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MINUTES OF THE SENATE BUSINESS & LABOR
STANDING COMMITTEE
THURSDAY, JANUARY 24, 2008, 8:3O A.M.
ROOM W015, WEST OFFICE BUILDING
STATE CAPITOL COMPLEX


Members Present:    Sen. Kevin VanTassell, Chair
        Sen.Wayne Niederhauser         Sen. Carlene Walker
        Sen. Gene Davis
        Sen. Karen Mayne
    
Members Absent:    Sen. Dan Eastman
        Sen. Bill Hickman

Staff Present:    Allison Nicholson, Policy Analyst
        Karen Allred, Committee Secretary

Public Speakers Present:    Alan Hennebold, Deputy Commissioner, Utah Labor Commission
        Richard LaJeunesse, Administrative Law Judge, Labor Commission
        Taz Beisinger, Utah Home Builders Association

A list of visitors and a copy of handouts are filed with the committee minutes.

Chair VanTassell called the meeting to order at 8:35 a.m. and announced that S.B. 136 would not be heard today.

Approval of Minutes

    MOTION:
Sen. Mayne moved to approve the minutes of the January 22, 2008 meeting.

    The motion passed unanimously with Sens. Niederhauser and Walker absent for the vote.

1.    S.B. 58 Workers' Compensation Related Amendments
(M. Dmitrich)

Sen. Dmitrich introduced the bill and the following amendments were distributed:

1.    Page 1, Lines 20 through 21 :    

            
20      Other Special Clauses:
             21          
{   None   }        This bill coordinates with S.B. 108, Offset of Workers' Compensation and Social Security, to make technical changes.      


2.    Page 4, Lines 112 through 113 :    



            
112          [(a)] (i) a child under 18 years of age, [or over] subject to the conditions of Subsections
             113      (1)(b) and (2)
{   (c)   }        (b)       ;


3.    Page 5, Lines 124 through 129 :    

             124          (b) Subsections (1)(a)(i) and (ii) require that:
             125          (i) the deceased employee be
{   :

             126          (A)  
}
the parent of the child; or
             127          
{   (B)   }        (ii)(A) the deceased employee be       legally bound to support the child; and

             128          
{   (ii)   }        (B)       the child be living with the deceased employee at the time of the death of the

             129      employee.

4.    Page 14, Lines 426 through 427 :    

             426      court all documents and papers and a transcript of all testimony taken in the matter together
             427      with the decision of the commissioner or Appeals Board.
  Section 9. S.B. 58 coordinating with S.B. 108 -- Technical amendments.

If this S.B. 58 and S.B. 108, Offset of Workers' Compensation and Social Security, both pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel in preparing the Utah Code database for publication coordinate the bills as follows:
(1) the amendments to Subsection 34A-2-702(5)(b)(i) in this bill supersede the amendments to that subsection in S.B. 108;
(2) the amendments to Subsection 34A-2-702(5)(b)(iii) in S.B. 108 supercede the amendments to that subsection in this bill;
(3) the amendments to Subsections 34A-2-702(5)(b)(iv) and (5)(c)(i) in this bill supersede the amendments to those subsections in S.B. 108;
(4) the amendments to Subsection 34A-2-702(5)(c)(ii) in S.B. 108 supersede the amendments to that subsection in this bill, except that the introductory phrase in Subsection 34A-2-702(5)(c)(ii)(A) is deleted and replaced with the following:
"(ii)(A) In determining the annual income of the surviving spouse after the initial 312-week period, there shall be excluded 50% of a federal Social Security death benefit that the surviving spouse:"; and
(5) the amendments to Subsection 34A-2-702(5)(d) and (e) in this bill supersede the amendments to those subsections in S.B. 108.  

    



    
     MOTION: Sen. Davis moved to adopt the amendments.

    The motion passed unanimously with Sen. Walker absent for the vote.

    Alan Hennebold, Deputy Commissioner, Utah Labor Commission, explained the bill.

    Richard LaJeunesse, Administrative Law Judge, Labor Commission, further clarified the bill.

    Taz Beisinger, Utah Home Builders Association, spoke to the bill.

     MOTION: Sen. Davis moved to pass the bill out favorably as amended.

    The motion passed unanimously.

2.    S.B. 68 Workers' Compensation - Death Benefits (K. Mayne)

    Sen. Mayne introduced the bill.

     MOTION: Sen. Walker moved to pass the bill out favorably.

    The motion passed unanimously.

    Chair VanTassell announced that S.B. 108 would not be heard today.

     MOTION: Sen. Niederhauser moved to adjourn.

    The motion passed unanimously.

    Chair VanTassell adjourned the meeting at 9:15 a.m.
    
    



                _________________________________
                Sen. Kevin VanTassell, Committee Chair