H.B. 132 Military Amendments: transcript

what the committee process is about. Alright, we're gonna move to the final bill, and sadly, I have the, uh, opportunity to present that. So I'm gonna ask Representative Pucci to come up here and take command.

All right, thank you very much. As, uh, often happens to be my responsibility, I get a lot of, uh, military bills. Uh, the bill before you has a substitute that substitute was, was, uh, approved in the, uh, rules committee. And so, um, I'll be speaking to first sub house Bill 1 32, but I also need to point out there was an amendment and, uh, I will, I will outline what that amendment is as well. E essentially what this bill does, if you look at it, it's very short. Um, anyone who's, uh, been in a position to receive honoraria before gifts from other agencies or individuals, uh, or governments, knows pretty full well the, the rules in code that apply to individuals receiving gifts. This bill, uh, is designed to help our adjuvant general, who is leading the National Guard, uh, to be able to, uh, receive, uh, items. And I'll give you some examples in just a moment. It also adjusts the Veterans Military Affairs Commission, drops it down by one, one member, and it includes in the Army compatible Use Agreements. And I'll talk about those two. Uh, the Naval Reserve, uh, the Naval Industrial Reserve Ordinance Plant, which is up in northern Utah, uh, near Hill Air Force Base. Uh, now why would, uh, we need the Adjunct General be able to receive gifts from differing organizations for differing events? An example I'll give you, on many occasions, the guard goes into the third world and performs, uh, humanitarian missions where they see thousands of patients, uh, that need medical care. Uh, before we launch on a mission like that, we may receive 10,000 pair of glasses that people, uh, are donating, uh, that we can take with us to the Middle East. We actually have optometrists do eye exams, and then they can hand out those glasses. This allows the adjunct General to accept things like that. It, it also allows to accept items for the military museum. We've had families that wanna donate World War II uniforms and memorabilia that we can then put into the museums. And so this, uh, if you look at Lions 1 39 through 1 43, it gives some examples of that. And then, uh, finally before I submit to questions, um, it also allows, uh, organizations, military bases that exist adjacent to cities to enter into what I call good neighbor agreements, army compatible use agreements where a, where a a city would agree in working with a military base that they'll try to their best with regard to zoning to make sure that they don't create something that would put the military base outta business. I'll give you an example where this worked was down at Hill Air Force Base where there was a, a recommendation to build a facility that would've shut down the runway if it had been allowed to be put in. And you can imagine the billions that would take the taxpayers to move Hill Air Force Base for a larger apartment complex that was gonna be built at the end of the runway. So the Acup agreement, uh, is just a, an opportunity to work with the cities and the, and the bases keep these bases in operation. And that essentially is the bill. Uh, the amendment simply, there was a mistake made on line 40 and, uh, the, the word reserve, uh, belongs after industrial and not before. So it said Naval Reserve industrial ordinance, plant the amendment changes it to Naval Industrial Reserve Ordinance Plant. And with that, if I haven't confused you entirely, I, I, uh, yield my time for questions.

Thank you Madam Chair. Um, representative, quick question. I notice in line 1 31, and this is existing code that they're authorized to receive gifts, contribution donations of all kind, including tangible objects and real property. Does, does that actually include property like land? Can they receive under these adjustments physical land as a gift?

I'm gonna, uh, phone my friend here, um, who works for the guard. Go ahead sir. Hi,

My name is Dan Schoenfeld. I work with the guard It in limited circumstances that might be, uh, property that we would receive through the ar um, armory board for, um, purchase of a or for building an armory or a military facility, very rarely would that occur. Generally what happens, 'cause I sat in the chair, is we would trade land and being a member of the state armory board with the governor and one other, we were able to make those decisions and, and swap real estate. I never saw a case where real estate was donated, but I've seen it where swaps occur. Fair, fair market value swaps.

