| Members Present: Sen. Curtis S. Bramble, Chair Rep. James A. Dunnigan, Chair Sen. Kirk A. Cullimore Sen. Gene Davis Sen. Daniel Hemmert Sen. Karen Mayne Sen. Daniel McCay Rep. Susan Duckworth Rep. Craig Hall Rep. Timothy D. Hawkes Rep. A. Cory Maloy Rep. Michael K. McKell Rep. Calvin R. Musselman | Rep. Derrin R. Owens Rep. Tim Quinn Rep. Mike Schultz Rep. Mark A. Wheatley Rep. Mike Winder Members Absent: Rep. Francis D. Gibson Rep. Casey Snider Staff Present: Adam J. Sweet, Policy Analyst Patrick Grecu, Associate General Counsel Amy L. West, Associate General Counsel Leila Reynolds, Administrative Assistant |
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Note: A copy of related materials and an audio recording of the
meeting can be found at www.le.utah.gov.
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| Chair Dunnigan called the meeting to order at 1:06 p.m. |
| 1. Committee Business |
| MOTION: Sen. Cullimore moved to approve the minutes of the September 15, 2020, meeting. The motion passed with a vote of 10-0-10. | |||
| Yeas - 10 | Nays-0 | Abs-10 | |
| Sen. K. Cullimore Sen. G. Davis Rep. J. Dunnigan Rep. C. Hall Rep. T. Hawkes Rep. A. Maloy Rep. M. McKell Rep. C. Musselman Rep. D. Owens Rep. T. Quinn | Sen. C. Bramble Rep. S. Duckworth Rep. F. Gibson Sen. D. Hemmert Sen. K. Mayne Sen. D. McCay Rep. M. Schultz Rep. C. Snider Rep. M. Wheatley Rep. M. Winder |
| 2. Draft Legislation "Uniform Building Code Commission Amendments" |
| 2A - Uniform Building Code Commission Amendments (2021 General Session Draft Legislation) |
| Christopher D. Jensen, Chair, Uniform Building Code Commission, gave an overview of the amendments in the draft legislation. |
| Chris Jensen, Mechanical Advisory Committee, Uniform Building Code Commission, spoke favorably of the draft legislation amendments. |
| The committee asked questions of the presenters. |
| Chair Dunnigan opened the meeting to public comment. |
| Ken Adams, representing Independent Electrical Contractors, commented in support of the process. |
| Ross Ford, representing the Utah Homebuilder's Association, spoke on concerns they had regarding certain code changes and how they would like to meet with stakeholders to discuss the issue. |
| Mike Stone, representing the National Electrical Manufacturer's Association, made clarifying comments on issues that had been raised. |
| The committee asked further questions of the presenters and commenters. |
| MOTION: Sen. Davis moved to favorably recommend draft legislation, Unified Building Code Commission Amendments, followed by committee discussion. The motion passed with a vote of 17-0-3. | |||
| Yeas - 17 | Nays-0 | Abs-3 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Rep. T. Hawkes Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Sen. D. McCay Rep. C. Musselman Rep. D. Owens Rep. T. Quinn Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. F. Gibson Rep. M. McKell Rep. C. Snider |
| 3. Draft Legislation "Device Filter Amendments" |
| 3A - Device Filter Amendments (2021 General Session Draft Legislation) |
| Rep. Susan Pulsipher gave a presentation on the draft legislation. |
| The committee asked questions of Rep. Pulsipher. |
| Chris McKenna, Founder and Chief Executive Officer, Protect Young Eyes, answered a question from the committee. |
| The committee asked further questions of Rep. Pulsipher and Chris McKenna. |
| Benjamin Bull, Senior Vice President and General Counsel, National Center on Sexual Exploitation, answered committee questions. |
| Chair Dunnigan opened the meeting to public comment. |
| David Smith, member of the public, commented on the draft legislation. |
| James Czerniawski, Policy Analyst, Libertas Institute, expressed concerns with the draft legislation and urged the committee to not move forward with the draft legislation. |
| Dave Davis, President and Chief Legal Officer, Utah Retail Merchants Association, expressed concern with the draft legislation and urged the committee not to move forward with it. |
