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MINUTES OF THE HOUSE BUSINESS AND LABOR
STANDING COMMITTEE
Room W010, West Office Building, State Capitol Complex
January 24, 2006

Members Present:    Rep. Stephen D. Clark, Chair
            Rep. Jim Dunnigan, Vice Chair            
            Rep. J. Stuart Adams
            Rep. Jackie Biskupski
            Rep. David Clark            
            Rep. Carl W. Duckworth
            Rep. Craig A. Frank
            Rep. Neil A Hansen
            Rep. Todd E. Kiser
            Rep. Michael T. Morley
            Rep. Curtis Oda
            Rep. Gordon E. Snow
            Rep. Scott L. Wyatt         
    
Staff Present:    Allison Morgan, Policy Analyst            
            Linda Error, Committee Secretary

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

Vice Chair Dunnigan called the meeting to order at 3:35 p.m.

Rep. Hansen moved to pass the corrected minutes of the January 19, 2006 meeting and the minutes of the January 23, 2006 meeting. The motion passed unanimously, with Rep. D. Clark, Rep. Frank, Rep. Morley, Rep. Oda, and Rep. Wyatt absent for the vote.

H.B. 272    Insurance Law Amendments (Rep. T. Kiser)

Rep. Kiser introduced the bill to the committee, with the assistance of John E. "Mickey" Braun, Assistant Commissioner, Utah Insurance Department.

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

H.B. 283    Motor Vehicle Business Regulation Amendments (Rep. P. Painter)

Rep. Painter introduced the bill to the committee.

Spoke for the bill:    Craig Bickmore, Utah Auto Dealer's Association
            Wayne Jones, Independent Auto Dealer's Association



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

H.B. 127    Limited Liability Company Amendments (Rep. J. S. Adams)

Rep. Adams introduced the bill to the committee, with the assistance of Brad Hardy, NHB Holdings, Inc.

Spoke to the bill:    Kathy Berg, Utah Division of Corporations and Commercial Code
            George Sutton, General Counsel, NHB Holdings; Callister, Nebeker and             McCullough

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

H.B. 72    Workers' Compensation for the State (Rep. G. Snow)

Rep. Snow introduced the bill to the committee.

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

1.    Page 9, Lines 255 through 256 :    

             255          (i) exempt from
{   Sections 34A-2-201.5 ,   }        Section       34A-2-202.5      {   ,   } and        Subsection       34A-2-704        (14)       ; and

             256          (ii) required to pay a premium assessment as provided in Section 34A-2-202 .

The motion to amend passed unanimously.

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

1.    Page 1, Line 1 :    

             1     
  WORKERS' COMPENSATION FUND AND       WORKERS' COMPENSATION
FOR THE STATE

2.    Page 1, Lines 8 through 13 :    

             8      General Description:
             9          This bill amends the Insurance Code, the Utah Labor Code, and the Utah
             10      Administrative Services Code to address
  the Workers' Compensation Fund, the Fund's assets, and       workers' compensation coverage for the state.

             11      Highlighted Provisions:


             12          This bill:
      .     addresses the legal nature of the Workers' Compensation Fund and its assets;      

             13          .    addresses the makeup of the Workers' Compensation Fund's board of directors;

3.    Page 1, Lines 26 through 27 :    

             26      AMENDS:
  31A-33-103, as last amended by Chapter 222, Laws of Utah 2000      

             27          31A-33-106, as last amended by Chapters 176 and 186, Laws of Utah 2002

4.    Page 2, Line 32 :    

             32      Be it enacted by the Legislature of the state of Utah:
  Section 1. Section 31A-33-103 is amended to read:      

         31A-33-103 .   Legal nature of Workers' Compensation Fund.
         (1) The Workers' Compensation Fund is:
         (a) a nonprofit, self-supporting, quasi-public corporation;
      (b) subject to statutes governing the Workers' Compensation Fund that may be enacted or modified by the Legislature;       and

        
{   (b)   }        (c)       a legal entity, that may sue and be sued in its own name.

         (2) All of the business and affairs of the corporation shall be conducted in the name of the Workers' Compensation Fund or if conducted through a subsidiary, such other corporate names that comply with state law.
      (3) The Workers' Compensation Fund and all of its assets, including the Injury Fund, are:

    (a) not owned by the state, other than as a policyholder; and
    (b) private in ownership being owned by the Workers' Compensation Fund's policyholders.  

