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MINUTES OF THE HOUSE
BUSINESS AND LABOR
STANDING COMMITTEE
Room 405 State Capitol
February 16, 2004


Members Present:    Rep. Katherine M. Bryson, Chair
            Rep. Michael 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            
            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 4:25 p.m.

MOTION:    Rep. Dunnigan moved to approve the minutes of the February 13, 2004 meeting.
The motion passed unanimously, with Rep. Buttars and Rep. Ferry absent for the vote.

MOTION:    Rep. Dunnigan moved to proceed to H.B. 221, item #3 on the agenda The motion passed unanimously, with Rep. Buttars, Rep. Ferry, and Rep. Webb absent for the vote.

H.B. 221    Use of Credit Information for Insurance (Rep. P. Wallace)
    
MOTION:    Rep. Biskupski moved to table the bill. The motion passed with Rep. S. Clark, Rep. Duckworth, Rep. Hansen, and Rep. Bryson voting in opposition. Rep. Buttars, Rep. Ferry, and Rep. Webb were absent for the vote.

S.B. 123    Court Reporter Amendments (Sen. L. Hillyard)

Sen. Hillyard explained the bill, assisted by Laurie Shingle, Utah Court Recorder Association                                         (handout)

MOTION:    Rep. Hansen moved to pass the bill out favorably. The motion passed unanimously, with Rep. Dunnigan and Rep. Webb absent for the vote.

S.B. 113    Administrative Procedures Act Amendments (Sen. L. Hillyard)
                            
Rep. Hillyard explained the bill, assisted by Ray Walker, Regulation and Compliance Officer, Division of Occupational and Professional Licensing.

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

S.B. 149    Pete Suazo Utah Athletic Commission Act Amendments (Sen. E. Mayne)

Rep. Mayne explained the bill.

MOTION:    Rep. Duckworth moved to pass the bill out favorably. The motion passed unanimously, with Rep Dunnigan and Rep. Webb absent for the vote.

H.B. 292    Vehicle Franchise Amendments (Rep. B. Last)

MOTION:    Rep. S. Clark moved to amend the bill as follows:

1.    Page 1, Lines 16 through 18 :    

             16          .    
[[   provides   ]]        changes the date       that a franchisee must receive written notice      [[   within 12 months, instead of

             17      24 months,   ]] of a chargeback levied by a franchisor for sales compensation or a sales
             18      incentive for the chargeback to be compensable;

2.    Page 8, Lines 227 through 231 :    

             227          (b) Except as provided in Subsection (9)(c), all charge backs levied by a franchisor for
             228      sales compensation or sales incentives arising out of the sale or lease of a motor vehicle sold
  or leased       by

             229      a franchisee shall be compensable only if written notice of the charge back is received by the
             230      franchisee within [24] 12 months immediately following
  the date when the sales incentive program terminates, but no later than 24 months following       the date when payment for the sales

             231      compensation
  or sales incentive       was made by the franchisor        to the franchisee       .

The motion to amend passed unanimously, with Rep. Dunnigan and Rep. Webb absent for the vote.


Rep. Last explained the bill, assisted by Mark Buchi, attorney, motorcycle industry.

Spoke for the bill:    Craig Bickmore, Executive Director, Utah Auto Dealers Association
            Wayne Jones, Executive Director, Utah Power Sports Association

MOTION:    Rep. Kiser moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Biskupski, Rep. Dunnigan, and Rep. Webb absent for the vote.

H.B. 102    Residential Mortgage Practices Amendments (Rep. E. Hutchings)

This bill was not considered.

MOTION:    Rep. Bryson moved to adjourn the meeting. The motion passed unanimously, with Rep. Biskupski, Rep. Dunnigan, and Rep. Webb absent for the vote.

Rep. Morley adjourned the meeting at 4:58 p.m.












                    ____________________________
                     Rep. Katherine Bryson, Chair