| Rep Pulsifer requested that Mervyn Arnold be allowed to make comment before making concluding comments. |
| Mervyn Arnold commented that the purpose of the bill is to have the manufacturers turn on the filters that are already on the phone. |
| Rep. Pulsipher made final comments. |
| MOTION: Sen. Hemmert moved to move to the next item on the agenda, followed by committee discussion. The motion passed with a vote of 16-0-4. | |||
| Yeas - 16 | Nays-0 | Abs-4 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Sen. D. McCay Rep. C. Musselman Rep. D. Owens Rep. T. Quinn Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. F. Gibson Rep. T. Hawkes Rep. M. McKell Rep. C. Snider |
| Mervyn Arnold tried to make a final comment. |
| Rep. Duckworth raised a point of order: public comment is over and the committee is discussing a motion. |
| 4. Sunset Review: Board of Financial Institutions |
| 4A - Sunset Review Guide (Source: Office of Legislative Research and General Counsel) |
| Adam Sweet, Policy Analyst, Office of Legislative Research and General Counsel, gave an overview of the purpose of the sunset review. |
| Paul Allred, Deputy Commissioner, Department of Financial Institutions, gave an overview of the purpose of the board and recommends keeping the board. |
| 4B - Renewal of Board of Financial Institutions Letter (Source: National Association of Industrial Bankers and Utah Association of Financial Services) |
| Brad Baldwin, President, First Utah Bank, and member of the Board of Financial Institutions, spoke on the importance of keeping the Board of Financial Institutions. |
| Chair Dunnigan opened the meeting to public comment. |
| Frank Pignanelli, Executive Director, Utah Association of Financial Services and National Association of Industrial Bankers, encouraged the committee to extend the sunset by 10 years. |
| MOTION: Sen. Bramble moved to extend the sunset by 10 years, followed by committee discussion. The motion passed with a vote of 15-0-5. | |||
| Yeas - 15 | Nays-0 | Abs-5 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Rep. C. Musselman Rep. D. Owens Rep. T. Quinn Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. F. Gibson Rep. T. Hawkes Sen. D. McCay Rep. M. McKell Rep. C. Snider |
| MOTION: Sen. Bramble moved to open a committee bill file to draft the reauthorization of the sunset review in 10 years. The motion passed with a vote of 15-0-5. | |||
| Yeas - 15 | Nays-0 | Abs-5 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Rep. C. Musselman Rep. D. Owens Rep. T. Quinn Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. F. Gibson Rep. T. Hawkes Sen. D. McCay Rep. M. McKell Rep. C. Snider |
| 5. Sunset Review: Residential Mortgage Regulatory Commission |
| Johnathan Stewart, Director, Division of Real Estate, gave an overview of the commission and supports the reauthorization of the commission for another 10 years. |
| Scott Gibson, Vice Chair, Residential Mortgage Regulatory Commission, stated the importance of the commission and encouraged the reauthorization of the committee for another 10 years. |
| MOTION: Sen. Bramble moved to extend the sunset date by 10 years. The motion passed with a vote of 14-0-6. | |||
| Yeas - 14 | Nays-0 | Abs-6 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Rep. C. Musselman Rep. D. Owens Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. F. Gibson Rep. T. Hawkes Sen. D. McCay Rep. M. McKell Rep. T. Quinn Rep. C. Snider |
| MOTION: Sen. Bramble moved to open a committee bill file to reauthorize the commission for 10 years. The motion passed with a vote of 14-0-6. | |||
| Yeas - 14 | Nays-0 | Abs-6 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Rep. C. Musselman Rep. D. Owens Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. F. Gibson Rep. T. Hawkes Sen. D. McCay Rep. M. McKell Rep. T. Quinn Rep. C. Snider |
