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MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room C445, State Capitol, State Capitol Complex

February 23, 2010


Members Present:    Rep. Roger E. Barrus, Chair
    Rep. John Mathis, Vice Chair
    Rep. Mel Brown    
    Rep. Jack Draxler
    Rep. Kerry Gibson
    Rep. James Gowans
    Rep. Neal Hendrickson
    Rep. Mike Noel
    Rep. Patrick Painter
    Rep. Phil Riesen
    Rep. Christine Watkins
    Rep. Ryan D. Wilcox
    Rep. Bill Wright

Members Absent:    Rep. Brad Dee

Staff Present:    Brian Allred, Policy Analyst
            Dora Soto, Committee Secretary
    
Note:        List of visitors and a copy of handouts are filed with committee minutes

Rep. Mathis called the meeting to order at 8:06 a.m.


H.B. 332    Utah Agricultural Code Amendments (Rep. C. Watkins)

Rep. Watkins explained the bill to the committee.

Spoke in favor of the bill: Kyle Stephens, Deputy Commissioner, UDAF
             John Young, President, Utah Wool Growers Association
             Clair Allen, Director-PI, UDAF

MOTION:     Rep. Gowans moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Draxler, Rep. Gibson, and Rep. Wright absent for the vote.

MOTION:    Rep. Watkins moved to place the bill on the Consent Calendar. The motion     failed with Rep. Noel voting in opposition to the motion.




H.B. 143    Eminent Domain Authority (Rep. C. Herrod)

Rep. Herrod explained the bill to the committee, assisted by Mike Lee, Attorney

Spoke in favor of the bill: Amber Harrison, Citizen, Uintah County
             Gayle Ruzeaka, Citizen, Eagle Farm
             Dan Dennis, Citizen, General Contractor, State of Utah            

Spoke in opposition to the bill: Orban Anderson, American Coalition, Public Lands             
MOTION:     Rep. Barrus moved to amend the bill as follows:

1.    Page 1, Lines 10 through 11 :    

             10      possessed by the federal government unless the property
{   is owned   }        was acquired       by the federal

             11      government
  with the consent of the Legislature and       in accordance with the United States Constitution Article I, Section 8,


2.    Page 2, Lines 29 through 31 :    

             29          Property which may be taken under this part includes property possessed by the federal
             30      government unless the property
{   is owned   }        was acquired       by the federal government        with the consent of the Legislature and       in accordance with the

             31      United States Constitution Article I, Section 8, Clause 17.

The motion to amend the bill passed unanimously with Rep. Hendrickson and Rep. Painter absent for the vote.

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

H.B. 324    Public Lands Litigation (Rep. K. Sumsion)

Rep. Sumsion explained the bill to the committee with the aid of a handout and power point presentation.



Spoke in favor of the bill: Peter Cannon, Davis County 9/12 Project
             Mark Ward, UTA
             Mike Mower. SITLA

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



1.    Page 1, Line 13 :    

             13              .    certain eminent domain
  or quiet title       actions to facilitate the state's ability to manage school


2.    Page 2, Lines 29 through 30 :    

             29          (2) In accordance with Title 78B, Chapter 6,
{   Part 5, Eminent Domain   }        Particular Proceedings       , the attorney

             30      general shall file an eminent domain action
  or a quiet title action to obtain a judicial declaration of the existence of an easement of access       on property possessed by the federal government


3.    Page 2, Lines 37 through 38 :    

             37          (3) The attorney general shall file an eminent domain action
  or quiet title action       described in Subsection

             38      (2)
{   for a fee simple   } on property possessed by the federal government:


1.    Page 2, Line 40 :    

             40          (i) on Spring Creek Road located in the
{   western   }        eastern       half of section 3, township 38 south,


2.    Page 6, Line 177 :    

             177          (cxxvi) section 13, except the northeast quarter of the
{   southeast   }        southwest       quarter of section 13,



The motion to amend the bill passed unanimously with Rep. Gibson, Rep. Noel, and Rep. Wilcox absent for the vote.


MOTION:    Rep. Wilcox moved to pass the bill with a favorable recommendation as amended. The motion passed unanimously with Rep. Gibson, Rep. Gowans and Rep. Noel absent for the vote.     

H.B. 323    School and Institutional Trust Lands Amendments (Rep. K. Sumsion)

MOTION:    Rep. Wilcox moved to replace H.B. 323 with 1st Substitute H.B. 323. The motion passed unanimously with Rep. Gibson, Rep. Gowans, and Rep. Noel absent for the vote.

Rep. Sumsion explained the 1st substitute bill to the committee with the aid of a handout and power point presentation.

Spoke in favor of the bill: Mark Ward, UTA

Spoke in opposition to the bill: Tyler Slack, Utah PTA

Spoke to the bill: Mike Mower, SITLA

MOTION:    Rep. Gibson moved to pass the bill with a favorable recommendation.

SUBSTITUTE
MOTION:
    Rep. Riesen moved to adjourn. The motion failed with Rep. Reisen and Rep. Draxler voting in favor of the motion.

The original motion to pass 1st Substitute bill with a favorable recommendation passed with Rep. Reisen and Rep. Draxler voting in opposition to the motion.

MOTION:    Rep. Gibson moved to adjourn.

Rep. Barrus adjourned the meeting at 10:02 a.m.



    
                    _________________________
    Rep. Roger E. Barrus, Chair