MINUTES OF THE

HOUSE ECONOMIC DEVELOPMENT AND WORKFORCE SERVICES

STANDING COMMITTEE

Monday, February 13, 2017 • 9:00 a.m. • 20 House Building

Members Present:

Rep. Rebecca P. Edwards, Chair

Rep. John R. Westwood, Vice Chair

Rep. Carl R. Albrecht

Rep. LaVar Christensen

Rep. A. Cory Maloy

Rep. Carol Spackman Moss

Rep. Angela Romero

Rep. Scott D. Sandall

Rep. Christine F. Watkins

Rep. Mike Winder

Staff Present:

Mr. Ryan M. Hunter, Policy Analyst

Mr. Steve Benard, Committee Secretary

Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at le.utah.gov.

Vice Chair Westwood called the meeting to order at 9:01 a.m.

MOTION: Rep. Watkins moved to approve the minutes of February 8. The motion passed with a vote of 6-0-4.

Yeas:

Nays:

Abs:

Rep. C. Albrecht

Rep. L. Christensen

Rep. R. Edwards

Rep. A. Maloy

Rep. C. Watkins

Rep. J. Westwood

Rep. C. Moss

Rep. A. Romero

Rep. S. Sandall

Rep. M. Winder

1. H.B. 242 Family and Medical Leave Amendments (Pitcher, D.)

Rep. Dixon M. Pitcher presented the bill with assistance from Ms. Stephanie Pitcher.

Ms. Abby Osborne, Salt Lake Chamber, spoke to the bill.

Ms. Nadia Bowman spoke in favor of the bill.

Mr. Connor Benjamin spoke in opposition to the bill.

Ms. Erin Jemison, YWCA Utah, spoke in favor of the bill.

Mr. David Davis, Utah Retail Merchants Association, spoke in opposition to the bill.

Dr. Claudia Geist, University of Utah, spoke in favor of the bill.

MOTION: Rep. Sandall moved to amend H.B. 242 with Amendment #1.

1. Page 1, Lines 13 through 14:

13 ► provides that a state-eligible employer is subject to

{

the

}

certain

provisions of the Family and

14Medical Leave Act; and

2. Page 2, Lines 37 through 38:

37 (2) "FMLA" means the Family and Medical Leave Act, 29 U.S.C. Sec. 2601, et seq.

(3) "FMLA leave" means the type of leave to which an eligible employee is entitled under the FMLA.

{

(3)

}

(4)

(a) "State-eligible employer" means a public or private person who employs at least

3. Page 2, Lines 43 through 44:

43Subsection

{

(3)

}

(4)

(a) to an employee of the person described in Subsection

{

(3)

}

(4)

(a); and

44 (ii) any successor in interest of a person described in Subsection

{

(3)

}

(4)

(a).

4. Page 2, Lines 48 through 50:

{

The

}

(1) Except as provided in Subsection (2), the

provisions of the FMLA apply to each state-eligible employer as if the

49state-eligible employer were an employer as defined in 29 U.S.C. Sec. 2611.

(2) (a) For a state-eligible employer with no more than 39 employees, each eligible employee is entitled to six workweeks of FMLA leave during any 12-month period.

(b) For a state-eligible employer with at least 40 and no more than 49 employees, each eligible employee is entitled to nine workweeks of FMLA leave during any 12-month period.

50 Section 4. Section 34-52-301 is enacted to read:

5. Page 2, Line 54:

54employer for a violation of

this section or

the FMLA in accordance with the provisions of the FMLA.

Rep. Sandall's motion to amend passed with a vote of 10-0-0.

Yeas:

Nays:

Abs:

Rep. C. Albrecht

Rep. L. Christensen

Rep. R. Edwards

Rep. A. Maloy

Rep. C. Moss

Rep. A. Romero

Rep. S. Sandall

Rep. C. Watkins

Rep. J. Westwood

Rep. M. Winder

MOTION: Rep. Sandall moved to hold H.B. 242. The motion passed with a vote of 7-3-0.

Yeas:

Nays:

Abs:

Rep. C. Albrecht

Rep. L. Christensen

Rep. A. Maloy

Rep. S. Sandall

Rep. C. Watkins

Rep. J. Westwood

Rep. M. Winder

Rep. R. Edwards

Rep. C. Moss

Rep. A. Romero

MOTION: Rep. Winder moved to adjourn. The motion passed with a vote of 10-0-0.

Yeas:

Nays:

Abs:

Rep. C. Albrecht

Rep. L. Christensen

Rep. R. Edwards

Rep. A. Maloy

Rep. C. Moss

Rep. A. Romero

Rep. S. Sandall

Rep. C. Watkins

Rep. J. Westwood

Rep. M. Winder

Vice Chair Westwood adjourned the meeting at 9:55 a.m.

___________________________

Rep. Rebecca P. Edwards, Chair