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S.B. 115






Chief Sponsor: Dan R. Eastman

House Sponsor: Patrick Painter

             8      LONG TITLE
             9      General Description:
             10          This bill modifies the Motor Vehicle Safety Inspection Act by amending provisions
             11      relating to the Motor Vehicle Safety Inspection Advisory Council.
             12      Highlighted Provisions:
             13          This bill:
             14          .    repeals the requirement that a representative from the Department of Commerce
             15      with experience in consumer protection administration be a member of the Motor
             16      Vehicle Safety Inspection Advisory Council; and
             17          .    provides that the governor shall appoint a member of the public with experience or
             18      interest in product safety or consumer advocacy as a member of the Motor Vehicle
             19      Safety Inspection Advisory Council.
             20      Monies Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          None
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          53-8-203, as last amended by Laws of Utah 1996, Chapters 194, 242, and 243

             28      Be it enacted by the Legislature of the state of Utah:
             29          Section 1. Section 53-8-203 is amended to read:
             30           53-8-203. Council created -- Members -- Term -- Meetings -- Duties.
             31          (1) There is created within the division the Motor Vehicle Safety Inspection Advisory
             32      Council.
             33          (2) (a) The council shall be composed of seven members.
             34          (b) The governor shall appoint:
             35          (i) one [representative from the Department of Commerce with experience in consumer
             36      protection administration] member from the general public with experience or interest in
             37      product safety or consumer advocacy;
             38          (ii) two representatives from motor vehicle mechanics and motor vehicle repair
             39      business owners;
             40          (iii) one member of the motoring public with no former or current affiliation with the
             41      motor vehicle sales, repair, or fuel industry or its regulation;
             42          (iv) one peace officer with experience in motor vehicle law enforcement;
             43          (v) one representative of the commercial trucking industry; and
             44          (vi) one representative of the staff of the attorney general who shall serve without
             45      voting privileges.
             46          (3) Each member of the council shall:
             47          (a) be selected on a nonpartisan basis;
             48          (b) be appointed by the governor; and
             49          (c) have been a legal resident of the state for at least one year immediately preceding
             50      the date of appointment.
             51          (4) (a) Except as required by Subsection (4)(b), as terms of current council members
             52      expire, the governor shall appoint each new member or reappointed member to a four-year
             53      term.
             54          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             55      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             56      council members are staggered so that approximately half of the council is appointed every two
             57      years.
             58          (c) Members serve from the date of appointment until a replacement is appointed.

             59          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             60      appointed for the unexpired term.
             61          (6) The council shall elect its own chair and vice-chair at its first regular meeting each
             62      calendar year.
             63          (7) All meetings of the council shall be called by the superintendent of the highway
             64      patrol as needed.
             65          (8) Any three voting members constitute a quorum for the transaction of business that
             66      comes before the council.
             67          (9) (a) (i) Members who are not government employees shall receive no compensation
             68      or benefits for their services, but may receive per diem and expenses incurred in the
             69      performance of the member's official duties at the rates established by the Division of Finance
             70      under Sections 63A-3-106 and 63A-3-107 .
             71          (ii) Members may decline to receive per diem and expenses for their service.
             72          (b) (i) State government officer and employee members who do not receive salary, per
             73      diem, or expenses from their agency for their service may receive per diem and expenses
             74      incurred in the performance of their official duties from the council at the rates established by
             75      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             76          (ii) State government officer and employee members may decline to receive per diem
             77      and expenses for their service.
             78          (10) The council shall:
             79          (a) hear appeals of administrative actions regarding the suspension or revocation of
             80      safety inspection station permits and safety inspector certificates;
             81          (b) advise the division on interpretation, adoption, and implementation of motor
             82      vehicle safety inspection standards; and
             83          (c) advise the division on other motor vehicle safety inspection issues as requested by
             84      the superintendent.
             85          (11) In conducting appeal hearings on the suspension or revocation of any safety
             86      inspection station permit or safety inspector certificate the council may:
             87          (a) compel the attendance of witnesses by subpoena;
             88          (b) require the production of any records or documents determined by it to be pertinent
             89      to the subject matter of the hearing; and

             90          (c) apply to the district court of the county where the hearing is held for an order citing
             91      any applicant or witness for contempt and for failure to attend, testify, or produce required
             92      documents.

Legislative Review Note
    as of 12-12-07 6:58 AM

Office of Legislative Research and General Counsel

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