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MINUTES OF THE HOUSE BUSINESS AND LABOR
STANDING COMMITTEE
Room W010, West Office Building, State Capitol Complex
February 19, 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. Neil A Hansen
            Rep. Todd E. Kiser
            Rep. Michael T. Morley
            Rep. Paul Neuenschwander
            Rep. Mark Walker

Members Absent:    Rep. Kevin Garn        
             
Staff Present:    Allison Nicholson, 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 4:18 p.m.

MOTION:    Rep. Kiser moved to approve the minutes of the February 16, 2007 meeting. The motion passed unanimously, with D. Clark, Rep. Dunnigan, Rep. Ferry, Rep. Morley, and Rep. Walker absent for the vote.

H.B. 397    Workers' Compensation Amendments (Rep. R. Bigelow)

Rep. Bigelow introduced the bill to the committee with the assistance of Brian Allen, Liberty Mutual Insurance.

MOTION:    Rep. Ferry moved to send the bill to interim study.

SUBSTITUTE
MOTION:    Rep. S. Clark moved to table the bill. The motion passed, with Rep. Ferry and Rep. Neuenshwander voting in opposition. Rep. Dunnigan was absent for the vote.




H.B. 440    Drug Product Equivalent Amendments (Rep. E. Hutchings)

Rep. Hutchings introduced the bill to the committee.

MOTION:    Rep. Kiser moved to delete in title and body H.B. 440 and replace it with 1st Substitute H. B. 440. The motion passed unanimously, with Rep. Dunnigan, Rep. Ferry, Rep. Morley, and Rep. Walker absent for the vote

Spoke for the bill:        Kris Hansen, President, Epilepsy Association of Utah
                Dr. Navin K. Varma, Neurologist
                
Spoke against the bill:    Reid Barker, Executive Director, Utah Pharmacists Association                 Jim Olsen, President, Utah Retail Merchants Association

Spoke to the bill:        Dr. David Sundwall, Executive Director, Utah Department of Health

Rep. Hansen declared a conflict of interest.

MOTION:    Rep. Duckworth moved to pass the bill out favorably. The motion passed, with Rep. S. Clark, Rep. Dunnigan, Rep. Kiser, and Rep. Morley voting in opposition.
        Rep. D. Clark, Rep. Ferry, and Rep. Walker were absent for the vote.
        
1st Sub. S.B. 136    Unlawful Detainer Amendments (Sen. M. Waddoups)

Sen. Waddoups introduced the bill to the committee with the assistance of Kirk Cullimore, Attorney.

Spoke against the bill:    Martin S. Blaustein, Managing Attorney, Utah Legal Services

Spoke for the bill:        Jim Decker, Landlord

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

1.    Page 3, Line 83 :    

             83      to nuisance actions provided in Sections 78-38-9 through 78-38-16 only.
    
  (4)(a) Subsection (1)(d) does not apply to a person who is the victim of any incident or threatened incident of domestic violence, dating violence, or stalking.

    (b) An incident or threatened incident of domestic violence, dating violence, or stalking does not constitute cause for the termination of any lease, tenancy, or right

to occupancy of the victim.  



2.    Page 7, Line 205 through Page 8, Line 216 :    

             205          (g)
  (i)       "An act that would be considered criminal under the laws of this state" under

             206      Subsection (3)(a) includes only the following:
             207          
{   (i)   }        (A)       an act that would be considered a felony under the laws of this state;

             208          
{   (ii)   }        (B)       an act that would be considered criminal affecting the health or safety of a tenant,

             209      the landlord, the landlord's agent, or other person on the landlord's property;
             210          
{   (iii)   }        (C)       an act that would be considered criminal that causes damage or loss to any tenant's

             211      property or the landlord's property;
             212          
{   (iv)   }        (D)       a drug- or gang-related act that would be considered criminal;

             213          
{   (v)   }        (E)       an act or threat of violence against any tenant or other person on the premises, or

             214      against the landlord or the landlord's agent; and
             215          
{   (vi)   }        (F)       any other act that would be considered criminal that the court determines directly

             216      impacts the peaceful enjoyment of the premises by any tenant
{   .   }        ; and

    (ii) "An act that would be considered criminal under the laws of this state" does not include an act directly related to abuse engaged in by a person if the tenant, or the tenant's immediate family member, is the victim of an act or threatened act of domestic violence, dating violence, or stalking.  


SUBSTITUTE
MOTION:    Rep. Froerer moved to pass the bill out favorably. The motion passed, with Rep. Biksupski, Rep. S. Clark, Rep. Duckworth, and Rep. Hansen voting in opposition.
        Rep. D. Clark and Rep. Ferry were absent for the vote.

