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MINUTES OF THE SENATE TRANSPORTATION &

PUBLIC UTILITIES & TECHNOLOGY STANDING COMMITTEE
         WEDNESDAY, MARCH 2, 2011
ROOM 215, SENATE BUILDING



Members Present:    Sen. Kevin Van Tassell, Chair
        Sen. Stuart Adams
        Sen. Scott Jenkins
        Sen. Peter Knudson
        Sen. Karen Mayne

Staff Present:    Leif Elder, Policy Analyst
        Lorna Wells, Committee Secretary
        
Public Speakers Present:     Jennifer Kohler, Attorney, Utah Transit Authority
        Nancy Anderson, Deputy General Counsel, Microsoft Corporation
        Jonathan Zuck, President, Association for Competitive Technology
        Tom Bingham, President, Utah Manufacturers Association
        David Stewart, Verizon
        Dave Davis, President, Retailers Association
        Lincoln Shurtz, Government Affairs, Utah League of          Cities and Towns
        Paul Rogers, Allied Waste
        Rob Jolley, Intermountain Landfill
        Richard Ellis, State Treasurer
        Blaine Carlton, Ballard Spahr Andrews and Ingersoll Law Firm
        David Purinton, Licensed Claims Adjuster
        Chris Purcell, State Farm Insurance
        Wayne Jones, Executive Director, Recreational Vehicle Dealers          Association
        Scott Reed, Assistant Attorney General
        Kirk Torgensen, Chief Deputy Attorney General     

A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Van Tassell called the meeting to order at 4:10 p.m.

Approval of Minutes

    MOTION:
Sen. Adams moved to approve minutes of the March 1, 2011, meeting.

    The motion passed unanimously with Sens. Adams and Jenkins absent for the vote.

1.     S.B. 301 Public Transit Revisions (J. Stevenson)



    
Sen. Stevenson explained the bill assisted by Jennifer Kohler, Attorney, Utah Transit     Authority.

     MOTION: Sen. Knudson moved to transmit S.B. 301 with a favorable recommendation.

    The motion passed unanimously with Sens. Adams and Jenkins absent for the vote.

2.     S.B. 244 Salt Lake County Highway Project Funding W. Niederhauser)

    Sen. Niederhauser explained the bill and answered questions from the Committee.

     MOTION: Sen. Mayne moved to transmit S.B. 244 with a favorable recommendation.

    The motion passed unanimously with Sen. Jenkins absent for the vote.

3.     S.B. 201 Protection Against Unfair Competition Through Misappropriated Technology     Act (C. Bramble)

    
Sen. Bramble explained the bill assisted by Nancy Anderson, Deputy General Council,     Microsoft Corporation and answered questions from the Committee.
    
    
Jonathan Zuck, President, Association for Competitive Technology spoke in support of the     bill.

    
Tom Bingham, President, Utah Manufacturers Association; David Stewart, Verizon and
    Dave Davis, President, Retailers Association spoke in opposition to the bill.

     MOTION: Sen. Adams moved to transmit S.B. 201 with a favorable recommendation.
    
    The motion passed unanimously.

Sen. Adams assumed the Committee Chair.

4.     S.B. 68 Solid Waste Amendments - Financial Assurance Requirements (K. Van Tassell)

    
MOTION: Sen. Van Tassell moved to delete in title and body S.B. 68 and replace it with     1st Sub. S.B. 68.

    The motion passed unanimously.

    The following amendments were distributed:

1.    Page 1, Lines 23 through 24 :    



             23          .    clarifies the approval process required to build certain commercial nonhazardous or
             24      hazardous waste facilities;
{   and   }

      . provides that a person that has received each approval to build a commercial nonhazardous solid waste disposal facility that requires approval by the Legislature and the governor, may not transfer the approvals, including the approved operation plan, to another person within five years after the day on which the governor's approval is received; and      


2.    Page 4, Lines 109 through 116 :    

             109          (C) a
  commercial       hazardous waste treatment, storage, or disposal facility.

             110          (iii) The required approvals described in Subsection (3)(c)(i) for a facility described in
             111      Subsection (3)(c)(ii)(A) or
{   (3)(c)(ii)   } (B) are automatically revoked if:

             112          (A) the governor's approval is received on or after May 10, 2011
  ,       and the facility is not

             113      operational within five years after the day on which the governor's approval is received; or
             114          (B) the governor's approval is received before May 10, 2011
  ,       and the facility is not

             115      operational on or before May 10, 2016.
       (iv) The required approvals described in Subsection (3)(c)(i) for a facility described in Subsection (3)(c)(ii)(A) or (B), including the approved operation plan, are not transferrable to another person for five years after the day on which the governor's approval is received.           

