MINUTES OF THE

SENATE TRANSPORTATION & PUBLIC UTILITIES & TECHNOLOGY
STANDING COMMITTEE

215 Senate Building, Utah State Capitol Complex

February17, 2015

Members Present: Sen. Alvin B. Jackson, Chair

Sen. Wayne A. Harper

Sen. David P. Hinkins

Sen. Karen Mayne

Sen. Kevin T. Van Tassell

Members Excused: Sen. J. Stuart Adams

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 4:19 p.m.

MOTION: Sen. Harper moved to approve the minutes of the February 12, 2014 meeting. The motion passed unanimously with Sen. Hinkins and Sen.Van Tassell absent for the vote.

S.B. 181 Driver License Modifications (C. Bramble)

Sen. Bramble explained the bill to the committee.

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

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

S.B. 184 Driving Privilege Card Application Amendments (C. Bramble)

Sen. Bramble explained the bill to the committee.

Spoke in support of the bill: Alice Moffat, Director, Utah Department of Public Safety

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

MOTION: Sen. Harper moved to place the bill on the Consent Calendar. The motion passed

unanimously with Sen. Van Tassell absent or the vote.

H.B. 153 2ndSub. Display of License Plates (M. Wheatley)

Rep. Wheatley 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. Van Tassell absent for the vote.

H.B. 147 Driver License Testing Amendments (S. Eliason)

Rep. Eliason explained the bill to the committee.

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

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

H.B. 80 Transportation Project Amendments (V.L. Snow)

Rep. Snow explained the bill to the committee.

Spoke for the bill: Shane Marshall, Utah Department of Transportation

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

S.B. 180 Arbitration Amendments (S. Urquhart)

Rep. Urquhart explained the bill to the committee.

Spoke for the bill: Steve Sullivan, Attorney, Robert De Bry and Associates

Spoke against the bill: Harold Peterson, Attorney, Defense Counsel

Todd Turnblom, Defense Attorney, State Farm

Mitchell Jensen, Attorney, Sigfried and Jensen

Spoke to the bill: Chris Purcell, State Farm

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

1. Page 1, Lines 18 through 20:

18 ▸ {provides that if} requires a party that requests a trial de novo following an arbitration {, the

19 arbitration award issued, at the election of the nonmoving party, shall be admissible

20 in the trial de novo} to file a copy of the notice requesting a trial de novo with the Insurance Commissioner notifying the commissioner of the party's request for a trial de novo .

2. Page 6, Lines 169 through 171:

169 (20) If a party requests a trial de novo under Subsection (11), the {arbitration award

170 issued under this section, at the election of the nonmoving party, shall be admissible in the trial

171 de novo} party shall file a copy of the notice requesting a trial de novo with the commissioner notifying the commissioner of the party's request for a trial de novo under Subsection (11) .

The motion passed unanimously.

MOTION: Sen. Harper moved to amend the bill as follows:

3. Page 5, Lines 133 through 144:

133 (13) (a) If the plaintiff, as the moving party in a trial de novo requested under

134 Subsection (11), does not obtain a verdict that is at least $5,000 and is at least {[} 30% {]} {40%}

135 greater than the arbitration award, the plaintiff is responsible for all of the nonmoving

party’s

136 costs.

137 (b) Except as provided in Subsection (13)(c), the costs under Subsection (13)(a) shall

138 include:

139 (i) any costs set forth in Rule 54(d), Utah Rules of Civil Procedure; and

140 (ii) the costs of expert witnesses and depositions.

141 (c) An award of costs under this Subsection (13) may not exceed $6,000.

142 (14) (a) If a defendant, as the moving party in a trial de novo requested under

143 Subsection (11), does not obtain a verdict that is at least {[} 30% {]} { 40%} less than the arbitration

144 award, the defendant is responsible for all of the nonmoving party's costs.

The motion passed unanimously.

MOTION: Sen. Harper moved to pass the bill out favorably as amended. The motion passed

unanimously.

S.B. 162 Distracted Driver Revisions (S. Urquhart)

Sen. Urquhart explained the bill to the committee.

Spoke for the bill: Harold Peterson, Attorney

Rolayne Fairclough, AAA

Rachel Peterson, Utah PTA Safety Commissioner

Spoke against the bill: George Champman, citizen

Connor Boyack, Libertas Institute of Utah

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

1. Page 3, Lines 72 through 74:

72 [(4)] (5) A person convicted of a violation of this section is guilty of a:

73 (a) class C misdemeanor {[} with a maximum fine of {]} [$100] $500 ; or

74 (b) class B misdemeanor if the person:

The motion passed with Sen. Jackson voting in opposition and Sen. Hinkins absent for the vote.

MOTION: Sen. Harper moved to pass the bill out favorably as amended. The motion passed with Sen. Jackson voting in opposition and Sen. Hinkins absent for the vote.

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

The bill was not considered.

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

Chair Jackson adjourned the meeting at 5:56 p.m.

___________________________

Sen. Alvin B. Jackson, Chair