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S.F. No. 0033 |
Public easements-abandonment. |
Sponsored By: Senator(s) Martin, Cooper and Ross and Representative(s) Lubnau
AN ACT relating to public easements; providing a process for abandonment of easements by local governments as specified; and providing for an effective date.
12/15/200 Bill Number Assigned
1/13/2009 S Received for Introduction
1/13/2009 S Introduced and Referred to S03
1/16/2009 S 03 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Case, Larson, Martin, Perkins and Schiffer
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/16/2009 S Placed on General File
SF0033SS001/ADOPTED
Page 1-line 7 Delete "16-12-103" insert "16-12-102".
Page 2-line 8 After "chapter." insert "The abandonment of a public easement under this chapter shall not impair the right of any public utility to continue to operate and maintain utility facilities located within the public easement.".
Page 3-line 1 Before "Notice" insert "After providing notice to the public service commission,".
Page 3-line 8 After "hearing" delete "," insert "and".
Page 3-line 9 After "abandonment" insert "." and delete balance of line.
Page 3-lines 10 through 17 Delete.
Page 3-line 18 Delete through "abandonment."; delete "other".
Page 3-line 20 After "support" insert "or opposition".
Page 5-line 17 Delete "shall" insert "may".
Page 6-lines 5 through 11 Delete. SCHIFFER, CHAIRMAN
1/19/2009 S Passed CoW
1/20/2009 S Passed 2nd Reading
1/21/2009 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Scott
Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0
1/26/2009 H Received for Introduction
1/30/2009 H Introduced and Referred to H07
2/13/2009 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Craft, Diercks, Hales, Illoway and Zwonitzer, Dn.
Nays: Representative(s) Brown, Miller and Stubson
Excused: Representative(s) Lubnau
Ayes 5 Nays 3 Excused 1 Absent 0 Conflicts 0
2/13/2009 H Placed on General File
SF0033HS001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1-line 3 After "specified;" insert "specifying applicability of the act;".
Page 2-line 10 After "utility" insert "or telecommunications company".
Page 2-line 11 After "utility" insert "or telecommunications".
Page 3-line 14 Delete "resident" insert "interested person".
Page 3-line 19 Delete "or" insert ","; delete "its residents" insert "other interested persons".
Page 3-line 23 Delete "substantial" insert "public".
Page 3-line 24 Delete "and" insert "or".
Page 4-line 13 Before "ten" insert "the".
Page 4-line 14 Delete "maintenance" insert "the failure to maintain".
Page 4-line 21 After "Any" delete remainder of line.
Page 4-line 22 Delete entirely.
Page 4-line 23 Delete the line through "," insert "interested person".
Page 4-line 24 Delete "and" insert "or".
Page 5-line 1 Delete "substantial use and" insert "no public use or".
Page 5-line 9 Delete "substantial" insert "public".
Page 6-before line 1 Insert and renumber:
"Section 2. This act shall not apply to any action filed on or before the effective date of this act.".
Page 6-line 1 Delete "2" insert "3". STUBSON, VICE CHAIRMAN
SF0033HW001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 9 Before "The abandonment" insert "(c)".
Page 2-line 14 Delete "(c)" insert "(d)".
Page 3-line 20 Delete "order" insert "declare"; after "abandoned" insert "by the city, town or county".
Page 5-line 1 Delete entirely including the standing committee amendment (SF0033HS001/AE) to this line and insert "regarding the public use or".
Page 5-line 12 Delete "order" insert "declare".
Page 5-line 13 After "abandoned" insert "by the city, town or county".
Page 5-line 19 Delete "final order" insert "declaration". BROWN
2/25/2009 H Failed CoW; Indef Postponed
ROLL CALL
Ayes: Representative(s) Bagby, Barbuto, Craft, Goggles and Harvey
Nays: Representative(s) Anderson, R., Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Hales, Hallinan, Hammons, Harshman, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 5 Nays 55 Excused 0 Absent 0 Conflicts 0