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MINUTES OF THE HOUSE BUSINESS AND LABOR
STANDING COMMITTEE
Room 450, State Capitol
March 6, 2013

Members Present:    Rep. Jim Dunnigan, Chair
            Rep. Dixon Pitcher, Vice Chair
            Rep. Jake Anderegg
            Rep. Johnny Anderson
            Rep. Jim Bird                            
            Rep. Derek Brown
            Rep. Spencer Cox
            Rep. Susan Duckworth                        
            Rep. Gage Froerer             
            Rep. Dana Layton             
            Rep. Jeremy Peterson
            Rep. Marc Roberts
            Rep. Jon Stanard            
            Rep. Mark Wheatley
            Rep. Larry Wiley

Members Absent:    Rep. Brad Wilson
             
Staff Present:    Mr. Bryant Howe, Assistant Director            
            Ms. Rosemary Young, Committee Secretary

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

Chair Dunnigan called the meeting to order at 4:20 p.m.

MOTION:    Rep. Duckworth moved to approve the minutes of the March 5, 2013 meeting. The motion passed unanimously with Rep. Anderson, Rep. Froerer, and Rep. Peterson absent for the vote.

Chair Dunnigan relinquished the chair to Vice Chair Pitcher

H.B. 160    Health System Reform Amendments (Rep. J. Dunnigan)

MOTION:    Rep. Anderegg moved to replace H.B. 160 with 1st Substitute H.B. 160. The motion passed unanimously with Rep. Anderson absent for the vote.

MOTION:    Rep. Anderegg moved to amend 1st Sub. H.B. 160 as follows:

1.    Page 46, Line 1395 :    

             1395          (1) A stop-loss insurer shall demonstrate to the commissioner that the
  rates

associated with       specific and



2.    Page 46, Line 1417 :    

             1417      include the disclosure exhibit required by the
{   commission   }        commissioner       through administrative rule. The


3.    Page 47, Lines 1435 through 1436 :    

             1435          (6) assure the
{   levels of   }        rates associated with the       specific attachment points and aggregate attachment points

             1436     
{   retained by the small employer plans   } are actuarially sound and are not against the public


4.    Page 49, Lines 1484 through 1485 :    

             1484      reports in writing, and
  , if practicable,       in person if requested, to the Legislature's Business and Labor Interim

             1485      Committee [and if authorized], the Health Reform Task Force,
{   and   }        or       the legislative Executive

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

Rep. Dunnigan presented the bill to the committee assisted by Cathy Dupont of the Office of Legislative Research and General Counsel. Cherilyn Eagar, Association of American Physicians and Surgeons, and Judi Hilman, Utah Health Project, spoke in favor of the bill.

MOTION:    Rep. Bird moved to transmit 1st Sub. H.B. 160 with a favorable recommendation. The motion passed unanimously with Rep. Anderson and Rep. Cox absent for the vote.

MOTION:    Rep. Bird moved to place 1st Sub. H.B. 160 on the Consent Calendar. The motion passed unanimously with Rep. Anderson and Rep. Cox absent for the vote.

H.B. 404    Short Sale Amendments (Rep. M. Roberts)

MOTION:    Rep. Roberts moved to amend H.B. 404 as follows:

1.    Page 6, Line 167 :    

             167      mortgage at the time the trust deed was reconveyed or the mortgage was released.
  (7)    This section does not limit or modify the application of Section 57-1-33.1.      

The motion passed unanimously with Rep. Anderson and Rep. Cox absent for the vote.

Rep. Roberts explained the bill to the committee assisted by James Seaman, Utah Land Title Association, who then spoke in favor of the bill.

MOTION:    Rep. Froerer moved to transmit H.B. 404 with a favorable recommendation. The motion passed unanimously with Rep. Anderson absent for the vote.

H.B. 140    Consumer-focused Health Delivery and Payment Demonstration Project (Rep. S. Barlow)

MOTION:    Rep. Peterson moved to replace H.B. 140 with 1st Substitute H.B. 140. The motion passed unanimously with Rep. Anderson absent for the vote.

