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MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
ROOM 20, HOUSE OFFICE BUILDING, STATE CAPITOL COMPLEX
March 1, 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
        Karen Mitchell, Committee Secretary

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

Rep. Frank called the meeting to order at 4:18 p.m.

MOTION:    Rep. Grover moved to approve the minutes of the February 26, 2010 meeting.
        The motion passed unanimously with Rep. Ferry, Rep. Hendrickson, and Rep.              Wiley absent for the vote.

1st Sub. H.J.R. 30    War Veterans' Memorial on Capitol Hill Joint Resolution (Rep. R. Chavez-Houck)

Rep. Chavez-Houck explained the resolution to the committee.

Spoke in favor of the bill:    Jay Barth, Citizen
                Matt Kallunki, Citizen

MOTION:    Rep. Wiley moved to pass the resolution with a favorable recommendation. The              motion passed unanimously.

MOTION:    Rep. Wiley moved to place H.J.R. 30 on the Consent Calendar. The motion failed         with Rep. Ferry voting in opposition.

H.B. 329    Campaign Finance Amendments (Rep. B. Ferry)

Rep. Ferry explained the bill to the committee.



Rep. Frank relinquished the chair to Rep. Grover.

MOTION:    Rep. Frank moved to adopt 2nd Substitute H.B. 329. The motion passed with Rep.         Bird, Rep. Ferry, and Rep. Wiley voting in opposition.

Rep. Frank explained the substitute to the committee and provided handouts.

MOTION:    Rep. Hendrickson moved to pass 2nd Substitute H.B. 329 with a favorable              recommendation. The motion passed unanimously.

Rep. Frank resumed the chair.

H.B. 155    Agricultural Advisory Board and Livestock Related Policy (Rep. J. Mathis)

MOTION:    Rep. Mathis moved to adopt 1st Substitute H.B. 155. The motion passed                  unanimously with Rep. Ferry and Rep. Grover absent for the vote.

Rep. Mathis explained 1st Substitute H.B. 155 to the committee.

MOTION:    Rep. Hansen moved to pass 1st Substitute H.B. 155 with a favorable                  recommendation. The motion passed unanimously with Rep. Ferry absent for the         vote.

MOTION:    Rep. Aagard moved to place 1st Substitute H.B. 155 on the Consent Calendar. The         motion passed unanimously with Rep. Ferry absent for the vote.

H.B. 370    Capital Project Amendments (Rep. S. Clark)

MOTION:    Rep. Grover moved to adopt 1st Substitute H.B. 370. The motion passed                  unanimously with Rep. Ferry absent for the vote.

Rep. Clark explained 1st Substitute H.B. 370 to the committee with the assistance of Gregg Buxton, Director of DFCM.

MOTION:    Rep. Hansen moved to pass 1st Substitute H.B. 370 with a favorable                  recommendation. The motion passed with Rep. Willey voting in opposition.

S.B. 189    Capital Facilities Amendments (Sen. C. Bramble) (Rep. S. Clark)

Sen. Bramble explained the bill to the committee.

MOTION:    Rep. Wiley moved to pass S.B. 189 with a favorable recommendation. The motion         passed unanimously.


2nd Sub. S.B. 119    Special Elections Modifications (Sen. H. Stephenson) (Rep. M. Morley)

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


1.    Page 1, Line 14
    Senate 3rd Reading Amendments
    2-23-2010 :
    

             14      bond, levy, leeway, or sales tax issue without a
{   unanimous   }        two-thirds majority       vote of the local


2.    Page 12, Line 360 :    

             360     
{   unanimous   }        two-thirds majority       vote of all members of the legislative body, if the local special election is for:


The motion passed with Rep. Frank and Rep. Grover voting in opposition.

Sen. Stephenson explained the bill to the committee.

Spoke in opposition to the bill:    Susan Kuziak, Utah Education Association
                    Steven H. Peterson, USBS/USSA

MOTION:    Rep. Aagard moved to pass S.B. 119 as amended with a favorable                      recommendation. The motion passed with Rep. Bird voting in opposition. Rep.              Ferry was absent for the vote.

S.B. 213    Division of Services for People with Disabilities Advisory Council (Sen. A. Christensen) (Rep. M. Newbold)

Sen. Christensen explained the bill to the committee.

Spoke in favor of the bill:    Joyce Delcourt, LCPD
                Kris Fawson, LCPD/Coalition for People with Disabilities

Spoke in opposition to the bill:    Rep. Dougall

MOTION:    Rep. Hansen moved to pass S.B. 213 with a favorable recommendation. The              motion failed with Rep. Aagard, Rep. Bird, Rep. Frank, and Rep. Grover voting in         opposition. Rep. Ferry was absent for the vote.



