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MINUTES OF THE HOUSE BUSINESS AND LABOR
STANDING COMMITTEE
Room W010, West Office Building, State Capitol Complex
February 12, 2007

Members Present:    Rep. Stephen D. Clark, Chair
            Rep. Jim Dunnigan, Vice Chair            
            Rep. Jackie Biskupski
            Rep. David Clark            
            Rep. Carl W. Duckworth
            Rep. Ben Ferry
            Rep. Gage Froerer
            Rep. Kevin Garn
            Rep. Neil A Hansen
            Rep. Todd E. Kiser
            Rep. Michael T. Morley
            Rep. Paul Neuenschwander
            Rep. Mark Walker        
             
Staff Present:    Allison Nicholson, Policy Analyst            
            Linda Error, Committee Secretary

Note:        List of visitors and a copy of handouts are filed with committee minutes .

Vice Chair Dunnigan called the meeting to order at 8:06 a.m.

MOTION:    Rep. Hansen moved to approve the minutes of the February 8, 2007 meeting. The motion passed unanimously, with Rep. D. Clark, Rep. Ferry, Rep. Kiser, Rep. Morley, and Rep. Walker absent for the vote.

Vice Chair Dunnigan relinquished the chair to Chair S. Clark.

H.B. 386    Insurance Department Funding (Rep. J. Dunnigan)

MOTION:    Rep. Dunnigan moved to delete in title and body H.B. 386 and replace it with 1st Substitute H.B. 386 and amend the bill as follows:

1.    Page 3, Lines 72 through 75 :    

             72          (6) (a) There is created a restricted account within the General Fund known as the
             73      "Insurance Department Restricted Account."
             74          (b) (i) Except as provided in
{   Subsection   }        Subsections       (6)(b)(ii)        and (iii)       , the Insurance Department Restricted

             75      Account shall consist of:

2.    Page 4, Lines 92 through 93 :    

             92          (I) Subsection 63-38a-105 (7).
  (iii) Notwithstanding Subsection (6)(b)(i)(B), any fine, forfeiture, or penalty collected by the department under this title shall be deposited into the General Fund as free revenue unless its use is otherwise restricted.      

             93          (c) The Legislature shall appropriate funds from the Insurance Department Restricted

The motion to substitute and amend the bill passed unanimously, with Rep. D. Clark, Rep. Ferry, Rep. Kiser, Rep. Morley, and Rep. Walker absent for the vote.

Rep. Dunnigan introduced the substitute bill to the committee with the assistance of Kent Michie, Commissioner, Utah Insurance Department.

Spoke for the bill:    Kelly Atkinson, Executive Director, Utah Health Insurance Association
            Curt Howell, Executive Director, United Health Care of Utah

MOTION:    Rep. Hansen moved to pass the substitute bill out favorably as amended. The motion failed, with Rep. Biskupski, Rep. D. Clark, Rep. S. Clark, Rep. Dunnigan, Rep. Hansen, and Rep. Walker voting in favor. Rep. Kiser was absent for the vote.

Vice Chair Dunnigan resumed the chair.

H.B. 153    Securities Amendments (Rep. J. Bird)

Rep. Bird introduced the bill to the committee with the assistance of Stephen Christiansen, Attorney, Van Cott, Bagley, Cornwall, and McCarthy.

Spoke against the bill:    Wayne Klein, Director, Division of Securities (handout)
                Erik Christiansen, Attorney
                Ed McCartney, Advisory Board, Division of Securities and    
              Vice President, Fidelity Investments

MOTION:    Rep. Froerer moved to pass the bill out favorably.

SUBSTITUTE
MOTION:    Rep. Ferry moved to proceed to the next item on the agenda. The motion failed, with Rep. Duckworth, Rep. Dunnigan, Rep. Froerer, Rep. Morley, and Rep. Neuenschwander voting in opposition. Rep. D. Clark, Rep. Hansen, and Rep. Kiser were absent for the vote.


The original motion to pass the bill out favorably passed, with Rep. Biskupski and Rep. Ferry voting in opposition. Rep. D. Clark, Rep. Hansen, and Rep. Kiser were absent for the vote.

S.B. 108    Workers' Compensation - Time Limitations (Sen. E. Mayne)

Sen. Mayne introduced the bill to the committee.

Spoke for the bill:    Dennis Lloyd, Senior Vice President and General Counsel, Workers Compensation Fund of Utah

MOTION:    Rep. Garn moved to pass the bill out favorably. The motion passed unanimously, with Rep. D. Clark, Rep. Hansen, and Rep. Kiser absent for the vote.

MOTION:    Rep. S. Clark moved that S.B. 108 be placed on the Consent Calendar. The motion passed unanimously, with Rep. D. Clark, Rep. Hansen, Rep. Kiser, and Rep. Walker absent for the vote.

S.B. 9    Nonprofit Corporation Amendments (Sen. L. Hillyard)

Sen. Hillyard introduced the bill to the committee

MOTION:    Rep. Ferry moved to pass the bill out favorably. The motion passed unanimously, with Rep. Biskupski, Rep. D. Clark, and Rep. Hansen absent for the vote.

S.B. 83    Acupuncture Licensing Act Amendments (Sen. S. McCoy)

Sen. McCoy introduced the bill to the committee.

MOTION:    Rep. Garn moved to pass the bill out favorably. The motion passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.

H.B. 374    Integrated Health System Fair Practices Act (Rep. R. Lockhart)

Rep. Lockhart introduced the bill to the committee.

MOTION:    Rep. Morley moved to amend the bill as follows:    

1.    Page 2, Lines 35 through 38 :    

             35      intermediaries controls, is controlled by, or is under common control with
{   a nonprofit   }        an      

             36      organization.

             37          (2) "Integrated health system" means
{   a nonprofit   }        an       organization that directly, or through

             38      an affiliate or subsidiary:

The motion to amend passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.

Spoke for the bill:    Alan Dayton, Intermountain Health Care

MOTION:    Rep. Duckworth moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.

MOTION:    Rep. S. Clark moved to reconsider the previous action taken on H.B. 386. The motion failed, with Rep. Biskupski, Rep. S. Clark, Rep. Dunnigan, Rep. Kiser, and Rep. Walker voting in favor. Rep. D. Clark and Rep. Hansen were absent for the vote.

MOTION:    Rep. Biskupski moved to adjourn the meeting. The motion passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.

Vice Chair Dunnigan adjourned the meeting at 9:35 p.m.














                    _________________________
                     Rep. Stephen D. Clark, Chair