             116          (d) No person need obtain gubernatorial or legislative approval for the construction of

     MOTION: Sen. Jenkins moved to adopt the amendments.

    The motion passed unanimously.

    Sen. Van Tassell explained the bill and answered questions from the Committee.
    
    Lincoln Shurtz, Government Affairs, Utah League of Cities and Towns; Paul Rogers, Allied     Waste and Rob Jolley, Intermountain Landfill spoke in support of the bill.


     MOTION: Sen. Jenkins moved to transmit 1st Sub. S.B. 68 with a favorable     recommendation.

    The motion passed unanimously.

     MOTION: Sen. Jenkins moved to place 1st Sub. S.B. 68 on the Consent Calendar.

    The motion passed unanimously.

5.      S.B. 236 Referendum Amendments (K. Van Tassell)

    
Sen. Van Tassell explained the bill with the assistance of Richard Ellis, State Treasurer and     Blaine Carlton, Ballard Spahr Andrews and Ingersoll Law Firm, and answered questions     from the Committee.

     MOTION: Sen. Jenkins moved to transmit S.B. 236 with a favorable recommendation.

    The motion passed unanimously.

Sen. Van Tassell resumed the Committee Chair.

6.     S.B. 310 Motor Vehicle Insurance Amendment (M. Madsen)

    
Sen. Madsen explained the bill assisted by Dave Purinton, Licensed Claims Adjuster.

    The following amendments were distributed:


1.    Page 1, Lines 17 through 20 :    

             17              .    the individual or the insurer that the individual is working for as a regular
             18      salaried employee is found liable for
{   a bad faith cause of action   }        breach of the implied covenant of good faith and fair dealing       with respect to a

             19      motor vehicle insurance coverage policy claim by court of competent
             20      jurisdiction in a final unappealable judgment or order; and

2.    Page 3, Lines 79 through 82 :    

             79          (ii) the individual or the insurer that the individual is working for as a regular salaried
             80      employee is found liable for
{   a bad faith cause of action   }        breach of the implied covenant of good faith and fair dealing, based upon evidence supporting a pattern of conduct as to indicate a general business practice by an insurer or a person

representing an insurer,       with respect to a motor vehicle


             81      insurance coverage policy claim by court of competent jurisdiction in a final unappealable
             82      judgment or order.
    
     MOTION: Sen. Mayne moved to adopt the amendment.

    The motion passed unanimously.
    
    Chris Purcell, State Farm Insurance spoke to the bill.

     MOTION: Sen. Knudson moved to transmit S.B. 310 with a favorable recommendation.

    The motion passed unanimously.

7.     H.B. 371 Motor Home Taxes and Fees (D. Ipson)

    Rep Ipson explained the bill with the assistance of Wayne Jones, Executive Director,     Recreational Vehicle Dealers Association and answered questions from the Committee.

     MOTION: Sen. Jenkins moved to transmit H.B. 371 with a favorable recommendation.

    The motion passed unanimously.

     MOTION: Sen. Jenkins moved that H.B. 371 be placed on the Consent Calendar.

    The motion passed unanimously.

8.     H.B. 444 Operations and Maintenance Needs Report for Utah Highways (Julie Fisher)

    Sen. Adams explained the bill on behalf of Rep. Fisher.

     MOTION: Sen. Adams moved to transmit H.B. 444 with a favorable recommendation.

    The motion passed unanimously with Sens. Jenkins and Knudsen absent for the vote.

     MOTION: Sen. Adams moved that H.B. 444 be placed on the Consent Calendar.

    The motion passed unanimously with Sens. Jenkins and Knudson absent for the vote.

9.     H.B. 351 Homeless Coordinating Committee Modifications (V. Peterson)

    Rep. Peterson explained the bill.



     MOTION: Sen. Mayne moved to transmit H.B. 351 with a favorable recommendation.

    The motion passed unanimously with Sens. Jenkins and Knudson absent for the vote.

     MOTION: Sen. Mayne moved that H.B. 351 be placed on the Consent Calendar.

    The motion passed unanimously with Sens. Jenkins and Knudson absent for the vote.

10. S.B. 228 Criminal Forfeiture Amendments (D. Liljenquist)     
    Sen. Liljenquist explained the bill assisted by Scott Reed, Assistant Attorney General.

    Kirk Torensen, Chief Deputy Attorney General spoke in support of the bill.

     MOTION: Sen. Adams moved to transmit S.B. 228 with a favorable recommendation.

    The motion passed unanimously with Sen. Knudson absent for the vote.

     MOTION: Sen. Adams moved to adjourn.

    The motion passed unanimously.

    Chair Van Tassell adjourned the meeting at 5:30 p.m.

    Minutes reported by Lorna Wells, Secretary.
    
    


_________________________________

Sen. Kevin Van Tassell, Committee Chair