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MINUTES OF THE HOUSE
BUSINESS AND LABOR
STANDING COMMITTEE
Room 405 State Capitol
February 6, 2004

Members Present:    Rep. Katherine M. Bryson, Chair
            Rep. Michael Morley, Vice Chair            
            Rep. J. Stuart Adams
            Rep. Jackie Biskupski
            Rep. Craig W. Buttars
            Rep. David Clark
            Rep. Stephen D. Clark
            Rep. Carl W. Duckworth
            Rep. Jim Dunnigan
            Rep. Ben C. Ferry
            Rep. Neil A Hansen
            Rep. Todd E. Kiser
            Rep. R. Curt Webb
    
Staff Present:    Mark Steinagel, Policy Analyst            
            Linda Error, Committee Secretary

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

Rep. Bryson called the meeting to order at 2:09 p.m.

MOTION:    Rep. Hansen moved to approve the minutes of the February 4, 2004 meeting. The         motion passed unanimously, with Rep. Morley absent for the vote.

1st Sub. S.B. 14    Insurance Code Exemption (Sen. G. Bell)

Sen. Bell explained the bill, assisted by Michael Stapley, President, Deseret Mutual Insurance.
     (handout)
MOTION:     Rep. Buttars moved to pass the bill out favorably. The motion passed              unanimously, with Rep. Adams and Rep. Morley absent for the vote..

H.B. 250    Property and Casualty Insurance Law Amendments (Rep. T. Kiser)

Rep. Kiser moved to amend the bill as follows:

1.    Page 4, Lines 107 through 114 :    

             107          (1) Each rate, rating schedule, and rating manual filed [with the commissioner] for
             108      personal lines insurance [covering a vehicle or the operation of a vehicle] may not permit a

             109      premium increase due to:
             110          (a) a telephone call or other inquiry that does not result in the insured
[[   demanding   ]]        requesting      

             111      payment of a claim; or
             112          (b) a claim
  under a policy of insurance covering a motor vehicle or the operation of a motor vehicle       resulting from any incident, including acts of vandalism, in which the

             113      person named in the policy or any other person using
[[   [   ]] the      [[   ]   ]]      [[   an   ]] insured motor vehicle with the

             114      express or implied permission of the named insured is not at fault.

The motion to amend passed unanimously, with Rep. Ferry and Rep. Morley absent for the vote.

Rep. Kiser explained the bill, assisted by Brad Tibbitts, Utah Insurance Department, and Chris Purcell, State Farm Insurance.

MOTION:    Rep. Webb moved to amend the bill as follows:

1.    Page 18, Lines 539 through 544 :    

             539          (c) Subject to Subsections (5)(a) and (b), before the disbursement of funds any changes
             540      to any settlement statement made after the final closing documents are executed shall be
  authorized or      

             541      acknowledged by signature of
  the party or parties affected by the change.            [[   :

             542          (i) all buyers or borrowers;
             543          (ii) all sellers; and
             544          (iii) the escrow officer.   ]]

The motion to amend passed unanimously, with Rep. Ferry and Rep. Morley absent for the vote.

MOTION:    Rep. Webb moved to pass the bill out favorably as amended. The motion passed         unanimously, with Rep. Morley absent for the vote.



H.B. 105    Continuing Education for Contractors (Rep. J. S. Adams)

MOTION:    Rep. Adams moved to delete in title and body H.B. 105 and replace it with 1st         Substitute H.B. 105. The motion passed unanimously, with Rep. Morley absent         for the vote.

MOTION:    Rep. Adams moved to amend the bill as follows:

Page 4, line 94:    After "division." insert "For purposes of this section, the nine additional hours of professional education requirement may be satisfied by employees or principals of the contractor completing four hours of professional education for every one hour of credit in accordance with rules made by the division."

SUBSTITUTE
MOTION:    Rep. D. Clark moved to amend the bill. After committee discussion he withdrew         the motion.

The original motion to amend passed, with Rep. Biskupski, Rep, Buttars, Rep. Bryson, and Rep. Ferry voting in opposition and Rep. Morley absent for the vote.

Rep. Adams explained the bill.

Spoke for the bill:    Taz Biesinger, Utah Home Builders Association
            Jason Von Weller, Building Officials

Spoke to the bill:    Craig Jackson, Director, Division of Occupational and Professional             Licensing
            Ray Walker, Compliance Officer, Division of Occupational and                  Professional Licensing

MOTION:    Rep. Hansen moved to reconsider the action taken on the previous amendment.
        The motion passed, with Rep. S. Clark voting in opposition and Rep. Buttars,         Rep. D. Clark, and Rep Morley absent for the vote.

MOTION:    Rep. Hansen moved to delete the previous amendment that was adopted by the         committee.

SUBSTITUTE
MOTION:    Rep. D. Clark moved to proceed to the next item on the agenda. After comments         from committee members he withdrew the motion.

The original motion to delete the previous adopted amendment passed, with Rep. Adams, Rep D. Clark, Rep S. Clark, Rep Duckworth, and Rep. Kiser voting in opposition and Rep. Buttars and Rep. Morley absent for the vote.

