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MINUTES OF THE

HOUSE POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room 450 Utah State Capitol

February 28, 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. Michael T. Morley
            Rep. Jeremy A. Peterson
            Rep. Dixon M. Pitcher
            Rep. Marie H. Poulson            
            Rep. Jennifer M. Seelig
            Rep. Larry B.Wiley

MEMBER ABSENT:        Rep. Stephen E. Sandstrom

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. Webb called the meeting to order at 4:28 p.m.

MOTION:    Rep. Anderson moved to approve the minutes of February 25, 2011. The motion passed unanimously with Rep. Morley, Rep. Sandstrom, Rep. Seelig, and Rep. Edwards absent for the vote.

2nd Sub. S.B. 290    Abatement of Weeds, Garbage, Refuse, and Unsightly Objects (Sen. P. Knudson) (Rep. E. Hutchings)

This bill was not considered.

H.B. 286    Funding for Burying Utility Lines (Rep. J. Briscoe)

Rep. Briscoe introduced the bill to the committee.

Spoke to the bill:    Jeff Hartley, Rocky Mountain Power

Spoke against the bill: Royce VanTassell, Utah Taxpayers Association


MOTION:    Rep. Anderson moved to place H.B. 286 on hold. The motion passed unanimously with Rep. Morley and Rep. Sandstrom absent for the vote.

Rep. Edwards assumed the chair.

H.B. 446    Local District Tax Amendments (Rep. D. Brown)

Rep. D. Brown introduced the bill to the committee.

Spoke in favor of the bill:    LeGrand Bitter, Utah Association of Special Districts
            Josh Mills, Mayor, Herriman City
            Royce VanTassell, Utah Taxpayers Association

MOTION:    Rep. Draxler moved to pass H.B. 446 with a favorable recommendation. The motion passed unanimously with Rep. Sandstrom absent for the vote.

H.B. 487    County Use of Land Use Ordinance (Rep. B. Wright)

Rep. Wright introduced the bill to the committee and provided a handout.

MOTION:    Rep. Anderson moved to adopt 1st Substitute H.B. 487. The motion passed unanimously with Rep. Dunnigan, Rep. Sandstrom, and Rep. Seelig absent for the vote.

Spoke in favor of the bill:    Mike Brown, Citizen
            Mike Crittenden, Citizen

Spoke to the bill:        Ernest Rowley, Utah Association of Counties Recorders

MOTION:    Rep. Morley moved to pass 1st Substitute H.B. 487 with a favorable recommendation. The motion passed unanimously with Rep. Sandstrom and Rep. Seelig absent for the vote.

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

S.B. 66    Military Leave for an Elected Official of a Political Subdivision (Sen. J. Valentine) (Rep. C. Herrod)

Sen. Valentine introduced the bill to the committee.


MOTION:    Rep. Dunnigan moved to pass 1st Substitute H.B. 66. The motion passed unanimously with Rep. Sandstrom and Rep. Seelig absent for the vote.

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

1.    Page 2, Line 26 :    

             26          This bill provides an immediate effective date.
    
  This bill provides revisor instructions.      


2.    Page 3, Line 72 :    

             72          (2)
{   An   }        Except as provided by Subsection (9), an       elected official creates a vacancy in the elected official's office if the elected


3.    Page 3, Line 75 :    

             75          (3)
{   An   }        Except as provided by Subsection (9), an       elected official may take military leave if the elected official submits to the


4.    Page 4, Line 90 :    

             90          (i)
  except as provided by Subsection (9),       before the day on which the military leave begins; and


5.    Page 4, Lines 97 through 99 :    

             97          
{   (6) If a political subdivision's governing body does not appoint a temporary

             98      replacement before the day on which the military leave begins, the elected official's office shall
             99      remain vacant until the day on which the military leave ends.  
}


6.    Page 4, Line 104 :    

             104      military leave.
    
  (c) Except as provided by Subsection (9), if a temporary replacement is not appointed before the day on which the military leave begins as required by Subsection (5)(b)(i), no person may exercise the powers and duties of the elected official's office during the elected official's military leave.      


7.    Page 4, Line 110 :    

             110      replacement.


    
  (9) (a) An elected official who is called to active, full-time duty in the armed forces before the effective date of this bill is on military leave.

    (b) A temporary replacement for an elected official described in Subsection (9)(a) who meets the qualifications to hold office may be appointed as provided by Subsection (5)(b)(ii) on or after the effective date of this bill.  


8.    Page 4, Line 115 :    

             115      the date of veto override.
    
  Section 3. Revisor instructions.

    It is the intent of the Legislature that, in preparing the Utah Code database for publication, the Office of Legislative Research and General Counsel shall replace the references in Subsection 20A-1-513(9) from "the effective date of this bill" with the bill's actual effective date.  


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

Spoke in favor of the bill:    Col. Scott Olson, Utah National Guard

MOTION:    Rep. Morley moved to pass out 1st Substitute S.B. 66, as amended, with a favorable recommendation. The motion passed unanimously with Rep. Sandstrom absent for the vote.

S.B. 243    Historic Areas or Sites Amendments (Sen. W. Niederhauser) (Rep. C. Herrod)

Sen. Niederhauser introduced the bill to the committee.

MOTION:    Rep. Morley moved to adopt 1st Substitute S.B. 243. The motion passed unanimously with Rep. Anderson, Rep. Draxler, and Rep. Sandstrom absent for the vote.

Spoke in favor of the bill:    Jodi Hoffman, Utah League of Cities and Towns
            Jodi Howick, Citizen
            Roger Little, Citizen
            Jeff Justice, Citizen
            Scott Brown, Citizen
            Margaret Tennant, Citizen
            Ray Morrison, Citizen
            Pam Clawson, Citizen
            Jim Bringhurst, Citizen



Spoke in opposition to the bill:     Lynn Pace, Deputy Attorney, Salt Lake City
                Kirk Huffaker, Utah Heritage Foundation
                Jan Hemming, Citizen
                Fientje Allis-VanRossum, Citizen
                Kelly Marianan, Citizen
                Lynn K. Pershing, Citizen
                George Kelner, Citizen

MOTION:    Rep. Morley moved to pass out 1st Substitute S.B.243 with a favorable recommendation.

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

On page 2, line 47, replace 75% with 0%

The substitute motion failed with Rep. Peterson voting in favor of the motion. Rep. Dunnigan and Rep. Sandstrom were absent for the vote.

The original motion failed with Rep. Anderson, Rep. Morley, Rep. Pitcher, Rep. Wiley, and Rep. Webb voting in favor and Rep. Draxler, Rep. Peterson, Rep. Poulson, Rep. Seelig, and Rep.
Edwards voting in opposition. Rep. Dunnigan and Rep. Sandstrom were absent for the vote.

MOTION:    Rep. Anderson moved to adjourn the meeting. The motion passed unanimously with Rep. Dunnigan and Rep. Sandstrom absent for the vote.

Rep. Edwards adjourned the meeting at 6:19 p.m.








                    ___________________________
                    Rep. Curt Webb, Chair