Rep. Barlow explained the bill to the committee. Michelle McOmber, Utah Medical Association, spoke in favor of the bill.

MOTION:    Rep. Layton moved to transmit 1st Sub. H.B. 140 with a favorable recommendation. The motion passed unanimously with Rep. Anderson and Rep. Froerer absent for the vote.

H.B. 169    Licensing Amendments (Rep. R. Edwards)

Rep. Edwards distributed a handout and presented the bill to the committee assisted by Prof. Letha Mark, Utah Association of Music Therapists. Maureen Hearns, Utah State University Music Therapy Program, and Alison Wendel, Utah Association of Music Therapists, spoke in favor of the bill. Connor Boyack, Libertas Institute, spoke in opposition to the bill.

MOTION:    Rep. Anderson moved to transmit H.B. 169 with a favorable recommendation. The motion failed with Rep. Anderson, Rep. Brown, Rep. Duckworth, Rep. Froerer, Rep. Peterson, Rep. Wheatley, and Rep. Pitcher voting in favor and Rep. Wiley absent for the vote.

2nd Sub. S.B. 190    Procurement Revisions (Sen. S. Jenkins)

MOTION:    Rep. Anderegg moved to replace 2nd Sub. S.B. 190 with 3rd Sub. S. B. 190. The motion passed unanimously with Rep. Wiley absent for the vote.

Sen. Jenkins presented the bill to the committee assisted by Kent Beers, Director of Purchasing and General Services, and Tom Vaughn, Office of Legislative Research and General Counsel. Sen. Jenkins declared a conflict of interest.

Tracy Taylor, Wasatch Taxpayers Association, and Gary Oliverson, citizen, spoke in opposition to the bill, and LeGrand Bitter, Utah Association of Special Districts, spoke in favor of the bill.

MOTION:    Rep. Froerer moved to transmit 3rd Sub. S.B. 190 with a favorable recommendation. The motion passed with Rep. Bird, Rep. Duckworth, Rep. Layton, Rep. Peterson, and Rep. Wiley voting in opposition.

H.B. 161    Product Liability Amendments (Rep. M. McKell)

MOTION:    Rep. Anderegg moved to amend H.B. 161 as follows:

1.    Page 1, Lines 11 through 13 :    

             11          This bill:
             12          .    requires an entity that
{   first sells or distributes   }        imports       foreign manufactured products to be

             13      subject to the same liability as the product's manufacturer.

2.    Page 1, Lines 24 through 27 :    

             24          78B-6-708. Foreign manufactured products.
             25          
  (1) For purposes of this section, "final product" means a product received by a retailer complete and ready to be sold to the public.

    (2)  
For        final       products, other than pharmaceuticals, that are manufactured outside of the United

             26      States, the
{   first entity that sells or distributes the product   }        importer of record       within the United States is subject to

             27      the same liability as the product's original manufacturer.

The motion passed unanimously.

Rep. McKell explained the bill to the committee assisted by Bob Gilchrist, Utah Association for Justice, and Jonathan Nish, J & M Innovative Products.

The following individuals spoke in opposition to the bill:

    Dave Davis        Utah Retail Merchants Association
    Todd Bingham    Utah Manufacturers Association
    Wesley Smith        Salt Lake Chamber of Commerce
    Anthony Kaye    attorney for Comcast

MOTION:    Rep. Brown moved to return H.B. 161 to the Rules Committee for interim study. The motion passed unanimously with Rep. Roberts absent for the vote.

H.B. 323    Health Insurance Prior Authorization (Rep. B. Last)

Rep. Last explained the bill to the committee.

MOTION:    Rep. Duckworth moved to transmit H.B. 323 with a favorable recommendation. The motion passed unanimously with Rep. Anderegg absent for the vote.

3rd Sub. S.B. 67    Consumer Protection Revisions (Sen. C. Bramble)

Sen. Bramble explained the bill to the committee.

