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MONDAY, FEBRUARY 15, 2011
Members Present: Sen. John Valentine, Chair
Sen. David Hinkins
Sen. Dan Liljenquist
Sen. Steve Urquhart
Sen. Kevin Van Tassell
Sen. Gene Davis
Sen. Karen Mayne
Member Excused: Sen. Curt Bramble
Staff Present: Bryant R. Howe, Policy Analyst
Karen Allred, Committee Secretary
Public Speakers Present: Brent V. Manning, Attorney
Mark Thomas, Director of Elections, Office of the Lieutenant Governor
Keith Woodwell, Director, Division of Securities
Blaine Walker, Utah Association of Realtors
Jodi Hoffman, Lobbyist, Utah League of Cities and Towns
Mark Steinagel, Director, Division of Occupational and Professional Licensing
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Valentine called the meeting to order at 4:10 p.m.
Approval of Minutes
MOTION: Sen. Van Tassell moved to approve minutes of the February 14, 2011, meeting.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
1. S.B. 55 Electronic Signatures (S. Urquhart)
The following amendments were distributed:
1. Page 1, Lines 12 through 13 :
. defines "state governmental agency";
12 . requires a
state
governmental agency to adopt a policy concerning
electronic signatures
13
before the governmental agency may accept an electronic signature; and
13
2. Page 2, Lines 39 through 40 :
(1) As used in this section:
(a) "State governmental agency" means a state board, authority, commission, institution, department, division, officer, or other state government entity, which is authorized or required by law to make rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or perform other similar actions or duties delegated by law.
(b) "State governmental agency" does not include the legislature, its committees, the political subdivisions of the state, or the courts.
39
{
(1)
}
(2)
(a) Notwithstanding any other provision of law, a
{
non-federal
}
state
governmental agency
40
{
located in the state
}
may not accept an electronic signature unless the
state
governmental agency
3. Page 2, Lines 47 through 48 :
47 (b) Subsection
{
(1)(a)
}
(2)(a)
applies to an electronic signature without
regard to whether the
48 governmental agency is a party to the document, transaction, or other filing.
4. Page 2, Line 49 :
49 [
{
(2)
}
(3)
A state governmental agency may, [by following the
procedures and
5. Page 3, Line 68 :
68 [
{
(3)
}
(4)
A state governmental agency that makes rules under this
section shall submit
6. Page 3, Line 72 :
72 [
{
(4)
}
(5)
(a) The chief information officer may prepare model rules
and standards
7. Page 3, Line 82 :
82 [
{
(4)
}
(5)
requires a state
governmental agency to use the model
8. Page 3, Lines 85 through 86 :
85 [
{
(5)
}
(6)
Except as provided in Subsection
46-4-301
(6), nothing in
this chapter requires
86 any
{
[
}
state
{
]
}
governmental agency to:
9. Page 3, Line 89 :
89 [
{
(6)
}
(7)
Each state governmental agency shall:
10. Page 4, Lines 110 through 111 :
110 (d) "Sign" or "signature" may include any form of electronic signature authorized by
111 the governmental agency
.
{
in accordance with Section
46-4-501
.
}
MOTION: Sen. Urquhart moved to adopt the amendments.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
Sen. Urquhart explained the bill.
Brent Manning, Attorney spoke in opposition to the bill.
Mark Thomas, Director of Elections, Office of the Leiutanant Governor spoke in support of the bill.
MOTION: Sen. Van Tassell moved to transmit S.B. 55 with a favorable recommendation.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
2. S.B. 151 Real Estate Transactions and Securities (B. McAdams)
MOTION: Sen. Urquhart moved to delete in body and title S.B. 151 and replace it with
1st Sub. S.B. 151.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
Sen. McAdams explained the bill assisted by Keith Woodwell, Director, Division of Securities.
Blaine Walker, Utah Association of Realtors spoke in support of the bill.
MOTION: Sen. Davis moved to transmit 1st Sub. S.B. 151 with a favorable recommendation.
The motion passed unanimously.
3. S.B. 250 Electronic Transmissions and Directors Actions (B. McAdams)
Sen. McAdams explained the bill.
MOTION: Sen. Davis moved to transmit S.B. 250 with a favorable recommendation.
The motion passed unanimously.
Chair Valentine declared a conflict of interest.
4. S.C.R. 13 Rotary Club Concurrent Resolution (G. Davis)
The following amendment was proposed:
1. Page 1, Lines 18 through 24 :
18 WHEREAS, the Sugar House Rotary Club was chartered in 1936 and has consistently
19 provided a venue for community service for business and professional people in the Sugar
20 House community;
{
21 WHEREAS, the Sugar House Rotary Club was the second Club established in Utah; }
22 WHEREAS, the Sugar House Rotary Club has been known as the Sweetest Club in all
23 of Rotary;
24 WHEREAS, the Sugar House Rotary Club has been host to many Rotarians from
MOTION: Sen. Urquhart moved to adopt the amendment.
The motion passed unanimously.
Sen. Davis explained the bill.
MOTION: Sen. Van Tassell moved to transmit S.C.R. 13 with a favorable recommendation.
The motion passed unanimously.
MOTION: Sen. Van Tassell moved that S.C.R. 13 be placed on the Consent Calendar.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
5. H.B. 78 Developer Fees (M. Morley)
Rep. Morley explained the bill assisted by Jodi Hoffman, Lobbyist, Utah League of Cities Towns and proposed to amend the bill as follows:
1. Page 18, Lines 532 through 534 :
532 (7) A provider of culinary or secondary water that commits to provide a water service
533 required by a
{
public
}
land use application process is subject to the following as if
it were a
534 municipality:
2. Page 36, Lines 1090 through 1092 :
1090 (7) A provider of culinary or secondary water that commits to provide a water service
1091 required by a
{
public
}
land use application process is subject to the following as if
it were a
1092 county:
MOTION: Sen. Mayne moved to adopt the amendments.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
MOTION: Sen. Mayne moved to transmit S.B. 78 with a favorable recommendation.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
6. H.B. 243 Occupations and Professions Amendments (M. Morley)
Rep. Morley explained the bill assisted by Mark Steinagle, Director, Division of Occupational and Professional Licensing.
MOTION: Sen. Urquhart moved to transmit H.B. 243 with a favorable recommendation.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
MOTION: Sen. Urquhart moved to adjourn.
The motion passed unanimously with Sen. Liljenquist absent for the vote.
Chair Valentine adjourned the meeting at 5:10 p.m.