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MINUTES OF THE

HOUSE POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room 450 Utah State Capitol

28 January 2010


MEMBERS PRESENT:    Rep. Fred R Hunsaker, Chair
            Rep. R. Curt Webb, Vice Chair
            Rep. Laura Black
            Rep. Rebecca Chavez-Houck
            Rep. Jack R. Draxler
            Rep. James A. Dunnigan
            Rep. Becky Edwards
            Rep. Janice M. Fisher
            Rep. Richard Greenwood
            Rep. Curtis Oda
            Rep. Marie H. Poulson

MEMBERS ABSENT:    Rep. Kerry W. Gibson

STAFF PRESENT:        Joseph Wade, Policy Analyst
            Becky Lawyer, Committee Secretary

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

Rep. Webb called the meeting to order at 8:09 a.m.

H.B. 205    Impact Fee Amendments (Rep. S. Sandstrom)

Rep. Sandstrom reminded the committee that the bill had been amended during the previous meeting.

Jodi Hoffman, representing the Utah League of Cities and Towns spoke against the bill.
Peggy Joe Knecht, representing the Utah School Board Association, spoke for the bill.
Gary Payne, representing the Utah School Superintendants Association and the Davis School District, spoke for the bill.
David Holdaway, Facilities Director of the Alpine School District and representing UFOMA, spoke for the bill.
Steve Peterson, of the Utah School Board Association, spoke for the bill.
Mike Ostermiller, of the Utah Realtor Association, spoke to the bill.

MOTION: Rep. Fisher moved to hold the bill until changes could be made.

SUBSTITUTE MOTION: Rep. Draxler moved to pass the bill out favorably. The motion failed with Rep. Black, Rep. Draxler, Rep. Greenwood and Rep. Webb voting in favor of the motion.

The vote on the original motion to hold the bill was unanimous.


H.B. 211    Improvement District Board Membership (Rep. K. Powell)


Rep. Powell introduced the bill.

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

1.    Page 4, Lines 94 through 96 :    

             94          (b) Notwithstanding Subsection (7)(a)
  and subject to Subsection (7)(c)       ,        each remaining area member shall be chosen from the district at large       if        :

        (i)  
the population of the remaining area is less

             95      than
{   [   } 5%      {   ]   }      {   25%   } of the total district population      {   , each remaining area member shall be chosen

             96      from the district at large.  
}
  ; or

        (ii)(A) the population of the remaining area is less than 50% of the total district population; and
            (B) the majority of the members of the board of trustees are remaining area members.
    (c) Application of Subsection (7)(b) may not prematurely shorten the term of any remaining area member serving the remaining area member's elected or appointed term on May 11, 2010.  


The motion passed unanimously with Rep. Draxler and Rep. Dunnigan absent for the vote.

LeGrand Bitter, Utah Association of Special Districts, spoke to the bill.

MOTION: Rep. Black moved to pass the bill out favorably, as amended. The motion passed unanimously with Rep. Draxler absent for the vote.

H.B. 220    Disproportionate Rental Fee Amendments (Rep. G. Froerer)

This bill was not considered.

H.B. 94    Uniform Fiscal Procedures Act Amendments for Towns, Cities, and Counties Amendments (Rep. F. Hunsaker)

MOTION: Rep. Hunsaker moved to replace HB94 with 1st Substitute HB94. The motion passed unanimously with Rep. Black and Rep. Draxler absent for the vote.

MOTION: Rep. Hunsaker moved to amend 1st Substitute HB94 as follows:

1.    Page 2, Lines 33 through 36 :    

             33      AMENDS:


             34          10-5-107, as last amended by Laws of Utah 2006, Chapter 178
             35          10-5-108, as last amended by Laws of Utah 2009, Chapter 388
             36          
{   10-5-117, as last amended by Laws of Utah 1986, Chapter 181   }


2.    Page 4, Lines 104 through 109 :    

             104          
{   Section 3. Section 10-5-117 is amended to read:

             105          10-5-117. Increasing budget total of fund.
             106          [Except for enterprise funds, which may be increased without a public hearing, the] A
             107      town council may not increase the budget total of one or more funds or enterprise funds unless
             108      the town council [may increase the budget total of one or more of these funds by following]
             109      follows the procedures set forth in Section 10-5-108 .  
}


The motion to amend passed unanimously with Rep. Black and Rep. Draxler absent for the vote.

Rep. Hunsaker, assisted by MacRay Curtis, Utah State Auditor's Office, introduced the substitute bill and explained it to the committee.

Jeff Hatch, Salt Lake County Auditor, and Royce Van Tassell, Utah Tax Payer's Association, spoke to the bill.

MOTION: Rep. Fisher moved to hold the bill in committee. The motion passed unanimously with Rep. Rep. Black and Rep. Draxler absent for the vote.

MOTION: Rep. Greenwood moved to adjourn. The motion passed unanimously with Rep. Rep. Black and Rep. Draxler absent for the vote.

Rep. Webb adjourned the meeting at 9:57 a.m.




                    ___________________________
                    Rep. Fred R Hunsaker, Chair