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MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
ROOM 20, HOUSE OFFICE BUILDING, STATE CAPITOL COMPLEX
February 9, 2010



MEMBERS PRESENT:    Rep. Craig Frank, Chair
        Rep. Keith Grover, Vice Chair
        Rep. Douglas C. Aagard
        Rep. Jim Bird
        Rep. Ben Ferry
        Rep. Neil A. Hansen
        Rep. Neal B. Hendrickson
        Rep. John Mathis
        Rep. Larry B. Wiley                    
        
MEMBERS ABSENT:    Rep. Ron Bigelow
        
STAFF PRESENT:    Benjamin N. Christensen, Policy Analyst
        Sylvia Newton, Committee Secretary

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

Rep. Frank called the meeting to order at 8:02 a.m.


MOTION:    Rep. Grover moved to approve the minutes of the February 5, 2009 meeting. The motion passed unanimously with Rep. Aagard, Rep. Ferry, Rep. Hendrickson, and Rep. Wiley absent for the vote.

    
S.B. 22S2    Notary Public Amendments (Sen. P. Knudson)

MOTION:    Rep. Grover moved to adopt 3rd Substitute S.B. 22. The motion passed unanimously with Rep. Aagard, Rep. Ferry, and Rep. Hendrickson absent for the vote.

Sen. Knudson explained 3rd Substitute S.B. 22 with the assistance of Spencer Hadley, Lieutenant Governor's Office. A handout was provided that clarified the object of the bill.

Spoke in favor of the bill:    Joseph Rust, attorney

MOTION:    Rep. Wiley moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Hendrickson absent for the vote.





H.B. 269    Solemnizing Marriages Amendment (Rep. D. Aagard)

Rep. Aagard explained the bill to the committee.

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

1.    Page 2, Lines 28 through 44 :    

             28          (1) Marriages may be solemnized by the following persons only:
* * * Some lines not shown * * *

             39          (i) the county clerk of any county in the state, if the clerk chooses to solemnize
             40      marriages;
             41          (j)
{   the president   }        members       of the Senate;

             42          (k)
{   the speaker   }        members       of the House of Representatives; or

             43          (l) a judge or magistrate who holds office in Utah when retired, under rules set by the
             44      Supreme Court.

The motion to amend the bill passed with Rep. Mathis voting in opposition to the motion and Rep. Ferry absent for the vote.

Spoke in favor of the bill:     Dave Copeland, Davis County

MOTION:    Rep. Aagard moved to pass H.B. 269 as amended with a favorable recommendation. The motion passed unanimously with Rep. Bird and Rep. Ferry absent for the vote.


H.B. 122    Surveyor Amendments (Rep. J. Mathis)

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

1.    Page 1, Lines 9 through 10 :    

             9          This bill
{   prohibits, in certain circumstances, the prosecution of a county surveyor or a

             10      professional land surveyor for criminal trespass.  
}
  provides a defense to criminal trespass that the person is a professional surveyor or county surveyor.      


2.    Page 1, Lines 14 through 15 :    

             14          .    
{   prohibits, in certain circumstances, the prosecution of a county

surveyor or a


             15      professional land surveyor for criminal trespass  
}
  provides a defense to criminal trespass that the person is a professional surveyor or county surveyor       ; and


3.    Page 2, Line 48 through Page 3, Line 62 :    

             48          (4)
  (a) As used in this Subsection (4):

        (i) "Professional land surveying or the practice of land surveying" is as defined in Section 58-22-102.
        (ii) "Professional land surveyor" is as defined in Section 58-22-102.
        (iii) "Surveyor" means a professional land surveyor and a county surveyor.
    (b)  
It is a defense to prosecution under this section that:

             49          
{   (a)   }        (i)(A)       the property was open to the public when the actor entered or remained; and

             50          
{   (b)   }        (B)       the actor's conduct did not substantially interfere with the owner's use of the

             51      property
{   .   }        ; or

        (ii)(A) the actor:
            (I) is a surveyor or a designee of the surveyor engaged in professional land surveying or the practice of land surveying; or
            (II) in the case of a county surveyor or designee of the county surveyor, is acting under the scope of authority under Title 17, Chapter 23, County Surveyor; and
        (B) the actor's conduct did not substantially interfere with the owner's use of the property.  

             52          
{   (5) (a) As used in this Subsection (5):

             53          (i) "Professional land surveying or the practice of land surveying" is as defined in
             54      Section 58-22-102 .
             55          (ii) "Professional land surveyor" is as defined in Section 58-22-102 .
             56          (iii) "Surveyor" means a professional land surveyor and a county surveyor.
             57          (b) A surveyor does not commit criminal trespass if when the surveyor enters and
             58      remains on the property, the surveyor:              59          (i) (A) is engaged in professional land surveying or the practice of land surveying; or
             60          (B) in the case of a county surveyor or a designee of the county surveyor, is acting


             61      under the scope of authority under Title 17, Chapter 23, County Surveyor; and
             62          (ii) is not acting in violation of this section.
 
}

The motion to amend the bill passed unanimously with Rep. Bird and Rep. Ferry absent for the vote.

Rep. Mathis explained the bill to the committee with the assistance of James Pitkin, Utah Council of Land Surveyors. A handout was provided to committee members.

Spoke to the bill:    Adam Trupp, Utah Association of Counties

Spoke in favor of the bill:    Mont Evans, Utah Council of Land Surveyors

MOTION:    Rep. Aagard moved to pass H.B. 122 as amended with a favorable recommendation. The motion passed unanimously with Rep. Bird, Rep. Ferry, and Rep. Grover absent for the vote.


H.B. 263    Technical Cross Reference Revisions (Rep. J. Anderson)


Rep. Anderson explained the bill to the committee.

MOTION:    Rep. Wiley moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Bird, Rep. Ferry, and Rep. Grover absent for the vote.

MOTION:    Rep. Wiley moved to place H.B. 262 on the Consent Calendar. The motion passed unanimously with Rep. Bird, Rep. Ferry, and Rep. Grover absent for the vote.

MOTION:    Rep. Aagard moved to saunter for five minutes. The motion passed unanimously with Rep. Bird, Rep. Ferry, and Rep. Grover absent for the vote.

MOTION:    Rep. Aagard moved to cease to saunter. The motion passed unanimously with Rep. Bird, Rep. Ferry, and Rep. Grover absent for the vote.


H.J.R. 9S1    Resolution in Support of Veterans' Nursing Home (Rep. C. Oda)

Rep. Oda explained the resolution to the committee.

Spoke in favor of the resolution:     Johnnie Janes, Veterans of Foreign Wars





MOTION:    Rep. Hansen moved to pass 1st Substitute H.J.R. 9 with a favorable recommendation. The motion passed unanimously with Rep. Bird, Rep. Ferry, and Rep. Grover absent for the vote.

MOTION:    Rep. Mathis moved to adjourn. The motion passed unanimously with Rep. Bird, Rep. Ferry, and Rep. Grover absent for the vote.

Rep. Mathis adjourned the meeting at 9:21 a.m.




                    __________________________
                    Rep. Craig A. Frank, Chair