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MINUTES OF THE SENATE BUSINESS & LABOR STANDING COMMITTEE

         Room 215 Senate Building
March 4, 2013


Members Present:        Sen. Curtis S. Bramble, Chair
            Sen. Gene Davis
            Sen. Deidre M. Henderson
            Sen. David P. Hinkins
            Sen. Karen Mayne
            Sen. John L. Valentine
            Sen. Todd Weiler

Staff Present:        Mr. Bryant R. Howe, Assistant Director
            Ms. Karen Allred, Committee Secretary

A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Bramble called the meeting to order at 4:35 p.m.

Approval of Minutes

MOTION: Sen. Davis moved to approve the minutes of March 1, 2013. The         motion passed unanimously with Sens. Mayne, Valentine and Weiler absent
        for the vote.

S.B. 237 Taxation of Short-term Lodging (J. S. Adams)

MOTION: Sen. Davis moved to amend the bill as follows:

1.    Page 157, Lines 4834 through 4844 :    

             4834      possession, use, or occupancy of the short-term lodging;
             4835          (C) remit to the commission
  , by electronic means in a manner prescribed by the commission,       the tax      {   described in Subsection (3)(i)(i)(A)   }        due       on the

             4836      short-term lodging intermediary charge; and
             4837          (D) remit to the short-term lodging operator the tax due on the short-term lodging
             4838      operator charge;
             4839          (ii) the short-term lodging operator shall
  , by electronic means in a manner prescribed by the commission,       remit to the commission the tax due on the

             4840      short-term lodging operator charge;
             4841          (iii) the commission may not require:
             4842          (A) a short-term lodging operator to remit a tax on a short-term lodging intermediary
             4843      charge that was not remitted to the
{   short-term lodging operator   }        commission       by the short-term lodging

             4844      intermediary; or


The motion passed unanimously with Sens. Mayne, Valentine and Weiler absent for the vote.

Sen. Adams introduced and explained the bill.

Spoke in support of the bill: Bruce Johnson, Commissioner, Utah Tax Commissioner
                 Roger Tew, Attorney, Lobbyist, Utah League of Cities and Towns
                 Jordan Garn, Utah Hotel & Lodging Association

MOTION: Sen. Hinkins moved to transmit S.B. 237 favorably as amended. The motion passed      unanimously with Sens. Mayne, Valentine and Weiler absent for the vote.

H.B. 202 Energy Conservation Code Amendments (B. Wilson)

MOTION: Sen. Henderson moved to amend the bill as follows:

1.    Page 1, Lines 17 through 18 :    

             17      Other Special Clauses:
             18          This bill
{   takes effect on July 1, 2013   }        provides a contingent effective date       .


2.    Page 3, Lines 70 through 73 :    

             70          (2) In IRC, Section N1101.14 (R303.3), all wording after the first sentence is deleted.
             71          (3) In IRC, Table N1102.1.1
{   (402.1.1)   }        (R402.1.1)       and Table N1102.1.3 (R402.1.3), the rows for

             72      "climate zone 3", "climate zone 5 and Marine 4", and "climate zone 6" are deleted and replaced
             73      and a new footnote j is added as follows:

3.    Page 4, Lines 106 through 108 :    

             106          (11) In IRC, Section N1102.4.4 (R402.4.4), the last sentence is deleted.
             107          (12) In IRC, Section N1103.2.2 (R403.2.2), the requirements for
{   duct tightness   }        total leakage       testing

             108      are deleted and replaced with the following:

4.    Page 5, Lines 119 through 122 :    

             119          (13) In IRC, Section N1103.2.2 (R403.2.2), the exception for
{   duct

tightness   }        total leakage       testing is


             120      deleted and replaced with the following: "Exception: The total leakage test is not required for
             121      systems with all air handlers and at least 50% of all ducts (measured by length) located entirely
             122      within the building thermal envelope."

5.    Page 6, Lines 153 through 155 :    

             153          (19) In Table N1105.5.2(2) (R405.5.2(2)), the number "0.80" is inserted under "Forced
             154      air systems" for "Distribution system components located in unconditioned space".
             155          (20) In IRC, Section M1307.2, the words "In Seismic Design Categories D1 and D2"
      (21)The RESCheck Software adopted by the United States Department of Energy and modified to meet the requirements of this section shall be used to verify compliance with this section. The software shall address the Total UA alternative approach and account for Equipment Efficiency Trade-offs when applicable per the standard reference design as amended.


 

6.    Page 10, Lines 267 through 268
    House Committee Amendments
    2-21-2013 :    

             267          (22) In IECC, Table R405.5.2(2), the number "0.80" is inserted under "Forced air
             268      systems" for "Distribution system components located in unconditioned space".
    
  (23)The RESCheck Software adopted by the United States Department of Energy and modified to meet the requirements of this section shall be used to verify compliance with this section. The software shall address the Total UA alternative approach and account for Equipment Efficiency Trade-offs when applicable per the standard reference design as amended.      


