MINUTES OF THE
SENATE BUSINESS AND LABOR STANDING COMMITTEE
Tuesday, January 29, 2019 • 2:00 p.m. • 215 Senate Building


Members Present:
Sen. Curtis S. Bramble, Chair
Sen. Jacob L. Anderegg
Sen. Kirk A. Cullimore
Sen. Gene Davis
Sen. Daniel Hemmert
Sen. Don L. Ipson
Sen. Karen Mayne

Members Absent:
Sen. Daniel McCay

Staff Present:
Mr. Adam J. Sweet, Policy Analyst
Ms. Karen C. Allred, Committee Secretary

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

Chair Bramble called the meeting to order at 2:07 p.m.
MOTION: Sen. Davis moved to approve the minutes of March 15, 2018. The motion passed with a vote of 6-0-2.
Yeas - 6Nays-0Abs-2
Sen. C. Bramble
Sen. K. Cullimore
Sen. G. Davis
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. J. Anderegg
Sen. D. McCay
1. S.B. 51 Hospital Lien Law Amendments (Hillyard, L.)
Sen. Lyle W. Hillyard presented the bill.
MOTION: Sen. Ipson moved to pass S.B. 51 out favorably. The motion passed with a vote of 6-0-2.
Yeas - 6Nays-0Abs-2
Sen. C. Bramble
Sen. K. Cullimore
Sen. G. Davis
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. J. Anderegg
Sen. D. McCay
2. S.B. 82 Dealership Licensing Amendments (Ipson, D.)
Sen. Don L. Ipson presented the bill with the assistance of Mr. Wayne Jones, Executive Director, Used Car Dealers of Utah.
MOTION: Sen. Ipson moved to amend S.B. 82 with Amendment #1. The motion passed with a vote of 7-0-1.
Amendment 1
S.B. 82
1.        Page 1, Lines 25 through 26: 
25         Other Special Clauses:
26                 { None } This bill provides a special effective date.

2.        Page 17, Lines 501 through 503: 
501                 (1) Subject to the provisions of Subsections (3) { [ } , (4), and (5) { ] } { through (6) } , the division
502         may issue special plates under Section 41-3-501 as necessary to conduct the business of the
503         dealer, dismantler, manufacturer, remanufacturer, or transporter applying for the plates.

3.        Page 17, Lines 506 through 508: 
506                 (3) Except as provided under Subsection (4), the division may issue [two] five special
507         dealer plates to each dealer licensed under this chapter plus one additional special dealer plate
508         for every 25 { or increment of 25 } motor vehicles [sold by] the dealer sells each year.

4.        Page 18, Lines 524 through 527: 
524                 { (6) The division may issue as many as five special plates to a transporter licensed under
525         this chapter. }
526                 { [ } (6) { ] } { (7) } (a) The division may recall, redesign, and reissue special plates under this
527         part, as needed to administer the provisions of this title.

5.        Page 21, Lines 641 through 642: 
641                 Section 41-3-409.5, Unbranded certificate of title -- Application requirements --
642         Recording requirements -- Recurrence of nonconformities.
        Section 13. Effective date.
This bill takes effect on October 1, 2019.

Yeas - 7Nays-0Abs-1
Sen. J. Anderegg
Sen. C. Bramble
Sen. K. Cullimore
Sen. G. Davis
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. D. McCay
MOTION: Sen. Ipson moved to pass S.B. 82 out favorably. The motion passed with a vote of 6-0-2.
Yeas - 6Nays-0Abs-2
Sen. J. Anderegg
Sen. C. Bramble
Sen. K. Cullimore
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. G. Davis
Sen. D. McCay
3. S.B. 69 Consumer Ticket Protection Amendments (Henderson, D.)
Sen. Deidre M. Henderson presented the bill.
Sen. Hemmert moved to amend S.B. 69 with Amendment #1.
Amendment 1
S.B. 69
1.        Page 3, Lines 77 through 78: 
77                 (2) "Event" means a single, specific occurrence of { a concert, game, performance, show,
78         or other occasion. } one of the following, that takes place at a venue:
        (a) a concert;
        (b) a game;
        (c) a performance;
        (d) a show; or
        (e) an occasion similar to the occasions described in Subsections (2)(a) through (d).  

