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Show Wedoey. k'ju h 5, 2008 0 A I I Y H Senate agi'ees with House on town incorporation amendments Jeff DeMoss : stitutional manner." While the Powder Mountain STANDARD EXAMINES The Senate and House have agreed on legislation restricting the process for incorporating new towns in Utah, but Ogden Valley residents opposed to a new town around Powder Mountain will likely have to look past the Legisla- ture to remedy their concerns. The Senate unanimously passed a bill Tuesday that retional." quires more public input and approval of the majority of residents in a proposed area before a town can incorporate. House Bill 164, sponsored by Rep. Mel Brown, requires those filing for incorporation to go through a public hearing process, and get the approval of the majority of property owners and registered voters in the proposed area. Under the new legislation, town officials would be elect- - -ed, .rather than appointed by those incorporating the town as current law allows. However, HB 164 does not apply to petitions already filed under existing law, so it has no direct impact on the Powder Mountain petition, which was filed in January. Residents of Eden who have been involuntarily drawn into the Powder Mountain plans descended on the state capitol Tuesday to express their concerns with the process. "A few large landowners will be able to tax us and enter into financial arrangements for which we will bear the liability in the long run," said Darla Van Zeben, one of the organizers of a movement against the development. The Legislature last year approved House Bill 466, which allows an area to be incorporated as a town, as long as owners representing more than half of the area's land value are in agreement. There have been several petitions filed under the law since, and some legislators say they can't deny those who are following existing law. Leaders in both the Senate and House have resisted efforts to make HB 164 retroactive to cover petitions already filed, saying it opens the door to a wave of expensive law- D A3 loretta " It also del itti i rnp,mion animal as ni.iiHKM: doi or cits. Pitvis. tth tin Amm.il A ik';u v AIIkiiuv ot I j ah, said s ot I tabus either own a dog or cat "and thev are like tannly nit'inbers." Cietle Baireschmult. of the Humane Society of Utah, said the bill "i- - a landinai k piece of legislation. It clearly sends a message: if you torture a dog nr cat. ou will lace mtuhis penalties V The bill also puts Utah more in line with the rest of the country, Baireschniidt said. Chnstensen's bill is very close to louse Bill 470, sponsored by Rep. Sheryl Allen, Her bill passed the House last week on It is in the Senate for further a vote of 61-consideration, but lawmakers doubt it will be voted on before the session ends. Park Animal rights activist Anne Davis cried tears of joy when the House approved Senate Bill 2!l7 on Tuesday. Mel Browry ttto-thtul- Sponsored by Sen. Allen Christensen, Ogden, the bill makes cruelty to a come panion animal a felony, which carries with it a sentence of up to five years in the Utah State Prison on conviction. The House vote was . The bill now goes back to the Senate for consideration of House amendments. The bill defines torture as "intentionally or knowingly causing or inflicting extreme physical pain to an animal in an especially heinous, atrocious, cruel or exceptionally depraved Sponsored by: ; third-degre- Town Incorporation Process Amendments This bill would modify provisions relating to the incorporation of a town. 62-6- I get an extra 15offmany regular & sale prices during our m0 SALE Forward Spring Storewide savings & values START TODAY - 30 EXTRA 15 J OFF WOMEN'S DRESS SHOES D. Reg. " c C J ''"" ',;L I ' sale 41.30-62.3- $59-$8- final cost 35.10-52.9- suits. A companion bill, Senate Bill 25, contains a retroactive provision, but the House is unlikely to address it on the floor, legislators said. "The issue is the law is what it is," Brown said. "Whether it's good or bad or flawed, we can't change laws in the middle of the stream. For everyone who benefits, someone gets hurt." Others say the passage of HB 466 in the waning days of last year's legislative session was an egregious oversight, with serious unintended consequences that need to be addressed. "Some people in this body don't have the political will to back up and admit there was a wrong, and we should right it," said Sen. Allen Ogden, who apologized for voting in favor of House Bill 466 last year. "I had no idea it was wrong at the time," he said. "I think it flew past all of us." An attempt by Christensen Tuesday to make HB 164 retroactive to Jan. 1 failed on the Senate floor. While they are grateful that legislators attempted to correct the problem, some Eden residents say the damage may be irreversible. "This really needs to be totally taken back," resident Casey Bateman said. "People need to be elected by their neighbors around them, and (HB) 466 destroyed that. There's nothing to give people a chance to organize themselves in a con- - l Animal cruelty measure passes House IXB1G4 incorporation petition has been tabled at least until next week by the Weber County Commission, Van Zeben said residents will likely have to take legal action now. "We're frustrated that we will have to use our money to sue the state, and the state will spend taxpayer money , defending itself, all over a bill that is clearly unconstitu- A R 1 25 EXTRA 15 OFF GIANNI BERNINI HANDBAGS E. Only at Macy's. Reg. final cost sale 26.78-105.1- . Chris-tense- SALE 149.99 EXTRA 20 OFF 1 : CUISINART 11 -- CUP FOOD PROCESSOR . 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