| 6. Sunset Review: State Certification of Commercial Interior Designers Act |
| Mark Steinagel, Director, Division of Occupational and Professional Licensing, gave an overview of the certification. |
| Chair Dunnigan opened the meeting to public comment. |
| Amy Coombs, Lobbyist, American Society of Interior Designers, and International Interior Design Association, supports the reauthorization of the certification. |
| Heather Wilson, Executive Director, American Institute of Architects, supports the reauthorization of the certificate. |
| Tom Banks, Chief Executive Officer, Council for Interior Design Qualification, supports the continuation of the certificate. |
| Kaye Christiansen Englert, State Certified Commercial Interior Designer, Government Affairs Chair, American Society of Interior Designers, Utah Chapter, supports the continuation of the certification. |
| Sen. Luz Escamilla offered to answer any committee questions as they are the co-sponsor of the bill. |
| Julie Barfuss, Certified Commercial Interior Designer, interior designer for the Department of Veterans Affairs Healthcare System, supports the reauthorization of the certificate. |
| Karlie Primich, speaking on behalf of the International Interior Design Association - Utah Chapter, spoke in support of the reauthorizing the certificate without a sunset date. |
| Evan Cindrich, certified interior designer, spoke in support of keeping the certificate. |
| Whitney Reynolds, Commercial Interior Designer at EDA, supports keeping the certificate. |
| MOTION: Rep. Schultz moved to allow the chairs to open a bill file that removes the sunset date completely. The motion passed with a vote of 15-0-5. | |||
| Yeas - 15 | Nays-0 | Abs-5 | |
| Sen. C. Bramble Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Rep. T. Hawkes Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Rep. M. McKell Rep. D. Owens Rep. T. Quinn Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Sen. K. Cullimore Rep. F. Gibson Sen. D. McCay Rep. C. Musselman Rep. C. Snider |
| 7. Licensing Reforms |
| 7A - Current Status of Selected DOPL Reforms (Source: Division of Occupational and Professional Licensing) |
| Mark Steinagle, Director, Division of Occupational and Professional Licensing, gave an overview of the reforms. |
| Sen. Bramble assumed the chair. |
| Deborah Blackburn, Regulatory and Compliance Officer, Division of Occupational and Professional Licensing, presented on the reforms. |
| Rep. Dunnigan resumed the chair. |
| Carolyn Dennis, Management Analyst, Division of Occupational and Professional Licensing, continued the presentation. |
| Mark Steinagle made final comments. |
| The committee asked questions of the presenters. |
| 8. Captive Insurance Companies |
| Tani Downing, Executive Director, Department of Administrative Services, turned the time over to Brian Nelson. |
| Brian Nelson, Director, Division of Risk Management, presented on the matter. |
| Travis Wegkamp, Director, Captive Insurance Division, spoke in support of the state creating captive insurance companies. |
| MOTION: Sen. Mayne moved to open committee bill file for captive insurance companies. The motion passed with a vote of 15-0-5. | |||
| Yeas - 15 | Nays-0 | Abs-5 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. C. Hall Rep. T. Hawkes Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Rep. M. McKell Rep. C. Musselman Rep. D. Owens Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. J. Dunnigan Rep. F. Gibson Sen. D. McCay Rep. T. Quinn Rep. C. Snider |
| 9. Payroll Advance Companies |
| Derek Brown, works with Earnin, gave an overview of the issue. |
| MOTION: Sen. Bramble moved to open a committee bill file to look at legislation to regulate currently unregulated payroll advance companies. The motion passed with a vote of 15-0-5. | |||
