MINUTES OF THE
HOUSE POLITICAL SUBDIVISIONS
STANDING COMMITTEE
Room 450 State Capitol
January 30, 2015
Members Present: Rep. R. Curt Webb, Chair
Rep. Kraig Powell, Vice Chair
Rep. Johnny Anderson
Rep. Kim Coleman
Rep. Michael S. Kennedy
Rep. Justin J. Miller
Rep. Dixon M. Pitcher
Rep. Marie H. Poulson
Rep. Norman K. Thurston
Rep. Raymond P. Ward
Members Absent: Rep. James A. Dunnigan
Rep. Don L. Ipson
Staff Present: Mr. Joseph T. Wade, Policy Analyst
Ms. Karen Mitchell, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Webb called the meeting to order at 2:07 p.m.
MOTION: Rep. Ward moved to approve the minutes of the January 27, 2015 meeting. The motion passed unanimously with Rep. Anderson, Rep. Coleman, Rep. Dunnigan, Rep. Ipson, and Rep. Poulson absent for the vote.
H.B. 61 Municipal Business Licensing Amendments (Rep. J. Anderegg)
MOTION: Rep. Pitcher moved to table H.B. 61. The motion passed unanimously with Rep. Anderson, Rep. Coleman, Rep. Dunnigan, Rep. Ipson, and Rep. Poulson absent for the vote.
H.B. 45 Local Governing Body Amendments (Rep. R. Cunningham)
Rep. Cunningham explained the bill to the committee.
MOTION: Rep. Thurston moved to replace H.B 45 with 1st Substitute H.B. 45. The motion passed unanimously with Rep. Anderson, Rep. Coleman, Rep. Dunnigan, Rep. Ipson, and Rep. Poulson absent for the vote.
MOTION: Rep. Ward moved to pass 1st Substitute H.B. 45 out favorably. The motion passed unanimously with Rep. Coleman, Rep. Dunnigan, Rep. Ipson, and Rep. Poulson absent for the vote.
MOTION: Rep. Miller moved to place 1st Substitute H.B. 45 on the Consent Calendar. The motion passed unanimously with Rep. Coleman, Rep. Dunnigan, Rep. Ipson, and Rep. Poulson absent for the vote.
H.B. 142 Municipal Government Revisions (Rep. J. Anderegg)
Rep. Anderegg explained the bill to the committee.
Spoke for the bill: George Chapman, Citizen
Spoke against the bill: Gary Crane, Utah League of Cities and Towns
Brian Chapman, BCR Political
MOTION: Rep. Anderson moved to hold H.B. 142. The motion passed unanimously with Rep. Dunnigan and Rep. Ipson absent for the vote.
H.B. 160 Drive-through Service Usage Amendments (Rep. Johnny Anderson)
Rep. Anderson explained the bill to the committee and showed a video clip.
Spoke for the bill: Melva Sine, Utah Restaurant Association (handouts)
Kate Bradshaw, Utah Retail/Food Association
Gary Moore, Quick Service Restaurant
George Chapman, Citizen
Spoke against the bill: Philip Sarnoff, Bike Utah
Luke Garrett, Salt Lake City Council
Dan Fazzini, Citizen
Spoke to the bill: Derrick Smith, Insurance for Quick Service Restaurants
MOTION: Rep. Ward moved to pass H.B. 160 out favorably.
SUBSTITUTE
MOTION: Rep. Powell moved to amend the bill as follows:
1. Page 1, Lines 16 through 17:
16 ∙ to accommodate in the drive-through service a { person who is not in a motorized
17vehicle } pedestrian ; and
2. Page 2, Lines 40 through 51:
40 { (d) "Motorcycle" means a motor vehicle having a saddle for the use of the operator and
41designed to travel on not more than two tires.
42 (e) (i) "Motor vehicle" means a self-propelled vehicle, including a motorcycle,
43intended primarily for use and operation on the highways.
44 (ii) "Motor vehicle" does not include an off-highway vehicle.
45 (f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, or
46all-terrain type II vehicle. }
47 (2) A municipality may not withhold a business license, deny a land use application, or
48otherwise require a business that has a drive-through service as a component of its business
49operations to:
50 (a) allow a { person other than a person in a motorized vehicle } pedestrian to use the drive-through
51service; or
3. Page 3, Lines 66 through 77:
66 { (d) "Motorcycle" means a motor vehicle having a saddle for the use of the operator and
67designed to travel on not more than two tires.
68 (e) (i) "Motor vehicle" means a self-propelled vehicle, including a motorcycle,
69intended primarily for use and operation on the highways.
70 (ii) "Motor vehicle" does not include an off-highway vehicle.
71 (f) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, or
72all-terrain type II vehicle. }
73 (2) A county may not withhold a business license, deny a land use application, or
74otherwise require a business that has a drive-through service as a component of its business
75operations to:
76 (a) allow a { person other than a person in a motorized vehicle } pedestrian to use the drive-through
77service; or
The substitute motion failed with Rep. Powell voting in favor of the amendment. Rep. Dunnigan and Rep. Ipson were absent for the vote.
The original motion passed with Rep. Miller, Rep. Poulson, and Rep. Thurston voting in opposition. Rep. Dunnigan and Rep. Ipson were absent for the vote.
H.B. 127 Local Land Use Amendments (Rep. J. Peterson)
This bill was not considered.
MOTION: Rep. Anderson moved to adjourn. The motion passed unanimously with Rep. Dunnigan and Rep. Ipson absent for the vote.
Chair Webb adjourned the meeting at 4:26 p.m.
___________________________________
Rep. R. Curt Webb, Chair