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                    MINUTES OF THE HOUSE
                WORKFORCE SERVICES AND COMMUNITY
AND ECONOMIC DEVELOPMENT STANDING COMMITTEE
Room W025, House Office Building

February 13, 2012

MEMBERS PRESENT:        Rep. Jim Bird, Chair
                    Rep. Dean Sanpei, Vice Chair
                    Rep. Keith Grover
                    Rep. David Litvack
                    Rep. Ronda Rudd Menlove    
                    Rep. Val Peterson
                    Rep. Mark Wheatley     
                                                 
STAFF PRESENT:            Ben Christensen, Policy Analyst
                    Rosemary Young, Committee Secretary
                
Note:     A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Bird called the meeting to order at 2:09 p.m.

MOTION:     Rep. Sanpei moved to approve the minutes of the February 7, 2012 meeting. The motion passed unanimously with Rep. Menlove absent for the vote.

1st Sub. S.B. 42    Limitation on Action to Recover Deficiency Following Short Sale (Sen. W. Niederhauser)

Sen Niederhauser explained the bill to the committee.

Spoke for the bill:    Chris Kyler, Utah Association of Realtors

MOTION:    Rep. Peterson moved to send out 1st Substitute S.B. 42 with a favorable recommendation. The motion passed unanimously with Rep. Menlove absent for the vote.

H.B. 139    Department of Community and Culture Amendments (Rep. W. Harper)

MOTION:    Rep. Sanpei moved to amend H.B. 139 as follows:

1.    Page 1, Line 27 through Page 2, Line 34 :    

             27          .    modifies the powers and duties of the Housing and Community Development
             28      Division;
{   and   }       

    . creates an advisory council to advise the Department of Workforce Services during the transition of moving the Division of Housing and Community Development from the Department of Community and Culture; and  


             29
         .    makes technical changes.
             30      Money Appropriated in this Bill:
             31          None
             32      Other Special Clauses:
             33          
{   None   }        This bill takes effect on July 1, 2012.      

             34      Utah Code Sections Affected:

2.    Page 4, Lines 110 through 111 :    

             110          9-1-201.2, Utah Code Annotated 1953
      35A-8-1801, Utah Code Annotated 1953

    35A-8-1802, Utah Code Annotated 1953  

             111      RENUMBERS AND AMENDS:

3.    Page 50, Lines 1526 through 1531 :    

             1526          (2) The director or the director's designee, hereafter referred to in this section as the
             1527      director, shall administer the fund with input from the
{  Department of [Community and Culture]

             1528      Heritage and Arts  
}
  Housing and Community Development Division       , including any advisory committees within the      {  Department of [Community

             1529      and Culture] Heritage and Arts  
}
  Housing and Community Development Division       that deal with refugee services issues.

             1530          (3) (a) Money shall be deposited into the fund from numerous sources, including
             1531      federal grants, private foundations, and individual donors.

4.    Page 50, Lines 1535 through 1538 :    

             1535          (4) The director may not expend money in the fund that is not restricted to a specific
             1536      use under federal law or by donors without input from the
{  Department of [Community and

             1537      Culture] Heritage and Arts  
}
  Housing and Community Development Division       , either directly or through an advisory committee identified in

             1538      Subsection (2).

5.    Page 50, Lines 1542 through 1546 :    



             1542          (6) The money in the fund may not be used by the director for administrative expenses.
             1543          (7) If the
{  Department of [Community and Culture] Heritage and Arts   }       Housing and Community Development Division       establishes a

             1544      refugee services advisory committee referred to in Subsection (2), that committee may:
             1545          (a) advise the director on refugee services needs in the state and on relevant operational
             1546      aspects of any grant or revenue collection program established under this part;

6.    Page 51, Lines 1572 through 1573 :    

             1572          (9) In addition to Subsection (8), the director with advice from the
{  Department of

             1573      [Community and Culture] Heritage and Arts  
}
  Housing and Community Development Division       or its refugee services advisory committee, if one


7.    Page 57, Line 1737 through Page 58, Line 1766 :    

             1737          (i) utilize the capabilities and facilities of public and private universities and colleges
             1738      within the state in carrying out its functions;
  and      

