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MINUTES OF THE SENATE GOVERNMENT OPERATIONS &
POLITICAL SUBDIVISIONS STANDING COMMITTEE
ROOM 415 STATE CAPITOL
MARCH 7, 2013
Members Present: Sen. Margaret Dayton, Chair
Sen. Luz Robles
Sen. Brian E. Shiozawa
Sen. Daniel Thatcher
Sen. Kevin T. Van Tassell
Members Excused: Sen. Lyle W. Hillyard
Pres. Wayne L. Niederhauser
Staff Present: Mr. Rich North, Policy Analyst
Ms. Karen C. Allred, Committee Secretary
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Dayton called the meeting to order at 4:07 a.m.
Approval of Minutes
MOTION: Sen. Van Tassell moved to approve the minutes of the March 5, 2013, and the
corrected minutes of the March 4, 2013 meetings. The motion passed unanimously
with Sens. Robles and Thatcher absent for the vote.
S.B. 246 Volunteer Workers Amendments (Sen. S. Jenkins)
Sen. Jenkins introduced and explained the bill.
MOTION: Sen. Van Tassell moved to amend S.B. 246 as follows:
1, Line 13
. addresses liability of certain volunteers;
2, Lines 44 through 49
Any] (1) A person performing services on a voluntary basis, without compensation,
under the general supervision of, and on behalf of any public entity, [
shall be] is immune
liability with respect to any decisions or actions, other than in connection with the
a motor vehicle, taken during the course of those services, unless it is established that
decisions or actions were grossly negligent, not made in good faith, or were made
the volunteer willfully and knowingly caused harm to a person or property
4, Line 119 through Page 5, Line 127
(4) A volunteer facilitator is immune from liability for damages or injuries arising
of or related to the volunteer service of a volunteer provided by the volunteer facilitator to
(a) an action or omission of the volunteer facilitator
willfully and knowingly
is grossly negligent, not made in good faith, or made maliciously, and
harm to a person or property; or
(b) the volunteer facilitator fails to exercise due diligence in determining the fitness
a volunteer to provide voluntary service to the agency under circumstances that make the
volunteer facilitator's failure to exercise due diligence
a willful and knowing
violation of the
volunteer facilitator's duty
grossly negligent, not in good faith, or malicious
The motion passed unanimously with Sens. Robles and Thatcher absent for the vote.
Spoke in favor of the bill: Ms. Jennifer Dayley, Executive Director, Utah Association for Justice
Mr. Dave Hardman, President/Chief Executive Officer, Ogeden/Weber
MOTION: Sen Van Tassell moved to pass S.B. 246 out favorably. The motion passed with Sen.
Dayton voting in opposition and Sens. Robles and Thatcher absent for the vote.
H.B. 330 Financial Reporting Amendments (Rep. S. Eliason) (Sen. C. Bramble)
Rep. Eliason introduced and explained the bill.
Spoke to the bill: Mr. Brent Gardner, Chief Executive Officer, Utah Association of Counties
MOTION: Sen. Van Tassell moved to pass H.B. 330 out favorably. The motion passed unanimously
with Sen. Thatcher absent for the vote.
1st Sub. H.C.R. 5 Concurrent Resolution on Regional Correctional Facilities and County Jail
Contracting (Rep. M. Noel)
Rep. Noel introduced and explained the bill.
Spoke in favor of the bill: Mr. Brent Gardner, Chief Executive Officer, Utah Association of Counties
MOTION: Sen. Thatcher moved to pass 1st Sub. H.C.R. 5 out favorably. The motion passed
MOTION: Sen. Van Tassell moved to place 1st Sub. H.C.R. 5 on the Consent Calendar. The motion
H.J.R. 12 Joint Resolution Dissolving Clarkston Justice Court (Rep. J. Draxler) (Sen. L.
Sen. Van Tassell introduced and explained the bill.
MOTION: Sen. Van Tassell moved to pass H.J.R. 12 out favorably. The motion passed unanimously.
MOTION: Sen. Van Tassell moved to place H.J.R. 12 on the Consent Calendar. The motion passed
H.B. 337 Permanent State Trust Fund Investment Amendments (Rep. J. Nielson)
This bill was not heard.
MOTION: Sen. Shiozawa moved to adjourn. The motion passed unanimously.
Chair Dayton adjourned the meeting at 5:01 a.m.
Minutes reported by Karen C. Allred, Secretary.
Sen. Margaret Dayton, Committee Chair