Governor Herbert Takes Action on Outstanding Bills

SALT LAKE CITY – Governor Gary R. Herbert acted on the remaining outstanding bills from the 2010 legislative session today, including:
HB141, McIff – “Recreational Use of Public Water on Private Property”
SB281, Stowell – “Public Access to Stream Beds – Utah Waterways Task Force”
“I am signing HB141 because we need to begin the process of addressing the unfortunate gulf between outdoor recreationalists and private property owners. I recognize the potential conflict between private property rights and the right of public access to Utah’s waterways. Today, I pledge my commitment to work with both sides over the coming year to improve opportunities and arrive at a workable solution.”
“My hope is that this bill puts both sides of the equation on equal footing and allows the conversation to continue in a productive fashion. While this bill largely puts the state in the position it was in prior to a 2008 Utah Supreme Court ruling on the matter, I realize that this issue is not resolved. I have tasked Ted Wilson, as head of Governor’s Council on Balanced Resources, to represent my administration and interact with the legislative task force established through SB281. As Governor, I will also engage personally to find a common-sense solution.”
“In the meantime, I am asking property owners to join in the discussions, to avoid conflict with anglers and to be generous in allowing access as we move forward. I am also asking anglers and other recreationalists to respect the law, to follow the proclamations of the Division of Wildlife Services and to avoid conflict with land owners.”
HB146, Noel – “Law Enforcement by Federal Land Management Agency”
“I understand the sentiment that motivated the passage of this piece of legislation, and I agree with the need to strike an appropriate balance between the powers of the federal government and the state with regard to law enforcement issues. For that reason, I chose to sign HB146.”

“However, in doing so, I believe it is also important to reaffirm my commitment to working with the federal government to build stronger relationships in the State of Utah. I look forward to working with federal law enforcement in a collaborative fashion. The federal government has an important role in managing federal land within the State, and we pledge to work with local, state, and federal law enforcement to ensure the continued safety of the public.”
“To that end, I will host a public safety conference on May 18, 2010. Invited will be representatives from across the law enforcement community to share ideas to make sure we are working together in a productive fashion. I have spoken personally with Interior Secretary Ken Salazar on this issue, and look forward to his agency’s attendance at the May 18 conference so that we may continue this important dialogue.”
HB196, Ray – “Tobacco Tax Revisions”
SB259, Christensen – “Amendments to Tobacco Tax”
“In December, I proposed a reasonable, rational and responsible budget that was balanced without tax increases. Throughout this legislative session, I have been consistent in my opposition to tax increases at a time when the state continues to move toward economic recovery.”

“However, the Utah Legislature opted to approve a tobacco tax increase as a means to balance the state budget. While I remain opposed to any increase in taxes this year, I recognize that the give-and-take of the legislative process requires negotiation, and I have found it necessary to accept the Legislature’s proposal in order to protect education funding in Utah.”

“At this time, it would be fiscally irresponsible for me to veto these two bills. A veto would create an imbalance in the state budget, and the potential impact on the public and higher education budgets is of particular concern. I have pledged my commitment to protecting education funding to the extent possible during these trying economic times.”

“It is for these reasons that I will allow HB196 and SB259 to go into law without my signature.”

SB22, Knudson – “Notary Public Amendments”
In his veto letter to legislative leadership, the Governor stated: “This bill would repeal the provisions of Utah law requiring that those seeking to become notaries pass a written test. Many states around the country have looked to Utah’s testing procedures as a model to help ensure that notaries understand the responsibilities and duties they undertake. The people of Utah will not be well served by removing the testing requirement.”
Governor Herbert also signed the following bills:
HB2, Bigelow – “Fiscal Year 2010 and Fiscal Year 2011 Supplemental Appropriations”
HB3, Bigelow – “Appropriations Adjustments” (including four technical line item vetoes)
HB6, Dee – “State Agency Compensation Appropriations”
SB2, Stephenson – “Minimum School Program and Public Education Budget Amendments”

HB81, Allen – “School Employee Criminal Background Check”
HB93, Menlove – “Motorcycle and Off-highway Vehicle Amendments”
HB100, Powell – “Heber Valley Historic Railroad Authority”
HB106, Seelig – “Expedited Background Checks for Human Services Providers”              
HB110, Daw – “County Jail Inmate Medical Costs”                                                          
HB197, Wimmer – “Custodial Interference Amendments”
HB199, Last – “Municipal Clerk and Recorder Responsibilities”
HB207, Wimmer – “Protection of Property Amendment”
HB274, Lockhart – “Statutory Construction Compliance Amendments”
HB275, Froerer – “Division of Real Estate Amendments”
HB307, Hughes – “General County Powers Amendments”
HB312, Ray – “Medical Expenses for Offenders”                                                              
HB320, Herrod – “Utah Construction Trades Licensing Act – Alarm Companies Amendments”
HB321, Hughes – “Bond Election Notification Revisions”
HB329, Ferry – “Campaign Finance Amendments”                                                            
HB386, Hughes – “Interstate Compact on Educational Opportunity for Military Children”
HB395, Noel – “Limitation of Actions Amendments”
HB396, Ipson – “Speech-language Pathology and Audiology Licensing Act Amendments”
HB398, Seegmiller – “Sexually Oriented Business License Amendments”
HB438, Lockhart – “Transportation Modifications”
HB464, Dougall – “Family Health Services Rfps – Tobacco Settlement Funds”

SB52, Stowell – “State Board of Regents Amendments”
SB122, Adams – “Eminent Domain Revisions”
SB217, Jenkins – “Increase in Surcharge on Fines”
SB251, Buttars – “Verification of Employment Eligibility”
SB265, Liljenquist – “Budget Revisions – Drug Court Expansion”
SB277, Adams – “DNA Modifications”