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February 8, 2008
Rep. Aaron Tilton, Vice Chair
Rep. Jim Bird
Rep. Mel Brown
Rep. Rebecca Chavez-Houck
Rep. Janice Fisher
Rep. Lynn Hemingway
Rep. Fred Hunsaker
Rep. Steven Mascaro
Rep. Kay McIff
Rep. Bradley Winn
STAFF PRESENT: John Q. Cannon, Managing Policy Analyst
Linda Black, Committee Secretary
NOTE: A list of visitors and a copy of handouts are filed with the committee minutes.
Rep. Noel called the meeting to order at 8:05 a.m.
MOTION: Rep. Mascaro moved to approve the minutes of February 5, 2008. The motion passed unanimously with Rep. Bird, Rep. Fisher, Rep. Winn and Rep. Tilton absent for the vote.
H.B. 295 Public School Electronic Device Policies (Rep. S. Allen)
Rep. Allen presented the bill.
Spoke for the bill: Michelle Beus, Legal Issues Specialist, Davis County School District
MOTION: Rep. Mascaro moved to amend the bill as follows:
1. Page 1, Lines 17 through 19 :
17 .
18 . additional direction for school district and charter school policies; and
19 . a model policy for local boards of education and charter schools.
2. Page 3, Lines 60 through 64 :
60 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
the
61
State Board of Education
may
}
shall
make rules that provide:
62
(a) additional direction for school district and charter school policies; and
63
(b) a model policy governing the use of electronic devices for consideration or
64
guidance to local boards of education and charter schools.
The motion passed unanimously with Rep. Winn and Rep. Tilton absent for the vote.
Spoke in favor
of the bill: James Graf, teacher, Cedar City, Iron County
MOTION: Rep. Mascaro moved to pass the bill out favorably. The motion passed with Rep.
Bird voting in opposition. Rep. McIff, Rep. Tilton, and Rep. Winn were absent
for the vote.
H.B. 341 Damage to Underground Utility Facilities Amendments (Rep. D. Clark)
Rep. D. Clark presented the bill. (handout)
MOTION: Rep. Hunsaker moved to amend the bill as follows:
1. Page
3, Lines 64 through 65
:
64
[(2)] (3) "Emergency" means an occurrence
65
or mitigate loss of, or damage to, life, health, property, or essential public services.
2. Page
5, Lines 140 through 145
:
140
(b) The requirements of Subsection (1)(a) do not apply:
141
(i) if there is an emergency;
142
(ii) while gardening;
[
}
or
{
]
}
143
(iii) while tilling private ground
[
}
.
{
]
}
{
; or
144
(iv) while probing with an industry-approved probe bar to determine the
presence or
145
extent of a natural gas leak in the ground.
}
3. Page
6, Line 155
:
155
(i) location
4. Page
7, Line 204
:
204
(ii) notify the excavator, by telephonic
5. Page
9, Line 266
:
266
(b) An operator may waive
6. Page
10, Lines 286 through 289
:
286
(b) An excavator is [not] liable for damage
to an underground
facility
}
incurred by an operator
if [an operator
287
has failed to comply with Section
54-8a-5
or
54-8a-9
.]:
288
(i) the operator complies with Section
54-8a-5
; and
289
(ii) the damage occurs within 24 inches of the operator's markings.
7. Page
10, Lines 297 through 298
:
297
(b) immediately call 911 if the excavation
results
}
may result
in
{
the
escape of a flammable gas or
298
toxic or corrosive gas or liquid, or damages an electrical line
}
8. Page
11, Lines 311 through 321
:
311
(3) Notwithstanding Subsection (2)(a) a penalty under this chapter may not be
312
imposed
:
313
(a)
}
on an excavator
314
an underground facility
; or
315
(b) on an operator unless:
316
(i) (A) the operator fails to respond to a location request under Section
54-8a-5
in order
317
to prevent damage to the facility; or
318
(B) the operator fails to take reasonable steps, in response to a location request,
to
319
ensure accurate marking of the facility in order to prevent damage to the facility;
and
320
(ii) damage occurs to an underground facility as a result of the operator's
failure under
321
Subsection (3)(b)(i)(A) or (B)
}
.
The motion passed unanimously with Rep. McIff, Rep. Tilton, and Rep. Winn absent for the
vote.
Rep. Noel relinquished the Chair to Rep. Hunsaker (8:40 a.m.).
Rep. Hunsaker relinquished the Chair to Rep. Tilton (8:45 a.m.).
Rep. Noel assumed the Chair (9:00 a.m.).
Spoke to the bill: Vaughn Shosted, Questar
Mike Ostermiller, Questar
Gary Hansen, Executive Director, Blue Stakes of Utah
Mark Stanley, Salt Lake City Public Utilities
Spoke in opposition
of the bill: Karianne Lisonbee, citizen
MOTION: Rep. McIff moved to further amend the bill as follows:
1. Page
1, Line 21
:
21
2. Page
10, Lines 290 through 291
:
290
(3) Notwithstanding Subsection
54-8a-4
(1)(b)(i), an excavator is liable for
damage to
291
an underground facility that occurs during an emergency.
}
SUBSTITUTE
MOTION: Rep. Tilton moved to amend the bill as follows:
1. Page
10, Lines 290 through 291
:
290
(3) Notwithstanding Subsection
54-8a-4
(1)(b)(i), an excavator is liable for damage
to
291
an underground facility that
occurs during
}
causes
an emergency.
The motion failed with Rep. Tilton voting in favor.
SUBSTITUTE
MOTION: Rep. Tilton moved to pass the bill out favorably as amended.
The motion failed with Rep. Bird, Rep. Brown, Rep. Chavez-Houck, Rep.
Hunsaker, Rep. McIff, and Rep. Winn voting in opposition.
MOTION: Rep. Brown moved previous question on the original motion. The motion
passed unanimously.
Rep. McIff's original motion to amend passed with Rep. Fisher, Rep, Noel, Rep. Tilton, and Rep.
Winn voting in opposition.
MOTION: Rep. Tilton moved to adjourn. The motion failed with Rep. Bird, Rep.
Brown, Rep. Hunsaker, Rep. McIff, Rep. Mascaro and Rep. Winn
voting in opposition.
MOTION: Rep Mascaro moved to pass the bill out favorably as further amended.
The motion passed with Rep. Noel voting in opposition.
MOTION: Rep. Brown moved to adjourn. The motion passed unanimously. Rep.
Noel adjourned the meeting at 10:00 a.m.
_______________________________
Rep. Michael Noel, Chair