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STANDING COMMITTEE
MONDAY, FEBRUARY 11, 2008, 8:15 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: Taz Biesinger, Utah Home Builders Association
Craig Peterson, American Council of Engineering
Joey Gilbert, Vice President, Associated General Contractors
Dennis V. Lloyd, General Counsel, Workers' Compensation Fund
Francine Giani, Executive Director, Department of Commerce
Robert Wilde, Attorney, Veteran
Ken Parkinson, Attorney
Elizabeth Peck, Attorney
Dave Davis, Vice President, Utah Food Industry Association
Candace Daly, State Director, National Federation of Independent Business
Chris Kyler, Attorney, Utah Association of Realtors
Garth Jacobsen, CT Corporation
Kathy Berg, Director, Division of Corporations and Commercial Code, Department of Commerce
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair VanTassell called the meeting to order at 8:20 a.m.
Approval of Minutes
MOTION: Sen. Walker moved to approve the minutes of the February 7, 2008 meeting.
The motion passed unanimously with Sens. Davis, Eastman, and Hickman absent for the vote.
1. S.B. 225 Gubernatorial and Legislative Space in the Capitol (C. Bramble)
Sen. Bramble introduced the bill.
MOTION: Sen. Walker moved to pass the bill out favorably.
The motion passed unanimously with Sens. Davis, Eastman, and Hickman absent for the vote.
Sen. Walker assumed the Committee Chair
2. S.B. 220 Cause of Action for Defective Construction (C. Bramble)
Sen. Bramble introduced the bill and proposed the following amendments:
1. Page 1, Line 27 through Page 2, Line 36 :
27 (1) Except as provided in Subsection (2), an action for defective
design
or
construction is limited
28 to breach of the contract.
29 (2) An action for defective
design or
construction may include physical
property damage or
30 physical personal injury if the damage or injury is caused by the defective
design or
construction.
32 (a) the failure of construction to function as designed; or
33 (b) diminution of the value of the constructed property because of the defective
design or
34 construction.
35 (4) An action for defective
design or
construction may be brought only by a
person in privity of
36 contract with the original contractor
, architect, engineer,
or the real estate
developer.
MOTION: Sen. Hickman moved to adopt the amendments.
The motion passed unanimously with Sens. Eastman and VanTassell absent for the vote.
Taz Biesinger, Utah Home Builders Association; Craig Peterson, American Council of Engineering; and Joey Gilbert, Vice President, Associated General Contractors; spoke in support of the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably as amended.
The motion passed unanimously with Sens. Eastman and VanTassell absent for the vote.
3. S.B. 189 Independent Contractor Database (D. Eastman)
Sen. Eastman introduced the bill.
Dennis V. Lloyd, General Counsel, Workers' Compensation Fund further clarified the bill.
Francine Giani, Executive Director, Department of Commerce, spoke to the bill.
MOTION: Sen. Davis moved to pass the bill out favorably.
The motion passed unanimously with Sen. VanTassell absent for the vote.
4. S.B. 166 Nondiscrimination Amendments (S. McCoy)
Sen. McCoy introduced the bill and distributed 1st Sub. S.B. 166.
MOTION: Sen. Davis moved to adopt 1st Sub. S.B. 166.
The motion passed unanimously with Sen. VanTassell absent for the vote.
Robert Wilde, Attorney, Veteran; Ken Parkinson, Attorney; and Elizabeth Peck, Attorney; spoke in support of the bill.
Dave Davis, Vice President, Utah Food Industry Association; Candace Daly, State Director, National Federation of Independent Business; and Chris Kyler, Attorney, Utah Association of Realtors; spoke in opposition to the bill.
MOTION: Sen. Hickman moved to amend the bill as follows:
1. Page 3, Lines 62 through 63 :
62 (iv) a person employing
{
[
}
15
{
]
}
{
ten
}
or more employees within
the state for each working
63 day in each of 20 calendar weeks or more in the current or preceding calendar year.
The motion passed unanimously.
MOTION: Sen. Davis moved to pass the bill out favorably as amended.
The motion passed unanimously.
Sen. VanTassell resumed the Committee Chair.
5. S.B. 88 Uniform Model Registered Agent Act (L. Hillyard)
Sen. Hillyard introduced the bill.
Garth Jacobsen, CT Corporation, and Kathy Berg, Director, Division of Corporations and Commercial Code, Department of Commerce, spoke in support of the bill.
MOTION: Sen. Walker moved to pass the bill out favorably.
The motion passed unanimously.
MOTION: Sen. Hickman moved that the bill be placed on the Consent Calendar.
The motion passed unanimously.
6. S.B. 205 Uniform Interstate Depositions and Discovery Act (L. Hillyard)
Sen. Hillyard introduced the bill.
MOTION: Sen. Hickman moved to pass the bill out favorably.
The motion passed unanimously.
MOTION: Sen. Davis moved to adjourn.
The motion passed unanimously.
Chair VanTassell adjourned the meeting at 9:52 a.m.
_________________________________
Sen. Kevin VanTassell, Committee Chair