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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 13, 2009

MEMBERS PRESENT:
    Rep. Lorie D. Fowlke, Chair
        Rep. Don Ipson, Vice Chair
        Rep. Sheryl L. Allen
        Rep. Jim Bird
        Rep. Jackie Biskupski
        Rep. Francis Gibson
        Rep. Keith Grover
        Rep. Eric K. Hutchings
        Rep. Christine A. Johnson
        Rep. Brian King
        Rep. Kay L. McIff
        Rep. Mark A. Wheatley
        
MEMBERS ABSENT:    Rep. Kraig Powell    
        
STAFF PRESENT:    Jerry D. Howe, Policy Analyst
        Cherri White, Committee Secretary


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


Madam Chair Fowlke called the meeting to order at 2:08 pm, and called for a motion to approve the minutes of February 9, 2009.

MOTION:    Representative Biscupski moved to approve the minutes of February 9, 2009. The motion passed unanimously with Representatives Allen, Grover, Hutchings, Powell, and Ipson absent for the vote.

HB0209    Amendments to Criminal Appeals (Rep. Julie Fisher)

The sponsor introduced the bill and explained its intent. Wade Farraway, Attorney General's Office, assisted with the presentation and addressed questions from the committee.

MOTION:    Representative Gibson moved to pass H.B. 209 out favorably. The motion passed unanimously with Representatives Powell and Ipson absent for the vote.

HB0294    Survival Action upon Injury or Death (Rep. K. McIff)

MOTION:    Representative McIff moved to delete H.B. 294 and replace it with 1st Substitute H.B. 294. The motion passed unanimously, with Representatives Powell and Ipson absent for the vote.



The sponsor proceeded to introduce 1st Substitute H.B. 294, gave an overview of the differences between the substitute bill and the original, and explained its intent.

Robin Riggs, Utah Civil Defense League, spoke against the bill. Steve Sullivan, Robert DeVry and Associates, spoke in favor of the bill. Lynn Davies, Personal Injury Attorney, and Utah Defense Lawyers Association, spoke against the bill. Michelle McOmber, Utah Medical Association, expressed concerns related to the bill.

MOTION:    Representative King moved to pass 1st Substitute H.B. 294 out favorably.

SUBSTITUTE
MOTION:
    Representative Bird moved to go to the next item on the agenda. The motion failed 4-8-1 with Representatives Allen, Bird, Biskupski and Fowlke voting in favor of the motion, Representatives Gibson, Grover, Hutchings, Ipson, Johnson, King, McIff, and Wheatly voting against the motion, and Representative Powell absent for the vote.

Returning to the original motion to pass 1st Substitute H.B. 294 out favorably, the motion passed 8-4-1 with Representatives Fowlke, Gibson, Grover, Hutchings, Johnson, King, McIff and Wheatley voting in favor of the motion, Representatives Allen, Bird, Biskupski, and Ipson voting against the motion, and Representative Powell absent for the vote.

SB0112    Obstruction of Justice Amendment (Sen. R. Okerlund)

The sponsor introduced the bill and explained its intent. Jaycee Skinner, Utah Association of Prosecutors assisted the sponsor in answering questions from the committee.

MOTION:    Representative Johnson moved to pass the bill out favorably. The motion passed unanimously with Representatives Biskupski and Powell absent for the vote.

MOTION:    Representative Gibson moved to place the bill on the Consent Calendar. The motion passed unanimously with Representatives Biskupski and Powell absent for the vote.

Madam Chair Fowlke turned the chair to Representative Ipson at 3:40 pm.

HB0329    Wrongful Death Claims (Rep. L. Fowlke)

The sponsor introduced the bill and explained its intent.

Donald Chris Purcell, State Farm, spoke in favor of the bill.

MOTION:    Representative Gibson moved to pass the bill out favorably. The motion passed

unanimously with Representative Powell absent for the vote.

MOTION:    Representative Gibson moved to place the bill on the Consent Calendar. The motion passed unanimously with Representative Powell absent for the vote.

Representative Ipson passed the chair back to Madam Chair Fowlke at 3:45 pm. Madam Chair Fowlke called for a motion to adjourn.

MOTION:    Representative Allen moved to adjourn the meeting. The motion passed unanimously, with Representative Powell absent for the vote. Madam Chair Fowlke adjourned the meeting at 3:45 pm.






                ___________________________________
                    Rep. Lorie Fowlke, Chair