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MEMBERS PRESENT: Rep. R. Curt Webb, Chair
Rep. Becky 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: Mr. Joseph Wade, Policy Analyst
Ms. Karen Mitchell, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Vice Chair Edwards called the meeting to order at 2:14 p.m.
MOTION: Rep. Dunnigan moved to approve the minutes of the January 30, 2012 and
February 1, 2012 meetings. The motion passed unanimously with Rep. Morley,
Rep. Sandstrom and Rep. Wiley absent for the vote.
H.B. 220 Classification of Counties (Rep. R. Menlove)
Rep. Menlove introduced the bill to the committee.
Spoke for the bill: Mr. Paul Larsen, Brigham City
MOTION: Rep. Webb moved to amend the bill as follows:
1. Page 1, Line 12 :
12
{
. classifies counties as urban or rural;
}
2. Page 2, Line 43 through Page 3, Line 78 :
43
{
(3) The following are rural counties:
44 (a) Beaver County;
45 (b) Box Elder County;
46 (c) Cache County;
47 (d) Carbon County;
48 (e) Daggett County;
49 (f) Duchesne County;
50 (g) Emery County;
51 (h) Garfield County;
52 (i) Grand County;
53 (j) Iron County;
54 (k) Juab County;
55 (l) Kane County;
56 (m) Millard County;
57 (n) Morgan County;
58 (o) Piute County;
59 (p) Rich County;
60 (q) San Juan County;
61 (r) Sanpete County;
62 (s) Sevier County;
63 (t) Summit County;
64 (u) Tooele County;
65 (v) Uintah County;
66 (w) Wasatch County;
67 (x) Washington County; and
68 (y) Wayne County.
69 (4) The following are urban counties:
70 (a) Davis County;
71 (b) Salt Lake County;
72 (c) Utah County; and
73 (d) Weber County. }
74
{
(5)
}
(3)
The Government Operations and Political Subdivisions Interim
Committee shall on
75 or before November 1, 2012
{
:
76 (a) review the classifications described in Subsections (3) and (4); and
77 (b) } consider whether to draft legislation on the classification of counties as urban or
78 rural.
SUBSTITUTE
MOTION: Rep. Dunnigan moved to amend the bill as follows:
1. Page 1, Line 12 :
12
{
. classifies counties as urban or rural;
}
2. Page 2, Line 43 through Page 3, Line 78 :
43
{
(3) The following are rural counties:
44 (a) Beaver County;
45 (b) Box Elder County;
46 (c) Cache County;
47 (d) Carbon County;
48 (e) Daggett County;
49 (f) Duchesne County;
50 (g) Emery County;
51 (h) Garfield County;
52 (i) Grand County;
53 (j) Iron County;
54 (k) Juab County;
55 (l) Kane County;
56 (m) Millard County;
57 (n) Morgan County;
58 (o) Piute County;
59 (p) Rich County;
60 (q) San Juan County;
61 (r) Sanpete County;
62 (s) Sevier County;
63 (t) Summit County;
64 (u) Tooele County;
65 (v) Uintah County;
66 (w) Wasatch County;
67 (x) Washington County; and
68 (y) Wayne County.
69 (4) The following are urban counties:
70 (a) Davis County;
71 (b) Salt Lake County;
72 (c) Utah County; and
73 (d) Weber County. }
74
{
(5)
}
(3)
The Government Operations and Political Subdivisions Interim
Committee shall on
75 or before November 1, 2012:
76 (a) review the classifications described in
{
Subsections (3) and
(4)
}
Subsection (1)
; and
77 (b) consider whether to draft legislation on the classification of counties as urban or
78 rural.
The substitute motion passed unanimously with Rep. Sandstrom and Rep. Wiley absent for the vote.
MOTION: Rep. Dunnigan moved to pass H.B. 220 out favorably as amended. The motion passed unanimously with Rep. Sandstrom and Rep. Wiley absent for the vote.
MOTION: Rep. Dunnigan moved to place H.B. 220 on the Consent Calendar. The motion passed unanimously with Rep. Sandstrom and Rep. Wiley absent for the vote.
S.B. 89 Municipal Election Amendments (Sen. M. Dayton) (Rep. K. Grover)
Sen. Dayton introduced the bill to the committee.
MOTION: Rep. Morley moved to pass S.B. 89 out favorably. The motion passed unanimously with Rep. Sandstrom and Rep. Wiley absent for the vote.
MOTION: Rep. Morley moved to place S.B. 89 on the Consent Calendar. The motion passed unanimously with Rep. Sandstrom and Rep. Wiley absent for the vote.
H.B. 95 Retail Sale of Tobacco Products (Rep. P. Ray)
Rep. Ray introduced the bill to the committee.
