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STANDING COMMITTEE
MONDAY, FEBRUARY 23, 2004, 4:00 P.M.
ROOM 403, STATE CAPITOL BUILDING
Sen. Curtis Bramble
Sen. Dan Eastman
Sen. Thomas V. Hatch Sen. Ed Mayne
Sen. Carlene M. Walker
Members Excused: Sen. Gene Davis
Sen. Michael Waddoups
Staff Present: Mark Steinagel, Policy Analyst
Karen Allred, Committee Secretary
Public Speakers Present: Lauren Scholnick, attorney
Doug Griffith, attorney
Phillip Walter, bonding agency
John Young, Utah Subcontractors Council
Jason Von Weller, Utah League of Cities and Towns
Representative Stephen Clark
Jack Bertleson, International Code Council
A list of visitors and a copy of handouts are filed with the committee minutes.
Committee Chair Hellewell called the meeting to order at 4:25 p.m.
MOTION: Sen. Eastman moved to approve the minutes of February 20, 2004.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
1. H.B. 59 Lien for Homeowner Association Charges (S. Mascaro)
Rep. Mascaro explained the bill.
MOTION: Sen. Walker moved to amend the bill as follows:
1. Page 1, Line 20 :
20
[[
None
]]
This bill provides a coordination clause.
2. Page 3, Line 74
House Floor Amendments
2-10-2004 :
74 (ii) a mailing address of the homeowner association.
Section 4. Coordinating S.B. 129 with H.B. 59.
If this H.B. 59 and S.B. 129, Community Associations, both pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel in preparing the Utah Code database for publication, shall coordinate the enactment of H.B. 59 with S.B. 129 so that:
(1) Sections 57-24-1, 57-24-2, and 57-24-3 from H.B. 59 will not be enacted; and
(2) Section 57-8a-203, enacted in S.B. 129, shall be modified so that:
(a) Subsection 57-8a-203(1)(b)(ii) shall be deleted and replaced with the following:
"(ii) encumbrances on the interest of the lot owner recorded prior to the date of the recording of notice of lien described in Subsection (1)(b)."; and
(b) Subsection 57-24-3(3), enacted in H.B. 59, shall be renumbered as Subsection 57-8a-203(5) in S.B. 129 and modified as follows:
"(5) A lien described in this section is valid only if:
(a) the association maintains current records for its officers, directors, and trustees with the Division of Corporations and Commercial Code; and
(b) the recording of notice of lien contains:
(i) a day time telephone number of the association; and
(ii) a mailing address of the association."
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
MOTION: Sen. Walker moved to pass the bill out favorably as amended.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
2. H.B. 213 Changes to Investment Advisory Committee (D. Clark)
Rep. Clark explained the bill.
MOTION: Senator Eastman moved to pass the bill out favorably.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
MOTION: Sen. Eastman moved that the bill be placed on the Consent Calendar.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
3. H.B. 238 Workers' Compensation Access to Medical Records (J. Alexander)
Rep. Alexander explained the bill.
MOTION: Sen. Mayne moved to pass the bill out favorably.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
4. S.B. 239 Unfair Competition Act (M. Dmitrich)
Sen. Dmitrich explained the bill.
MOTION: Sen. Eastman moved to adopt 2nd Sub. S.B. 239.
The motion passed unanimously with Sens. Bramble and Hatch absent fo the vote.
MOTION: Sen. Walker moved to amend the bill as follows:
1. Page 2, Line 31 :
31 (b) leads to a material diminution in value of
[[
intangible
]]
intellectual
property.
2. Page 2, Line 34 :
34 value of
[[
intangible
]]
intellectual
property that is less than or equal to $20,000;
or
3. Page 2, Line 36 :
36 value of
[[
intangible
]]
intellectual
property that is greater than $20,000.
The motion passed uanimously with Sens. Bramble and Hatch absent for the vote.
Lauren Scholnick, attorney, spoke in support of the bill.
MOTION: Sen. Mayne moved to pass the bill out favorably as substituted and amended.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
MOTION : Sen. Walker moved that the bill be considered read for the first time.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
5. H.B. 219 Construction Bond Amendments (M. Morley)
Rep. Morley explained the bill.
Doug Griffith, attorney, spoke in opposition to the bill.
MOTION: Sen. Walker moved to amend the bill as follows:
1. Page 2, Lines 37 through 37a
House Floor Amendments
2-10-2004 :
37 (iii) an improvement upon land H THAT IS NOT ASSOCIATED WITH A SINGLE FAMILY
37a DETACHED HOUSING
[[
OR A RESIDENTIAL SUBDIVISION
]]
h .
2. Page 2, Lines 47 through 50a
House Floor Amendments
2-10-2004 :
47 (d) (i) "Residential construction" means the construction, alteration, or repair of:
48 (A) single family detached housing; or
49 (B) multifamily attached housing up to and including a h
[[
[
]]
duplex
[[
]
]]
[[
FOURPLEX
]]
h .
50 (ii) "Residential construction" includes rental housing H
[[
AND RESIDENTIAL
50a SUBDIVISIONS ]] h .
The motion passed unanimously with Sens. Bramle and Hatch absent for the vote.
Phillip Walter, bonding agent, and John Young, Utah Subcontractors Council, spoke in support of the bill.
MOTION: Sen. Walker moved to pass the bill out favorably as amended..
The motion passed unanimously with Sens. Bamble and Hatch absent for the vote.
6. 1st Sub. H.B. 215 Building Standards Amendments (J.S. Adams)
Rep. Adams explained the bill.
Jason Von Weller, Utah League of Cities and Towns and Jack Bertleson, International Code Council, spoke in support of the bill.
Rep. Stephen Clark answered questions concerning the bill.
MOTION: Sen. Eastman moved to pass the bill out favorably.
The motion passed unanimously with Sens. Bramble and Hatch absent for the vote.
7. 1st Sub. H.B. 182 Construction Lien Amendments (S. Clark)
Rep. Clark explained the bill.
Doug Griffith, attorney, spoke in opposition to the bill.
MOTION: Sen. Bramble moved to pass the bill out favorably.
The motion passed unanimously.
MOTION: Sen. Bramble moved to adjourn.
The motion passed unanimously.
Chair Hellewell adjourned the meeting at 5:45 p.m.
Sen. Parley G. Hellewell, Chair