House of Representatives State of Utah


         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029         January 25, 2008

CORRECTED

Mr. Speaker:

    The Judiciary Committee reports a favorable recommendation on H.B. 33, WAIVERS OF IMMUNITY - EXCEPTIONS, by Representative G. Hughes, with the following amendments:

1.    Page 2, Lines 52 through 55 :    

             52          (ii)

  except as provided in Subsection (4),       with a conscious disregard for the rights of others, failed to disclose evidence that:

             53          (A) was known to the person, official, or institution; and
             54          (B) was known by the person, official, or institution to be relevant to an issue or matter
             55      of inquiry in a judicial or administrative proceeding.
  (4)    Immunity is not lost under Subsection (3)(c)(ii), if the person, official, or institution:

    (a)    failed to disclose evidence described in Subsection (3)(c)(ii), because the person, official, or institution is prohibited by law from disclosing the evidence; or
    (b)    (i)    pursuant to the provisions of 45 CFR 164.502(g)(5), refused to disclose evidence described in Subsection (3)(c)(ii) to a person who requested the evidence; and
        (ii)    after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or responded to a valid court order or valid subpoena received by the person, official, or institution to disclose the evidence described in Subsection (3)(c)(ii).  


2.    Page 4, Lines 101 through 104 :    

             101          (B)
  except as provided in Subsection (3)(d),       with a conscious disregard for the rights of others, failed to disclose evidence that:

             102          (I) was known to the employee; and
             103          (II) was known by the employee to be relevant to an issue or matter of inquiry in a
             104      judicial or administrative proceeding.

       (d)    The exception, described in Subsection (3)(c)(v)(B), allowing a plaintiff to bring or pursue a civil action or proceeding against an employee, does not apply if the employee:

    (i)    failed to disclose evidence described in Subsection (3)(c)(v)(B), because the employee is prohibited by law from disclosing the evidence; or
    (ii)    (A)    pursuant to the provisions of 45 CFR 164.502(g)(5), refused to disclose evidence described in Subsection (3)(c)(v)(B) to a person who requested the evidence; and
        (B)    after refusing to disclose the evidence under Subsection (3)(d)(ii)(A), complied with or responded to a valid court order or valid subpoena received by the employee to disclose the evidence described in Subsection (3)(c)(v)(B).  


    Respectfully,

    Douglas C. Aagard
    Committee Chair

Voting: 13-0-0
3 HB0033.HC2.wpd 1/30/08 11:32 am jdhowe/JDH TRV/MDA

Bill Number
Action Class
Action Code

*HB0033*
*H*
*HCRAMD*

 HB0033
H
HCRAMD