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STANDING COMMITTEE
Room W010, West Office Building, State Capitol Complex
February 12, 2007
Members Present: Rep. Stephen D. Clark, Chair
Rep. Jim Dunnigan, Vice Chair
Rep. Jackie Biskupski
Rep. David Clark
Rep. Carl W. Duckworth
Rep. Ben Ferry
Rep. Gage Froerer
Rep. Kevin Garn
Rep. Neil A Hansen
Rep. Todd E. Kiser
Rep. Michael T. Morley
Rep. Paul Neuenschwander
Rep. Mark Walker
Staff Present: Allison Nicholson, 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 8:06 a.m.
MOTION: Rep. Hansen moved to approve the minutes of the February 8, 2007 meeting. The motion passed unanimously, with Rep. D. Clark, Rep. Ferry, Rep. Kiser, Rep. Morley, and Rep. Walker absent for the vote.
Vice Chair Dunnigan relinquished the chair to Chair S. Clark.
H.B. 386 Insurance Department Funding (Rep. J. Dunnigan)
MOTION: Rep. Dunnigan moved to delete in title and body H.B. 386 and replace it with 1st Substitute H.B. 386 and amend the bill as follows:
1. Page 3, Lines 72 through 75 :
72 (6) (a) There is created a restricted account within the General Fund known as the
73 "Insurance Department Restricted Account."
74 (b) (i) Except as provided in
{
Subsection
}
Subsections
(6)(b)(ii)
and
(iii)
, the Insurance Department Restricted
75 Account shall consist of:
2. Page 4, Lines 92 through 93 :
92 (I) Subsection 63-38a-105 (7).
(iii) Notwithstanding Subsection (6)(b)(i)(B), any fine, forfeiture, or penalty
collected by the department under this title shall be deposited into the General Fund
as free revenue unless its use is otherwise restricted.
93 (c) The Legislature shall appropriate funds from the Insurance Department Restricted
The motion to substitute and amend the bill passed unanimously, with Rep. D. Clark, Rep. Ferry, Rep. Kiser, Rep. Morley, and Rep. Walker absent for the vote.
Rep. Dunnigan introduced the substitute bill to the committee with the assistance of Kent Michie, Commissioner, Utah Insurance Department.
Spoke for the bill: Kelly Atkinson, Executive Director, Utah Health Insurance Association
Curt Howell, Executive Director, United Health Care of Utah
MOTION: Rep. Hansen moved to pass the substitute bill out favorably as amended. The motion failed, with Rep. Biskupski, Rep. D. Clark, Rep. S. Clark, Rep. Dunnigan, Rep. Hansen, and Rep. Walker voting in favor. Rep. Kiser was absent for the vote.
Vice Chair Dunnigan resumed the chair.
H.B. 153 Securities Amendments (Rep. J. Bird)
Rep. Bird introduced the bill to the committee with the assistance of Stephen Christiansen, Attorney, Van Cott, Bagley, Cornwall, and McCarthy.
Spoke against the bill: Wayne Klein, Director, Division of Securities (handout)
Erik Christiansen, Attorney
Ed McCartney, Advisory Board, Division of Securities and
Vice President, Fidelity Investments
MOTION: Rep. Froerer moved to pass the bill out favorably.
SUBSTITUTE
MOTION: Rep. Ferry moved to proceed to the next item on the agenda. The motion failed, with Rep. Duckworth, Rep. Dunnigan, Rep. Froerer, Rep. Morley, and Rep. Neuenschwander voting in opposition. Rep. D. Clark, Rep. Hansen, and Rep. Kiser were absent for the vote.
The original motion to pass the bill out favorably passed, with Rep. Biskupski and Rep. Ferry voting in opposition. Rep. D. Clark, Rep. Hansen, and Rep. Kiser were absent for the vote.
S.B. 108 Workers' Compensation - Time Limitations (Sen. E. Mayne)
Sen. Mayne introduced the bill to the committee.
Spoke for the bill: Dennis Lloyd, Senior Vice President and General Counsel, Workers Compensation Fund of Utah
MOTION: Rep. Garn moved to pass the bill out favorably. The motion passed unanimously, with Rep. D. Clark, Rep. Hansen, and Rep. Kiser absent for the vote.
MOTION: Rep. S. Clark moved that S.B. 108 be placed on the Consent Calendar. The motion passed unanimously, with Rep. D. Clark, Rep. Hansen, Rep. Kiser, and Rep. Walker absent for the vote.
S.B. 9 Nonprofit Corporation Amendments (Sen. L. Hillyard)
Sen. Hillyard introduced the bill to the committee
MOTION: Rep. Ferry moved to pass the bill out favorably. The motion passed unanimously, with Rep. Biskupski, Rep. D. Clark, and Rep. Hansen absent for the vote.
S.B. 83 Acupuncture Licensing Act Amendments (Sen. S. McCoy)
Sen. McCoy introduced the bill to the committee.
MOTION: Rep. Garn moved to pass the bill out favorably. The motion passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.
H.B. 374 Integrated Health System Fair Practices Act (Rep. R. Lockhart)
Rep. Lockhart introduced the bill to the committee.
MOTION: Rep. Morley moved to amend the bill as follows:
1. Page 2, Lines 35 through 38 :
35 intermediaries controls, is controlled by, or is under common control with
{
a
nonprofit
}
an
36 organization.
37 (2) "Integrated health system" means
{
a nonprofit
}
an
organization that
directly, or through
38 an affiliate or subsidiary:
The motion to amend passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.
Spoke for the bill: Alan Dayton, Intermountain Health Care
MOTION: Rep. Duckworth moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.
MOTION: Rep. S. Clark moved to reconsider the previous action taken on H.B. 386. The motion failed, with Rep. Biskupski, Rep. S. Clark, Rep. Dunnigan, Rep. Kiser, and Rep. Walker voting in favor. Rep. D. Clark and Rep. Hansen were absent for the vote.
MOTION: Rep. Biskupski moved to adjourn the meeting. The motion passed unanimously, with Rep. D. Clark and Rep. Hansen absent for the vote.
Vice Chair Dunnigan adjourned the meeting at 9:35 p.m.
_________________________
Rep. Stephen D. Clark, Chair