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MINUTES OF THE HOUSE BUSINESS AND LABOR
STANDING COMMITTEE
Room W010, West Office Building, State Capitol Complex
February 15, 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 .

Chair S. Clark called the meeting to order at 8:10 a.m.

MOTION:    Rep. Frank moved to approve the minutes of the February 13, 2006 meeting. The motion passed unanimously, with Rep. Dunnigan, Rep. D. Clark, Rep. Morley, and Rep. Oda absent for the vote.

H.B. 268    Garnishment Fees (Rep. S. Mascaro)

Rep. Mascaro introduced the bill to the committee.

Spoke against the bill:    Mark Olson, Collection Attorney
                Lacey Cherrington, Utah Association of Collectors

MOTION:    Rep. Biskupski, moved to pass the bill out favorably. The motion passed with Rep. Duckworth and Rep. Hansen voting in opposition. Rep. Oda and Rep. Wyatt were absent for the vote.

Chair S. Clark relinquished the chair to Vice Chair Dunnigan



H.B. 365    Automated Teller Machine Fees (Rep. M. Walker)

Rep. Walker introduced the bill to the committee.

Spoke for the bill:    Edward Leary, Commissioner, Financial Institutions
            Spencer Stokes, Utah League of Credit Unions

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

H.B. 428    Consumer Sales Practices Act Amendments (Rep. M. S. Lawrence)

Rep. Lawrence introduced the bill to the committee. (handout)

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

1. Page 4, Lines 115 through 120

             115          (u)
{   without including a conspicuous statement written in dark bold with at least

             116      12-point type at the top of the first page stating, "This is not a bill",  
}
sends an unsolicited
             117      mailing to a person that appears to be a billing, statement, or request for payment
{   :

             118          (i)  
}
for a product or service the person has not ordered or used
{   ;   }        ,       or

             119          
{   (ii)   } that implies that the mailing requests payment for an ongoing product or service the

             120      person has not received
  ,            {   .   }        without including at the top of the first page a conspicuous statment written in dark bold type at least as large as any request for payment stating "This is not a bill, and no action for payment is required."      


The motion to amend passed unanimously.

Spoke for the bill:    Robert Walker, attorney, Kirton and McConkie
            Thad LeVar, Division of Consumer Protection

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

1.    Page 4, Lines 115 through 120 :    

             115          (u)
{   without including a conspicuous statement written in dark bold with at least


             116
     12-point type at the top of the first page stating, "This is not a bill",   }
sends an unsolicited
             117      mailing to a person that appears to be a billing, statement, or request for payment
{   :

             118          (i)  
}
for a product or service the person has not ordered or used
{   ;   }        ,       or

             119          
{   (ii)   } that implies that the mailing requests payment for an ongoing product or service the

             120      person has not received
  or requested       .


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

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

MOTION:    Rep. Frank moved to place H.B. 428 on the Consent Calendar. The motion passed unanimously, with Rep. Morley absent for the vote.

S.B. 68    Plumbing License Qualifications Amendments (Sen. P. Hellewell)

Sen. Hellewell introduced the bill to the committee.

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

S.B. 116    Department of Financial Institution's Fees (Sen. L. Hillyard)

Sen Hillyard introduced the bill to the committee, with the assistance of Edward Leary, Commissioner, Financial Institutions. (handout)

Spoke for the bill:    Preston Jackson, President, Merrill Lynch Bank

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

MOTION:    Rep. D. Clark moved to place H.B. 116 on the Consent Calendar. The motion passed unanimously, with Rep. Frank and Rep. Morley absent for the vote.




S.B. 162    Department of Financial Institutions Enforcement of Applicable Law (Sen. L. Hillyard)

Sen. Hillyard introduced the bill to the committee, with the assistance of Edward Leary, Commissioner, Financial Institutions. (handout)

Spoke for the bill:    Douglas Foxley, Utah Association of Financial Services

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

MOTION:    Rep. D. Clark moved to place H.B. 162 on the Consent Calendar. The motion passed unanimously, with Rep. Frank and Rep. Morley absent for the vote.

2nd Sub. S.B. 71    Consumer Credit Protection (Sen. C. Walker)

This bill was not considered.

MOTION:    Rep. Hansen moved to adjourn the meeting. The motion passed unanimously, with Rep. Frank and Rep. Morley absent for the vote.

Vice Chair Dunnigan adjourned the meeting at 9:49 a.m.














                    _________________________
                     Rep. Stephen D. Clark, Chair