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BUSINESS AND LABOR
STANDING COMMITTEE
Room 405 State Capitol
February 24, 2003
Members Present: Rep. Katherine M. Bryson, Chair
Rep. Brent D. Parker, Vice Chair
Rep. J. Stuart Adams
Rep. Jackie Biskupski
Rep. Craig W. Buttars
Rep. David Clark
Rep. Stephen D. Clark
Rep. Carl W. Duckworth
Rep. Jim Dunnigan
Rep. Ben C. Ferry
Rep. Neil A Hansen
Rep. Todd E. Kiser
Rep. Mike Morley
Staff Present: Ms. Mary Catherine Perry, Policy Analyst
Ms. Linda Error, Committee Secretary
Visitors: List of visitors filed with committee minutes
Chair Bryson called the meeting to order at 5:10 p.m.
MOTION: Rep. Biskupski moved to approve the minutes of the February 21, 2003 meeting.
SUBSTITUTE
MOTION: Rep. Adams moved to place H.B. 271 first on the agenda in the next meeting to be held February 26, 2003. The motion passed unanimously.
MOTION: Rep. Biskupski moved to approve the minutes of the February 21, 2003 meeting. The motion passed unanimously.
2nd Sub. H.B. 249 Licensing Mortgage Loan Officers (B. Parker)
MOTION: Rep. Parker moved to delete in title and body 1st Sub. H.B. 249 and replace it with 2nd Sub. H.B. 249. The motion passed unanimously, with Rep. Biskupski, Rep. Buttars, Rep. D. Clark, Rep. Dunnigan, and Rep Ferry absent for the vote.
Rep. Parker explained the bill.
Spoke against the bill: Kay Ashton, Utah Mortgage Lenders Association
Spoke for the bill: Paul Ray, mortgage lender
MOTION: Rep. Duckworth moved to pass the bill out favorably. The motion passed unanimously.
Chair Bryson relinquished the chair to Vice Chair Parker
H.B. 147 Utah Construction Contracts Prompt Payment Act (D. Hogue)
Rep. Hogue explained the bill.
Spoke to the bill: John Young, attorney, Utah Subcontractors Council
Spoke against the bill: Jeff Price, construction attorney
Tom Bingham, Utah Manufacturers Association
Taz Biesienger, Utah Home Builder's Association
Todd Bingham, Associated Building Contractors
Joey Gilbert, Associated General Contractors
Spoke for the bill: Joel Votaw, owner, Valley View Building Maintenance
Jamie Votaw, owner, Valley View Building Maintenance
Nathan Page, Aristocrat Woods
MOTION: Rep. S. Clark moved to send the bill to interim for further study.
SUBSTITUTE
MOTION: Rep. Morley moved to table the bill. The motion failed with Rep. Adams and Rep. Morley voting in favor, and Rep. Bryson absent for the vote.
SUBSTITUTE
MOTION: Rep. Adams moved to move on to the next item on the agenda. The motion failed with Rep. Adams, Rep. Buttars, Rep. D. Clark, and Rep. Morley voting in favor, and Rep. Bryson absent for the vote
The original motion to send the bill to interim for further study passed, with Rep. Adams, Rep. Buttars, and Rep. Morley voting in opposition, and Rep. Bryson absent for the vote.
H.B. 216 Use of Credit Related Instruments (D. Hogue)
Rep. Hogue explained the bill.
MOTION: Rep. Buttars moved to delete in title and body H.B. 216 and replace it with 1st Sub. H.B. 216. The motion passed unanimously, with Rep. Bryson and Rep. Hansen absent fo the vote.
Spoke for the bill: LeRoy Vareau, citizen
Karen Silver, Salt Lake Community Action Program
Spoke against the bill: Brian Allen, independent insurance agent
Chris Purcell, State Farm Insurance
Brian Braddock, Farmers Insurance
MOTION: Rep. Kiser moved to move on to the next item on the agenda. The motion passed unanimously, with Rep. Bryson, and Rep. Hansen absent for the vote.
H.B. 374 Insurance Producers Amendments (J. Dunnigan)
Rep. Dunnigan moved to amend the bill as follows:
1. Page 82, Line 2512: After "Part" delete "6" and insert "7"
2. Page 83, Line 2568: After "Subsection" delete "(19)" and insert "(6)"
3. Page 89, Line 2734: Delete "Subsection 63-2-302(1)(a)(vii)" and insert "Title 63, Chapter 2, Government Records Access and Management Act"
4. Page 104, Line 3213: Delete "31A-23a-301" and insert "31A-23a-302"
5. Page 127, Line 3912: After "(4)" delete "(a)"
6. Page 127, Line 3917: Delete "(i)" and insert "(a)"
7. Page 127, Line 3918: Delete "(A)" and insert "(i)"
8. Page 127, Line 3919: Delete "(B)" and insert "(ii)"
9. Page 127, Line 3920: Delete "(ii)" and insert "(b)"
10. Page 127, Lines 3921-3922: Delete lines 3921-3922
The motion to amend passed unanimously, with Rep. Bryson, and Rep. Hansen absent for the vote.