I guess my question revolves around, we do have obviously some, some statutory code, um, that allows certain, uh, range of activities and, and on these military locations we have security considerations. We have a lot of things that, that impact the geographic footprint of these military facilities. I'm just wondering if some organization, government, individual or otherwise were to make a donation of land to, um, to one of these under this new code. Would that materially change? Do you see foreseeing any potential, you know, unintended consequences of extending now that footprint and how that, uh, code may affect different ordinances of cities or neighborhoods or anything like that? Just trying to think ahead.

Yeah, no, I think that's a great question. I, I, again, I've never seen a case of that. I don't think this allows, bear in mind the adjunct general, if you, if you look at the acceptance of gifts requirements in state and federal law, they're very clear about, about personal gifts. What this is simply trying to do, if you look at at 1 39, 1 43 is these are, these are gifts for humanitarian purposes for museum purposes. If, if somebody sought to donate a large amount of land, that would be a, a whole nother process. This, I do not believe this bill would cover something like that. That's something of, uh, extreme real value. The stuff I'm talking about is, is simple things. Right now in code, the avant general doesn't have the ability to accept humanitarian aid equipment or, uh, disaster relief stuff. A good example was Morocco had a, a serious earthquake and we received millions of dollars of donations from the LDS church. It took a great deal of time to get permission for him to be able to accept that while these people are suffering and get it in the air. And so the intent of this bill is, is that it's not, uh, the armory board is the encode, by the way, is the only organization that can accept property for the, the National Guard or for any military facility that's, uh, controlled by the State Hill Air Force base has different rules because they're a federal entity. Uh, but I cannot conceive of a, of a time to an, to try to answer your question where the armory board wouldn't take precedence and that is the governor, the tag, and then one, uh, very experienced real estate executive that's added to that organization. So I don't, I'm not sure that answered your question.

Uh, and just to clarify if that's okay, Madam Chair for this, go ahead.

So, but it, it seems as though, based on what you've described, that my potential, you know, uh, rare consideration or concern, this code doesn't necessarily, uh, allow for the donation of large scale land plots of anything. Even though the, the, the plain language may indicate it could, there could be other sections of code that that prevent, that Any land transfer is covered by the code that covers the armory board.

This would not, again, this, these are incidental small things like, like you used reading glasses. Seriously, there's nothing in code to let him do that right now. And that's why we're asking for this minor change.

Perfect. Thank you.

Good afternoon. Brian Garrett also representing Utah National Guard. Just to clarify, um, the conversation about the real property, that language has been in code for a numbers of years and that centered around a donation that, um, uh, a number of local entities, the Millard Family, Zions Bank and Yale DS church came together to build a new chapel on Camp Williams. And that legislation was passed at that time. Probably, oh gosh, it's been eight to 10 years ago. That language, um, was put in there to help with that transfer of the chapel. But the intent is Representative Burton said is not to take large for the guard to be able to take large property, um, through donation that would be done through the board. We just wanted to explain that lot's, a bit of why that property piece has historically been in the

I, I reside in Saratoga. I'm currently On vacation. That's it. There you go. I didn't

Thank you Madam Chair. Are there no substitutes or amendments? Uh, we do need to, uh, move amendment one.

Yeah. Fantastic. Then I move, I move Amendment one.

Would you like to speak to it? Waive. Okay.

Thank you. Um, I move that we recommend HB 1 32 military amendments as substituted and amended with a favorable recommendation.

I am nothing if not common sense, so no. Thank, thank you.

There you go. Motion to adjourn. Non debatable.

Alright, thank you Mr. Chair. Um, and committee, uh, with me, Brian Garrett, uh, deputy Executive Director of veterans military affairs com.

