MINUTES OF THE SENATE BUSINESS & LABOR STANDING COMMITTEE
THURSDAY, FEBRUARY 7, 2008, 8:30 A.M.
ROOM W015, WEST OFFICE BUILDING
STATE CAPITOL COMPLEX
Members Present: Sen. Kevin VanTassell, Chair
Sen. Gene Davis
Sen. Dan Eastman
Sen. Bill Hickman
Sen. Karen Mayne
Sen. Wayne Niederhauser
Sen. Carlene Walker
Public Speakers Present: Craig Bickmore, Director, New Car Dealers of Utah
Wayne Jones, Executive Director, Recreational Vehicle Association
Frank Pignanelli, Alliance of Automobile Manufacturers
Gary Thorup, Attorney, Recreational Vehicle Association
Steve Cloward, Director, Davis Business Alliance
Candace Daly, State Director, National Federation of Independent
Business
Jason Perry, Director, Governor's Office of Economic Development
Sherrie Hayashi, Commissioner, Utah Labor Commission
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair VanTassell called the meeting to order at 8:35 a.m. Approval of Minutes
MOTION: Sen. Hickman moved to approve the minutes of the February 5, 2008 meeting.
The motion passedunanimously with Sens. Davis, Eastman, and Walker absent for the
vote.
1. 1st Sub. H.B. 53 Impact of Administrative Rules on Small Businesses (S. Clark)
Rep. S. Clark introduced the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably.
The motion passed unanimously with Sens. Davis, Eastman, and Niederhauser absent for the
vote.
MOTION: Sen. Hickman moved that the bill be placed on the Consent Calendar.
The motion passed unanimously with Sens. Davis, Eastman, and Niederhauser absent for the
vote.
2. S.B. 57 Franchise Law Amendments(Eastman)
Sen. Eastman introduced the bill and 1st Sub. S.B. 57 was distributed.
MOTION: Sen. Eastman moved to adopt 1st Sub. S.B. 57.
The motion passed unanimously with Sens. Davis and Niederhauser absent for the vote.
Craig Bickmore, Director, New Car Dealers of Utah, further explained the bill and answered
questions from the committee.
The following amendments were proposed:
1. Page
13, Lines 385 through 387
:
385
{
(iv) by using a formula, computation, or process intended to gauge the
franchisee's
386
performance;
}
or
387
{
(v)
}
(iv)
if the franchisee complies with any reasonable requirement
concerning the sale of
2. Page
18, Lines 533 through 534
:
533
(5) The franchisor has the burden of proof to establish by
{
clear and
convincing
}
a preponderance of the
534
evidence that under the provisions of this chapter it should be granted permission to:
MOTION: Sen. Walker moved to adopt the amendments.
The motion passed unanimously with Sen. Davis absent for the vote.
Wayne Jones, Executive Director, Recreational Vehicle Association, spoke in support of the
bill.
Frank Pignanelli, Alliance of Automobile Manufacturers, and Gary Thorup, Attorney,
Recreational Vehicle Association, spoke to the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably as amended.
The motion passed unanimously with Sens. Davis and Niedehauser absent for the vote.