Link to Zipped WordPerfect Minutes 8K bytes
STANDING COMMITTEE
THURSDAY, FEBRUARY 7, 2008, 8:30 A.M.
ROOM W015, WEST OFFICE BUILDING
STATE CAPITOL COMPLEX
Sen. Gene Davis
Sen. Dan Eastman
Sen. Bill Hickman
Sen. Karen Mayne Sen. Wayne Niederhauser
Sen. Carlene Walker
Staff Present: Allison Nicholson, Policy Analyst
Karen Allred, Committee Secretary
Public Speakers Present: Craig Bickmore, Director, New Car Dealers of Utah
Wayne Jones, Executive Director, Recreational Vehicle Association
Frank Pignanelli, Alliance of Automobile Manufacturers
Gary Thorup, Attorney, Recreational Vehicle Association
Steve Cloward, Director, Davis Business Alliance
Candace Daly, State Director, National Federation of Independent Business
Jason Perry, Director, Governor's Office of Economic Development
Sherrie Hayashi, Commissioner, Utah Labor Commission
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.
Approval of Minutes
MOTION: Sen. Hickman moved to approve the minutes of the February 5, 2008 meeting.
The motion passed unanimously with Sens. Davis, Eastman, and Walker absent for the vote.
1. 1st Sub. H.B. 53 Impact of Administrative Rules on Small Businesses (S. Clark)
Rep. S. Clark introduced the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably.
The motion passed unanimously with Sens. Davis, Eastman, and Niederhauser absent for the vote.
MOTION: Sen. Hickman moved that the bill be placed on the Consent Calendar.
The motion passed unanimously with Sens. Davis, Eastman, and Niederhauser absent for the vote.
2. S.B. 57 Franchise Law Amendments (Eastman)
Sen. Eastman introduced the bill and 1st Sub. S.B. 57 was distributed.
MOTION: Sen. Eastman moved to adopt 1st Sub. S.B. 57.
The motion passed unanimously with Sens. Davis and Niederhauser absent for the vote.
Craig Bickmore, Director, New Car Dealers of Utah, further explained the bill and answered questions from the committee.
The following amendments were proposed:
1. Page 13, Lines 385 through 387 :
385
{
(iv) by using a formula, computation, or process intended to gauge the
franchisee's
386 performance; } or
387
{
(v)
}
(iv)
if the franchisee complies with any reasonable requirement
concerning the sale of
2. Page 18, Lines 533 through 534 :
533 (5) The franchisor has the burden of proof to establish by
{
clear and
convincing
}
a preponderance of the
534 evidence that under the provisions of this chapter it should be granted permission to:
MOTION: Sen. Walker moved to adopt the amendments.
The motion passed unanimously with Sen. Davis absent for the vote.
Wayne Jones, Executive Director, Recreational Vehicle Association, spoke in support of the bill.
Frank Pignanelli, Alliance of Automobile Manufacturers, and Gary Thorup, Attorney, Recreational Vehicle Association, spoke to the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably as amended.
The motion passed unanimously with Sens. Davis and Niedehauser absent for the vote.
3. 1st Sub. H.B. 37 Utah Business Resource Centers Act (D. Clark)
Rep. Stephen Clark introduced the bill.
Steve Cloward, Director, Davis Business Alliance further explained and spoke in support of the bill.
Candace Daly, State Director, National Federation of Independent Business, spoke in support of the bill.
Jason Perry, Director, Governor's Office of Economic Development, answered questions from the Committee.
MOTION: Sen. Hickman moved to go to the next item on the agenda.
The motion passed unanimously with Sen. Eastman absent for the vote.
4. S.B. 166 Nondiscrimination Amendments (S. McCoy)
Sen. McCoy introduced the bill and a handout was distributed.
Sherrie Hayashi, Commissioner, Utah Labor Commission, answered questions from the Committee.
MOTION: Sen. Davis moved to adjourn.
The motion passed unanimously, with Sen. Eastman absent for the vote.
Chair VanTassell adjourned the meeting at 9:50 a.m.
_________________________________
Sen. Kevin VanTassell, Committee Chair