2.        Page 4, Lines 91 through 92: 
91         person who issued the ticket or the person's agent or operator.
        (6) (a) "Venue" means real property located in the state where one or more persons host a concert, game, performance, show, or similar occasion.
        (b) "Venue" includes an arena, a stadium, a theater, a concert hall, an amphitheater, a fairground, a club, a convention center, a public assembly facility, or a mass gathering location.
92                 Section 4. Section 13-54-103 is enacted to read:

3.        Page 5, Lines 132 through 142: 
132                 13-54-302. Reporting.
133                 { On July 15, 2020, and January 15 and July 15 of each year thereafter, each person who
134         is subject to the provisions of this chapter shall submit a report to the division that contains the
135         following information for the six months preceding the day on which the person submits the
136         report:
137                 (1) the number of transferrable tickets the person issued;
138                 (2) the number of restricted tickets the person issued;
139                 (3) the number of scheduled concert and theater events for which the person issued
140         tickets; and
141                 (4) the number of events for which the person issued restricted tickets under
142         Subsection 13-54-201(2)(b).   }
                (1)As used in this section, "reporting period" means:
        (a) for a report submitted under this section in compliance with a July 15 deadline, January 1 through June 30 of the calendar year in which the report is submitted; or
        (b) for a report submitted under this section in compliance with a January 15 deadline, July 1 through December 31 of the calendar year immediately preceding the calendar year in which the report is submitted.
        (2) On or before July 15, 2020, and July 15 of each year thereafter, a person who issued a restricted ticket for an event scheduled during the reporting period shall submit a report described in Subsection (4) to the division.
        (3) On or before January 15, 2021, and January 15 of each year thereafter, a person who issued a restricted ticket for an event scheduled during the reporting period shall submit a report described in Subsection (4) to the division.
        (4) A report submitted in accordance with this section shall contain the following information:
        (a) for each event scheduled during the reporting period and for which the person issued a restricted ticket:
        (i) the total number of tickets the person issued for the event;
        (ii) the number of restricted tickets the person issued for the event;
        (iii) the date of the event;
        (iv) the type of event; and
        (v) the name of the venue where the event was scheduled to occur;
        (b) (i) for a report submitted in compliance with a July 15 deadline, the number of concert or theater events by venue scheduled during the reporting period; or
        (ii) for a report submitted in compliance with a January 15 deadline, the number of concert or theater events by venue scheduled during the preceding calendar year; and
        (c) the number of concert or theater events by venue scheduled during the reporting period for which the person issued a restricted ticket under Subsection 13-54-201(2)(b); and
        (5) This section does not apply to an exempt entity.

Sen. Hemmert withdrew his motion to amend.
Mr. Chase Everton, StubHub, spoke in favor of the bill.
Mr. Mike Ostermiller, Ticketmaster, spoke to the bill.
MOTION: Sen. Hemmert moved to amend S.B. 69 with Amendment #1. The motion passed with a vote of 6-0-2.
Amendment 1
S.B. 69
1.        Page 3, Lines 77 through 78: 
77                 (2) "Event" means a single, specific occurrence of { a concert, game, performance, show,
78         or other occasion. } one of the following, that takes place at a venue:
        (a) a concert;
        (b) a game;
        (c) a performance;
        (d) a show; or
        (e) an occasion similar to the occasions described in Subsections (2)(a) through (d).  

2.        Page 4, Lines 91 through 92: 
91         person who issued the ticket or the person's agent or operator.
        (6) (a) "Venue" means real property located in the state where one or more persons host a concert, game, performance, show, or similar occasion.
        (b) "Venue" includes an arena, a stadium, a theater, a concert hall, an amphitheater, a fairground, a club, a convention center, a public assembly facility, or a mass gathering location.
92                 Section 4. Section 13-54-103 is enacted to read:

