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Rep. Douglas C. Aagard
Rep. Ben C. Ferry
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
STAFF ABSENT: Rep. Glenn A. Donnelson
MOTION: Rep. Hardy moved to approve the minutes of the February 10, 2006 meeting. The motion passed unanimously with Rep. Aagard, Rep. Ferry, Rep. Fowlke, Rep. Hendrickson, Rep. McGee, and Rep. Hutchings absent for the vote.
H.B. 413 Comparative Negligence Amendments (Rep. S. Wyatt)
Rep. Wyatt explained H.B. 413.
Spoke in opposition to the bill: Ed Havas, Utah Trial Lawyers Association
Ruth Lybbert, Utah Trial Lawyers Association
Spoke in favor of the bill: Tom Bingham, Utah Manufacturers Association
Rep. Ferrin relinquished the chair to Rep. Hutchings.
MOTION: Rep. Fowlke moved to amend the bill as follows:
1. Page 1, Lines 9 through 14 :
9 This bill
{
expands
}
amends
the definition of "fault" to
{
include
}
specifically exclude
intentional torts
{
and civil
10 conspiracy } .
11 Highlighted Provisions:
12 This bill:
13 .
{
specifies that an
}
specifically excludes
intentional tort
{
and a
civil conspiracy are included in
}
from
the definition
14 of "fault."
2. Page 2, Lines 29 through 33 :
29 (2)
(a)
"Fault" means any actionable breach of legal duty, act, or omission
proximately
30 causing or contributing to injury or damages sustained by a person seeking recovery, including
31 negligence in all its degrees, comparative negligence, assumption of risk, strict liability,
32
{
intentional torts, civil conspiracy,
}
breach of express or implied warranty of a
product, products
33 liability, and misuse, modification, or abuse of a product.
(b) "Fault" does not include intentional torts.
The motion to amend the bill failed with Rep. Fowlke, Rep. Hardy, and Rep. Hendrickson voting in favor of the motion. Rep. McGee and Rep. Ferrin were absent for the vote.
MOTION: Rep. Romero moved to pass H.B. 413 out favorably. The motion passed with Rep. Fowlke, Rep. Hardy, Rep. Hendrickson, and Rep. Hogue voting in opposition to the motion. Rep. McGee and Rep. Ferrin were absent for the vote.
S.B. 41S1 Restrictions on Use of Physician Disclosures (Sen. D. Thomas)
This bill was not considered in this meeting.
H.B. 257 Material Harmful to Minors Amendments (Rep. D. Hogue)
MOTION: Rep. Hogue moved to delete in title and body H.B. 257 and replace it with 1st Sub. H.B. 257. The motion passed with Rep. Lawrence voting in opposition to the motion. Rep. McGee and Rep. Ferrin were absent for the vote.
Spoke in opposition to the bill: Scott Sabey, Entertainment Software Rating Board
Margaret Plane, ACLU of Utah
Robert Saunders, business owner
Jim Olsen, Utah Retail Merchants Association
Spoke in favor of the bill: Gayle Ruzicka, Eagle Forum
MOTION: Rep. Hogue moved to pass 1st Sub. H.B. 257 out favorably. The motion passed with Rep. Hendrickson and Rep. Romero voting in opposition to the motion and Rep. McGee and Rep. Ferrin absent for the vote.
S.B. 61 Uniform Mediation Act (Sen. L. Hillyard)
MOTION: Rep. Fowlke moved to delete in title and body S.B. 61 and replace it with 1st Sub. S.B. 61. The motion passed unanimously with Rep. Ferry, Rep. McGee, and Rep. Ferrin absent for the vote.
Spoke in favor of the bill: John Fay, Utah Trial Lawyers Association
MOTION: Rep. Hardy moved to pass 1st Sub. S.B. 61 out favorably. The motion passed unanimously with Rep. Ferry, Rep. McGee, and Rep. Ferrin absent for the vote.
S.B. 106 Uniform Interstate Enforcement of Domestic Violence Protection Orders Act (Sen. L. Hillyard)
Sen. Hillyard introduced S.B. 106 and explained it to the committee.
MOTION: Rep. Lawrence moved to pass S.B. 106 out favorably. The motion passed unanimously with Rep. Ferry, Rep. McGee, and Rep. Ferrin absent for the vote.
S.B. 171 Judiciary Amendments (Sen. L. Hillyard)
Sen. Hillyard introduced S.B. 171 and explained it to the committee, with the assistance of Mark Jones, Administrative Office of the Courts.
MOTION: Rep. Wyatt moved to pass S.B. 171 out favorably. The motion passed unanimously with Rep. Ferry and Rep. Ferrin absent for the vote.
MOTION: Rep. Romero moved to place S.B. 171 on the Consent Calendar. The motion failed with Rep. Hogue voting against the motion. Rep. Ferry and Rep. Ferrin were absent for the vote.
S.B. 134 Lien Duration of a Foreign Judgment (Sen. T. Hatch)
Sen. Hatch introduced S.B. 134 and explained it to the committee.
Spoke in favor of the bill: Paul Newton, Utah Land Title Association
MOTION: Rep. Wyatt moved to pass S.B. 134 out favorably. The motion passed unanimously with Rep. Ferry and Rep. Ferrin absent for the vote.
S.B. 148 Punitive Damages - Discovery of Wealth (Sen. G. Bell)
MOTION: Rep. Wyatt moved to amend the bill as follows:
1. Page 2, Lines 45 through 47b
Senate 3rd Reading Amendments
2-8-2006 :
45 S. [
45a allowed
46 after the party seeking punitive damages has established a prima facie case S. on the record .S
46a that an award of
47 punitive damages is reasonably S. [
{
likely
}
possible
.S against
the party about whom
47a discovery is sought S. and, if disputed, the court is satisfied that the discovery is not sought
47b for the purpose of harassment .S .
The motion to amend the bill passed unanimously with Rep. Ferry and Rep. Ferrin absent for the vote.
Rep. Wyatt introduced S.B. 148 as amended and explained it to the committee. He was assisted by David Mortensen, Utah Defense Lawyers Association.
Spoke in favor of the bill: John Fay, Utah Trial Lawyers Association
MOTION: Rep. Hogue moved to pass S.B. 148 as amended out favorably. The motion passed unanimously with Rep. Ferry and Rep. Ferrin absent for the vote.
MOTION: Rep. Aagard moved to adjourn the meeting. The motion passed unanimously with Rep. Ferry and Rep. Ferrin absent for the vote.
Rep. Hutchings adjourned the meeting at 10:00 a.m.
___________________________________
Rep. James A. Ferrin, Chair