MINUTES OF THE

SENATE TRANSPORTATION & PUBLIC UTILITIES & TECHNOLOGY
STANDING COMMITTEE

215 Senate Building, Utah State Capitol Complex

February 12, 2015

Members Present: Sen .Alvin B. Jackson, Chair

Sen. J. Stuart Adams

Sen. Wayne A. Harper

Sen. David P. Hinkins

Sen. Karen Mayne

Sen. Kevin T. Van Tassell

Staff Present: Mr. Art Hunsaker, Policy Analyst

Ms. Karen Allred, Committee Secretary

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

Chair Jackson called the meeting to order at 3:40 p.m.

MOTION: Sen. Mayne moved to approve the minutes of the February 5, 2014 meeting. The motion passed unanimously with Sen. Adams absent for the vote.

S.B. 146 Driving Privilege Amendments (A. Millner)

Sen. Millner explained the bill to the committee.

MOTION: Sen. Harper moved to pass the bill out favorably. The motion passed unanimously with Sen. Adams absent for the vote.

MOTION: Sen. Harper moved to place the bill on the Consent Calendar. The motion passed unanimously with Sen. Adams absent for the vote.

S.B. 148 Children with Cancer Special License Plate (A. Osmond)

Sen. Osmond explained the bill to the committee.

MOTION: Sen. Harper moved to go to the next item on the agenda. The motion passed unanimously with Sen. Adams absent for the vote.

S.B. 160 Transportation Funding Amendments (K. Van Tassell)

Sen. Van Tassell explained the bill to the committee.

MOTION: Sen. Van Tassell moved to adopt the following amendments:

1. Page 11, Lines 309 through 311:

309 (2) For a fiscal year beginning on or after July 1, 2015, $40,000,000 is annually appropriated

310 from the Transportation Fund to the department to be used for maintenance on roads classified

311 by the department as level two roads for maintenance purposes.

The motion passed unanimously.

Spoke for the bill: Abby Albrecht, Utah Transportation Coalition

George Chapman, Citizen

Lee Peacock, president, Utah Petroleum Association

Dave Davis, President, Utah Food Industry

Lincoln Shurtz, Utah Association of Counties

Rick Clasby, Executive Director, Utah Trucking Association

Cameron Diehl, Utah League of Cities and Towns

Shane Marshall, Department Director, Utah Department of Transportation

Rich Thorn, President, Associated General Contractors

Andrew Gruper, WFRC

Carlos Braceros, Utah Department of Transportation

Craig Peterson, Engineering Companies

Paul O’Brien, Citizen

Spoke to the bill: Kelsey White, Utah Taxpayers Association

Dave Davis, President, Utah Retail Merchants Association

MOTION: Sen. Harper moved to adopt the following amendment:

1. Page 11, Lines 312 through 314:

312 (3) For a fiscal year beginning on or after July 1, {2015} 2017 , $25,000,000 is annually

313 appropriated from the Transportation Fund to the department to be used for bridge

314 rehabilitation projects.

The motion passed unanimously.

MOTION: Sen Adams moved to send the bill out favorably. The motion passed

unanimously.

S.B. 156 Energy Efficient Vehicle Tax Credit for Motorcycles (M. Dayton)

Sen. Dayton explained the bill to the committee.

Spoke for the bill: Phillip K. Anderson, Energy Efficient Vehicle owner

Ted Wilson, Utah Clean Air Partnership

Eric K. Hutchings, Representative

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

MOTION: Sen. Hinkins moved to place the bill on the Consent Calendar. The motion passed unanimously with Sen. Adams and Sen. Harper absent for the vote.

H.B. 26 Amendments to Driver License Records (E. Hutchings)

Rep. Hutchings explained the bill to the committee.

MOTION: Sen. Van Tassell moved to adopt the following amendments:

1. Page 2, Line 32:

32 This bill provides a special effective date.

This bill provides a coordination clause.

2. Page 2, Line 42:

42 72-9-107, as last amended by Laws of Utah 2009, Chapters 155 and 356

Utah Code Sections Affected by Coordination Clause:

53-3-102, as last amended by Laws of Utah 2014, Chapter 252

3. Page 3, Lines 61 through 71:

61 (5) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a driving

62 record that:

63 {(a)} (i) applies to a person who holds or is required to hold a commercial driver instruction

64 permit or a CDL license; and

65 {(b)} (ii) contains the following:

66 {(i)} (A) information contained in the driver history, including convictions, pleas held in

67 abeyance, disqualifications, and other licensing actions for violations of any state or local law

68 relating to motor vehicle traffic control, committed in any type of vehicle;

69 {(ii)} (B) driver self-certification status information under Section 53-3-410.1; and

70 {(iii)} (C) information from medical certification record keeping in accordance with 49

71 C.F.R. Sec. 383.73(o).

(b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a motor vehicle record described in Subsection 53-3-102(28).

4. Page 22, Lines 649 through 653:

649 (1) another state {via the commercial driver license information system} ;

650 (2) [any employer or prospective employer of a person to drive a commercial motor

651 vehicle] a motor carrier {or} , prospective motor carrier {with a release from the subject of the

652 record granting disclosure of the record upon request} , or authorized agent of a motor carrier or prospective motor carrier after notification to the driver and payment of a fee under Section

653 53-3-105;

5. Page 23, Line 682:

682 This bill takes effect on July 1, 2015.

Section 10. Coordinating H.B. 26 with S.B. 20 -- Substantive and technical amendments.

If this H.B. 26 and S.B. 20, Uniform Driver License Act Amendments, both pass and become law, it is the intent of the Legislature that the Office of Legislative Research and General Counsel shall prepare the Utah Code database for publication by amending Subsection 53-3-102(3) to read:

"(3) "Commercial driver instruction permit" or "CDIP" means a commercial learner permit:

(a) issued under Section 53-3-408; or

(b) issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C.F.R. Part 383."

The motion passed unanimously with Sen. Harper absent for the vote.

MOTION: Sen. Van Tassell moved to send the bill out with a favorably as amended. The motion passed unanimously with Sen. Harper absent for the vote.

MOTION: Sen. Van Tassell moved to adjourn. The motion passed unanimously with Sen. Harper absent for the vote.

Chair Jackson adjourned the meeting at 4:45 p.m.

___________________________

Sen. Alvin B. Jackson, Chair