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Rep. Lorie D. Fowlke, Vice Chair
Rep. Sheryl L. Allen
Rep. Jim Bird
Rep. Jackie Biskupski
Rep. Kevin S. Garn
Rep. Keith Grover
Rep. Eric K. Hutchings
Rep. Christine A. Johnson
Rep. Rosalind J. McGee
Rep. Kay L. McIff
Rep. R. Curt Webb
Rep. Mark A. Wheatley
MOTION: Rep. Allen moved to approve the minutes of the January 23, 2008 meeting. The motion passed unanimously with Rep. Biskupski, Rep. Grover, and Rep. Johnson absent for the vote.
H.B. 26 Notary Public Revisions (Rep. G. Donnelson)
MOTION: Rep. Garn moved to amend H.B. 26 as follows:
3. Page 4, Line 96
96 (iii)
for a notary seal issued on or after July 1, 2008,
the notary's
commission number, exactly as indicated on the notary's commission;
The motion to amend the bill passed unanimously with Rep. Johnson absent for the vote.
MOTION: Rep. Webb moved to amend H.B. 26 as follows:
1. Page 1, Lines 14 through 16 :
14 . amends the definition of "satisfactory evidence of identity" to provide that personal
15 identification
{
issued by another nation must be a passport
}
includes a
passport, or other identification issued by the United States government, any state
within the United States, or a foreign government,
and that a driving
16 privilege card is not satisfactory evidence of identity;
2. Page 3, Lines 64 through 70 :
64 (12) (a) "Satisfactory evidence of identity" means identification of an individual based
65 on:
66 [
67 (i) valid personal identification with the individual's photograph, signature, and
68 physical description issued by the United States government
{
or
}
,
any state
within the United
69 States
, or a foreign government
; [or]
70 (ii) a valid passport issued by any nation; or
The motion to amend the bill passed unanimously.
Rep. Donnelson explained H.B. 26 as amended to the committee, assisted by Michael Cragun, Deputy Chief of Staff, Lieutenant Governor's Office.
Spoke in opposition to the bill: Joseph Rust, citizen
MOTION: Rep. Webb moved to pass the bill out favorably. The motion passed with Rep. Biskupski, Rep. Johnson, Rep. McGee, and Rep. Wheatley voting in opposition to the bill.
H.B. 33 Waivers of Immunity - Exceptions (Rep. G. Hughes)
MOTION: Rep. Biskupski moved to amend H.B. 33 as follows:
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).
The motion to amend the bill passed unanimously.
Rep. Hughes explained H.B. 33 as amended to the committee.
Spoke to the bill: Tom Vaughn, Associate General Counsel
Spoke in favor of the bill: Lynn Pace, Salt Lake City Attorney's Office
MOTION: Rep. Aagard moved to pass the amended bill out favorably. The motion passed unanimously.
MOTION: Rep. Grover moved to adjourn the meeting. The motion passed unanimously.
Rep. Aagard adjourned the meeting at 3:18 p.m.
___________________________________
Rep. Douglas C. Aagard, Chair