7.    Page 10, Lines 276 through 277
    House Committee Amendments
    2-21-2013 :    

             276          Section 5.
  Contingent            {   Effective   }        effective       date.

             277          
{   This bill takes effect on July 1, 2013.   }        This bill takes effect on the first day of the month following the month in which the Uniform Building Code Commission certifies in writing to the Business and Labor Interim Committee that

the United States Department of Energy has adopted a version of the RESCheck software that can be used to verify compliance to the requirements of this bill.      



The motion passed unanimously with Sens. Mayne, Valentine and Weiler absent for the vote.

Rep. Wilson introduced and explained the bill and a handout was distributed.

MOTION: Sen. Hinkins moved to transmit H.B. 202 favorably as amended. The motion      passed unanimously with Sens. Mayne, Valentine and Weiler absent for the vote.

MOTION Sen. Hinkins moved to place H.B. 202 as amended on the Consent Calendar. The      motion passed unanimously with Sens. Mayne, Valentine and Weiler absent for the      vote.

H.B. 310 Construction Code Amendments (B. Wilson)

Rep. Wilson introduced and explained the bill.

MOTION: Sen. Davis moved to transmit H.B. 310 favorably. The motion passed unanimously      with Sens. Mayne, Valentine and Weiler absent for the vote.

S.B. 256 Preconstruction and Construction Liens Amendments (S. Jenkins)

Sen. Jenkins introduced and explained the bill.

MOTION: Sen. Davis moved to transmit S.B. 256 favorably. The motion passed unanimously      with Sens. Mayne, Valentine and Weiler absent for the vote.

MOTION: Sen. Hinkins moved to place S.B. 256 on the Consent Calendar. The motionpassed      unanimously with Sens. Mayne, Valentine and Weiler absent for the vote.

S.B. 249 Salvage and Nonrepairable Vehicle Amendments (S. Urquhart)

Sen. Urquhart introduced and explained the bill.

Spoke in favor of the bill: Wayne Jones, Executive Director, Used Car Dealers Association
             Gary Thorup, Attorney
                Robert Lowe, Insurance Auto Auction
                 Candace Daly, Lobbyist
         Holly Richardson, Holly On The Hill

MOTION: Sen. Henderson moved to transmit S.B. 249 favorably. The motion passed         unanimously with Sens. Davis, Mayne and Weiler absent for the vote.

S.B. 261 Amendments Related to Alcoholic Beverage Control (J. Valentine)

 MOTION: Sen. Valentine moved to amend the bill as follows:

1.    Page 38, Lines 1165 through 1167 :    

             1165          (11) (a) The commission shall impose, at a minimum, the following penalties for a
             1166      violation related to service of an alcoholic product to a minor:
             1167          (i) for a first violation
{   ,   }        :

(A)  
a mandatory minimum fine of      {   $3,000   }        $2,500       ;        and      

  (B) mandatory training under Chapter 5, Part 4, Alcohol Training and Education Act. of anyone who is required to be trained under Chapter 5, Part 4, but who has completed the training more than 11 months before the day on which the fine described in Subsection (11)(a)(i)(A) is imposed;      


The motion passed unanimously with Sens. Davis, Mayne and Weiler absent for the vote.

Sen. Valentine introduced and explained the bill and answered questions from the committee.

Chair Bramble relinquished the Chair to Sen. Henderson.

MOTION: Sen. Valentine moved to transmit S.B. 261 favorably.

SUBSTITUTE MOTION:    Sen. Weiler moved to proceed to the next item on the agenda. The motion passed     with Sens. Davis, Henderson and Weiler voting in favor of the motion, Sens. Valentine and Hinkins voting in opposition and Sens. Bramble and Mayne absent for the vote.

H.B. 238 Cosmetology and Hair Braiding (J. Dunnigan)

Rep. Dunnigan introduced and explained the bill and answered questions from the committee.

MOTION: Sen. Davis moved to transmit H.B. 238 favorably. The motion passed unanimously         with Sens. Bramble, Mayne and Valentine absent for the vote.

MOTION: Sen. Davis moved to place H.B. 238 on the Consent Calendar. The motion passed         unanimously with Sens. Bramble, Mayne and Valentine absent for the vote.

H.B. 240 Alcohol Service in Restaurants (J. Fisher)

Rep. Fisher introduced and explained the bill.

MOTION: Sen. Hinkins moved to transmit H.B. 240 favorably. The motion passed         unanimously with Sens. Bramble, Mayne and Valentine absent for the vote.

MOTION: Sen. Hinkins moved to place H.B. 240 on the Consent Calendar. The motion passed         unanimously with Sens. Bramble, Mayne and Valentine absent for the vote.

S.B. 251 Truth in Advertising (B. Shiozawa)

Sen. Weiler introduced and explained the bill.

MOTION: Sen. Hinkins moved to transmit S.B. 251 favorably. The motion passed         unanimously with Sens. Bramble and Valentine absent for the vote.

MOTION:    Sen. Hinkins moved to adjourn. The motion passed unanimously with Sens. Bramble and Valentine absent for the vote. Acting Chair Henderson adjourned the meeting at 5:45 p.m.





_________________________________
Sen. Curtis S. Bramble, Committee Chair