MINUTES OF THE

SENATE BUSINESS AND LABOR STANDING COMMITTEE

215 Senate Building, Utah State Capitol Complex

Friday, February 20, 2015

Members Present: Sen. Curtis S. Bramble, Chair

Sen. Stuart Adams

Sen. Gene Davis

Sen. Deidre Henderson

Sen. Karen Mayne

Sen. Todd Weiler

Members Excused: Sen. Ralph Okerlund

Staff Present: Mr. Bryant Howe, Deputy Director

Ms. Karen Allred, Committee Secretary

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

Chair Bramble called the meeting to order at 2:11 p.m. and announced that at the request of the sponsor S.B. 171 would not be heard today.

MOTION: Sen. Henderson moved to approve the minutes of the February 18, 2015 meeting. The motion passed unanimously with Sen. Weiler, Sen. Davis, Sen. Adams, and Sen. Mayne absent for the vote.

Sen. Henderson assumed the Committee Chair.

S.B. 221 Alcohol Amendments (S. Urquhart)

Sen. Urquhart explained the bill to the committee.

Sen. Bramble resumed the Committee Chair.

Spoke against the bill: Jani Brown, Mothers Against Drunk Driving

Laura Brown, United Families International

Gayle Ruzicka, Eagle Forum

Laura Brown distributed a handout “The Impact of Underage Drinking on Society” from United

Families International.

Sen. Henderson assumed the Committee Chair.

MOTION: Sen. Davis moved to pass the bill out favorably. The motion failed with Sen. Davis and Sen. Mayne voting in favor, Sen. Henderson and Sen. Weiler voting in opposition and Sen. Bramble and Sen. Adams absent for the vote.

S.B. 186 Construction Trades Licensing Continuing Education (P. Knudson)

Sen. Bramble resumed the Committee Chair.

Sen. Knudson explained the bill.

Spoke for the bill: Jim Hill, Rocky Mountain Gas Association

Brian Templin, President, ESCO

Robert Patterson, Community Relations Representative, Local 140

Dean Dyatt, Master Plumber, Tech Support/Training, Rocky Mountain Gas

MOTION: Sen. Mayne moved to pass the bill out favorably. The motion passed unanimously with Sen. Weiler and Sen. Adams absent for the vote.

S.B. 212 Surplus Lines Insurance Modifications (J. Stevenson)

Sen. Stevenson explained the bill to the committee.

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

1. Page 7, Line 204 through Page 8, Line 214:

204 {[} (12) (a) For a surplus lines insurance transaction in the state entered into on or after

205 May 13, 2014, if an audit is required by the surplus lines insurance transaction, a surplus lines

206 insurer: {]}

207 {[} (i) shall exercise due diligence to initiate an audit of an insured, to determine whether

208 additional premium is owed by the insured, by no later than six months after the expiration of

209 the term for which premium is paid; and {]}

210 {[} (ii) may not audit an insured more than three years after the surplus lines insurance

21 1 transaction expires. {]}

212 {[} (b) A surplus lines insurer that does not comply with this Subsection (12) may not

213 charge or collect additional premium in excess of the premium agreed to under the surplus

214 lines insurance transaction. {]}

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

Spoke for the bill: David DeBry, Attorney spoke in support of the bill and distributed

Handout

Brett Barratt, Deputy Commissioner, Department of Insurance

MOTION: Sen. Mayne moved to pass the bill out favorably as amended. The motion passed unanimously with Sen. Adams absent for the vote.

S.B. 218 Nonprofit Corporation Act Amendments (L. Hillyard)

Sen. Hillyard explained the bill to the committee Assisted by Bruce Olson, Attorney.

MOTION: Sen. Davis moved to pass the bill out favorably. The motion passed unanimously with Sen. Adams absent for the vote.

S.B. 220 Penalty for Non-response to Information Request (T. Weiler)

Sen. Weiler explained the bill to the committee.

MOTION: Sen. Weiler moved to pass the bill out favorably. The motion passed unanimously with Sen. Adams absent for the vote.

S.B. 203 Immigration Consultants Amendments (L. Escamilla)

Sen. Escamilla explained the bill to the committee.

MOTION: Sen. Davis moved to pass the bill out favorably. The motion passed unanimously

with Sen. Adams absent for the vote.

MOTION: Sen. Davis moved to place the bill on the Consent Calendar. The motion passed

unanimously with Sen. Adams absent for the vote.

H.B. 227 1^st Sub. Real Estate Amendments (G. Froerer)

Rep. Froerer explained the bill to the committee.

Spoke for the bill: Johnathan Stewart, Department of Commerce, Division of Real Estate

Distributed a Fact Sheet

Mike Ostermiller, Northern Wasatch Division of Real Estate

MOTION: Sen.Weiler moved to pass the bill out favorably. The motion passed unanimously with Sen. Adams absent for the vote.

MOTION: Sen. Weiler moved to place the bill on the Consent Calendar. The motion passed unanimously with Sen. Adams absent for the vote.

H.B. 218 Nurse Practice Act Amendments (S. DiCaro)

Rep. DiCaro explained the bill to the committee and answered questions from the committee.

Spoke for the bill: Steve Foxley, Attorney, Lobyist

MOTION: Sen. Mayne moved to pass the bill out favorably. The motion passed unanimously with Sen. Adams absent for the vote.

H.B. 194 Occupational Therapy License Amendments (C. Moss)

Rep. Moss explained the bill to the committee.

MOTION: Sen. Davis moved to pass the bill out favorably. The motion passed unanimously with Sen. Adams and Sen. Henderson absent for the vote.

MOTION: Sen. Davis moved to adjourn. The motion passed unanimously with Sen. Henderson and Sen. Adams absent for the vote.

Chair Bramble adjourned the meeting at 4:09 p.m.

________________________

Sen. Curtis S. Bramble, Chair