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MINUTES OF THE SENATE GOVERNMENT OPERATIONS & POLITICAL SUBDIVISIONS
Members Present: Sen. Parley G. Hellewell, Chair
Sen. Allen M. Christensen
Sen. Gene Davis
Sen. Karen Hale
Sen. Bill Hickman
Staff Present: Rich North, Policy Analyst
Nedra Duzett, Secretary
Public Speakers Present: Tom Patterson, Sentencing Commission
Sandy Peck, League of Women Voters
Gary Knapp, Utah Works, UACS
Joyce Delcourt, The Arc of Utah
Kris Fawsen, LCPD
Fraser Nelson, Disability Law Center
Douglas Richins, Division of Purchasing
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Hellewell called the meeting to order at 8:05 a.m.
MOTION: Sen. Christensen moved to approve the minutes of the Jan.18, 2006 meeting.
The motion passed unanimously with Sen. Hale and Sen. Davis being absent for the vote.
1. S.B. 0055 Election Reform (L. A. Mansell)
Sen. Mansell proposed a substitute bill.
MOTION: Sen. Christensen moved to accept the substitute bill for consideration.
The motion passed unanimously with Sen. Hale and Sen. Davis being absent for the vote.
Sen. Mansell explained that the substitute bill modifies the Election Code to provide the option to file a pledge of fair campaign practices and to establish criminal penalties related to issuing false information during campaigns.
Tom Patterson, Sentencing Commission, spoke to the bill.
Sandy Peck, League of Women Voters, spoke in favor of the bill.
MOTION: Sen. Christensen moved to pass the bill out favorably.
The motion passed unanimously with Sen. Hale being absent for the vote.
2. S.B. 0110 Protection of Certain Voter Information (L. Hillyard)
Sen. Hillyard explained that the bill provides certain privacy protections to judges who register to vote and who file for a retention election.
MOTION: Sen. Hickman moved to pass the bill out favorably.
The motion passed unanimously with Sen. Hale being absent for the vote.
3. S. B. 0059 Purchasing from People with Disabilities Amendments (S. Killpack)
Sen. Killpack gave an overview of the bill.
The following individuals spoke in favor of the bill:
Gary Knapp, Utah Works
Joyce Delcourt, The Arc of Utah
Kris Fawsen, LCPD
Fraser Nelson, Disability Law Center
Douglas Richins, Division of Purchasing, spoke to the committee on concerns he had regarding the bill.
MOTION: Sen. Davis moved to pass the bill out favorably.
The motion passed unanimously with Sen. Hale being absent for the vote.
4. S.B. 0099 County Recorder Amendments (D. Thomas)
Sen. Thomas explained the bill and proposed it be amended as follows:
1. Page 1, Lines 16 through 19 :
16 beneath the person's signature;
and
17 .
{
modifies a notice requirement related to subdivision plats that include a
public
18 utility easement to prohibit municipal or county approval of a plat unless proof of
19 notice to affected public utilities is provided; and }
2. Page 2, Line 32 :
32
{
54-3-27, as enacted by Chapter 64, Laws of Utah 2004
}
3. Page 4, Line 105 through Page 5, Line 135 :
105
{
Section 4.
Section
54-3-27
is amended to read:
106 54-3-27. Public utility easement.
107 (1) As used in this section, "public utility easement" means the area on a recorded plat
108 map or other recorded document that is dedicated to the use and installation of public utility
109 facilities.
110 (2) (a) A public utility easement provides a public utility with:
111 (i) the right to install, maintain, operate, repair, remove, replace, or relocate public
112 utility facilities; and
113 (ii) the rights of ingress and egress within the public utility easement for public utility
114 employees, contractors, and agents.
115 (b) Notwithstanding Subsection (3), a public utility shall restore or repair, at the
116 expense of the public utility, any fence, grass, soil, shrubbery, bushes, flowers, other low level
117 vegetation, sprinkler system, irrigation system, gravel, flat concrete, or asphalt damaged or
118 displaced from the exercise of the easement rights described in Subsection (2)(a).
119 (3) Except as provided in Subsection (2)(b), if a property owner places improvements
120 to land that interfere with the easement rights described in Subsection (2)(a), the property
121 owner shall bear the risk of loss or damage to those improvements resulting from the exercise
122 of the easement rights described in Subsection (2)(a).
123 (4) (a) Except as provided in Subsection (4)(b), a public utility easement is
124 nonexclusive and may be used by more than one public utility.
125 (b) Notwithstanding Subsection (4)(a), a public utility may not:
126 (i) interfere with any facility of another public utility within the public utility easement;
127 or
128 (ii) infringe on the legally required distances of separation between public utility
129 facilities required by federal, state, or local law.
130 (5) A subdivision plat that includes a public utility easement may not be [recorded]
131 approved by a municipal or county legislative body or its designee unless the subdivider has
132 provided the municipality or county with proof that each public utility [as identified by the
133 municipality or county as holding an interest in the public utility easement] that will provide
134 service to the subdivision has, as a courtesy, been notified [at least 14 calendar days] by the
135 owner or the owner's agent prior to [recording] approval. }
Renumber remaining sections accordingly.
MOTION: Sen. Christensen moved to adopt the amendment on the bill.
The motion passed unanimously with Sen. Hale being absent for the vote.
5. S.B. 0100 County Officer Amendments (D. Thomas)
Sen. Thomas explained that the bill modifies provisions relating to counties.
MOTION: Sen. Hale moved to pass the bill with a favorable recommendation.
The motion passed with Sen. Davis being absent for the vote.
MOTION: Sen. Hickman moved to adjourn.
The motion passed unanimously with Sen. Davis being absent for the vote.
Committee Chair Hellewell adjourned the meeting at 9:05 a.m.
Minutes reported by Nedra Duzett, Secretary
Sen. Parley G. Hellewell, Committee Chair