MINUTES OF THE

 

SENATE GOVERNMENT OPERATIONS AND POLITICAL SUBDIVISIONS

STANDING COMMITTEE

Room 415, Utah State Capitol

February 26, 2014

 

Members Present: Sen. Margaret Dayton, Chair

Sen. Luz Robles

Sen. Brian E. Shiozawa

Sen. Daniel W. Thatcher

Sen. Kevin T. Van Tassell

 

Members Excused: Sen. Lyle W. Hillyard

President Wayne L. Niederhauser

 

Staff Present: Rich North, Policy Analyst

Karen C. Allred, Committee Secretary

 

NOTE: A list of visitors and a copy of handouts are filed with the committee minutes.

 

Chair Dayton called the meeting to order at 4:18 p.m.

 

 

S.B. 179 Procurement Revisions (Sen. Jenkins)

 

Sen. Jenkins explained the bill to the committee.

 

Spoke to the bill: Kent Beers, Director of Purchasing, Utah Department of Administrative Services

 

Spoke for the bill: LeGrande Bitters, Executive Director, Utah Association of Special Districts

Roger Tew, Utah League of Cities and Towns

Renae Cowley, Foxley Pignonelli,

Alan Bachman, Assistant Attorney General, Division of Purchasing, Attorney Generals Office

 

MOTION: Sen. Van Tassell moved to replace the bill with 1st Sub. S.B. 179. The motion passed unanimously with Sen. Robles and Sen. Shiozawa absent for the vote.

 

MOTION: Sen. Van Tassell moved to amend the bill as follows:

1.                  Page 128, Line 3835:

 


3835 (b) {Notwithstanding Subsection (1)(a), it} It is not unlawful for a public agency to {make} give, offer, promise, or pledge to give a

 

 

 

The motion passed unanimously with Sen. Robles and Sen. Shiozawa absent for the vote.

 

Spoke against the bill: Rich Thorn, President, CEO, Associated General Contractors of Utah

Michael Smith, Executive Director, American Council of Engineering Companies, Utah

Craig Peterson, American Council of Engineering Companies

 

MOTION: Sen. Van Tassell moved to the next item on the agenda. The motion passed unanimously.

 

The sponsor requested to speak to the bill.

 

Sen. Jenkins spoke to the bill.

 

At the Chairs request Rich Thorn, President, Chief Executive Officer, Associated General Contractors of Utah, spoke to the bill.

 

MOTION: Sen. Thatcher moved to pass the bill out favorably. Roll Call Vote. The motion passed with Sen. Dayton and Sen. Robles voting in opposition.

 

 

MOTION: Sen. Van Tassell moved to approve the minutes of the February 25, 2014 meeting. The motion passed unanimously

 

 

S.J.R. 15 Joint Resolution on Political Parties and Their Candidates (Sen. Jenkins)

 

MOTION: Sen. Van Tassell moved to replace the bill with 1st Sub. S.J.R. 15. The motion passed unanimously.

 

Sen. Jenkins explained the bill to the committee.

 

Spoke for the bill: James Humphreys, Media Public Relations, Protect Our Neighborhood Elections

Skylor Burnside, Member, Utah First Political Issues Committee

Dalane England, Utah Eagle Forum

Fred Cox, Citizen

Lynda Pipken, Citizen

 

 

 

 

Spoke against the bill: Jenn Gonelly, President, League of Women Voters

 

MOTION: Sen. Thatcher moved to pass the bill out favorably. The motion passed with Sen. Robles voting in opposition.

 

1st Sub. H.B. 220 Land Use Amendments (G. Frorer)

 

MOTION: Sen. Van Tassell moved to amend the bill as follows:

1. Page 1, Lines 19 through 21:

 


19 { requires a municipality and a county, if enacting an ordinance that imposes a stricter

20 requirement or higher standard than is required by the land use chapters in state

21    statute, to justify the stricter requirement or higher standard;}


 

2.                  Page 2, Line 34:

 


34    {, as last amended by Laws of Utah 2013, Chapter 309}


 

3. Page 2, Line 39:


39    {, as last amended by Laws of Utah 2013, Chapter 309}


 

4. Page 12, Line 363 through Page 13, Line 384:


363 {Section 2. Section 10-9a-104 is amended to read:

364 10-9a-104. Stricter requirements.