S.B. 118    Mechanics' Lien and Payment Amendments (Sen. S. Jenkins)

Sen. Jenkins introduced the bill to the committee with the assistance of Craig Moody, Utah Construction Suppliers Association.

Spoke to the bill:    Charles Evans, Utah Land Title Association



Rep. S. Clark and Rep. Morley declared a conflict of interest.

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

Page 6, Line 155    after shall insert clearly
            after payment insert . and delete [by]

Page 6,         delete lines 156 and 157

SUBSTITUTE
MOTION:    Rep. Kiser moved to pass the bill out favorably. The motion passed unanimously, with Rep. D. Clark, Rep. Dunnigan, and Rep. Ferry absent for the vote.

H.B. 127    Employee Verification, Procurement, and Incentives (Rep. S. Sandstrom)

Rep. Sandstrom introduced the bill to the committee.

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

1.    Page 3, Lines 72 through 75 :    

             72          (b) If an employer described in this Subsection (3) receives or claims an economic
             73      development incentive, the employer shall notify the office of a finding described in Subsection
             74      (3)(a) within
{  five   }       eight       business days of the day on which the finding described in Subsection (3)(a)

             75      is final.

2.    Page 4, Lines 92 through 109
    House Committee Amendments
    2-8-2007 :
    

             92          (2)
  (a)       A state        public       procurement unit shall require as a condition of any agreement to procure

             93      supplies, services, and construction
{   that is the subject of a request for proposals   }        described in Subsection (2)(b)       that an

             94      employer submit with that employer's response to a bid
  related to that agreement       a certification that the employer:

             95          
{   (a)   }        (i)       participates in the federal employment verification program; and

             96          
{   (b)   }        (ii)       has not been found to violate the requirements of the federal employment


             97
     verification program by:
             98          
{   (i)   }        (A)       the United States Department of Homeland Security; or

             99          
{   (ii)   }        (B)       the      {   division   }        Division of Purchasing and General Services       .

    
  (b) This section applies to an agreement to procure supplies, services, or construction that:

    (i) is the subject of a request for proposals; and
    (ii) has a total dollar value equal to or greater than $25,000.
     (c) (i) This section does not apply to a person that does not directly submit a response to a bid described in Subsection (2)(a) for the right to enter into an agreement with the state public procurement unit, including a person who is a subcontractor of the employer that submits a response to the bid.
    (ii) An employer who submits a response to a bid in accordance with Subsection (2)(a) may not be required under this section to certify whether or not any subcontractor of that employer participates in the federal employment verification program.  

             100          (3) (a) If the
{   division   }        Division of Purchasing and General Services       learns that the employer does not participate in the federal

             101      employment verification program or an employer is found by the United States Department of
             102      Homeland Security to violate the requirements of the federal employment verification program
{   ,   }        :

    (i) the employer shall remedy the violation within 60 days of the earlier of:
    (A) the day on which the
{   division   } Division of Purchasing and General Services notifies the employer that the      {   division   } Division of Purchasing and General Services learned that the employer is subject to this Subsection (3); or

    (B) the day on which the employer notifies the
{   division   } Division of Purchasing and General Services of the finding as required by Subsection (3)(b); and

    (ii) if the employer fails to remedy the violation within the 60-day period described in Subsection (3)(a)(i):
    (A) for an agreement entered into on or after April 30, 2007, any agreement with a state public procurement unit that is in effect terminates on the day immediately following the day on which the 60-day period ends;
    (B) the state public procurement unit has any remedy available under an

agreement described in Subsection (3)(a)(ii)(A) for breach of that agreement; and  


             103          
  (C)       the employer may not enter into a new agreement or renew an agreement to provide supplies,

             104      services, or construction to a state
  public       procurement unit for one year after the day on which the

             105      finding described in
{   this   } Subsection (3)        (a)(i)       becomes final.

             106          (b) If an employer described in this Subsection (3) has an agreement to provide
             107      supplies, services, or contraction to a state
  public       procurement unit, the employer shall notify the

             108     
{   division   }        Division of Purchasing and General Services       of the finding described in Subsection (3)(a) within      {  five   }       eight       business days of the day on

             109      which the finding described in Subsection (3)(a) is final.

The motion to amend passed unanimously, with Rep. Dunnigan, Rep. D. Clark, Rep. Ferry, Rep. Froerer, and Rep. Walker absent for the vote.

Spoke for the bill:    Gayle Ruzicka, Utah Eagle Forum
            Ron Mortenson, private citizen

The Chair noted that a quorum was no longer present.
Chair S. Clark adjourned the meeting at 6:13 p.m.

H.B. 464    Limited Liability Company Amendments (Rep. P. Neuenschwander)

This bill was not heard.

H.B. 183    Employee Noncompetition Contracts (Rep. L. Fowlke)

This bill was not heard.







                    _________________________
                     Rep. Stephen D. Clark, Chair