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MINUTES OF THE HOUSE
BUSINESS AND LABOR
STANDING COMMITTEE
Room 405 State Capitol
January 23, 2004



Members Present:    Rep. Katherine M. Bryson, Chair
            Rep. Mike Morley, 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. R. Curt Webb
    
Staff Present:    Mark Steinagel, Policy Analyst
            Patricia Owens, Associate General Counsel
            Linda Error, Committee Secretary


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


Rep. Bryson called the meeting to order at 8:10 a.m.

MOTION:    Rep. Hansen moved to approve the minutes of the January 21, 2004 meeting. The         motion passed unanimously, with Rep. Buttars, Rep. S. Clark, and Rep. Webb         absent for the vote.
                            
H.B. 187    Viatical Settlement Act (Rep. J. Dunnigan)

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

1.    Page 2, Lines 37 through 43 :    

             37          (b) If an applicant complies with Subsection (2)(a), the commissioner shall investigate
             38      the applicant and issue a license if the commissioner finds that the applicant:


             39          (i) is competent
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  to engage in the business of providing viatical settlements by experience, training, or education; and

    (ii) is  

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trustworthy
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  , and intends to act in good faith as a provider of viatical

             40      settlements;
             41          (ii) has a good business reputation; and
             42          (iii) has had experience, training, or education so as to be qualified as a provider of
             43      viatical settlements.  

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  in that the applicant or any officer, partner, member, or key management employee of the applicant:

    (A) has not engaged in an act or practice specified in Subsections (3)(a) through (e); or
    (B) has not been subject to a regulatory action by another state or federal jurisdiction.  

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Rep. Dunnigan explained the bill, assisted by Mickey Braun, Assistant Commissioner, Utah State Insurance Department.

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

MOTION:    Rep. Ferry moved to pass the bill out favorably as amended. The motion          passed unanimously, with Rep. D. Clark absent for the vote.

1st. Sub. H.B. 195 Consumer Protection Amendments (Rep. S. Allen)

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

1.    Pages 6-7, Lines 178-182:    Delete lines 178-182 and insert:
        "(s) solicits or enters into a consumer transaction with a person who lacks the mental ability to comprehend the nature and consequences of:
        (i) the consumer transaction; or
        (ii) the person's ability to benefit from the consumer transaction.
"

The motion to amend passed unanimously, with Rep. D. Clark absent for the vote.

MOTION:    Rep. Hansen moved to pass the bill out favorably as amended. The              motion passed unanimously, with Rep. D. Clark absent for the vote.




H.B. 209    Licensing of Plumbing and Electrical Trades (Rep. S. Clark)

Rep. S. Clark explained the bill, assisted by Ray Walker, Compliance Officer, Division of Occupational and Professional Licensing.

MOTION:    Rep. Buttars moved to pass the bill out favorably. The motion passed          unanimously, with Rep. Biskupski absent for the vote.

H.B. 192    Repeal of Thrifts Settlement Financing Provisions (Rep. G. Curtis)

Rep. Curtis explained the bill.

Spoke for the bill:    Edward Leary, Commissioner, Department of Financial Institutions

MOTION:     Rep. Ferry moved to pass the bill out favorably. The motion passed              unanimously, with Rep. S. Clark absent for the vote.

MOTION:    Rep. Hansen moved that H.B. 192 be placed on the consent calendar. The         motion passed unanimously, with Rep. S. Clark absent for the vote.

MOTION:    Rep. Biskupski moved to adjourn the meeting. The motion passed unanimously,         with Rep. S. Clark absent for the vote.

Rep. Bryson adjourned the meeting at 8:40 a.m.











                    ____________________________
                     Rep. Katherine Bryson, Chair