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WORKFORCE SERVICES AND COMMUNITY
Room W025, West Office Building, State Capitol Complex
February 25, 2008
Rep. Julie Fisher, Vice Chair
Rep. Bradley M. Daw
Rep. Jack R. Draxler
Rep. Janice Fisher
Rep. Christopher Herrod
Rep. Brad King
Rep. Karen W. Morgan
STAFF PRESENT: Arthur L. Hunsaker, Policy Analyst
Linda Black, Committee Secretary
Note: A list of visitors and a copy of handouts are filed with the committee minutes.
Re p. Mascaro called the meeting to order at 8:00 a.m.
MOTION: Rep. Janice Fisher moved to approve the minutes of February 12, 2008. The motion passed unanimously with Rep. Daw, Rep. Julie Fisher, Rep. King and Rep. Morgan absent for the vote.
H.B. 380 Insurance Department - Workers' Compensation Amendments (Rep. R. Bigelow)
Rep. Bigelow presented the bill.
MOTION: Rep. Draxler moved to amend the bill as follows:
1. Page 1, Lines 14 through 16 :
14 . requires the department to make rules to monitor employers who
15 obtain workers' compensation from the Workers' Compensation Fund because of
16 certain underwriting standards or guidelines
The motion passed unanimously with Rep Daw, Rep. Julie Fisher, Rep. King and Rep. Morgan
absent for the vote.
the bill: Dennis Lloyd, General Counsel, Sr. Vice-President, Workers Compensation Fund
Brian Allen, Liberty Mutual Insurance
S.B. 274 Amendments to Utah Service Members' Civil Relief Act (Sen. P. Knudson)
Sen. Knudson presented the bill.
MOTION: Rep. Daw moved to pass the bill out favorably. The motion passed unanimously with Rep. King absent for the vote.
MOTION: Rep. Morgan moved to place S.B. 274 on the Consent Calendar. The motion passed unanimously with Rep. King absent for the vote.
1st Sub. S.B. 166 Nondiscrimination Amendments (Sen. S. McCoy)
Sen. McCoy presented the bill.
MOTION: Rep. Daw moved to amend the bill.
MOTION: Rep. Morgan moved to further amend the bill as follows:
1. Page 1, Lines 14 through 17 :
14 . includes military service as a prohibited basis for discrimination in employment in a
15 manner consistent with the Utah Antidiscrimination Act;
16 . addresses preferences permitted by law
17 . makes technical and conforming amendments.
2. Page 3, Lines 71 through 75
Senate Committee Amendments
72 (a) undertaking to procure
74 (b) holding itself out to be equipped to take an action described in Subsection [
3. Page 6, Line 176 :
176 (F) a joint apprenticeship committee;
4. Page 7, Lines 200 through 201 :
200 (ii) minimize or eliminate discrimination in employment
201 color, sex, religion, national origin, age, [
5. Page 7, Line 211 through Page 8, Line 213 :
211 (i) recommend [
212 race, sex, color, national origin, religion, age, [
213 that [
6. Page 11, Lines 311 through 314 :
311 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
314 a person otherwise qualified,
7. Page 12, Lines 345 through 348 :
345 (b) An employment agency may not:
346 (i) refuse to list and properly classify for employment, or refuse to refer an individual
347 for employment, in a known available job for which the individual is otherwise qualified,
8. Page 13, Lines 376 through 378 :
377 (ii) An action described in Subsection (1)(c)(i) is prohibited if it is taken
9. Page 14, Lines 419 through 421 :
419 (A) deny to, or withhold from, [
420 participate in [
421 occupational instruction, training or retraining program
10. Page 15, Lines 431 through 432 :
431 (B) discriminate against or harass [
11. Page 15, Lines 442 through 444 :
442 (C) discriminate against [
12. Page 15, Lines 458 through 459 :
458 indicating [
459 of } :
13. Page 16, Lines 471 through 472 :
14. Page 18, Lines 541 through 546 :
541 (d) (i) This chapter may not be interpreted to require [
542 agency, labor organization, vocational school, joint labor-management committee, or
543 apprenticeship program subject to this chapter to grant preferential treatment
544 or to any group because
on the basis
of the race, color, religion, sex,
age, national origin, [ or]
545 disability, or military service of [
the] an individual or group on account of an imbalance
which] that may exist:
15. Page 20, Lines 587 through 589 :
587 (7) It is not a discriminatory or prohibited practice to give a preference to an individual
on the basis
of military service if that preference is given in
accordance with a federal, state, or
589 local law other than this chapter.
16. Page 21, Lines 642 through 644 :
642 (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the
643 director or the director's designee may issue a determination and order
the basis of
644 the investigator's report.
17. Page 24, Lines 710 through 711 :
710 (15) The procedures contained in this section are the exclusive remedy under state law
711 for employment discrimination
on the basis of
18. Page 24, Lines 722 through 723 :
722 (16) (a) The commencement of an action under federal law for relief
on the basis of an
act prohibited by this chapter bars the commencement or
The motion passed unanimously.
MOTION: Rep. Morgan moved to pass the bill out favorably. The motion passed unanimously with Rep. Herrod absent for the vote.
MOTION: Rep. King moved to adjourn. The motion passed unanimously with Rep. Herrod absent for the vote. Rep. Mascaro adjourned the meeting at 8:40 a.m.
Steven R. Mascaro, Chair