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MINUTES OF THE SENATE BUSINESS & LABOR
 STANDING COMMITTEE
MONDAY, JANUARY 28, 2008, 9:00 A.M.
ROOM W015, WEST OFFICE BUILDING
STATE CAPITOL COMPLEX


Members Present:    Sen. Kevin VanTassell, Chair
        Sen. Dan Eastman
        Sen. Bill Hickman
        Sen. Wayne Niederhauser         Sen. Carlene Walker
        Sen. Karen Mayne
    
Members Absent:    Sen. Gene Davis

Staff Present:    Allison Nicholson, Policy Analyst
        Karen Allred, Committee Secretary

Public Speakers Present:    Richard Hamp, Office of the Attorney General
        Steve Sullivan, attorney, Utah Trial Lawyers Association
        Chris Purcell, State Farm Insurance
        Mike Sonntag, Bear River Insurance
        Gary R. Thorup, attorney, Holme, Roberts & Owen

A list of visitors and a copy of handouts are filed with the committee minutes.

Chair VanTassell called the meeting to order at 9:00 a.m.

Approval of Minutes

    MOTION: Sen. Walker moved to approve the minutes of the January 24, 2008 meeting.

    The motion passed unanimously with Sen. Neiderhauser absent for the vote.     
1.    S.B. 132 Consumer Credit Protection Act - Attorney General Powers (C. Walker)

    Sen. Walker introduced the bill.

    Richard Hamp, Office of the Attorney General, further explained the bill.

     MOTION : Sen. Hickman moved to amend the bill as follows:

    Page 3, line 66, delete the word "alleged" and insert "who is found".

    The motion carried unanimously with Sen. Eastman absent for the vote.

    MOTION: Sen. Hickman moved to amend the bill as follows:

    Page 3, lines 63 and 71, delete the word "alleged" and insert "who is found".

    The motion passed unanimously with Sen. Eastman absent for the vote.

    MOTION: Sen. Hickman moved to amend the bill as follows:

     Page 3, line 73, delete the word "alleged" and insert "who is found".

    The motion passed unanimously with Sen. Eastman absent for the vote.

    MOTION: Sen. Hickman moved to pass the bill out favorably as amended.

    The motion passed unanimously.

2. S.B. 149 Motor Vehicle Liability Policy Minimum (S. Killpack)

    Sen. Killpack introduced the bill.

    Steve Sullivan, attorney, spoke in support of the bill.

    Chris Purcell, State Farm Insurance; Mike Sonntag, Bear River Insurance; and Gary R.     Thorup, attorney, Holme, Roberts & Owen; spoke to the bill.

    MOTION: Sen. Hickman moved to pass the bill out favorably.

    The motion passed with Sens. VanTassell, Eastman, Hickman, and Walker voting in     favor, Sen. Mayne voting in opposition, and Sen. Neiderhauser absent for the vote.

3.    H.B. 21 Employment Security Act Amendments (S. Mascaro)

    Rep. Mascaro introduced the bill.

     MOTION: Sen. Walker moved to pass the bill out favorably.

    The motion passed unanimously with Sen. Niederhauser absent for the vote.

4. H.B. 56 Repeal Provisions Related to Assumption of Indebtedness on Residential     Real Property (K. Garn)

    Rep. Garn introduced the bill.

     MOTION: Sen. Hickman moved to pass the bill out favorably.

    The motion passed unanimously with Sen. Niederhauser absent for the vote.

     MOTION: Sen. Hickman moved to reconsider the Committee's actions on S.B. 132.

    The motion passed unanimously with Sen. Niederhauser absent for the vote.

     MOTION: Sen. Hickman moved to amend the bill as follows:

1.    Page 2, Lines 49 through 50 :    

             49          (a) investigate the actions of any person
{   alleged   }        who is found       to violate Section 13-44-201 or

             50      13-44-202 ;

2.    Page 3, Lines 60 through 73 :    

             60          (8) (a) The attorney general may inspect and copy all records related to the business
             61      conducted by the person
{   alleged   }        who is found       to have violated this chapter, including records located outside

             62      the state.
             63          (b) For records located outside of the state, the person
{   alleged   }        who is found       to have violated this

             64      chapter shall pay the attorney general's expenses to inspect the records, including travel costs.
             65          (c) Upon notification from the attorney general of the attorney general's intent to
             66      inspect records located outside of the state, the person
{   alleged   }        who is found       to have violated this chapter

             67      shall pay the attorney general $500, or a higher amount if $500 is estimated to be insufficient,
             68      to cover the attorney general's expenses to inspect the records.
             69          (d) The attorney general shall deposit any amounts received under this Subsection (8)

             70      in the Attorney General Litigation Fund established in Section 76-10-922 .
             71          (e) To the extent an amount paid to the attorney general by a person
{   alleged   }        who is found       to have

             72      violated this chapter is not expended by the attorney general, the amount shall be refunded to
             73      the person
{   alleged   }        who is found       to have violated this chapter.


The motion passed unanimously with Sen. Niederhauser absent for the vote.

MOTION: Sen. Mayne moved to adjourn.

The motion passed unanimously with Sen. Niederhauser absent for the vote.

Chair VanTassell adjourned the meeting at 9:46 a.m.



         




                _________________________________
                Sen. Kevin VanTassell, Committee Chair