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January 28, 1999
Mr. Speaker:
The Health and Human Services Committee recommends H.B. 177, GENETIC TESTING PRIVACY ACT, by Representative N. Stephens, be replaced and reports a favorable recommendation on 1st Sub. H.B. 177, GENETIC TESTING PRIVACY ACT with the following amendments:
1. Page 11, Line 307: After "body" insert "or the cause of death"
2. Page 11, Line 311: Delete "5, Part 10" and insert "10"
3. Page 13, Line 385: Delete "unintentionally"
4. Page 13, Line 387: After "or" insert ":(i)" and delete "$5,000" and insert "$2,500" and delete ", whichever is greater" and insert:
"if the violation is the result of negligence;
(ii) $5,000 if the violation is the result of gross negligence;
(iii) $15,000 if the violation is the result of an intentional and wilful act; or
(iv) $30,000 if the violation is the result of a malicious act; and"
5. Page 13, Lines 388-396: Delete lines 388-396 and insert:
"(b) reasonable attorneys fees up to $5,000.
(3) A person is not liable for damages under Subsection (2) if the person:
(a) corrected a violation under Subsection (2)(a)(i) or (ii) within three working days of having knowledge of the violation; and
(b) no actual harm resulted from the violation."
6. Page 14, Line 405: Delete the colon
7. Page 14, Line 406: Delete line 406
8. Page 14, Line 407: Delete "(ii) $30,000" and insert "$15,000"
Respectfully,
Carl R. Saunders
Committee Chair
Voting: 6-5-2
7 HB0177.HC1 BBushman/MDA RCL/ALH 5:05 PM
Bill Number
Action Code
*HB0177*
*HCRSUBAMD*
HB0177
HCRSUBAMD