Link to Zipped WordPerfect Minutes 19K bytes
STANDING COMMITTEE
Room 450, State Capitol, Utah State Capitol Complex
March 2, 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 4:27 p.m.
MOTION: Rep. Webb moved to approve the minutes of the March 1, 2011 meeting. The motion passed unanimously with Rep. Bird, Rep. Brown, Rep. Duckworth, Rep. Gibson, Rep. Morley, and Rep. Pitcher absent for the vote.
H.B. 289 Psychologist Licensing Amendments (Rep. M. Newbold)
MOTION: Rep. Froerer moved to amend H.B. 289 as follows:
1. Page 2, Line 28 :
28 AMENDS:
2. Page 2, Line 40 :
40 Be it enacted by the Legislature of the state of Utah:
58-1-301.5 . Division access to Bureau of Criminal Identification records.
(1) The division shall have direct access to criminal background information
maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2,
Bureau of Criminal Identification, for background screening of licensure applicants as
required in:
applicant
this section does not apply
{
the bond shall be exonerated without motion
.
(a) Section
58-17b-307
of Title 58, Chapter 17b, Pharmacy Practice Act;
(b) Section
58-31b-302
of Title 58, Chapter 31b, Nurse Practice Act;
(c) Section
58-47b-302
of Title 58, Chapter 47b, Massage Therapy Practice Act;
(d) Section
58-55-302
of Title 58, Chapter 55, Utah Construction Trades
Licensing Act, as it applies to alarm companies and alarm company agents;
(e) Section
58-63-302
of Title 58, Chapter 63, Security Personnel Licensing Act;
and
}
(f) Section
58-64-302
of Title 58, Chapter 64, Deception Detection Examiners
Licensing Act
.
}
; and
(g) Section 58-61-702, of Title 58, Chapter 61, Part 7, Prescriptive Authority
for Licensed Psychologists.
(2) The division access under Subsection (1) shall be:
(a) in accordance with Section
53-10-108
; and
(b) to all convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
held in abeyance, all dismissed charges, and charges without a known disposition.
Renumber Remaining Sections accordingly
3. Page
4, Lines 103 through 104
:
103
(d) completes a criminal background check
as
104
required by Subsections (3) and (4)
}
;
4. Page
5, Lines 127 through 141
:
127
(3) To determine if an applicant meets the qualifications of Subsection
(1)(c) or (d), the
128
division shall provide an appropriate number of copies of fingerprint cards to the
Department
129
of Public Safety with the division's request to:
130
(a) conduct a search of records of the Department of Public Safety for criminal
history
131
information relating to each applicant for certification under this part; and
132
(b) forward to the Federal Bureau of Investigation a fingerprint card of each
133
requiring a check of records of the FBI for criminal history information under this
section.
134
(4) The Department of Public Safety shall send to the division:
135
(a) a written record of criminal history, or certification of no criminal history
record, as
136
contained in the records of the Department of Public Safety in a timely manner after
receipt of
137
a fingerprint card from the division and a request for review of Department of
Public Safety
138
records; and
139
(b) the results of the FBI review concerning an applicant in a timely manner
after
140
receipt of information from the FBI.
141
(5)
}
5. Page
5, Line 146
:
146
(6)
}
(4)
Information obtained by the division from the reviews of criminal
history records of
The motion passed unanimously with Rep. Gibson, Rep. Ipson, and Rep. Morley absent for the
vote.
Rep. Newbold distributed a handout and explained the bill to the committee assisted by Morgan
Sammons, Utah Psychological Association, Elaine LeVine, PhD, New Mexico licensed
psychologist, and Dr. Kirk Dansie, Utah licensed psychologist.
The following individuals spoke against the bill:
Howard Weeks, M.D. Psychiatrist
Sherri Wittwer National Association of Mental Illness Utah
Louis Moench, M.D. Psychiatrist
Jennifer Brinton, M.D. Pediatrician, UAAP
Ellois Bailey, R.N. American Psychiatric Nurses Association
Grace Forsythe, R.N. Psych APRN Council
Michelle McOmber Utah Medical Association (handout)
Lindsay Malechek, M.D. Utah Academy of Family Physicians
MOTION: Rep. Last moved to continue to the next item on the agenda.
