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MINUTES OF THE

HOUSE POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room 450 Utah State Capitol

February 18, 2011


MEMBERS PRESENT:    Rep. R. Curt Webb, Chair
            Rep. Rebecca P. Edwards, Vice Chair
            Rep. Johnny Anderson
            Rep. Jack R. Draxler
            Rep. James A. Dunnigan            
            Rep. Jeremy A. Peterson
            Rep. Dixon M. Pitcher
            Rep. Marie H. Poulson
            Rep. Stephen E. Sandstrom
            Rep. Jennifer M. Seelig
            Rep. Larry B.Wiley

MEMBERS ABSENT:    Rep. Michael T. Morley

STAFF PRESENT:        Joseph Wade, Policy Analyst
            Karen Mitchell, Committee Secretary

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

Rep. Edwards called the meeting to order at 8:07 a.m.

MOTION:    Rep. Pitcher moved to approve the minutes of February 14, 2011. The motion passed unanimously with Rep. Anderson, Rep. Dunnigan, Rep. Morley, Rep. Peterson, Rep. Seelig, and Rep. Webb absent for the vote.

H.B. 392    Retention Elections for Justice Court Judges (Rep. C. Oda)

This bill was not considered.

H.B. 224    Radio Frequency Identification (Rep. W. Harper)

Rep. Harper introduced the bill to the committee.

MOTION:    Rep. Wiley moved to adopt 1st Substitute H.B. 224. The motion passed unanimously with Rep. Anderson, Rep. Dunnigan, Rep. Morley, Rep. Peterson, Rep. Seelig, and Rep. Edwards absent for the vote.

Spoke in favor of the bill: Marina Lowe, ACLU of Utah
     Dalane England, Eagle Forum



Spoke in opposition to the bill: Dave Davis, Utah Retailer Merchants Association and Utah Food      Industry Association      Tom Bingham, Utah Manufactures Association

MOTION:    Rep. Peterson moved to hold the bill.

SUBSTITUTE
MOTION:    Rep. Sandstrom moved to pass 1st Substitute H.B. 224 out with a favorable recommendation. The motion failed with Rep. Anderson and Rep. Sandstrom voting in favor of the bill. Rep. Morley was absent for the vote.

The original motion to hold the bill passed with Rep. Sandstrom voting in opposition. Rep. Morley was absent for the vote.

H.B. 53    Seismic Requirements for Condominium Conversion Projects (Rep. L. Wiley)

Rep. Wiley introduced the bill to the committee.

MOTION:    Rep. Wiley moved to adopt 1st Substitute H.B. 53. The motion passed unanimously with Rep. Morley absent for the vote.

Spoke to the bill:    Barry Welliver, Utah Seismic Safety Commission
        Cort Ashton, Utah Land Title Association
    
Spoke in favor of the bill: Roger Evans, Utah Seismic Safety Commission
        Rolayne Fairclough, AAA Utah

Spoke in opposition to the bill:     Beth Holbrook, Realtor
            Taz Biesinger, Utah Home Builders Association
    Chris Kyler, Utah Association of Realtors

MOTION:    Rep. Sandstrom moved to hold the bill. The motion passed unanimously with Rep. Morley absent for the vote.

H.B. 259    County Recorder Revisions (Rep. R. C. Webb)

Rep. Webb introduced the bill to the committee.

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


1.    Page 3, Lines 66 through 74 :    

             66          (b) If a person submits for recording a document described in Subsection (4)(a), the
             67      person shall
{   include the following wording   }        notify the county recorder by including the word "RESPA"       in at least 16 point font on the front page of each

             68      document
{   :

             69          "RESPA."  
}
  .      

             70          (c)
{   If a person does not include the wording described in Subsection (4)(b), a   }        A       county

             71      recorder is not required to:
             72          (i) refund a fee described in Subsection (4)(a); or
             73          (ii) change a fee amount shown on a recorded document if
{   a   }        the       fee described in

             74      Subsection (4)(a) is
  not       collected at the time of recording.

    
The motion to amend the bill passed unanimously with Rep. Morley, Rep. Sandstrom, Rep. Seelig, and Rep. Wiley absent for the vote.

Rep. Webb moved to amend the bill as follows:


1.    Page 3, Lines 60 through 65 :    

             60      constructed for at least one family but no more than four families, the county recorder shall
             61      receive:
             62          (i)
{   $15   }        $14       for each deed of conveyance;

             63          (ii) $40 for each deed of trust; and
             64          (iii)
{   $15   }        $14       for each assignment of a deed of trust when recorded concurrently with the

             65      assigned deed of trust.

The motion to amend the bill passed unanimously with Rep. Morley, Rep. Sandstrom, Rep. Seelig, and Rep. Wiley absent for the vote.

Spoke to the bill: Richard Maughan, Davis County Recorder

Spoke in favor of the bill:     James Seaman, ULTA, Inwest Title Services


MOTION:    Rep. Peterson moved to pass out H.B. 259, as amended, with a favorable recommendation. The motion passed unanimously with Rep. Morley and Rep. Seelig absent for the vote.

MOTION:    Rep. Webb moved to place the bill on the Consent Calendar. The motion passed unanimously with Rep. Morley and Rep. Seelig absent for the vote.

1st Sub. S.B. 117    Community Association Act Amendments (Sen. S. Urquhart) (Rep. D. Ipson)

Sen. Urquhart introduced the bill to the committee.

Spoke in favor of the bill:    John Morris, CAI Legislative Actions Committee

MOTION:    Rep Dunnigan moved to pass out 1st Substitute S.B. 117 with a favorable recommendation. The motion passed unanimously with Rep. Morley and Rep. Seelig absent for the vote.

MOTION:    Rep. Peterson moved to adjourn the meeting. The motion passed unanimously with Rep. Morley and Rep. Seelig absent for the vote.

Rep. Edwards adjourned the meeting at 9:59 a.m.









                    ___________________________
                    Rep. Curt Webb, Chair