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MINUTES OF THE SENATE BUSINESS & LABOR STANDING COMMITTEE

         MONDAY, JANUARY 31, 2011
ROOM 215, SENATE BUILDING



Members Present:    Sen. John Valentine, Chair
        Sen. David Hinkins
        Sen. Kevin VanTassell
        Sen. Gene Davis
        Sen. Karen Mayne

Members Absent:    Sen. Curt Bramble
         Sen. Dan Liljenquist
        Sen. Steve Urquhart

Staff Present:    Bryant R. Howe, Assistant Director
        Karen Allred, Committee Secretary
        
Public Speakers Present:     Brent Halladay, Acting State Fire Marshall
        Frank Pignanelli, Winco Fireworks
        Mike Denning, General Manager, Winco Fireworks of Utah
        David Davis, President, Utah Food Industry Association/Utah Retail         Merchants Association
    
A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Valentine called the meeting to order at 4:20 p.m. and announced that, at the request of the sponsors, S.B. 128 Regulatory Amendments (C. Bramble), S.B. 109 Child Protection Registry Amendments, and H.B.194 Service Contracts Act Amendments (J. Anderson) would not be heard today.

Approval of Minutes

    MOTION:
Sen.Van Tassell moved to approve minutes of the January 26 and 27, 2011,     meetings.

    The motion passed unanimously.

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

    
Rep. Morley explained the bill.

    Sen. Mayne proposed the following amendment:

1.    Page 2, Lines 43 through 46 :    

             43          [(2)] (3) The rules made under this section shall
  protect the rights of the parties

and       include procedures to:


             44          (a) dispose of [cases] a case informally[,] or [to] expedite claims adjudication[,];
             45          (b) narrow issues[,]; and
             46          (c) simplify the methods of proof at [hearings] a hearing.
    
     MOTION: Sen. Mayne moved to adopt the amendment.

    The motion passed unanimously.

     MOTION: Sen. Mayne moved to transmit H.B. 188 with a favorable recommendation.

    The motion passed unanimously.

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

    
Rep. Morley explained the bill.

     MOTION: Sen. Davis moved to transmit H.B. 209 with a favorable recommendation.

    The motion passed unanimously.

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

    Rep. Bird explained the bill.

    The following amendment was proposed:

1.    Page 8, Lines 231 through 235 :    

             231          (5) Notwithstanding the other provisions of this section, a resident individual producer
             232      is exempt from the requirement to maintain coverage as provided in this section during a
             233      period in which the resident individual producer is not either:
             234          (a) appointed by an insurer under this title; or
             235          (b) designated by an agency under this title.
  (6) A limited lines producer is exempt from this section.      

        
     MOTION: Sen. Van Tassell moved to adopt the amendment.

    The motion passed unanimously.



    
    Sen. Van Tassell declared a conflict of interest.

     MOTION: Sen. Van Tassell moved to transmit H.B. 43 with a favorable recommendation.

    The motion passed unanimously.

MOTION: Sen. Hinkins moved to saunter. The motion passed unanimously.

Chair Valentine called the meeting back to order at 4:50 p.m.

4.     H.B. 22 Fire Prevention and Fireworks Act Amendments (J. Dunnigan)

    Rep. Dunnigan explained the bill.

    Sen. Hinkins offered the following amendment:

    Insert on Line 165: (1) All storage and sales of fireworks in Utah shall be in compliance with     National Fire Protectioon Association 1124, Code for the Manufacture, Transportation,     Storage and Retail Sales of Fireworks and Pyrotechnic Articles (2006 Edition).

     MOTION: Sen. Hinkins moved to adopt the amendment.

    Rep. Dunnigan spoke against the amendment.

    Brent Halladay, Acting State Fire Marshall, spoke to the amendment and     answered questions from the committee.

    Frank Pignanelli, Winco Fireworks, spoke in support of the amendment.

    Mike Denning, General Manager, Winco Fireworks of Utah, spoke in support of the     amendment.

    Dave Davis, President, Utah Food Industry Association/Utah Retail Merchants Association     spoke against the amendment.

    Sen. Hinkins withdrew his motion.

     MOTION: Sen. Hinkins moved to transmit H.B. 22 with a favorable recommendation.

    The motion passed unanimously.



MOTION: Sen. Davis moved to adjourn.

    The motion passed unanimously.

    Chair Valentine adjourned the meeting at 5:24 p.m.



    
_________________________________

Sen. John Valentine, Committee Chair