SUBSTITUTE MOTION: Rep. Biskupski moved to transmit H.B. 289 with a favorable
recommendation. The motion failed with Rep. Biskupski and Rep. Wiley voting in favor and
Rep. Brown absent for the vote.
The original motion passed unanimously with Rep. Brown absent for the vote.
H.B. 482 Long-term Care Facility - Medicaid Certification for Bed Capacity
Amendments (Rep. E. Hutchings)
MOTION: Rep. Wiley moved to replace H.B. 482 with 1st Substitute H.B. 482. The motion
passed unanimously with Rep. Brown and Rep. Last absent for the vote.
Rep. Hutchings explained the bill to the committee.
MOTION: Rep. Duckworth moved to transmit H.B. 482 with a favorable recommendation.
The motion passed with Rep. Kiser voting in opposition and Rep. Brown and Rep. Last absent
for the vote.
H.B. 158 Coordination Between State and Local Government on Federal Regulations
(Rep. C. Herrod)
Rep. Herrod explained the bill to the committee.
MOTION: Rep. Bird moved to amend H.B. 158 as follows:
1. Page
2, Lines 33 through 34
:
33
(2) "Federal agency" means
34
(a)
2. Page
2, Line 38
:
38
[(2)] (3) "Office" means the Public Lands
and Federal
}
Policy Coordinating
Office
3. Page
2, Line 48
:
48
(1) There is created within state government the Public Lands
and Federal
}
Policy
4. Page
4, Line 103
:
103
[(f)] (h) maintain information concerning grants made under Subsection
(1)[(h)]
(i)
}
j
, if
The motion passed unanimously with Rep. Brown, Rep. Duckworth, Rep. Gibson, and Rep. Last
absent for the vote.
MOTION: Rep. Froerer moved to transmit 1st Substitute H.B. 158 with a favorable
recommendation. The motion passed unanimously with Rep. Brown, Rep. Duckworth, Rep.
Gibson, Rep. Last, and Rep. Pitcher absent for the vote.
MOTION: Rep. Bird moved to place 1st Sub. H.B. 158 on the Consent Calendar. The
motion failed with Rep. Wiley voting in opposition and Rep. Brown, Rep. Duckworth, Rep.
Gibson, Rep. Last, and Rep. Pitcher absent for the vote.
H.B. 496 Technology and Life Science Economic Development Act (Rep. D. Clark)
MOTION: Rep. Biskupski moved to replace H.B. 496 with 1st Substitute H.B. 496. The
motion passed unanimously with Rep. Brown, Rep. Gibson, Rep. Last, and Rep. Pitcher absent
for the vote.
Rep. Clark distributed a handout and explained the bill to the committee. Kelvyn Cullimore ,
Dynatronics, Corp. , Jason Dunn, IM Flash, and Brice Arave, IM Flash, spoke in favor of the bill.
MOTION: Rep. Kiser moved to transmit 1st Substitute H.B. 496 with a favorable
recommendation. The motion passed with Rep. Morley voting in opposition and Rep. Brown,
Rep. Gibson, Rep. Last, and Rep. Pitcher absent for the vote.
H.B. 260 Mechanics' Liens Revisions (Rep. D. Clark)
MOTION: Rep. Webb moved to replace H.B. 260 with 1st Substitute H.B. 260. The motion
passed unanimously with Rep. Brown, Rep. Gibson, Rep. Last, and Rep. Pitcher absent for the
vote.
MOTION: Rep. Ipson moved to amend 1st Substitute H.B. 260 as follows:
1. Page
2, Line 45
:
45
38-9-2, as last amended by Laws of Utah 2008, Chapters 3 and 223
}
2. Page
3, Lines 75 through 79
:
75
agent as prescribed by Section
[
}
38-1-32
{
]
}
{
38-1-32.5
}
, except that
:
76
(a)
}
to a person performing labor for wages
; or
}
.
77
(b) if a notice of commencement is not filed as prescribed in Section
[
38-1-31
]
78
38-1-31.5
for the project or improvement for which labor, service, equipment, or
material is
79
furnished.
