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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

February 18, 2005



MEMBERS PRESENT:    Rep. James A. Ferrin, Chair
        Rep. Eric K. Hutchings, Vice Chair    
        Rep. Douglas C. Aagard
        Rep. Glenn A. Donnelson        
        Rep. Lorie D. Fowlke
        Rep. Ann W. Hardy
        Rep. Neal B. Hendrickson
        Rep. David L. Hogue
        Rep. Susan Lawrence
        Rep. Rosalind J. McGee
        Rep. Ross Romero
        Rep. Scott L. Wyatt        
        
MEMBERS ABSENT:    Rep. Ben C. Ferry

STAFF:    Jerry D. Howe, Policy Analyst
        Crystal Hermanson, Committee Secretary             

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


    Representative Ferrin called the meeting to order at 8:18 a.m.

MOTION:    Representative Hogue moved to approve the minutes for the February 15, 2005 minutes. The motion passed unanimously 8-0-5, with Representatives Ferry, Fowlke, Hardy, McGee, and Hutchings absent for the vote.

H.B. 275    Business Entity Amendments (Rep. R. Romero)

Representative Romero introduced the bill and explained its intent with the assistance of Chris Anderson and Ken Ashton, Snell and Wilmer.

Gary Thorup spoke for the bill.

MOTION:    Representative Hendrickson moved to pass the bill out favorably. The motion passed unanimously 12-0-1, with Representative Ferry absent for the vote

Representative Hendrickson declared a conflict of interest.

H.B. 127    Offer of Settlement Provisions (Rep. L. Christensen)

MOTION:    Representative Hogue moved to adopt 1st Sub. H.B. 127. The motion passed unanimously 12-0-1, with Representative Ferry absent for the vote.

MOTION:    Representative Hogue moved to amend the bill as follows:

1.    Page 2, Lines 31 through 34 :    

             31          (3) If an offer to settle or dismiss a lawsuit made by a plaintiff is not accepted and the
             32      rejecting party does not obtain a more favorable judgment, the judgment shall bear interest at
             33      the legal rate of 10% per annum calculated from the date of the
  plaintiff's first       offer      {   ,   } which is exceeded by the

             34      judgment, and interest shall accrue until the satisfaction of judgment.

        The motion passed unanimously 12-0-1, with Representative Ferry absent for the vote.

Representative Christensen introduced the bill and explained its intent.

Harold Peterson, Defense Bar, spoke against the bill.

The following members of the public spoke to the bill:
    Steve Sullivan
    Victoria Kidman, Defense Lawyers
    
MOTION:    Representative Wyatt moved to go on to the next item on the agenda.

SUBSTITUTE
MOTION:    Representative Fowlke moved to send the bill to Interim Study. The motion passed 9-1-3, with Representative Hutchings voting against the motion. Representatives Ferry, Hogue, and Ferrin absent for the vote.

S.B. 138    Judgment Interest Amendments (Sen. E. Mayne)

Senator Mayne introduced the bill and explained its intent with the assistance of Frank Pignanely, Utah Lending Association, and Paul Allred, Department Financial Institutions.

MOTION:    Representative Hardy moved to pass the bill out favorably. The motion passed unanimously 10-0-3, with Representatives Ferry, Hogue, and Ferrin absent for the vote.

H.B. 123    Restrictions of Advertising Illegal Activities (Rep. S. Wyatt)

MOTION:    Representative Wyatt moved to send the bill to Interim Study. The motion passed unanimously 10-0-3, with Representatives Ferry, Hogue, and Ferrin absent for the vote.

MOTION:    Representative Fowlke moved to adjourn. The motion passed unanimously 10-0-3, with Representatives Ferry, Hogue, and Ferrin absent for the vote.

Representative Hutchings adjourned the meeting at 9:55 a.m.






                ___________________________________
Rep. James A. Ferrin, Chair