H.R. 4    Resolution Urging Ratification of the Comprehensive Nuclear Test Ban Treaty (Rep. J. Seelig)

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


1.    Page 3, Lines 70 through 71 :    

             70          WHEREAS, United States' citizens must not be subjected to the hazards of future
             71      nuclear weapons tests;
 

    WHEREAS, the CTBT Organization effectively monitors compliance with the CTBT through an International Monitoring System, consisting of 337 stations using state-of-the-art seismic, hydroacoustic, infrasound and radionuclide technologies and capable of detecting and identifying a nuclear weapons test explosion anywhere in the world within hours:  


2.    Page 3, Line 74 :    

             74      nations;
 

    WHEREAS, Article 9 of the CTBT permits withdrawal by the United States in case extraordinary future developments, including the need to respond to a violation by another nation, were to jeopardize our supreme national interests;
    WHEREAS, independent expert assessments commissioned by the National Nuclear Security Administration have concluded that measures under the Stockpile Stewardship Program and Life Extension Program can support certification of today's nuclear warheads as safe, secure, and reliable for decades without the need to resort to underground nuclear weapons testing;  
and


The motion to amend passed with Rep. Ferry absent for the vote.

Rep. Seelig explained the bill to the committee with the assistance of Rep. Wilcox. A handout was provided.

Spoke in favor of the bill:    Darlene Phillips, Citizen
                Rob Reynolds, Citizen
                Deb Sewyer, Utah Company to Abolish Nuclear Waste

MOTION:    Rep. Bird moved to amend H.R. 4 as follows:

    Page 2, Line 32:    After "180" delete "states" and insert "countries"
    Page 2, Lines 44-47:    Delete lines 44-47



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

    Page 2, Line 46:    After "stockpile", delete "," and insert ";". Delete remainder of line                 46.
    Page 2, Line 47:    Delete line 47

The substitute motion failed with Rep. Hansen, Rep. Bird, Rep. Frank, and Rep. Grover voting in opposition to the motion. Rep. Aagard, Rep. Ferry, Rep. Hendrickson, and Rep. Mathis voted in favor. Rep. Wiley was absent for the vote.

The original motion to amend the bill failed with Rep. Aagard, Rep. Bird, and Rep. Ferry voting in favor of the motion.

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

1st Sub. H.B. 153    Recycling of Electronic Items (Rep. R. Edwards)

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


1.    Page 3, Lines 80 through 84 :    

             80          (2) (a) "Consumer electronic device" means an electronic device for consumer use if
             81      that electronic device is:
             82          (i) a computer central processing unit;
             83          (ii) a personal
{   computing device   }        computer       with a screen size greater than four inches at a

             84      diagonal;

2.    Page 6, Lines 155 through 160 :    

             155          (3) Subject to Title 63G, Chapter 4, Administrative Procedures Act, the division may
             156      impose an administrative penalty against a registered recycler or manufacturer for a violation of
             157      this chapter that is established by rule, and which may include:
             158          (a) suspension or revocation of a registration;
             159          (b) a cease and desist order; or
             160          (c) a fine
  not to exceed 200% of the applicable registration fee, for the failure to register or to pay a registered recycler in accordance with this chapter       .



3.    Page 7, Lines 196 through 197 :    

             196          (b) pay an annual fee established by the division in accordance with Section 63J-1-504 ,
             197      except that
  :

(i)  
a fee shall vary in amount on the basis of a registered recycler's market share      {   .   }        ; and

(ii) total fees assessed by the division may not exceed $50,000 for the period beginning on July 1, 2010 and ending on June 30, 2011.  


The motion to amend the bill passed with Rep. Wiley absent for the vote.

Rep. Edwards explained the bill to the committee and provided a handout.

Spoke in favor of the bill:    Craig Moody, Waste Management
                Mark Lewon, Utah Metal Works, Inc.
                Dorothy Adams, Salt Lake County Health Department
                Brad Mertz, RCU
                Dewayne Woolley, Trans-Jordan Landfill

Spoke in opposition to the bill:    Tom Bingham, Utah Manufactures Association
                    Chet Hartley, Thompson Inc.

MOTION:    Rep. Hendrickson moved to pass 1st Substitute H.B. 153 as amended with a              favorable recommendation. The motion passed unanimously with Rep. Wiley              absent for the vote.

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

Rep. Frank adjourned the meeting at 7:23 p.m.

    





                    __________________________
                    Rep. Craig A. Frank, Chair