MOTION: Rep. Draxler moved to adopt 1st Substitute H.B. 95. The motion passed unanimously with Rep. Sandstrom and Rep. Wiley absent for the vote.
MOTION: Rep. Draxler moved to amend the bill as follows;
1. Page 4, Lines 99 through 100 :
99 (ii) prohibits a municipality from adopting
{
additional restrictions
}
more
restrictive requirements
on a tobacco specialty
100 business
than provided for in this section
.
2. Page 6, Lines 153 through 155 :
153
{
municipality
}
county
shall require an entity to be licensed as a retail tobacco
specialty business to
154 conduct business as a retail tobacco specialty business in a
{
municipality
}
county
.
155 (b) A
{
municipality
}
county
may issue a retail tobacco specialty business
license to an entity if
3. Page 6, Lines 158 through 160 :
158 that conducts a retail tobacco specialty business in a
{
municipality
}
county
shall be licensed by the
159
{
municipality
}
county
as a retail tobacco specialty business.
160 (5) (a) A
{
municipality
}
county
may not issue a license to a retail tobacco
specialty business if it
4. Page 6, Lines 171 through 173 :
171 (c) (i) A
{
municipality
}
county
shall require a criminal background check
for an owner of a retail
172 tobacco specialty business.
173 (ii) A
{
municipality
}
county
may not issue a retail tobacco specialty
business license to a person
5. Page 6, Line 180 :
180 (i) requires a
{
municipality
}
county
to issue a business license to a retail
tobacco specialty
6. Page 7, Lines 182 through 184 :
182 (ii) prohibits a
{
municipality
}
county
from adopting
{
additional
restrictions
}
more restrictive requirements
on a tobacco specialty
183 business
than provided for in this section
.
184 (b) A
{
municipality
}
county
may revoke a business license issued under
this section:
7. Page 7, Line 192 :
192 a business license and is operating lawfully in a
{
municipality
}
county
on or
before May 8, 2012, is
The motion to amend passed unanimously, with Rep. Sandstrom and Rep. Wiley absent for the vote.
Spoke for the bill: Mr. Gary Crane, Layton City Attorney
Mr. David Spatafore, Utah Police Chiefs Association
MOTION: Rep. Anderson moved to amend the bill as follows:
1. Page 3, Line 77 through Page 4, Line 95: Delete lines 77 through 95
2. Page 4, Line 108 through Page 5, Line 121: Delete lines 108 through 121
3. Page 6, Lines 160 through 178: Delete lines 160 through 178
4. Page 7, Lines 191 through 204: Delete lines 191 through 204
The motion to amend failed with Rep. Anderson, Rep. Dunnigan, Rep. Morley, Rep. Peterson, and Rep. Webb voting in favor of the motion. Rep. Sandstrom was absent for the vote.
MOTION: Rep. Pitcher moved to pass H.B. 95 out favorably as amended.
SUBSTITUTE
MOTION: Rep. Dunnigan moved to amend the bill as follows and pass H.B. 95 out with a favorable recommendation.
1. Page 1, Lines 20 through 21 :
20
{
. requires a criminal background check for the owner of a retail tobacco
specialty
21 business; }
2. Page 4, Lines 88 through 95 :
88
{
(c) (i) A municipality shall require a criminal background check for an
owner of a retail
89 tobacco specialty business.
90 (ii) A municipality may not issue a retail tobacco specialty business license to a person
91 who has been convicted of:
92 (A) a felony within the last five years;
93 (B) a class A misdemeanor within the last five years; or
94 (C) a class B misdemeanor within the last three years, related to the sale of a tobacco
95 product. }
3. Page 6, Lines 171 through 178 :
171
{
(c) (i) A municipality shall require a criminal background check for an
owner of a retail
172 tobacco specialty business.
173 (ii) A municipality may not issue a retail tobacco specialty business license to a person
174 who has been convicted of:
175 (A) a felony within the last five years;
176 (B) a class A misdemeanor within the last five years; or
177 (C) a class B misdemeanor within the last three years, related to the sale of a tobacco
178 product. }
A committee member requested that the motion be divided.
The motion to amend passed with Rep. Seelig voting in opposition. Rep. Sandstrom was absent for the vote.
The motion to pass H.B. 95 out favorably passed with Rep. Anderson, Rep. Morley, Rep. Peterson, and Rep. Webb voting in opposition. Rep. Sandstrom was absent for the vote.
MOTION: Rep. Wiley moved to adjourn the meeting. The motion passed unanimously, with Rep. Sandstrom absent for the vote.
Vice Chair Edwards adjourned the meeting at 3:42 p.m.
___________________________
Rep. R. Curt Webb, Chair