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TRANSPORTATION & PUBLIC UTILITIES & TECHNOLOGY
STANDING COMMITTEE
TUESDAY, FEBRUARY 1, 2005, 3:00 P.M.
ROOM W020, WEST OFFICE BUILDING
STATE CAPITOL COMPLEX
Members Present: Sen. Sheldon Killpack, Chair
Sen. Curtis Bramble
Sen. Scott Jenkins
Sen. Carlene Walker
Sen. Karen Hale
Sen. Ed Mayne
Staff Present: Rich North, Policy Analyst
Karen Allred, Secretary
Public Speakers Present: Brent Gardner, Executive Director, Utah Association of Counties
John Nord, Executive Director, Utah Department of Transportation
Chuck Chapel, Executive Director, Wasatch Front Regional Council Lincoln Shurtz, Utah League of Cities and Towns
Russell Skousen, Executive Director, Department of Commerce
Rich Thorn, President, CEO, Association of General Contractors
Colonel Scott Duncan, Superintendent, Utah Highway Patrol
Duane Braegger, President, Tramcor Corporation
Carlos Braceras, Deputy Director, Utah Department of Transportation
Fraser Nelson, Disability Law Center
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Killpack called the meeting to order at 8:15 a.m.
MOTION: Sen. Walker moved to approve the minutes of January 26, 2005.
The motion passed unanimously with Sen. Hale and Sen. Mayne absent for the vote.
1. S.B. 25 Transportation Amendments and Highway Jurisdictional Transfer Task
Force (C. Walker)
MOTION: Sen. Walker moved to adopt 1st Sub. S.B. 25.
The motion passed unanimously with Sen. Hale and Sen. Mayne absent for the vote.
The following amendments were distributed:
1. Page 16, Lines 469 through 474 :
469 (1)
{
(a)
}
The Transportation Commission, in consultation with the
department
and the metropolitan planning organizations as defined in Section 72-1-
208.5
, shall
470 develop a written prioritization process for the prioritization of new transportation capacity
471 projects that are or will be part of the state highway system under Chapter 4, Part 1, State
472 Highways.
473
{
(b) The department shall consult with metropolitan planning organizations
as defined
474 in Section 72-1-208.5 in the development provided under Subsection (1)(a). }
2. Page 17, Lines 501 through 506 :
501 (2) Prior to finalizing priorities and funding levels of projects in the state transportation
502 system, the commission shall conduct public hearings at locations around the state and accept
503 public comments on:
504 (a) the written prioritization process;
{
and
}
505 (b) the merits of
{
major
}
new transportation
capacity
projects that will be
prioritized under this
506 section
{
.
}
; and
(c) the merits of new transportation capacity projects as recommended by a consensus of local elected officials participating in a metropolitan planning organization as defined in Section 72-1-208.5.
3. Page 19, Lines 554 through 555 :
554 (e) "minor collector road" or "
{
major
}
minor
collector street" has the
same meaning as provided
555 under the Federal Highway Administration Functional Classification Guidelines;
4. Page 25, Line 758 :
758 transportation systems.
(6) The task force shall meet no more than eight times from April through November.
(7) The task force shall make a final report, including any proposed legislation, to the Transportation Interim Committee before November 30, 2005.
MOTION: Sen. Walker moved to adopt the amendments.
The motion passed unanimously with Sen. Hale and Sen. Mayne absent for the vote.
Brent Gardner, Executive Director, Utah Association of Counties; John Nord, Executive Director, Utah Department of Transportation; Chuck Chapel, Executive Director, Wasatch Front Regional Council; and Lincoln Shurtz, Utah League of Cities and Towns, spoke in support of the bill.
MOTION : Sen. Walker moved to pass 1st. Sub. S.B. 25 out favorably as amended.
The motion passed unanimously.