365 (1) Except as provided in Subsection (2), a municipality may enact an ordinance

366 imposing a stricter [requirements] requirement or higher [standards] standard than [are] is


367 required by this chapter[.], if the municipality:

368 (a) prepares in writing a justification of why imposing a stricter requirement or higher

369 standard is necessary;

370 (b) includes the written justification under Subsection (1)(a) with each publication of

371 the proposed or adopted ordinance being justified; and

372 (c) holds a public hearing on the written justification under Subsection (1)(a)

373 concurrent with the public hearing on the ordinance being justified.

374 (2) A municipality may not impose stricter requirements or higher standards than are

375 required by:

376 (a) Section 10-9a-305; and

377 (b) Section 10-9a-514.

378 (3) Before January 1, 2015, a municipality shall, for each ordinance in effect on May

 

379 13, 2014, that imposes a stricter requirement or higher standard than is required by this chapter:

380 (a) prepare in writing a justification of why a stricter requirement or higher standard is

381 necessary; and

382 (b) include the written justification under Subsection (3)(a) with the ordinance being

383 justified with each publication of the ordinance.}

 

384 Section {3} 2 . Section 10-9a-509 is amended to read:


 

5. Page 17, Line 494:


494 Section {4} 3 . Section 10-9a-608 is amended to read:


 

6. Page 19, Line 565:


565 Section {5} 4 . Section 10-9a-609 is amended to read:


 

7. Page 20, Line 591:


591 Section {6} 5 . Section 17-27a-103 is amended to read:


 

8. Page 31, Lines 931 through 952:


931 {Section 7. Section 17-27a-104 is amended to read:

932 17-27a-104. Stricter requirements.

933 (1) Except as provided in Subsection (2), a county may enact an ordinance imposing a

934 stricter [requirements] requirement or higher [standards] standard than [are] is required by this

935 chapter[.], if the county:

936 (a) prepares in writing a justification of why imposing a stricter requirement or higher

937 standard is necessary;

938 (b) includes the written justification under Subsection (1)(a) with each publication of

939 the proposed or adopted ordinance being justified; and

940 (c) holds a public hearing on the written justification under Subsection (1)(a)

941 concurrent with the public hearing on the ordinance being justified.

942 (2) A county may not impose stricter requirements or higher standards than are

943 required by:

944 (a) Section 17-27a-305; and

945 (b) Section 17-27a-513.

946 (3) Before January 1, 2015, a county shall, for each ordinance in effect on May 13,

947 2014, that imposes a stricter requirement or higher standard than is required by this chapter:

 

948 (a) prepare in writing a justification of why a stricter requirement or higher standard is

949 necessary; and

950 (b) include the written justification under Subsection (3)(a) with the ordinance being

951 justified with each publication of the ordinance.}

952 Section {8} 6 . Section 17-27a-508 is amended to read:


 

9. Page 35, Line 1061:

 


1061 Section {9} 7 . Section 17-27a-608 is amended to read:


 

10. Page 37, Line 1133:


1133 Section {10} 8 . Section 17-27a-609 is amended to read:

 

 

The motion passed unanimously.

 

Rep. Frorer explained the bill to the committee.

MOTION: Sen. Van Tassell moved to pass the bill out favorably. The motion passed unanimously.

 

1st Sub. H. B. 17 Interlocal Act Amendments (J. Anderson)

 

Rep. Anderson explained the bill to the committee.

 

Spoke to the bill: Van Christensen, Audit Director, State Auditors Office

Lincoln Shurtz, Utah League of Cities and Towns

Adam Trupp, Association of Towns

 

MOTION: Sen. Van Tassell moved to pass the bill out favorably. The motion passed unanimously with Sen. Shiozawa absent for the vote.

 

H.B. 238 Local Referendum Requirements Amendments (K. Powell)

 

Rep. Powell explained the bill to the committee.

 

MOTION: Sen. Van Tassell moved to pass the bill out favorably. The motion passed unanimously.

 

 

 

H.B. 339 County Budget Amendments (J. Seelig)

 

Rep. Seelig explained the bill to the committee.

 

Spoke for the bill: Jeremy Keele, Senior Advisory, Salt Lake County

 

MOTION: Sen. Robles moved to pass the bill out favorably. The motion passed with Sen. Thatcher voting in opposition.

 

MOTION: Sen. Van Tassell moved to adjourn. The motion passed unanimously.

 

Chair Dayton adjourned the meeting at 6:07 p.m.

 

 

 

 

 

________________________

Sen. Margaret Dayton, Chair