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BUSINESS AND LABOR
STANDING COMMITTEE
Room 405 State Capitol
February 13, 2004
Members Present: Rep. Katherine M. Bryson, Chair
Rep. Michael 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 Excused: 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. Bryson called the meeting to order at 7:38 a.m.
MOTION: Rep. Adams moved to approve the minutes of the February 10, 2004 meeting. The motion passed unanimously, with Rep. Buttars, Rep. S. Clark, Rep. Duckworth, Rep. Hansen, and Rep. Morley absent for the vote.
H.B. 251 Radio Frequency Identification - Right to Know Act (Rep. D. Hogue)
MOTION: Rep. Dunnigan moved to amend the bill as follows:
1. Page 3, Lines 63 through 64 :
63 (6) "Radio frequency identification tag" means a device that is able to transmit
and collect
64 information
on a microchip
through radio waves.
The motion to amend passed unanimously, with Rep. Buttars, Rep. S. Clark, and Rep. Hansen absent for the vote.
Rep. Hogue explained the bill.
Spoke to the bill: Jim Olson, Utah Retail Merchants Association
Spoke against the bill: Tom Bingham, President, Utah Manufactures Association
Russell Sias, citizen
Nicole Toomey Davis, President, Enclavix (Handout)
MOTION: Rep. Hansen moved to pass the bill out favorably as amended.
SUBSTITUTE
MOTION: Rep. Ferry moved to amend the bill as follows:
1. Page 1, Line 19 :
19
[[
None
]]
This bill takes effect on May 5, 2005.
2. Page 6, Line 156 :
156 (C) that is in print that contrasts with the background against which it appears.
Section 3. Effective date
This bill takes effect on May 5, 2005.
The motion to amend passed, with Rep. Adams, Rep. D. Clark, Rep. Dunnigan, and Rep. Kiser voting in opposition and Rep. Morley absent for the vote.
MOTION: Rep. Hansen moved to pass the bill out favorably. The motion passed, with Rep. Adams, Rep. Buttars, Rep. D. Clark, Rep. Dunnigan, and Rep Kiser voting in opposition and Rep. Morley absent for the vote.
S.B. 132 Utah Construction Trades Licensing Act - Electrical Licensing Amendments (Sen. S. Jenkins)
Rep. Jenkins explained the bill, assisted by Brad Stevens, Utah Electrical Coalition.
Spoke for the bill: Ross Ford, Home Builders Association
MOTION: Rep. D. Clark moved to pass the bill out favorably. The motion passed unanimously, with Rep. Morley absent for the vote.
H.B. 136 Electronic Filing of Preliminary Lien Documents (Rep. M. Morley)
MOTION: Rep. Morley moved to delete in title and body H.B. 136 and replace it with 1st Substitute H.B. 136. The motion passed unanimously.
Rep. Morley explained the bill.
Spoke for the bill: Darrell Bostwick, attorney
John Young, Utah Subcontractors Council
Taz Biesinger, Utah Home Builders Association
Spoke against the bill: Jason VonWeller, Utah League of Cities and Towns
Shane Inglesby, Geneva Rock Products
Claire Jaussi, attorney
Spoke to the bill: Klare Bachman, Utah Department of Commerce
MOTION: Rep. D. Clark moved to pass the bill out favorably. The motion passed, with Rep. Duckworth, Rep. Dunnigan, and Rep. Webb voting in opposition.
H.B. 160 Mortgage Act Amendments (Rep. W. Harper)
Rep. Hansen moved to amend the bill as follows:
1. Page 2, Line 32 :
32
[[
61-2d-108, Utah Code Annotated 1953
]]
2. Page 5, Lines 120 through 122 :
120
[[
A high-cost mortgage may not include terms under which the outstanding
principal
121 balance will increase at any time over the course of the loan because the regular periodic
122 payments do not cover the full amount of the interest due. ]]
A high cost
mortgage shall provide for regular, periodic payments sufficient to pay:
(a) all accrued interest and a portion of principal on the scheduled due date for each payment; and
(b) the full amount owed during the term of the loan, if no late fees or other contingent charges are incurred.
3. Page 6, Line 159 :
159 (1) the offer or sale of any insurance policy, on a single premium
or single fee
basis, that insures,
4. Page 6, Lines 167 through 179 :
[[
167
Section 8.
Section
61-2d-108
is enacted to read:168 61-2d-108. Limitations on refinancing.
169 (1) A lender may not refinance a high-cost mortgage made by that lender or an affiliate
170 of that lender with another high-cost mortgage during the one-year period beginning on the
171 date of the consummation of the prior high-cost mortgage.
172 (2) A mortgage broker may not arrange for the refinancing of a high-cost mortgage
173 made through the same broker or an affiliate of that broker with another high-cost mortgage
174 during the one-year period beginning on the date of consummation of the prior high-cost
175 mortgage.
176 (3) This section does not apply if the scheduled finance charge for the balance of the
177 prior existing high-cost mortgage exceeds the scheduled finance charge for the subsequent
178 high-cost mortgage by an amount greater than the amount of the fees and charges imposed by
179 the lender for the subsequent mortgage. ]]
5. Page 7, Lines 190 through 192 :
190 (1) A lender may not recommend or encourage default or nonpayment
leading to
foreclosure
on an existing
191 loan or other debt prior to and in connection with the closing or planned closing of a high-cost
192 mortgage that refinances all or any portion of such existing loan or debt.
The motion to amend passed unanimously.
MOTION: Rep. Hansen moved to pass the bill out favorably as amended.
SUBSTITUTE
MOTION: Rep. D. Clark moved to amend the bill as follows:
1. Page 8, Lines 216 through 217 :
216 Failure to
[[
provide the notices or information described in Subsection
61-2d-105
(1) and
217 Sections 61-2d-111 and 61-2d-112 ]]
comply with any provision under this
chapter
does not affect the enforceability of the loan or any of its
The substitute motion to amend passed unanimously.
MOTION: Rep. Adams moved to pass the bill out favorably as amended. The motion passed unanimously.
H.B. 221 Use of Credit Information for Insurance (Rep. P. Wallace)
Rep. Wallace explained the bill.
Spoke against the bill: Chris Purcell, State Farm Insurance
Brian Braddock, Farmers Insurance
Brian Tibbitts, Utah Insurance Department
MOTION: Rep. Buttars moved to adjourn the meeting. The motion passed unanimously.
Rep. Bryson adjourned the meeting at 10:00 a.m.
` ____________________________
Rep. Katherine Bryson, Chair