H.B. 33
         WAIVERS OF IMMUNITY - EXCEPTIONS

house committee Amendments

Amendment 1 January 25, 2008 11:44 am



Representative Gregory H. Hughes proposes 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).  

Page 1 of 1
LRGC TomVaughn TomVaughn