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MINUTES OF THE HOUSE
BUSINESS AND LABOR
STANDING COMMITTEE
Room 405 State Capitol
January 21, 2004

Members Present:    Rep. Katherine M. Bryson, Chair
            Rep. Mike Morley, Vice Chair            
            Rep. J. Stuart Adams
            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. R. Curt Webb

Members absent:    Rep. Jackie Biskupski
    
Staff Present:    Mark Steinagel, Policy Analyst
            Linda Error, Committee Secretary

note::        List of visitors and a copy of handouts are filed with committee minutes .

Rep. Morley called the meeting to order at 8:12 a.m.

MOTION:    Rep Hansen moved to approve the minutes of the January 20, 2004 meeting. The motion passed unanimously with Rep. Buttars and Rep. Ferry absent for the vote.

H.B. 62    Lien Recovery Fund Amendments (Rep. R. C. Webb)

MOTION:    Rep. Webb moved to amend the bill as follows:

1.    Page 2, Lines 45 through 46 :    

             45           38-1-11. Enforcement -- Time for -- Lis pendens -- Action for debt not affected --
             46      Instructions and form affidavit
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  and motion  
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 .


2.    Page 3, Line 87 through Page 4, Line 91 :    

             87          (d) Judicial determination of the rights and liabilities of the owner of the residence
             88      under Title 38, Chapters 1 and 11, and Title 14, Chapter 2, shall be stayed until after the owner
             89      has been given a reasonable period of time to establish compliance with Subsections
             90      38-11-204 (4)(a) and (4)(b)
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  through an informal proceeding, as set forth in Title 63, Chapter 46b,

Administrative Procedures Act,  

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 at the Division of Occupational and Professional Licensing and

             91      obtain a certificate of compliance
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  or a denial of certificate of compliance  
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 , as defined in Section 38-11-102 .


3.    Page 7, Lines 189 through 195 :    

             189          (3) The duties and responsibilities of the board shall be to:
             190          (a) advise the division with respect to informal adjudication of [claims] any claim for
             191      payment from the fund [by] and any request for a certificate of compliance received by the
             192      division;
             193          (b) act as the presiding officer, as defined by rule, in formal adjudicative proceedings
             194      held before the division with respect to [claims] any claim made for payment from the fund
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  and

             195      any request for a certificate of compliance received by the division  
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 ;

4.    Page 7, Line 213 through Page 8, Line 216 :    

             213           38-11-106. State not liable.
             214          The state and the state's agencies, instrumentalities, and political subdivisions are not
             215      liable for:
             216          (1) issuance or
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  failure to issue  
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  denial of  
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 any certificate of compliance;


5.    Page 9, Lines 253 through 255 :    

             253          38-11-110. Issuance of certificates of compliance.
             254          The director shall have authority to issue
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  or deny  
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 a certificate of compliance only after determining
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  through an informal proceeding , as set forth in Title 63, Chapter 46b, Administrative Procedures Act,  
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             255      that the owner is in compliance with Subsections 38-11-204 (4)(a) and (4)(b).

The motion to amend passed unanimously with Rep. Buttars absent for the vote.

Rep. Webb explained the bill, assisted by Tony Patterson, Assistant Attorney General, Lien Recovery Fund, and Clare Jaussi, attorney.

Spoke against the bill:    Doug Griffith, attorney, representing general contractors
                Darrell Bostwick, attorney, representing construction industry

MOTION:    Rep. Ferry moved to amend the bill. His proposed amendment was more than         fifteen words. He withdrew the motion.
                            
MOTION:    Rep. D. Clark moved to proceed to the next item on the agenda. The motion         passed unanimously.


H.B. 182    Construction Lien Amendments (Rep. S. Clark)

Rep. S. Clark explained the bill.

Spoke against the bill:    Claire Jaussi, attorney
                Taz Biesinger, Home Builder's Association
                Doug Griffith, attorney

MOTION:    Rep. S. Clark moved to pass the bill out favorably. The motion failed with Rep. Bryson, Rep. D. Clark, Rep. S. Clark, Rep. Ferry, and Rep. Morley voting in favor.

MOTION:    Rep. Ferry moved to reconsider H.B. 62. The motion passed unanimously.

MOTION:    Rep. Adams moved to amend the previously adopted amendment as follows:

1.     Page 4, line 90        After"Act," insert "commenced within 30 days of the owner                     being served summons in the foreclosure action"

The motion passed unanimously.

MOTION:    Rep. Adams moved to pass the bill out favorably. The motion passed              unanimously.

 H.B. 59    Lien for Homeowner Association Charges (Rep. S. Mascaro)

This bill was not considered in this meeting.

H.B. 202    Mail Order Tobacco Sales Amendments (Rep. E. Hutchings)

This bill was not considered in this meeting.

MOTION:    Rep. Buttars moved to adjourn the meeting. The motion passed unanimously.         
Rep. Morley adjourned the meeting at 9:45 a.m.






                    ____________________________
                     Rep. Katherine Bryson, Chair