MOTION:    Rep. Bird moved to transmit 3rd Sub. S.B. 67 with a favorable recommendation. The motion passed unanimously with Rep. Anderegg and Rep. Wheatley absent for the vote.

MOTION:    Rep. Bird moved to place 3rd Sub. S.B. 67 on the Consent Calendar. The motion passed unanimously with Rep. Anderegg and Rep. Wheatley absent for the vote.

1st Sub. S.B. 143    Mortgage and Financial Affairs Amendments (Sen. W. Harper)

This bill was not heard.

2nd Sub. S.B. 187    Food Handler Licensing Amendments (Sen. C. Bramble)

MOTION:    Rep. Anderson moved to amend 2nd Sub. S.B. 187 as follows:

1.    Page 3, Lines 60 through 61 :    

             60          (b) an exam, which requires a passing score of 75% and, except as provided in
             61      Subsection (11)
{   (b)   } , consists of:


2.    Page 3, Line 70 :    

             70          (B) passes the exam
  described in this Subsection (3) or an exam approved by the department in accordance with Subsection (11)       ; and


3.    Page 3, Lines 79 through 80 :    

             79          (b)
  (i)       A local health department may charge a food handler permit fee that is reasonable

             80      and that reflects the cost of managing the food safety program.
 

    (ii)    The department shall establish by rule the maximum amount a local health department may charge for the fee described in Subsection (4)(b)(i).  


The motion passed unanimously.

Sen. Bramble provided a handout and explained the bill to the committee.

MOTION:    Rep. Brown moved to transmit 2nd Sub. S.B. 187 with a favorable recommendation. The motion passed unanimously.

MOTION:    Rep. Anderson moved to place 2nd Sub. S.B. 187 on the Consent Calendar. The motion passed unanimously.

H.B. 153    Medicaid Amendments (Rep. R. Chavez-Houck)

Rep. Chavez-Houck provided handouts and introduced the bill to the committee assisted by Jeannie Edens, Salt Lake County Behavioral Health Services. Kris Fawson, Legislative Coalition of People with Disabilities, spoke to the bill.

The following individuals spoke in favor of the bill:

    Matt Slonaker        Utah Health Policy Project (handout)
    Jenn Gonnelly    Utah League of Women Voters
    Danny Harris        AARP

The following individuals spoke in opposition to the bill:
    
    Cherilyn Eagar    Association of American Physicians and Surgeons
    Jason Christensen    citizen

MOTION:    Rep. Wiley moved to proceed to the next item on the agenda. The motion passed unanimously.

H.B. 391    Nullification of the Patient Protection and Affordable Care Act (Rep. L. Perry)

Rep. Perry explained the bill to the committee assisted by James Mackley, Coalition to Nullify Obamacare.

MOTION:    Rep. Anderegg moved to replace H.B. 391 with 1st Substitute H.B. 391 under his name. The motion passed with Rep. Anderson, Rep. Bird, Rep. Duckworth, Rep. Layton, Rep. Wheatley, and Rep. Wiley voting in opposition.

The following individuals spoke in favor of the bill:

    Joe Wolverton     The New American Magazine
    Ken Ivory        Utah House of Representatives
    Candace Salima    Utah taxpayer
    Cherilyn Eagar    Association of American Physicians and Surgeons

The following individuals spoke in opposition to the bill:

    Judi Hilman        Utah Health Policy Project
    Lincoln Nehring    Voices for Utah Children
    Janida Emerson    Association for Utah Community Health

MOTION:    Rep. Roberts moved to hold 1st Sub. H.B. 391.

SUBSTITUTE MOTION:    Rep. Anderegg moved to transmit 1st Sub. H.B. 391 with a favorable recommendation. The motion passed with Rep. Anderson, Rep. Bird, Rep. Duckworth, Rep. Wheatley, Rep. Wiley, and Rep. Pitcher voting in opposition.

MOTION:    Rep. Layton moved to adjourn. The motion passed unanimously.

Chair Dunnigan adjourned the meeting at 8:23 p.m.

    







                        ________________________________
                         Rep. James Dunnigan, Chair