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MINUTES OF THE HOUSE BUSINESS AND LABOR
STANDING COMMITTEE
Room 450, State Capitol, Utah State Capitol Complex
January 25, 2011

Members Present:    Rep. Jim Dunnigan, Chair
            Rep. Dixon Pitcher, Vice Chair
            Rep. Jim Bird        
            Rep. Jackie Biskupski            
            Rep. Derek Brown
            Rep. Susan Duckworth            
            Rep. Gage Froerer
            
Rep. Francis Gibson
            
Rep. Don Ipson             
            
Rep. Todd Kiser
            Rep. Brad Last
            Rep. Michael Morley            
            Rep. Curt Webb
            
Rep. Larry Wiley
             
Staff Present:    Bryant Howe, Assistant Director            
            Rosemary Young, Committee Secretary

Note:        List of visitors and a copy of handouts are filed with committee minutes .

Rep. Dunnigan called the meeting to order at 2:15 p.m. Committee members and staff introduced themselves.

Bryant Howe, Assistant Director, presented a house Business and Labor Standing Committee 2011 Overview. Rep. Dunnigan reviewed Selected House Standing Committee Procedures.

H.B. 187    State Fire Code Appeals (Rep. M. Morley)

MOTION:    Rep. Morley moved to amend H.B. 187 as follows:

1.    Page 2, Line 36 through Page 3, Line 60 :    

             36          (4)
{   (a) At the time or before a fire chief or officer inspects a single-family residence,

             37      the fire chief or officer shall provide the owner or builder of the single-family residence a
             38      written notice that states in at least 14-point font: "Decisions relative to this inspection are
             39      subject to review by the chief executive officer of the county, city, or town in which this


             40      single-family residence is located and appeal under the International Fire Code."  
}

             41          
{   (b)   }        (a)       Subject to Subsection (4)      {   (c)   }        (b)       , a county, city, or town shall, by ordinance, provide for

             42      review of an inspection conducted by the county's, city's, or town's fire chief or officer for a
             43      single-family residence
  within 30 days of the notice of the fire code compliance inspection       .

             44          
{   (c)   }        (b)       Upon request by a person who owns or is building a single-family residence, a chief

             45      executive officer of the county, city, or town in which is located the single-family residence, or
             46      the chief executive officer's designee, shall, with reasonable diligence, review an inspection
             47      described in Subsection (4)
{   (b)   }        (a)       to determine whether the inspection constitutes a fair

             48      administration of the State Fire Code.
             49          
{   (d)   }        (c)       A review described in this section:

             50          (i) is separate and unrelated to an appeal under the International Fire Code;
             51          (ii) may not be used to review a matter that may be brought by appeal under the
             52      International Fire Code;
             53          (iii) may not result in the waiver or modification of a State Fire Code requirement or
             54      standard; and
             55          (iv) does not prohibit a person from bringing an appeal under the International Fire
             56      Code.
             57          
{   (e)   }        (d)       A person who seeks a review described in this Subsection (4) may not be prohibited

             58      by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal
             59      under the International Fire Code on the grounds that the person raised the issue or brought the
             60      claim in the review described in this section.

The motion passed unanimously with Rep. Wiley absent for the vote.

Rep. Morley explained the bill to the committee. Craig Humphreys, President, Utah State Fire Marshalls Association, and Taz Biesinger, Utah Homebuilders Association, spoke in favor of the bill.


MOTION:    Rep. Ipson moved to transmit H.B. 187 with a favorable recommendation. The motion passed unanimously.

Rep. Dunnigan invited the fire marshalls present to introduce themselves and thanked them for their service.

H.B. 188    Labor Commission Related Amendments (Rep. M. Morley)

Rep. Morley explained the bill to the committee.

MOTION:    Rep. Froerer moved to transmit H.B. 188 with a favorable recommendation. The motion passed unanimously with Rep. Gibson and Rep. Wiley absent for the vote.

H.B. 209    Workers' Compensation Premium Assessment (Rep. M. Morley)

Rep. Morley, assisted by Alan Hennebold, Utah Labor Commission, explained the bill to the committee.

MOTION:    Rep. Last moved to transmit H.B. 209 with a favorable recommendation. The motion passed unanimously with Rep. Webb absent for the vote.

H.B. 43    Errors and Omissions Coverage for Insurance Producers (Rep. J. Bird)

Rep. Bird, assisted by Randy Overstreet, Utah Insurance Department, explained the bill to the committee. Neal Gooch, Insurance Commissioner, answered questions from the committee.

MOTION:    Rep. Bird moved to transmit H.B. 43 with a favorable recommendation. The motion passed unanimously with Rep. Biskupski, Rep. Froerer, and Rep. Webb absent for the vote.

MOTION:    Rep. Ipson moved to adjourn. The motion passed unanimously with Rep. Biskupski, Rep. Froerer, and Rep. Webb absent for the vote.

Rep. Dunnigan adjourned the meeting at 3:13 p.m.





                        ________________________________
                         Rep. James Dunnigan, Chair