Legislature(2011 - 2012)

2012-04-11 House Journal

Full Journal pdf

2012-04-11                     House Journal                      Page 2337
HJR 40                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE JOINT RESOLUTION NO. 40                                                                                              
     Commending the governor and the administration for aggressively                                                            
     working to enforce the rights of the state in R.S. 2477 rights-of-                                                         

2012-04-11                     House Journal                      Page 2338
     way; urging the governor and the attorney general to develop a                                                             
     working alliance with other western states to protect and enforce                                                          
     the states' interests in ensuring access using rights-of-way                                                               
     authorized by R.S. 2477; urging the governor and the attorney                                                              
     general to support the State of Utah and the southern counties of                                                          
     Utah in a lawsuit against the federal government concerning R.S.                                                           
     2477 rights-of-way, including filing an amicus brief in support of                                                         
     Utah; urging the governor to dedicate state resources to establish,                                                        
     protect, and enforce the state's interests in R.S. 2477 rights-of-way                                                      
     and to preserve state rights-of-way against encroachment by the                                                            
     federal government; urging the governor to reestablish a                                                                   
     federalism section in the Department of Law and sections in the                                                            
     Department of Natural Resources and the Department of Fish and                                                             
     Game to support the preservation of the state's rights and powers                                                          
     in compact cases; and urging the governor to prepare an                                                                    
     appropriation request to fund an aggressive effort by the state to                                                         
     resolve issues relating to R.S. 2477 rights-of-way, including                                                              
     possible litigation, and to continue to work to preserve the rights                                                        
     of the state in regard to R.S. 2477 rights-of-way.                                                                         
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 RES RPT CS(RES) NT 4DP 3NR 1AM                                       2151                                                      
 FN1: ZERO(LEG)                                                       2153                                                      
 JUD RPT CS(JUD) NT 5DP                                               2299                                                      
 FN1: ZERO(LEG)                                                       2300                                                      
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
the following committee substitute be adopted in lieu of the original                                                           
resolution:                                                                                                                     
                                                                                                                                
     CS FOR HOUSE JOINT RESOLUTION NO. 40(JUD)                                                                                  
     Commending the governor and the administration for aggressively                                                            
     working to protect the interests of the state in rights-of-way under                                                       
     R.S. 2477; urging the governor and the attorney general to                                                                 
     develop a working alliance with the governors, attorneys general,                                                          
     and legislatures in other western states to protect and enforce the                                                        
     states' interests in ensuring access using rights-of-way authorized                                                        
     by R.S. 2477; urging the governor and the attorney general to                                                              
     support the interests of the State of Utah and southern counties of                                                        
     Utah in R.S. 2477 rights-of-way by actively seeking confirmation                                                           

2012-04-11                     House Journal                      Page 2339
     of R.S. 2477 rights-of-way through various means, including                                                                
     initiating litigation in this state; urging the governor and the                                                           
     attorney general to develop a strategy for resolving the dispute                                                           
     over the right to continued access using R.S. 2477 rights-of-way                                                           
     in the state, including the possibility of bringing lawsuits against                                                       
     the federal government to preserve the state's interest in rights-of-                                                      
     way; urging the governor to further strengthen the resources of the                                                        
     state for protecting the state's rights by continuing to focus the                                                         
     efforts of the Department of Law, the Department of Natural                                                                
     Resources, the Department of Fish and Game, and other                                                                      
     departments on defending the state's rights and powers with regard                                                         
     to access and federalism issues; and urging the United States                                                              
     Congress to enact legislation requiring federal agencies with land                                                         
     management authority to establish a process to recognize valid                                                             
     R.S. 2477 rights-of-way claims expeditiously after a notice of                                                             
     intent to claim an R.S. 2477 right-of-way has been filed without                                                           
     the need to dispute those claims in court and to participate in good                                                       
     faith in the process.                                                                                                      
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Representative Austerman moved and asked unanimous consent that                                                                 
CSHJR 40(JUD) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CSHJR 40(JUD) was read the third time.                                                                                          
                                                                                                                                
The question being:  "Shall CSHJR 40(JUD) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHJR 40(JUD)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  33   NAYS:  4   EXCUSED:  2   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Costello, Dick, Fairclough,                                                                 
Feige, Foster, Gara, Gardner, Gruenberg, Hawker, Holmes, Johansen,                                                              
Johnson, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman,                                                                
Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson,                                                            
Tuck, P.Wilson, T.Wilson                                                                                                        
                                                                                                                                

2012-04-11                     House Journal                      Page 2340
Nays:  Edgmon, Guttenberg, Herron, Joule                                                                                        
                                                                                                                                
Excused:  Doogan, Kawasaki                                                                                                      
                                                                                                                                
And so, CSHJR 40(JUD) passed the House.                                                                                         
                                                                                                                                
Representative Herron gave notice of reconsideration of the vote on                                                             
CSHJR 40(JUD).