}
3. Page
5, Line 119
:
119
(b)
A
}
Notwithstanding the time a lien relates back to and takes effect
as of under Subsection (2), a
recorded mortgage or trust deed on the project property
to secure a construction
4. Page
6, Lines 169 through 173
:
169
(c) provide a central repository for [notices of commencement,]
:
170
(i) preliminary notices[,] and notices of completion filed in connection with all
171
[privately owned construction] private projects [as well as] in the state; and
172
(ii) notices of commencement, preliminary notices, and notices of completion
for all
173
[state and local] government [owned construction] projects [throughout Utah] in the
state
}
5. Page
6, Line 176 through Page 7, Line 181
:
176
(i) the filing and reviewing of
:
177
[(i)] (A) notices of commencement on a government project;
178
[(ii)] (B) preliminary notices;
179
[(iii)] (C) [a notice] notices of intent to file notice of final completion;
180
[(iv)] (D) [a notice] notices for remaining amounts due to complete the
contract; and
181
[(v)] (E) notices of completion
}
6. Page
8, Lines 223 through 231
:
223
(i)
a notice of commencement on a government project;
224
(ii) a preliminary notice;
225
(iii) a notice of intent to file notice of final completion;
226
(iv) a notice for remaining amounts due to complete the contract;
227
(v) a notice of completion
}
228
(vi)
}
(ii)
a request for notice;
229
(vii)
}
(iii)
providing a required notice by an alternate
{
method of
delivery
}
filing
;
230
(viii)
}
(iv)
a duplicate receipt of a filing; and
231
(ix)
}
(v)
account setup for a person who wishes to be billed periodically
for filings with the
7. Page
18, Lines 531 through 535
:
531
(d) A preliminary notice filed for labor, service, equipment, or material
furnished to
532
real property for a private project under an original contract is not valid for labor,
service,
533
equipment, or material furnished to the same real property for another private
project under a
534
separate original contract.
}
535
[
}
(d)
{
]
}
{
(e)
}
(i) (A) [If a] A person who [is required to file a
preliminary notice under this
8. Page
18, Line 545
:
545
(f)
}
(e)
A preliminary notice that is timely filed with the database with
respect to a private
9. Page
18, Line 548
:
548
(g)
}
(f)
If a preliminary notice filed with the database includes the tax
parcel identification
10. Page
19, Line 556
:
556
(h)
}
(g)
A preliminary notice for a private project shall include:
11. Page
25, Lines 743 through 756
:
743
Section 13.
Section
38-9-2
is amended to read:
744
38-9-2. Scope.
745
(1) (a) The provisions of Sections
38-9-1
,
38-9-3
,
38-9-4
, and
38-9-6
apply to any
746
recording or filing or any rejected recording or filing of a lien pursuant to this
chapter on or
747
after May 5, 1997.
748
(b) The provisions of Sections
38-9-1
and
38-9-7
apply to all liens of record
regardless
749
of the date the lien was recorded or filed.
750
(c) Notwithstanding Subsections (1)(a) and (b), the provisions of this chapter
751
applicable to the filing of a notice of interest do not apply to a notice of interest filed
before
752
May 5, 2008.
753
(2) The provisions of this chapter shall not prevent a person from filing a lis
pendens in
754
accordance with Section
78B-6-1303
or seeking any other relief permitted by law.
755
[(3) This chapter does not apply to a person entitled to a lien under Section
38-1-3
who
756
files a lien pursuant to Title 38, Chapter 1, Mechanics' Liens.]
}
The motion passed unanimously with Rep. Brown, Rep. Gibson, Rep. Last, and Rep. Pitcher
absent for the vote.
Rep. Clark explained the bill to the committee. Rich Thorn, Associated General Contractors,
spoke to the bill. The following individuals spoke in favor of the bill:
Tom Hatch Utah Land Title Association
Matt Sager First American Title
Taz Biesinger Utah Homebuilders Association
Howard Headlee Utah Bankers Association
The following individuals spoke against the bill:
Rob Campbell Wheeler Construction
Darrel Bostwick ABC Chapter Counsel
Scott Barrett Staker and Sorensen Companies
MOTION: Rep. Bird moved to return 1st Substitute H.B. 260 to rules for interim study.
SUBSTITUTE MOTION: Rep. Morley moved to transmit 1st Substitute H.B. 260 with a
favorable recommendation. The motion passed with Rep. Bird, Rep. Biskupski, Rep. Brown,
Rep. Duckworth, Rep. Kiser, and Rep. Dunnigan voting in opposition.