Uh, for the State of Utah, um, HB first substitute HB 1 32 does three things. Uh, first of all, it uh, adjusts the membership of the Veterans and Military Affairs Committee from, or commission rather, from, uh, 18 permanent members to 17. That's on line 76 and 77. Um, it amends the, the fact that the adjunct general's now allowed to accept donations for humanitarian, uh, projects and or museum donations and so forth that was not in code currently. And so we needed to add it. Uh, we do a myriad humanitarian missions all around the world and we'll collect things like eyeglasses, for instance, to be used, uh, in the third world. And this allows him to accept donations like that. Maybe a donation of a World War II uniform for a museum. And then finally it, uh, adds the Naval Industrial Reserve or ordinance plant, which is up near Hill Air Force base to the list of facilities that municipalities need to coordinate with when determining land use compatibility. What that does is it precludes things like almost happened up at Hill recently with the construction of a high density housing unit that if, if completed or put in that location would've shut down the runway. And so this just, uh, encourages businesses and communities rather to coordinate with, uh, these types of agencies and organizations. And that's, uh, on line 1 36, 1 43. So I'm now open to questions if you have any.

No, sir. Thank you. Why, why make comments after the general.

I make a motion that House Bill 1 32 substitute one, military amendments passed with a favorable recommendation.

I'll waive. Thank you all

Motion to adopt, uh, a Second Amendment in my name and that should be posted.

Yes, I would. Uh, briefly, uh, line 40. It's simply a, uh, a spelling error. One letter was dropped from the word ordinance to make it, uh, properly spelled as ordinance and that is the amendment.

Thank you Ms. Speaker. Um, first substitute House Bill 1 32 does three things. It adjusts the membership of the Veterans and Military Affairs Commission, which primarily meets in the interim from 18, uh, full members to 17. It amends, uh, the Adjunct General of the Utah National Guard's ability to accept donations primarily for humanitarian projects and museums and so forth. That's on lines 1 36 to 1 43. And then it also includes, uh, the Naval Industrial Reserve Ordinance Plant, uh, in the requirement to coordinate with surrounding communities for land use. Compatibility. With that, I'm open to questions.

Thank you Mr. Speaker. Will the sponsor yield to a question? Representative Burton, will you yield to a question? I

Will, Yes. Representative Hansen.

Thank you Mr. Speaker. Um, why add another proton pour member? I'm just curious.

I'm, I'm sorry. Say that again ma'am, please. There a reason Mr. Speaker, I, I didn't hear the question, Mr. Speaker.

Oh, is there a reason why we are wanting to add another pro term or to the, is it the committee or the commission?

Yeah. On line 76, Mr. Speaker 77, it simply, uh, drops the number of, of, uh, standing members of the committee from 18 to 17. Uh, it was decided that we, we didn't need 18 full members.

Thank you, Mr. Speaker.

Thank you, Mr. Speaker. This, uh, bill just simply helps with the governance of our, uh, military here in the state and would appreciate your support. Thank you.

donated for purposes related to the state military museum, the state partnership program, humanitarian programs, um, disaster or emergency relief, or to create a more, uh, memorial honoring activities of the National Guard. Um, but our adjunct general needs us to give him, um, the ability to be able to accept gifts that make a difference in, um, taking care of others or supporting our National Guard. And with that I'm open to questions.

Senator Vickers Derry Lewin Brammer Bus cu es Camilla Fillmore Grover Harper Kins Ipsen Aye. Johnson Juab Aye. McKay Aye. Mikel Milner Aye. Musman Aye. Owens Cher Aye. Plum Aye. Rebi Aye. Sandal Stevenson Stratton Aye. Vickers Aye. Weiler Aye. Wilson. Aye. Winterton President Adams Aye. First substitute household 1 32. Having received 26 yay votes, zero nay votes.

Thank you President. So this Viss technical correction is just that it eliminates or corrects references involving repealed provisions, uh, makes other technical correct corrections,

to some military affairs issues related to the National Guard. The primary thing it does is allow the Adjuvant General to be able to take donations for the museum partnership program, a humanitarian program, and emergency response kinds of things. That's, um, other than that they're really technical details. With that, I'm open to questions. Thank

The question, the question is, shall first substitute House Bill one thirty two pass. Roll call vote.

Thank, thank you Mr. President. Uh, the bill authorizes the Public Service Commission