MOTION:    Rep. Dunnigan moved to amend the bill as follows:

1.    Page 4, Lines 90 through 94 :    

             90          (21) if licensed as a contractor, not completing a three-hour core education class and an
             91      additional
[[   nine   ]]        three       hours of professional education approved by the division and the Construction

             92      Services Commission within each two-year renewal cycle, unless an exemption has been
             93      granted to the licensee by the Construction Services Commission, with the concurrence of the
             94      division.

2.    Page 7, Line 192 :    

             192          This bill takes effect on
[[   January 1   ]]        August 1       , 2005.


The motion to amend passed unanimously, with Rep. Buttars and Rep. Morley absent for the vote.

MOTION:    Rep. Ferry moved to pass the bill out favorably as amended. The motion passed,         with Rep. Bryson and Rep. D. Clark voting in opposition and Rep. Buttars and         Rep Morley absent for the vote.

S.B. 34    Occupational Therapists Amendments (Sen. G. Davis)

Sen. Davis explained the bill.

MOTION:    Rep. Hansen moved to pass the bill out favorably. The motion passed, with Rep.         Buttars, Rep Duckworth, and Rep. Morley absent for the vote.
            
S.B. 43    Recreational Therapy Practice Amendments (Sen. G. Davis)

Sen. Davis explained the bill, assisted by Trish DeYoung, Utah Recreational Therapy Association


MOTION:    Rep. Biskupski, moved to amend the bill as follows:

1.    Page 2, Line 29
    Senate Committee Amendment
    dated 1-27-2004:    After line 29 insert:
        " 63-55-258, as last amended by Chapters 49 and 254, Laws of Utah 2003"

2.    Page 6, Line 159
    Senate Committee Amendment
    dated 1-27-2004:    After line 159 insert:
        "Section 5. Section 63-55-258 is amended to read:
         63-55-258. Repeal dates, Title 58.
          (1) Title 58, Chapter 3a, Architects Licensing Act, is repealed July 1, 2013.
         (2) Title 58, Chapter 5a, Podiatric Physician Licensing Act, is repealed July 1, 2007.
         (3) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 2008.
         (4) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed July 1, 2006.
         (5) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2005.
         (6) Title 58, Chapter 16a, Utah Optometry Practice Act, is repealed July 1, 2009.
         (7) Title 58, Chapter 17a, Pharmacy Practice Act, is repealed July 1, 2006.
         (8) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2013.
         (9) Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, is repealed July 1, 2005.
         (10) Title 58, Chapter 24a, Physical Therapist Practice Act, is repealed July 1, 2013.
         (11) Title 58, Chapter 26a, Certified Public Accountant Licensing Act, is repealed July 1, 2007.
         (12) Title 58, Chapter 28, Veterinary Practice Act, is repealed July 1, 2004.
         (13) Title 58, Chapter 31b, Nurse Practice Act, is repealed July 1, 2005.
         (14) Title 58, Chapter 37, Utah Controlled Substances Act, is repealed July 1, 2007.
         (15) Title 58, Chapter 37a, Utah Drug Paraphernalia Act, is

repealed July 1, 2007.
         (16) Title 58, Chapter 37b, Imitation Controlled Substances Act, is repealed July 1, 2007.
         (17) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, [ 2005 ] 2013 .
         (18) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act, is repealed July 1, 2009.
         (19) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2005.
         (20) Title 58, Chapter 44a, Nurse Midwife Practice Act, is repealed July 1, 2010.
         (21) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1, 2013.
         (22) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2004.
         (23) Title 58, Chapter 49, Dietitian Certification Act, is repealed July 1, 2005.
         (24) Title 58, Chapter 53, Landscape Architects Licensing Act, is repealed July 1, 2008.
         (25) Title 58, Chapter 59, Professional Employer Organization Licensing Act, is repealed July 1, 2007.
         (26) Title 58, Chapter 67, Utah Medical Practice Act, is repealed July 1, 2006.
         (27) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, is repealed July 1, 2006.
         (28) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, is repealed July 1, 2006.
         (29) Title 58, Chapter 71, Naturopathic Physician Practice Act, is repealed July 1, 2006.
         (30) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2007.
         (31) Title 58, Chapter 73, Chiropractic Physician Practice Act, is repealed July 1, 2006."

         Renumber remaining sections accordingly.

The motion to amend passed unanimously, with Rep. Buttars, Rep, Duckworth, and Rep. Morley absent for the vote.

Spoke for the bill:    Warren Walker, Utah Health Association
            Sandra Negley, clinical instructor, Utah Recreational Therapy Association


MOTION:    Rep. Hansen moved to pass the bill out favorably. The motion passed              unanimously, with Rep. Buttars and Rep. Morley absent for the vote.

MOTION:    Rep. Biskupski moved to adjourn the meeting. The motion passed unanimously,         with Rep. Buttars and Rep. Morley absent for the vote.

Rep. Bryson adjourned the meeting at 4:05 p.m.                              










                    ____________________________
                     Rep. Katherine Bryson, Chair