2. S.B. 51 New Motor Vehicle Franchise Act Amendments (D. Eastman)
Sen. Eastman explained the bill assisted by Russell Skousen, Executive Director, Department of Commerce.
The following amendments were distributed:
1. Page 8, Lines 224 through 229 :
224 (ii) if the order modifies or rejects a finding of fact in a recommendation from the
225 advisory board, shall be made on the basis of information learned from the executive director's:
226 (A) personal attendance at the hearing;
or
227 (B) review of the record developed at the hearing
{
; or
}
.
228
{
(C) consultation with the executive director's designee under Subsection
229 13-14-103 (1)(a), who attended the adjudicative proceeding. }
2. Page 10, Lines 279 through 284 :
279 (1) (a) A person may commence an adjudicative proceeding in accordance with this
280 chapter and with Title 63, Chapter 46b, Administrative Procedures Act to:
281 (i) remedy a violation of this chapter; [
282 (ii) obtain approval of an act regulated by this chapter[
283 (iii) obtain
{
a
}
any
determination that this chapter specifically authorizes
that person to
284 request.
3. Page 15, Line 439 :
439 (ff) subject to
{
Subsection
}
Subsections
(7)
through (9)
, discriminate
against a franchisee in the state in favor of
MOTION: Sen. Mayne moved to adopt the amendments.
The motion passed unanimously with Sen. Bramble absent for the vote.
MOTION: Sen. Walker moved to pass the bill out favorably as amended.
The motion passed unanimously with Sen. Bramble absent for the vote.
3. S.B. 134 Powersport Vehicle Franchise Act (D. Eastman)
Sen. Eastman explained the bill.
The following amendments were distributed:
1. Page 7, Lines 208 through 213 :
208 (ii) if the order modifies or rejects a finding of fact in a recommendation from the
209 advisory board, shall be made on the basis of information learned from the executive director's:
210 (A) personal attendance at the hearing;
or
211 (B) review of the record developed at the hearing
{
; or
}
.
212
{
(C) consultation with the executive director's designee under Subsection
213 13-14-103 (1)(a), who attended the adjudicative proceeding. }
2. Page 9, Lines 263 through 267 :
263 (1) (a) A person may commence an adjudicative proceeding in accordance with this
264 chapter and with Title 63, Chapter 46b, Administrative Procedures Act, to:
265 (i) remedy a violation of this chapter; [
266 (ii) obtain approval of an act regulated by this chapter[
267 (iii) obtain any determination
that
this chapter specifically authorizes that
person to request.
MOTION: Sen. Mayne moved to adopt the amendments:
The motion passed unanimously with Sen. Bramble absent for the vote.
MOTION: Sen. Hale moved to pass the bill out favorably as amended.
The motion passed unanimously with Sen. Bramble absent for the vote.
4. S.B. 144 Motor Vehicle Stops at Port-of-entry (P. Knudson)
Sen. Walker presented the bill.
Rich Thorn, President, CEO, Association of General Contractors, spoke in support of the bill.
Sen. Knudson further explained the bill.
Colonel Scott Duncan, Superintendent, Utah Highway Patrol, answered questions from the committee.
Duane Braeggr, President, Tramcor Corporation, spoke in support of the bill.
MOTION: Sen. Walker moved to pass the bill out favorably.
The motion passed unanimously with Sen. Bramble and Sen. Hale absent for the vote.
5. S.C.R. 5 Resolution Approving Settlement of Lawsuit (P. Knudson)
Sen. Knudson explained the bill.
Carlos Braceras, Deputy Director, Utah Department of Transportation, and Fraser Nelson, Disability Center, spoke in support of the bill.
MOTION: Sen. Mayne moved to pass the bill out favorably.
The motion passed unanimously with Sen. Bramble and Sen. Hale absent for the vote.
MOTION: Sen. Walker moved to adjourn.
The motion passed unanimously at 4:15 p.m.
___________________________________
Sen. Sheldon L. Killpack, Committee Chair