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STANDING COMMITTEE
WEDNESDAY, FEBRUARY 8, 2006, 8:OO A.M.
ROOM W015, WEST OFFICE BUILDING
STATE CAPITOL COMPLEX
Sen. Gene Davis
Sen. Thomas V. Hatch
Sen. Parley G. Hellewell
Sen. John W. Hickman
Sen. Sheldon L. Killpack
Sen. L. Alma Mansell
Sen. Ed Mayne
Sen. Michael Waddoups
Staff Present: John Cannon, Managing Policy Analyst
Karen Allred, Committee Secretary
Public Speakers Present: Mark Shurtleff, Attorney General
Jeff A Buel, Dir., Govt. Affairs, Johnson & Johnson, Vistakon Barbara Boner, Assist. Dir., Govt. Affairs, Novartis, Ciba Vision
Lanny DuClos, President, Utah Optometric Association
Jonathan Coon, CEO/President, 1-800 CONTACTS
Joseph L. Hatch, MD, Associate Professor of Ophthalmology
Craig Moody, Utah Construction Suppliers Association, Waste
Management, and Reagan Outdoor Advertising
Bill Rand, Boman & Kemp, Utah Construction Suppliers Association
Lisa Keller, Exec. Committee, Utah Construction Suppliers Assoc.
Taz Besinger, CEO, Home Builders Association
Rich Thorn, President, Association of General Contractors
Mike Smith, Utah Land Title Association
Dewy Reagan, President, Reagan Outdoor Advertising
Lyle McMillan, Utah Department of Transportation Licensing, Highway Administration
Gordon Brokaw, Allied Waste
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Jenkins called the meeting to order at 8:07 a.m., and welcomed John Cannon, Office of Legislative Research and General Counsel, filling in for Allison Morgan who is ill.
1. H.B. 308 Insurance Policy and Contract Law Amendments (T. Kiser)
Rep. Kiser introduced the bill.
MOTION: Sen. Killpack moved to pass the bill out favorably.
The motion passed unanimously with Sens. Hellewell, Mansell, Davis and Mayne absent for the vote.
MOTION: Sen. Killpact moved that the bill be placed on the Consent Calendar.
The motion passed unanimously with Sens. Hellewell, Mansell, Davis and Mayne absent for the vote.
2. S.B. 176 Contact Lens Consumer Protection (C. Bramble)
MOTION: Sen. Killpack moved to adopt 1st Sub. S.B. 176.
The motion passed with Sens. Hellewell, Mansel and Davis absent for the vote.
Sen. Bramble introduced the bill.
Mark Shurtleff, Attorney General, and Jonathan Coon, CEO/President, 1-800 CONTACTS, spoke in support of the bill.
Jeff A. Buel, Director, Government Affairs, Johnson & Johnson, Vistakon; Barbara Boner, Assistant Director, Government Affairs, Novaris, Ciba Vision; Lanny DuClos, President, Utah Optometric Association, and Joseph L. Hatch, Medical Doctor, Associate Professor of Opthomology, expressed concerns with the bill.
MOTION: Sen. Hickman moved to pass out 1st Sub. S.B. 176 favorably.
The motion passed with Sens. Hellewell, Hickman, Killpack, Waddoups, Davis and Mayne voting in favor of the bill, Sens. Jenkins and Hatch voting in opposition and Sen. Mansell absent for the vote.
Sen. Hatch assumed the Chair.
3. S.B. 161 Mechanics' Lien and Payment Amendments (S. Jenkins)
MOTION: Sen. Jenkins moved to adopt 1st Sub. S.B. 161.
The motion passed unanimously with Sen. Mansell absent for the vote.
Sen. Jenkins introduced and clarified the bill.
Craig Moody, Utah Construction Suppliers Association; Bill Rand, Boman & Kemp, Utah Suppliers Association; Taz Besinger, CEO, Home Builders Association; and Rich Thorn, President, Association of General Contractors, spoke in support of the bill.
MOTION: Sen. Killpack moved to pass out 1st Sub. S.B. 161 favorably.
The motion passed unanimously with Sens. Mansell and Mayne absent for the vote.
MOTION: Sen. Davis moved to go to S.B. 124.
The motion passed unanimously with Sens. Mansell and Mayne absent for the vote.
Committee Chair Jenkins resumed the Committee Chair.
4. S.B. 124 Alcohol Beverage Control Amendments (P. Knudson)
Sen. Knudson introduced the bill.
MOTION: Sen. Davis moved to reconsider the following amendments adopted by the Committee at the February 1, 2006 meeting.
1. Page 6, Lines 171 through 172 :
171 (c) Judicial review of a final commission order concerning a disciplinary proceeding is
172 governed by Section 32A-1-120
{
and not
}
to the extent that Section 32A-1-120
is inconsistent with
Title 63, Chapter 46b, Administrative Procedures Act.
2. Page 12, Line 357 through Page 13, Line 373 :
357 (1) (a) In a disciplinary proceeding, as defined in Section 32A-1-119 , any [
358 respondent named in a final order of the commission may seek judicial review pursuant to this
359 section.
360 [
361
362 [
363
364
{
[
}
{
(3)
}
(b)
After the hearing, the reviewing court shall enter
judgment affirming or setting
365 aside the order of the commission.