Rep. Dunnigan explained the bill with the assistance of Mickey Braun, Assistant Insurance Commissioner
Spoke for the bill: Kelly Atkinson, Executive Director, Utah Health Insurance Association
Candice Daily, Utah Health Underwriters Association
MOTION: Rep. Kiser moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Biskupski, Rep. Bryson, and Rep. Hansen absent for the vote.
MOTION: Rep. Adams moved that H.B. 374 be placed on the consent calendar. The motion failed with Rep. Adams voting in favor, and Rep. Bryson, and Rep. Hansen absent for the vote.
H.B. 372 Captive Insurers Act (J. Dunnigan)
Rep. Dunnigan explained the bill.
MOTION: Rep. Ferry moved to pass the bill out favorably. The motion passed unanimously, with Rep. Bryson, and Rep. Hansen absent for the vote.
1st Sub. H.B. 306 Construction Lien Amendments (S. Clark)
MOTION: Rep. S. Clark moved to delete in title and body H.B. 306 and replace it with 1st Sub. 306. The motion passed unanimously, with Rep. Bryson, Rep. D. Clark, and Rep. Hansen absent for the vote.
Rep. S. Clark explained the bill with the assistance of Crawford Cragun, President and Ceo, Franklin Templeton Bank and Trust.
Spoke for the bill: Doug Fox, attorney
Spoke against the bill: Tom Christensen, attorney
MOTION: Rep. Ferry moved to pass the bill out favorably. The motion passed unanimously,
with Rep. Bryson, Rep. Dunnigan, and Rep. Hansen absent for the vote.
1st Sub. H.B. 299 Trust Law Amendments (D. Clark)
MOTION: Rep. D. Clark moved to delete in title and body H.B. 299 and replace it with 1st
Sub. H.B. 299. The motion passed unanimously, with Rep. Bryson, Rep. S. Clark,
Rep. Dunnigan, and Rep. Hansen absent for the vote.
MOTION: Rep. D. Clark moved to amend the bill as follows:
Page 5, Line 138 Delete”Subsection(2)(b)” and insert “Subsection (2)(c)”
The motion to amend passed unanimously, with Rep. Bryson, Rep. S. Clark, Rep.
Dunnigan, and Rep. Hansen absent for the vote.
Rep. D. Clark explained the bill
MOTION: Rep. Dunnigan moved to pass the bill out favorably as amended. The motion
passed unanimously, with Rep. Bryson, and Rep. Hansen absent for the vote.
H.B. 336 Commercial Lessees' Deposits (C. Moss)
Rep. Moss explained the bill.
MOTION: Rep. Buttars moved to move on the to next item on the agenda. The motion
passed with, Rep. Biskupski, and Rep. Duckworth voting in opposition, and Rep.
Bryson, and Rep. Hansen absent for the vote.
H.B. 362 Amendments to Construction Contracts Regarding Unreasonable Delays (E.
Hutchings)
Rep. Hutchings explained the bill with the assistance of John Young, Utah Subcontractors
Council.
Rep. Bryson Resumed the chair.
Spoke to the bill: Carlos Braceras, Utah Department of Transportation
Spoke for the bill: Robert Burkman, Chairman, Utah Subcontractors Council
Spoke against the bill: Todd Bingham, Associated Building Contractors
Taz Biesienger, Utah Home Builders Association
Tom Bingham, Utah Manufacturers Association
MOTION: Rep. Biskupski moved to pass the bill out favorably.
SUBSTITUTE
MOTION: Rep. Morley moved to adjourn the meeting. The motion failed with Rep. Adams, Rep. Buttars, Rep. D. Clark, and Rep. Morley voting in favor, and Rep. Hansen, and Rep. Parker absent for the vote.
The original motion to pass the bill out favorably passed, with Rep. Adams, Rep. Buttars, Rep. D. Clark, Rep. Kiser, and Rep. Morley voting in opposition, and Rep. Hansen and Rep. Parker absent for the vote.
H.B. 312 Email Marketing (K. Bryson)
The bill was not considered at this meeting.
MOTION: Rep. Morley moved to adjourn the meeting. The motion passed unanimously, with Rep. Hansen, and Rep. Parker absent for the vote.
Chair Bryson Adjourned the meeting at 8:00 p.m.
________________________
Rep. Katherine Bryson, Chair