H.B. 430 Barber, Cosmetologist/barber, Esthetician, Electrologist, and Nail
Technician Licensing Act Amendments (Rep. H. Richardson)
MOTION: Rep. Biskupski moved to amend H.B. 430 as follows:
1. Page
9, Lines 256 through 259
:
256
(a) the person has completed an eyelash extension application training and
certification
257
program; and
258
(b) the practice of eyelash extension application
259
is engaged without a license.
The motion passed unanimously with Rep. Duckworth, Rep. Gibson, and Rep. Morley absent for
the vote.
Rep. Richardson explained the bill to the committee assisted by Brian Greene, attorney for the
eyelash industry.
The following individuals spoke in favor of the bill:
Amelia Meneses Eyelash Industry
Tiffany Durfee Eyelash Industry
Laura Mitchell Eyelash Industry
The following individuals spoke against the bill:
Brenda Scharman Utah Beauty School Association
Wendy Merrill Utah Beauty Schools
Natalie Parkin Skinworks
MOTION: Rep. Pitcher moved to transmit H.B. 430 with a favorable recommendation. The
motion failed with Rep. Biskupski, Rep. Brown, Rep. Gibson, Rep. Last, Rep. Morley, and Rep.
Pitcher voting in favor and Rep. Duckworth absent for the vote.
H.B. 304 Campaign Finance Revisions (Rep. G. Hughes)
Rep. Hughes explained the bill to the committee.
MOTION: Rep. Ipson moved to transmit H.B. 304 with a favorable recommendation. The
motion passed unanimously with Rep. Duckworth and Rep. Kiser absent for the vote.
MOTION: Rep. Gibson moved to place H.B. 204 on the Consent Calendar. The motion
passed unanimously with Rep. Duckworth and Rep. Kiser absent for the vote.
H.B. 370 Bail Bond Amendments (Rep. G. Hughes)
MOTION: Rep. Ipson moved to amend H.B. 370 as follows:
1. Page
1, Line 17
:
17
. provides that bail will be exonerated in
2. Page
2, Lines 51 through 52
:
51
(4)
A person
}
An individual
who is applying for licensure under this
chapter for the first time shall
52
have completed a training program of not less than four hours that is approved by the
board
}
commissioner
and
3. Page
3, Line 71
:
71
to and including the surrender of the defendant
in execution of any sentence
imposed
}
for sentencing,
4. Page
3, Lines 73 through 75
:
73
appear up to
and including execution of sentence
}
the sentencing
when
required is a breach of the conditions of
74
the undertaking or bail and subjects it to forfeiture
irrespective
}
regardless
of whether or not notice of
75
appearance was given to the sureties
5. Page
3, Lines 84 through 85
:
84
undertaking
during all proceedings and for all court appearances required of the
defendant up
85
to and including the next execution of sentence imposed under Subsection
[
77-20-7
](1)
}
6. Page
4, Lines 110 through 112
:
110
[
}
(d) ensure that the name, address, and telephone number of the surety
or its agent as
111
listed on the bond is stated on the bench warrant.
]
}
112
(d)
}
(e)
mail notice of the failure to appear to the bail producer's agent if
the surety is
The motion passed unanimously with Rep. Duckworth, Rep. Kiser, and Rep. Pitcher absent for
the vote.
Rep. Hughes explained the bill to the committee. Suzette Green-Wright, Utah Insurance
Department spoke in favor of the bill.
MOTION: Rep. Ipson moved to transmit H.B. 370 with a favorable recommendation. The
motion passed with Rep. Brown voting in opposition and Rep. Biskupski, Rep. Duckworth, and
Rep. Last absent for the vote.
H.B. 113 Deferred Deposit Lending Amendments (Rep. B. Daw)
Rep. Daw explained the bill to the committee assisted by David Young, a businessman from
Utah County. Wendy Gibson, Check City, spoke against the bill. Linda Hilton, Coalition of
Religious Communities, spoke in favor of the bill.
MOTION: Rep. Pitcher moved to transmit H.B. 113 with a favorable recommendation. The
motion failed with Rep. Bird, Rep. Duckworth, Rep. Last, and Rep. Pitcher voting in favor and
Rep. Biskupski absent for the vote.
MOTION: Rep. Duckworth moved to adjourn. The motion passed unanimously with Rep.
Biskupski absent for the vote.
Rep. Dunnigan adjourned the meeting at 8:55 p.m.
________________________________
Rep. James Dunnigan, Chair