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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room 223 - State Capitol Building

February 11, 2004


MEMBERS PRESENT:    Rep. Ben C. Ferry, Chair
        Rep. J. Stuart Adams, Vice Chair    
        Rep. Chad E. Bennion
        Rep. Katherine M. Bryson
        Rep. Greg J. Curtis
        Rep. Scott Daniels
        Rep. Neal B. Hendrickson
        Rep. Eric K. Hutchings
        Rep. M. Susan Lawrence
        Rep. Dana C. Love
        Rep. Rosalind J. McGee
        Rep. J. Morgan Philpot    
        
MEMBERS ABSENT:    Rep. Mike Thompson    

STAFF:    Jerry D. Howe, Policy Analyst
        Cherri White, Committee Secretary            

NOTE:    A list of visitors and handouts are filed with the committee minutes.

    Representative Ferry called the meeting to order at 8:13 A.M. and called for a motion to approve the minutes of February 9, 2004.

MOTION:    Representative Bennion moved to approve the minutes of February 9, 2004. The motion passed unanimously with Representatives Curtis, Daniels, Hutchings, Philpot and Thompson absent for the vote.

H.B. 170    Office of the Attorney General Responsibilities (Rep. K. Bryson)

MOTION:    Representative Bryson moved the following amendment:

1.    Page 1, Lines 11 through 16 :    

             11      Highlighted Provisions:
             12          This bill:
             13          .    provides that the attorney general is the attorney and the state agency is the client;
             14          .    requires that the attorney general must comply with
[[   certain   ]]        the       Rules of Professional

             15     
[[   Responsibility   ]]        Conduct       ; and

             16          .    makes technical corrections.

2.    Page 2, Lines 45 through 48

             45          (4) (a) In performing legal services for an agency under authority of this section, the
             46      attorney general is the attorney and the agency is the client.
             47          (b) In its representation of the agency, the attorney general and his legal assistants shall
             48      comply with the requirements of Rules of Professional Conduct
[[   Rule 1.2   ]] .


The motion passed unanimously with Representatives Hutchings and Thompson absent for the vote.
    The sponsor then proceeded to introduce the bill and explain its intent.

    Speaking against the bill:

        Mark Shurtleff, Utah Attorney General

    Speaking to the bill:

        Sandra Lucas, Utah Chapter Human Rights
        Brandon Wilson, Concerned Citizen
    
MOTION:    Representative Bennion moved to pas the bill out favorably as amended. The motion passed 8-3-2, with Representatives Daniels, McGee, and Ferry voting against the motion, and Representatives Hutchings and Thompson absent for the vote.

    Representative Ferry turned the chair to Representative Adams at 8:18 a.m.

S.B. 122    Payment of Claims on Deceased Settlor's Estate (Sen. J. Valentine)

    The sponsor introduced the bill and explained its intent.

MOTION:    Representative Hendrickson moved to pass the bill out favorably. The motion passed unanimously with Representatives Bennion, Bryson, and Thompson absent for the vote.

MOTION:    Representative Ferry moved to place the bill on the Consent Calendar. The motion passed unanimously with Representatives Bennion, Bryson, and Thompson absent for the vote.

H.B. 149    New Automobile Franchise Act (Rep. G. Curtis)

    The sponsor introduced the bill and explained its intent.

    Speaking in favor of the bill:

        Craig Bickmore, Utah Automobile Dealers Association
        Larry H. Miller, Utah Automobile Dealers Association, Car Dealership Owner
        
    Speaking against the bill:

        Elizabeth Dannonburg, Alliance of Automobile Manufacturers
        Representative, Utah Automobile Manufacturers
        
    Gary Howe, General Council, Utah Automobile Association addressed questions from the committee.

MOTION:    Representative Bennion moved to pass the bill out favorably.

SUBSTITUTE
MOTION:    Representative Daniels moved to hold the bill until the next committee meeting. The motion failed 3-8-2 with Representatives Bryson, Daniels, and McGee voting in favor of the motion, Representatives Bennion, Curtis, Hendrickson, Hutchings, Lawrence, Love, Adams, and Ferry voting against the motion, and Representatives Philpot and Thompson absent for the vote.

    Returning to the original motion to pass the bill out favorably, the motion passed 10-1-2 with Representative McGee voting against the motion, and Representatives Philpot and Thompson absent for the vote.

MOTION:    Representative Bennion moved to adjourn. The motion passed unanimously, the meeting adjourned at 9:57 A.M.



    







                ___________________________________
Rep. Ben C. Ferry, Chair