Link to Zipped WordPerfect Minutes 8K bytes

CORRECTED MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

January 25, 2008

MEMBERS PRESENT:
    Rep. Douglas C. Aagard, Chair
        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

STAFF PRESENT:    Jerry D. Howe, Policy Analyst
        Sylvia Newton, Committee Secretary    

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

Representative Aagard called the meeting to order at 2:35 p.m.

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          [(a) a current document issued by a federal or state government]
             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