2008 Legislative Session _ 2008

Committee: Senate Commerce
Thursday, January 17, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Dempster
P    Katus
P    Koetzle
P    Turbak Berry
P    Gant, Vice-Chair
P    McCracken, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Royal McCracken, Chair.

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, JANUARY 15, 2008.

Moved by:    Katus
Second by:    Gant
Action:    Prevailed by voice vote.

        SB 97 DEFERRED BY CHAIR UNTIL TUESDAY, JANUARY 22, 2008.

         SB 81: allow persons to place a security freeze on their credit reports without first being victims of identity theft.

Presented by:    Senator Sandy Jerstad
Proponents:    Sam Wilson, AARP

MOTION:     DEFER SB 81 TO THE 36TH LEGISLATIVE DAY

Moved by:    Dempster
Second by:    Gant

Action:    Prevailed by roll call vote. (6-1-0-0)

Voting Yes:    Abdallah, Dempster, Katus, Turbak Berry, Gant, McCracken

Voting No:    Koetzle

         SB 52: revise certain provisions regarding the regulation of franchises and business opportunities.

Presented by:    Gail Sheppick, Division of Securities
        Erin McIntyre, Dept. Of Revenue and Regulation
Opponents:    Dick Tieszen, State Farm Insurance

MOTION:     AMEND SB 52

52oa

     On page 3, line 21, of the printed bill, delete "Lease" and insert "Leased".

     On page 13, line 1, delete "section" and insert "sections".

     On page 13, line 8, delete "or the franchisee".

     On page 13, line 9, before "(or" insert "(2) The franchisee".

     On page 13, line 11, delete "(2)" and insert "(3)".

     On page 13, line 13, before "." insert "; or
    
             (4)    One or more purchasers of at least a fifty percent ownership interest in the franchise; within sixty days of the sale, has been, for at least two years, an officer, director, general partner, individual with management responsibility for the offer and sale of the franchisor's franchises or the administrator of the franchised network; or within sixty days of the sale, has been, for at least two years, an owner of at least a twenty-five percent interest in the franchise".

     On page 13, delete lines 16 to 21, inclusive.

     On page 13, line 22, delete "(2)" and insert "(1)".

     On page 14, line 1, delete "(3)" and insert "(2)".
     On page 14, line 8, delete "subdivision (1)" and insert "subdivisions (1) and (2)".

     On page 21, line 13, delete "26" and insert "35".


Moved by:    Gant
Second by:    Abdallah
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 52

52ja

     On page 3, line 1, of the printed bill, delete everything after "trademark" .

     On page 3, delete line 2.

     On page 3, line 3, delete "trademark".

     On page 3, between lines 3 and 4, insert:

"

             (b)    The franchisee will obtain the right to offer, sell, or distribute goods, services, or commodities that are identified or associated with the franchisor's trademark;".

     On page 3, line 4, delete "(b)" and insert "©".

     On page 3, line 5, delete everything after "operation" .

     On page 3, line 6, delete everything before "; and" .

     On page 3, line 7, delete "(c)" and insert "(d)".

Moved by:    Abdallah
Action:    Died for lack of a second.

 MOTION:     DO PASS SB 52 AS AMENDED

Moved by:    Turbak Berry
Second by:    Katus
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Abdallah, Katus, Koetzle, Turbak Berry, Gant, McCracken

Excused:    Dempster

 MOTION:     ADJOURN

Moved by:    Gant
Second by:    Katus
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary
Royal “Mac” McCracken, Chair

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