    Renumber remaining sections accordingly.

5.    Page 2, Line 53 :                  53          (6) No two directors may represent
  or be employed by       the same policyholder.








Spoke for the amendment:    Paul Rogers, Workers' Compensation Fund (handout)
                Dennis Lloyd, Workers' Compensation Fund
                Rich Thorn, Associated General Contractors
                Tom Bingham, Utah Manufacturer's Association
                Scott Kelly, President, Utah Self Insurer's Association

Spoke against the amendment:    Gary Thorup, Property & Casualty Insurers Assoc. of                     America
                    Mike Zuhl, Employers' Insurance Group    

The motion to amend passed, with Rep. Biskupski voting in opposition and Rep. D. Clark absent for the vote.

Spoke for the bill:    Gary Thorup, Property & Casualty Insurers Assoc. of America
            Mike Zuhl, Employers' Insurance Group
            Rich Thorn, Associated General Contractors
            Tom Bingham, Utah Manufacturer's Association
            Scott Kelly, President, Utah Self Insurer's Association

Spoke to the bill:    Paul Rogers, Workers' Compensation Fund
            Dennis Lloyd, Workers' Compensation Fund

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. 74    Athletic Trainer Licensing Act (Rep. P. Ray)

Rep. Ray introduced the bill to the committee, with the assistance of Lisa Walker, Utah Athletic Trainers' Association.        (handout)

Rep. Adams moved to amend the bill as follows:

1.    Page 6, Lines 162 through 166 :    

             162          (3) "Athletic injury" means:
             163          (a) an injury sustained by an athlete that affects the individual's participation or
             164      performance in sports, games, recreation, or exercise; or
             165          (b) a condition that is within the scope of practice of an athletic trainer identified by a
             166      directing physician
  or physical therapist       as benefitting from athletic training services.


2.    Page 7, Lines 189 through 191 :    



             189          (1) A directing physician shall provide direction to an athletic trainer by a verbal order
             190      when in the presence of the athletic trainer and by written order or by athletic training service
             191      plans or protocols when
{   the   }        a       directing physician is not present.


3.    Page 8, Lines 230 through 233 :    

             230     
{   National Athletic Trainers' Association   } Board of Certification        Inc.       or equivalent examination

             231      approved or recognized by the board;
             232          (3) is in good standing with and provides documentation of current certification by the
             233     
{   National Athletic Trainers' Association   } Board of Certification        Inc.       or a nationally recognized


The motion to amend passed unanimously, with Rep. Biskupski, Rep. D. Clark, Rep. Hansen, Rep. Kiser, Rep. Morley, and Rep. Oda absent for the vote.

Spoke to the bill:    Michelle McOmber, Utah Medical Association

Spoke for the bill:    Ed Deringer, President, Utah Physical Therapy Association
            Brian Coles, Utah Athletic Trainers' Association

Rep. Kiser moved to amend the bill as follows:

1.    Page 6, Lines 171 through 177 :    

             171          (6) "Directing physician" means a physician and surgeon licensed under Section
             172      58-67-301 , an osteopathic physician and surgeon licensed under Section 58-68-301 , a
             173      chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, a
             174      naturopathic physician licensed under Chapter 71, Naturopathic Physician Practice Act, or
             175      dentist licensed under Section 58-69-301 who
  , within the licensee's scope of practice and individual competency,       is responsible for the athletic training services

             176      provided by the athletic trainer and oversees the practice of athletic training by the athletic
             177      trainer, as established by board rule.


The motion to amend passed unanimously, with Rep. Biskupski, Rep. D. Clark, Rep. Hansen, Rep. Morley, and Rep. Oda absent for the vote.

MOTION:    Rep. Frank moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Adams, Rep. Biskupski, Rep. D. Clark, Rep. Morley, and Rep. Oda absent for the vote.

MOTION:    Rep. Kiser moved to adjourn the meeting. The motion passed unanimously, with Rep. Adams, Rep. Biskupski, Rep D. Clark, Rep. Morley, and Rep. Oda absent for the vote.

Vice Chair Dunnigan adjourned the meeting at 5:45 p.m.
















                    _________________________
                     Rep. Stephen D. Clark, Chair