| Yeas - 15 | Nays-0 | Abs-5 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. S. Duckworth Rep. C. Hall Rep. T. Hawkes Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Rep. M. McKell Rep. C. Musselman Rep. D. Owens Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. J. Dunnigan Rep. F. Gibson Sen. D. McCay Rep. T. Quinn Rep. C. Snider |
| Ram Palaniappan, Chief Executive Officer and Founder, Earnin, spoke on the issue. |
| Sen. Bramble made a point of order. |
| Sen. Hemmert commented on the issue. |
| Ram Palaniappan continued speaking on the matter. |
| Derek Brown made closing comments. |
| Sen. Bramble made final comments. |
| 10. Consumer Privacy |
| Sen. Cullimore gave an overview of the issue. |
| Jordan Cameron, Attorney, Durham Jones & Pinegar, P.C., presented on the matter. |
| Sen. Cullimore made comments on the issue. |
| The committee asked questions of the presenters. |
| Brian Christensen, Assistant Attorney General, Office of the Attorney General, commented on the matter. |
| Chair Dunnigan opened the meeting to public comment. |
| Andrew Kingman, General Counsel, State Privacy and Security Coalition, commented on the issues facing private right of action and expressed interest in working with Sen. Cullimore on the matter. |
| Robert Callahan, Internet Association, expressed concerns on the matter and expressed willingness to work with Sen. Cullimore on the issue. |
| MOTION: Sen. Bramble moved to move to the next item on the agenda, followed by committee discussion. The motion passed with a vote of 15-0-5. | |||
| Yeas - 15 | Nays-0 | Abs-5 | |
| Sen. C. Bramble Sen. K. Cullimore Sen. G. Davis Rep. J. Dunnigan Rep. C. Hall Rep. T. Hawkes Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Sen. D. McCay Rep. M. McKell Rep. D. Owens Rep. M. Schultz Rep. M. Wheatley Rep. M. Winder | Rep. S. Duckworth Rep. F. Gibson Rep. C. Musselman Rep. T. Quinn Rep. C. Snider |
| 11. Unreinforced Masonry Disclosure |
| 9A - Unreinforced Masonry Presentation (Source: Professor Lisa Grow Sun, Brigham Young University) |
| Rep. Stoddard introduced the matter. |
| Professor Lisa Grow Sun, J. Rueben Law School, Brigham Young University, presented on the dangers of buildings with unreinforced masonry and answered questions from the committee. |
| Jessica Chapell, Vice Chair, Utah Seismic Safety Commission, spoke on the matter and read a statement from Jared Johnson, Reaveley Engineering. |
| Joshua Blazard, Uniform Building Code Commission, made brief comment on the matter. |
| Rep. Stoddard made closing comments. |
| MOTION: Sen. Davis moved to open a committee bill file to address unreinforced masonry disclosure in real estate transactions. |
| SUBSTITUTE MOTION: Rep. Schultz made a substitute motion to move to the next item on the agenda. The substitute motion passed with a vote of 11-1-8. | |||
| Yeas - 11 | Nays-1 | Abs-8 | |
| Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Rep. T. Hawkes Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Sen. D. McCay Rep. M. McKell Rep. M. Schultz | Rep. M. Wheatley | Sen. C. Bramble Sen. K. Cullimore Rep. F. Gibson Rep. C. Musselman Rep. D. Owens Rep. T. Quinn Rep. C. Snider Rep. M. Winder |
| 12. Point of the Mountain Redevelopment |
| 8A - Making the Point, Utah's Generational Opportunity (Source: Point of the Mountain State Land Authority) |
| Alan Matheson, Executive Director, Point of the Mountain State Land Authority, gave an overview of where the Point of the Mountain development is currently at. |
| Chair Dunnigan made final comments. |
| 13. Other Items/Adjourn |
| MOTION: Rep. Schultz moved to adjourn. The motion passed with a vote of 12-0-8. | |||
| Yeas - 12 | Nays-0 | Abs-8 | |
| Sen. G. Davis Rep. S. Duckworth Rep. J. Dunnigan Rep. C. Hall Rep. T. Hawkes Sen. D. Hemmert Rep. A. Maloy Sen. K. Mayne Sen. D. McCay Rep. M. McKell Rep. M. Schultz Rep. M. Wheatley | Sen. C. Bramble Sen. K. Cullimore Rep. F. Gibson Rep. C. Musselman Rep. D. Owens Rep. T. Quinn Rep. C. Snider Rep. M. Winder |
| The committee adjourned at 4:55 p.m. |