{
]
}
366
{
(b)
}
(c)
Judicial review of a final commission order concerning a
disciplinary proceeding is
367 governed by this section
{
and not
}
to the extent that it is inconsistent with
Title 63, Chapter 46b, Administrative Procedures Act.
368 (2) The reviewing court of a final
commission
order described in Subsection
(1) shall
{
:
369 (a) review on the record the commission's final order for abuse of discretion; and
370 (b) (i) affirm the commission's final order if the reviewing court finds that the
371 commission did not abuse its discretion; or
372 (ii) remand the case to the commission for the commission to correct an error if the
373 reviewing court finds that the commission abused its discretion. }
review a final
commission order de novo.
The motion passed unanimously with Sens. Mansell and Mayne absent for the vote.
MOTION: Sen. Davis moved to amend the bill as follows:
1. Page 6, Lines 171 through 172 :
171 (c) Judicial review of a final commission order concerning a disciplinary proceeding is
172 governed by Section 32A-1-120 and
{
not
}
Title 63, Chapter 46b, Administrative
Procedures Act.
2. Page 12, Line 355 through Page 13, Line 388 :
355 32A-1-120. Judicial review of disciplinary proceeding -- Stay of commission
356 order.
357 (1) (a) In a disciplinary proceeding, as defined in Section 32A-1-119 , any [
358 respondent named in a final order of the commission may seek judicial review pursuant to
{
this
359 section. }
Title 63, Chapter 46b, Administrative Procedures Act, and Subsection
(2).
360 [
361
362 [
363
364 [
365
{
366
(b) Judicial review of a final commission order concerning a disciplinary
proceeding is367 governed by this section and not Title 63, Chapter 46b, Administrative Procedures Act.
368 (2) The reviewing court of a final order described in Subsection (1) shall:
369 (a) review on the record the commission's final order for abuse of discretion; and
370 (b) (i) affirm the commission's final order if the reviewing court finds that the
371 commission did not abuse its discretion; or
372 (ii) remand the case to the commission for the commission to correct an error if the
373 reviewing court finds that the commission abused its discretion.
} 374 [
{
(3)
}
(2)
(a) The fact that a petition is pending in a reviewing court
does not stay or
375 suspend the operation of any final order of the commission
that has not been stayed by
the commission
.
Notwithstanding Title 63, Chapter 46a, Administrative
Procedures Act, the stay or suspension of the operation of a final order of the
commission is governed by this Subsection (2).
376 (b) [
{
(3)
}
(2)
(c) and (d), the reviewing court
may order that the
377 commission's final order be stayed or suspended during the appeal.
378 (c) Before issuing an order staying or suspending the commission's final order, the
379 reviewing court shall:
380 (i) give three days' notice to the parties; and
381 (ii) hold a hearing to receive argument and evidence on whether or not the
382 commission's final order should be stayed or suspended.
383 (d) If the reviewing court decides to stay or suspend the commission's final order, it
384 shall make a written finding that:
385 (i) great or irreparable damage would result to the petitioner absent the stay or
386 suspension;
387 (ii) specifies the nature of the damage; and
388 (iii) is based upon evidence submitted to the court and identified by reference.
The motion passed unanimously with Sens. Mansell and Mayne absent for the vote.
MOTION: Sen. Davis moved to pass the bill out favorably as amended.
The motion passed unanimously with Sens. Mansell and Mayne absent for the vote.
5. S.B. 191 Service Contracts Act Amendments (M. Waddoups)
Sen. Waddoups introduced the bill.
Craig Moody, Waste Management, and Gordon Brokaw, Allied Waste, spoke to the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably.
The motion passed unanimously with Sen. Mayne absent for the vote.
6. S.B. 205 Real Property - Partial Release Reconveyance (T. Hatch)
Sen. Hatch introduced the bill.
Sen. Hickman declared a Conflict of Interest.
Mike Smith, Utah Land Title Association, spoke in support of the bill.
MOTION: Sen Mansell moved to pass the bill out favorably.
The motion passed with Sen. Hickman voting in opposition.
7. S.B. 222 Outdoor Advertising - Height Adjustment of Signs (P. Hellewell)
Sen. Hellewell distributed the following amendment:
1. Page 2, Lines 34 through 39 :
34 and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,
35 construction, directional sign, highway widening, or aesthetic improvement made by an agency
36 of this state
{
,
}
[directional sign, or widening]
{
[
}
along an interstate, federal
aid primary highway
37 existing as of June 1, 1991,
{
or
}
national highway systems highway
, or state
highway
{
]
}
or by an improvement
38 created on real property subsequent to the department's disposal of the property under Section
39 72-5-111 , the owner of the sign may:
MOTION: Sen. Hellewell moved to adopt the amendment.
The motion passed unanimously.
Craig Moody, Reagan Outdoor Advertising and Dewey Reagan, Reagan Outdoor Advertising, spoke in support of the bill.
Lyle McMillan, Department of Transportation, Right of Way Administration, spoke to the bill.
MOTION: Sen. Mayne moved to pass the bill out favorably as amended.
The motion passed unanimously.
MOTION: Sen. Mansell moved to adjourn.
The motion passed unanimously at 10:05 a.m.
________________________________
Sen. Scott K. Jenkins, Committee Chair