3.        Page 5, Lines 132 through 142: 
132                 13-54-302. Reporting.
133                 { On July 15, 2020, and January 15 and July 15 of each year thereafter, each person who
134         is subject to the provisions of this chapter shall submit a report to the division that contains the
135         following information for the six months preceding the day on which the person submits the
136         report:
137                 (1) the number of transferrable tickets the person issued;
138                 (2) the number of restricted tickets the person issued;
139                 (3) the number of scheduled concert and theater events for which the person issued
140         tickets; and
141                 (4) the number of events for which the person issued restricted tickets under
142         Subsection 13-54-201(2)(b).   }
                (1)As used in this section, "reporting period" means:
        (a) for a report submitted under this section in compliance with a July 15 deadline, January 1 through June 30 of the calendar year in which the report is submitted; or
        (b) for a report submitted under this section in compliance with a January 15 deadline, July 1 through December 31 of the calendar year immediately preceding the calendar year in which the report is submitted.
        (2) On or before July 15, 2020, and July 15 of each year thereafter, a person who issued a restricted ticket for an event scheduled during the reporting period shall submit a report described in Subsection (4) to the division.
        (3) On or before January 15, 2021, and January 15 of each year thereafter, a person who issued a restricted ticket for an event scheduled during the reporting period shall submit a report described in Subsection (4) to the division.
        (4) A report submitted in accordance with this section shall contain the following information:
        (a) for each event scheduled during the reporting period and for which the person issued a restricted ticket:
        (i) the total number of tickets the person issued for the event;
        (ii) the number of restricted tickets the person issued for the event;
        (iii) the date of the event;
        (iv) the type of event; and
        (v) the name of the venue where the event was scheduled to occur;
        (b) (i) for a report submitted in compliance with a July 15 deadline, the number of concert or theater events by venue scheduled during the reporting period; or
        (ii) for a report submitted in compliance with a January 15 deadline, the number of concert or theater events by venue scheduled during the preceding calendar year; and
        (c) the number of concert or theater events by venue scheduled during the reporting period for which the person issued a restricted ticket under Subsection 13-54-201(2)(b); and
        (5) This section does not apply to an exempt entity.

Yeas - 6Nays-0Abs-2
Sen. J. Anderegg
Sen. C. Bramble
Sen. K. Cullimore
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. G. Davis
Sen. D. McCay
MOTION: Sen. Hemmert moved to pass S.B. 69 out favorably. The motion passed with a vote of 6-0-2.
Yeas - 6Nays-0Abs-2
Sen. J. Anderegg
Sen. C. Bramble
Sen. K. Cullimore
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. G. Davis
Sen. D. McCay
4. S.B. 86 Savings Promotion Programs (Fillmore, L.)
Sen. Lincoln Fillmore presented the bill.
Mr. Shule Bishop, Government Relations, Utah Credit Union's Association, spoke in favor of the bill.
MOTION: Sen. Anderegg moved to pass S.B. 86 out favorably. The motion passed with a vote of 6-0-2.
Yeas - 6Nays-0Abs-2
Sen. J. Anderegg
Sen. C. Bramble
Sen. K. Cullimore
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. G. Davis
Sen. D. McCay
5. S.B. 76 Workers' Compensation Adjudication Amendments (Mayne, K.)
Sen. Karen Mayne presented the bill with the assistance of Mr. Jaceson Maughan, Commissioner, Utah Labor Commission.
Mr. Stony Olsen, Attorney, spoke to the bill.
Mr. Dave Davis, President, Utah Foods Industry Association/Utah Retail Merchants Association, spoke in favor of the bill.
Mr. Dennis Lloyd, Senior Vice President, WCF Insurance, spoke in favor of the bill.
MOTION: Sen. Ipson moved to pass S.B. 76 out favorably. The motion passed with a vote of 5-0-3.
Yeas - 5Nays-0Abs-3
Sen. C. Bramble
Sen. K. Cullimore
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. J. Anderegg
Sen. G. Davis
Sen. D. McCay
6. S.B. 87 Procurement of Design Professionals Amendments (Escamilla (Robles), L.)
S.B. 87 was not heard.
MOTION: Sen. Hemmert moved to adjourn. The motion passed with a vote of 6-0-2.
Yeas - 6Nays-0Abs-2
Sen. J. Anderegg
Sen. C. Bramble
Sen. K. Cullimore
Sen. D. Hemmert
Sen. D. Ipson
Sen. K. Mayne
Sen. G. Davis
Sen. D. McCay
Chair Bramble adjourned the meeting at 3:12 p.m.