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STANDING COMMITTEE
Room 450, State Capitol, Utah State Capitol Complex
February 10, 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 4:08 p.m.
MOTION: Rep. Kiser moved to approve the minutes of the February 9, 2011 meeting. The motion passed unanimously.
H.B. 73 Motor Carrier Transportation Contract Indemnity Agreements (Rep. D. Ipson)
Rep. Ipson explained the bill to the committee assisted by Dan England, C. R. England Trucking. Dale Ipson, Utah Trucking Association, and Rob Jolley, Utah Trucking Association, spoke in favor of the bill. Lee Peacock, Utah Petroleum Association, and Shelly Teuscher, Tesoro, spoke against the bill.
MOTION: Rep. Kiser moved to transmit H.B. 73 with a favorable recommendation. The motion passed with Rep. Morley voting in opposition.
H.B. 91 Real Estate Related Amendments (Rep. G. Froerer)
MOTION: Rep. Froerer moved to replace H.B. 91 with 1st Substitute H.B. 91. The motion passed unanimously.
MOTION: Rep. Froerer moved to amend H.B. 91 as follows:
1. Page 2, Line 33 :
33
{
. addressing adherence to standards;
}
2. Page 4, Line 90 :
90
{
61-2e-302, as enacted by Laws of Utah 2009, Chapter 269
}
3. Page 63, Line 1937 through Page 64, Line 1950 :
1937
{
Section 29.
Section
61-2e-302
is amended to read:
1938 61-2e-302. Adherence to standards.
1939 (1) An appraisal management company required to be registered under this chapter
1940 shall have a system in place to review the work of an appraiser who performs a real estate
1941 appraisal activity for the appraisal management company on a periodic basis to ensure that a
1942 real estate appraisal activity is conducted in accordance with applicable appraisal standards.
1943 (2) As part of the registration process under Part 2, Registration, an appraisal
1944 management company shall biennially provide an explanation of the system described in
1945 Subsection (1) in the form prescribed by the division.
1946 (3) The board may make rules, made in accordance with Title 63G, Chapter 3, Utah
1947 Administrative Rulemaking Act, as necessary to implement the requirements of 15 U.S.C. Sec.
1948 1639e(i), except that the rules may not apply to an appraisal management company that is a
1949 subsidiary owned and controlled by a financial institution regulated by a federal financial
1950 institution regulatory agency. }
Renumber Remaining Sections Accordiningly
The motion passed unanimously with Rep. Ipson and Rep. Morley absent for the vote.
Rep. Froerer explained the bill to the committee assisted by Deanna Sabey, Director, Division of Real Estate, who distributed a handout.
MOTION: Rep. Duckworth moved to transmit 1st Substitute H.B. 91 with a favorable recommendation. The motion passed with Rep. Bird voting in opposition and Rep. Ipson absent for the vote.
Rep. Dunnigan relinquished the chair to Rep. Bird.
H.B. 256 Children's Health Insurance and Medicaid Administrative Simplification (Rep. J. Dunnigan)
MOTION: Rep. Ipson moved to replace H.B. 256 with 1st Substitute H.B. 256. The motion passed with Rep. Gibson voting in opposition and Rep. Froerer and Rep. Morley absent for the vote.
Rep. Dunnigan explained the bill to the committee assisted by Lincoln Nehring, Voices for Utah Children. Elizabeth Garbe, United Way of Salt Lake, and Justin Allen, Premier Access, spoke in favor of the bill.
MOTION: Rep. Kiser moved to transmit 1st Substitute H.B. 256 with a favorable recommendation. The motion passed with Rep. Gibson voting in opposition and Rep. Morley absent for the vote.
Rep. Dunnigan resumed the chair.
H.B. 115 Mechanics' Liens Amendments (Rep. M. Morley)
MOTION: Rep. Morley moved to replace H.B. 115 with 1st Substitute H.B. 115. The motion passed unanimously with Rep. Duckworth and Rep. Last absent for the vote.
Rep. Morley explained the bill to the committee. The following individuals spoke in favor of the bill:
Bruce Reading American Institute of Architects
Howard Headlee Utah Bankers Association
Darrel Bostwick Bostwick & Price, P.C.
Rich Thorn Associated General Contractors of Utah
MOTION: Rep. Wiley moved to transmit 1st Substitute H.B. 115 with a favorable recommendation. The motion passed unanimously with Rep. Last absent for the vote.
MOTION: Rep. Bird moved to adjourn. The motion passed unanimously with Rep. Last absent for the vote.
Rep. Dunnigan adjourned the meeting at 5:57 p.m.
________________________________
Rep. James Dunnigan, Chair