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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W010 - State Capitol Complex

February 14, 2006


MEMBERS PRESENT:    Rep. James A. Ferrin, Chair
        Rep. Erik K. Hutchings, Vice Chair    
        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
        
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 Ferrin called the meeting to order at 8:06 a.m.

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. [(b)] (a) .S Discovery concerning a party's wealth or financial condition may only be
             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. [probable]
{   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