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 General’s 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 Auditor’s 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