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Members Present: Sen. Kevin T. Van Tassell, Chair
Sen. Stuart Adams
Sen. Scott K. Jenkins
Sen. Peter C. Knudson
Sen. Karen Mayne
Staff Present: Mr. Leif Elder, Policy Analyst
Ms. Karen Allred, Committee Secretary
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Van Tassell called the meeting to order at 2:11 p.m.
Approval of Minutes
MOTION: Sen. Jenkins moved to approve the minutes of the February 13, 2012 meeting. The motion passed unanimously.
H.B. 293 Amendments to Vehicle Oversize and Overweight Permits (Rep. W. Harper)
Rep. Harper introduced and explained the bill and answered questions from the committee.
MOTION: Sen. Jenkins moved to transmit H.B. 293 with a favorable recommendation. The motion passed unanimously.
MOTION: Sen. Jenkins moved to place H.B. 293 on the Consent Calendar. The motion passed unanimously.
1st Sub. H.C.R. 7 Concurrent Resolution Designating Veterans Memorial Highway (Rep. C. Herrod)
Sen. Valentine introduced and explained the bill.
Spoke for the bill. Andrew Wilson, Veteran
MOTION: Sen. Knudson moved to transmit 1st Sub. HCR 7 with a favorable recommendation. The motion passed unanimously.
MOTION: Sen. Mayne moved to place 1st Sub. HCR 7 on the Consent Calendar. The motion passed unanimously.
Sen. Adams assumed the Committee Chair.
H.B. 317 Traffic Safety Amendments (Rep. D. Ipson)
Sen. Van Tassell introduced and explained the bill.
MOTION: Sen. Van Tassell moved to transmit H.B. 317 with a favorable recommendation.
MOTION: Sen. Van Tassell moved to place H.B. 317 on the Consent Calendar. The motion passed unanimously.
Sen.. Van Tassell resumed the Committee Chair.
S.B. 68 New Automobile Franchise Act Amendments (Sen. S. Jenkins)
MOTION: Sen. Jenkins moved to adopt 1st Sub. S.B. 68. The motion passed unanimously.
MOTION: Sen. Jenkins moved to adopt the following amendments:
1. Page 13, Line 390 :
390 incentive, or program that is offered to but declined
or not accepted
by a
franchisee, even if a similar payment
2. Page 14, Lines 402 through 410 :
402 (14)
(a)
Subsection (1)(pp)(i) does not apply to:
403
{
(a)
}
(i)
signage purchased by a franchisee in which the franchisor has
an intellectuals
404 property right; or
405
{
(b)
}
(ii)
a good used in a facility construction, alteration, or remodel
that is:
406
{
(i)
}
(A)
a moveable interior display that contains material subject to
a franchisor's
407 intellectual property right; or
408
{
(ii)
}
(B)
specifically eligible for reimbursement of over one-half its
cost pursuant to a
409 franchisor or distributor program or incentive granted to the franchisee on reasonable, written
410 terms.
(b) Subsection (1)(pp)(ii) may not be construed to allow a franchisee to:
(i) impair or eliminate a franchisor's intellectual property right; or
(ii) erect or maintain a sign that does not conform to the franchisor's reasonable fabrication specifications and intellectual property usage guidelines.
The motion passed unanimously.
Sen. Jenkins introduced and explained the bill assisted by Craig Bickmore, New Car Dealers Association.
Shane Topham, Attorney, New Car Dealers of Utah further clarified the bill and answered questions from the committee.
Spoke to the bill: Lincoln Shurtz, Government Affairs, General Motors
Frank Pignanelli, American Alliance of Automobile Dealers
MOTION: Sen. Knudson moved to transmit 1st Sub. S.B. 68 as amended with a favorable recommendation. The motion passed unanimously.
H.B. 266 Driver Education Amendments (Rep. B. Daw)
MOTION: Sen. Jenkins moved to adopt the following amendment:
1. Page 1, Lines 13 through 19
House Committee Amendments
1-27-2012 :
13 . provides that the Driver License Division may not license a person who is
13a H. [
14 of age or older
and who has not completed an approved course in driver
training
unless the person:
15 .
{
has completed an approved course in driver training; or
}
holds
a learner permit for three months before applying for an original class
D license; and
16 . certifies that the person, under the authority of a learner permit issued by the
17 Driver License Division, has completed at least 40 hours of driving a motor
18 vehicle, of which at least 10 hours were completed during night hours after
19 sunset; and
2. Page 2, Lines 39 through 41
House Committee Amendments
1-27-2012 :
39 (iii) if the person is H. [
,
has not completed:
40 (A) a course in driver training approved by the commissioner; or
41 (B) the
{
driving requirement
}
requirements
under Subsection
53-3-210.5
(6)(c);
3. Page 11, Lines 320 through 325
House Committee Amendments
1-27-2012 :
320 (c) An applicant is exempt from the requirement under Subsection (6)(a)(i) if the
321 applicant:
322 (i) is H. [
{
and
}
(ii) holds a learner permit for three months before applying for an original class D license; and
323
{
(ii)
}
(iii)
certifies that the applicant, under the authority of a permit issued
under this chapter,
324 has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours were
325 completed during night hours after sunset.
The motion passed unanimously.
Rep. Daw introduced and explained the bill assisted by Leif Elder, Office of Legislative Research and General Counsel.
Spoke for the bill: Annette Rolfe, Driver License Division
Lauren Petty, Intern from Arizona
Spoke against the bill: Wade Campbell, former Driver License Examiner
MOTION: Sen. Jenkins moved to transmit H.B. 266 as amended with a favorable recommendation. The motion passed with Sen. Mayne voting in opposition and Sen. Knudson absent for the vote.
S.B. 65 Alternative Energy Development Tax Incentives (Sen. J. S. Adams)
MOTION: Sen. Adams moved to adopt 1st Sub. S.B. 65. The motion passed unanimously.
Sen. Adams introduced and explained the bill.
Spoke for the bill: Amanda Smith, Energy Advisor
Jeff Hartley, Unconventional Fuel Developers
Spoke to the bill: Matt Pacenza, Policy Director, HEAL Utah
MOTION: Sen. Adams moved to transmit 1st Sub. S.B. 65 with a favorable recommendation. The motion passed unanimously with Sen. Knudson absent for the vote.
MOTION: Sen. Jenkins moved to adjourn. The motion passed unanimously with Sen. Knudson absent for the vote. Chair Van Tassell adjourned the meeting at
4:04 p.m.