             1739          (j) assist and support local governments, community action agencies, and citizens in
             1740      the planning, development, and maintenance of home weatherization, energy efficiency, and
             1741      antipoverty activities
{  ;   }       .       [and]

             1742          
{  (k) assist and support volunteer efforts in the state[.]; and   }

             1743          
{  (l) provide information and support to aid a qualifying client of the department in

             1744      obtaining affordable housing, including the provision of:
             1745          (i) information regarding special housing programs, including programs for first-time
             1746      home buyers and persons with low and moderate incomes and the eligibility requirements for
             1747      those programs;
             1748          (ii) referrals to programs operated by volunteers from the real estate industry

that assist
             1749      clients in obtaining affordable housing, including information on home ownership, down
             1750      payments, closing costs, and credit requirements; and
             1751          (iii) referrals to housing programs operated by municipalities, counties, local housing
             1752      authorities, and nonprofit housing organizations that assist individuals to obtain affordable
             1753      housing, including first-time home ownership.  
}
                 

8.    Page 92, Lines 2836 through 2840 :    

             2836          (viii) two members of the general public.
             2837          (b) The director or [his] the director's designee [shall serve] serves as the secretary of
             2838      the

{  committee   }       board       .

             2839          (c) The members of the board shall annually elect a chair from among the voting
             2840      membership of the board.

9.    Page 164, Lines 5060 through 5062 :    

             5060          (c) in the case of a loan, in accordance with Section 63A-3-205 .
  (7) The division, with board approval, may use fund money for the administration of the fund, but this amount may not exceed 2% of the annual receipts to the fund.      

             5061          Section 154. Section 35A-8-1708 , which is renumbered from Section 9-11-108 is
             5062      renumbered and amended to read:

10.    Page 164, Line 5066 through Page 166, Line 5067 :    

             5066      as a list of recipients of this assistance.
      Section 155. Section 35A-8-1801 is enacted to read:

Part 18. Transitional Housing and Community Development Advisory Council

    35A-8-1801. Transitional Housing and Community Development Advisory Council -- Membership -- Duties.
    (1) There is created the Transitional Housing and Community Development Advisory Council within the Department of Workforce Services consisting of the following members:


    (a) the executive director of the Department of Workforce Services or the executive director's designee;
    (b) the director of the Housing and Community Development Division of the Department of Workforce Services, who shall serve as chair of the advisory council;
    (c) a representative from the governor's office designated and appointed by the governor;
    (d) two representatives of entities that use or allocate funds distributed by the Housing and Community Development Division, designated and appointed by the director of the Housing and Community Development Division; and
    (e) the executive director, or the executive director's designee, of the:
    (i) Bear River Association of Governments;
    (ii) Five County Association of Governments;
    (iii) Mountainland Association of Governments;
    (iv) Six County Association of Governments;
    (v) Southeastern Utah Association of Governments;
    (vi) Uintah Basin Association of Governments;
    (vii) Wasatch Front Regional Council;
    (viii) Community Action Partnership of Utah; and
    (ix) Utah Housing Coalition.
    (2) (a) Except as provided in Subsection (2)(b), the advisory council shall meet at least once every three months and may meet more frequently as needed.
    (b) The advisory council may meet less than once every three months if the chair, after polling the members, determines that a meeting is not needed.
    (c) The chair, or a majority of the advisory council, may call a meeting of the advisory council.
    (d) A majority of the membership is a quorum for conducting advisory council business and a majority vote of the quorum present is required for an action to be taken by the advisory council.
    (e) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
    (i) Section 63A-3-106;
    (ii) Section 63A-3-107; and
    (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
    (f) The Housing and Community Development Division shall provide necessary

