the bill. Roger Tew, Utah League of Cities and Towns, and Royce Van Tassell, Utah Taxpayers Association, spoke in favor of the bill. Brent Gardner, Utah Association of Counties, spoke against the bill.

MOTION:    Rep. Sandstrom moved to transmit H.B.67 as amended with a favorable recommendation. The motion passed unanimously with Rep. Hughes and Rep. Moss absent for the vote.

Rep. Froerer resumed the chair.

H.B. 80    Study on Taxpayer Advocate Program (Rep. K. Grover)

Rep. Grover introduced the bill and explained it to the committee.

MOTION:    Rep. Johnson moved to send the bill to interim for study.


SUBSTITUTE MOTION:    Rep. Hutchings moved to transmit the bill with a favorable recommendation. The motion passed with Rep. Cosgrove, Rep. Duckworth, Rep. Fisher, Rep. Johnson, Rep. Moss, and Rep. Vickers voting in opposition.

H.B. 65    Reporting of Certain Transactions Exempt from Sales and Use Taxes (Rep. Julie Fisher)

Rep. Fisher introduced the bill and explained it to the committee assisted by Lynn Solarczyk, Utah State Tax Commission. Allison Rowland, Voices for Utah Children, spoke against the bill. Tom Bingham, Utah Manufacturers Association, spoke in favor of the bill.

MOTION:    Rep. Dougall moved to transmit H.B. 65 with a favorable recommendation. The motion passed with Rep. Cosgrove and Rep. Duckworth voting in opposition and Rep. Newbold absent for the vote.

H.J.R. 6    Joint Resolution Revising Property Tax Exemption (Rep. P. Painter)

Rep. Painter requested that the committee move to send the resolution to interim study. Fred Finlinson, Utah Water Coalition spoke in favor of the motion.

MOTION:    Rep. Harper moved to send H.J.R. 6 to interim study. The motion passed unanimously with Rep. Fisher, Rep. Moss, and Rep. Newbold absent for the vote.

The following bills were not considered in this meeting:

H.B. 35    Nonrefundable Higher Education Tuition Credit (Rep. J. Dougall)
H.B. 70    Cigarette Tax Exemption Amendments (Rep. J. Dougall)

H.B. 71    Withholding Tax Amendments (Rep. J. Dougall)

H.B. 76    Income Tax Credit for Military Retired Pay (Rep. S. Mascaro)

MOTION:    
Rep. Dougall moved to adjourn. The motion passed unanimously with Rep. Fisher, Rep. Moss, and Rep. Newbold absent for the vote.

Rep. Froerer adjourned the meeting at 9:50 a.m.




                            __________________________
                            Rep. Todd E. Kiser, Chair