administrative and staff support services to the advisory council.
    (3) The advisory council shall advise and counsel the Department of Workforce Services and the department's Housing and Community Development Division in formulating rules, protocols, and policies to:
    (a) successfully transition the division from the Department of Community and Culture;
    (b) maintain consistency in providing services to, and cooperating with, qualifying interested parties, including individuals, groups, political subdivisions, and community action agencies, which properly participated in division services under the Department of Community and Culture; and
    (c) inform and advise interested parties, including individuals, groups, political subdivisions, and community action agencies regarding:
    (i) the division's transition to the Department of Workforce Services; and
    (ii) each significant change, or contemplated change, in the delivery of division services.
    (4) The Housing and Community Development Division shall present to the advisory council for its advice and counsel, each significant proposed change to the delivery of services by the division.
    Section 156. Section 35A-8-1802 is enacted to read:
    35A-8-1802. Interim study.
    During the 2012 interim, the Workforce Services, Community, and Economic Development Interim Committee shall study and make recommendations to the Legislature regarding:
    (1) the effectiveness and progress of the Housing and Community Development's transition to the Department of Workforce Services;
    (2) housing needs in the state of Utah; and
    (3) opportunities for further consolidation of state programs and policies regarding housing.
 

             5067          Section 155. Section 51-9-504 is amended to read:


Renumber remaining sections accordingly.

11.    Page 220, Lines 6809 through 6812 :    

             6809          (ii) one member of the State Board of Education;
             6810          (iii) one member of the
{  [Division of] Housing and Community Development Division


             6811
     of the   }
Department of
{  [Community and Culture] Workforce Services   }       Heritage and Arts       ;

             6812          (iv) one member of the Board of Tourism Development;

12.    Page 222, Lines 6866 through 6868 :    

             6866          (3) Title 35A, Chapter 8, Part 7, Utah Housing Corporation Act, is repealed July 1,
             6867      2016.
      (4) Title 34A, Chapter 8, Part 18, Transitional Housing and Community Development Advisory Council, is repealed July 1, 2014.      

             6868          Section 180. Section 63I-4-102 is amended to read:

13.    Page 250, Lines 7719 through 7721 :    

             7719          (iii) the executive secretary of the Drinking Water Board;
             7720          (iv) the
{  executive   } director of the      {  Department of [Community and Culture] Heritage and

             7721      Arts  
}
  Housing and Community Development Division       or the      {  executive   } director's designee; and


14.    Page 250, Line 7746 :    

             7746          Section 9-6-607, Office director.
  Section 198. Effective date.

This bill takes effect on July 1, 2012.  


The motion passed unanimously with Rep. Litvack and Rep. Menlove absent for the vote.

Rep. Harper explained the bill to the committee with the use of a handout.

Spoke for the bill:     Michael Mower, Deputy Chief of Staff, Governor's Office

Spoke against the bill: Tim Funk, Crossroads Urban Center
             Louis Fazio, Coalition of Persons with Disabilities
             Cathy Caputo Hoskins, Salt Lake Community Action Program (handout)              Steven Graham, Utah Community Reinvestment Corporation (handout)
             Kim Datwyler, Neighborhood Nonprofit

MOTION:    Rep. Wheatley moved to proceed to the next item on the agenda.


SUBSTITUTE MOTION:    Rep. Grover moved to send out H.B. 139 with a favorable recommendation. The motion passed with Rep. Wheatley voting in opposition and Rep. Litvack absent for the vote.     

Chair Bird relinquished the chair to Vice Chair Sanpei.

H.R. 5    House Committee Name Change Resolution (Rep. J. Bird)

Rep. Bird explained the resolution to the committee.

MOTION:    Rep. Menlove moved to send out H.R. 5 with a favorable recommendation. The motion passed unanimously with Rep. Litvack absent for the vote.

MOTION:    Rep. Peterson moved to place H.R. 5 on the Consent Calendar. The motion passed unanimously with Rep. Litvack absent for the vote.

H.J.R. 17    Joint Resolution on Interim Committee Name Change (Rep. J. Bird)

Rep. Bird explained the resolution to the committee.

MOTION:    Rep. Peterson moved to send out H.J.R. 17 with a favorable recommendation. The motion passed unanimously with Rep. Litvack absent for the vote.

MOTION:    Rep. Grover moved to place H.J.R. 17 on the Consent Calendar. The motion passed unanimously with Rep. Litvack absent for the vote.

Rep. Grover moved to adjourn. The motion passed unanimously with Rep. Litvack absent for the vote.

Vice Chair Sanpei adjourned the meeting at 3:24 p.m.







                    _________________________________________
                    
Rep. Jim Bird, Chair