Legislature(1995 - 1996)

1995-04-25 House Journal

Full Journal pdf

1995-04-25                     House Journal                      Page 1510
HB 158                                                                       
Amendment No. 41 was offered  by Representative Robinson:                       
                                                                               
Page 5, line 31, after "damages.":                                             
Insert "It is the intention of the legislature that revenue received          
by the state under this section be appropriated for the purpose of             
consumer protection."                                                          
                                                                               
Representative Robinson moved and asked unanimous consent that                 
Amendment No. 41 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  "Shall Amendment No. 41 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 158(FIN) am                                                               
Second Reading                                                                 
Amendment No. 41                                                               
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,           
Foster, Grussendorf, Kubina, MacLean, Nicholia, Robinson, Williams,            
Willis                                                                         
                                                                               
Nays:  Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring,             
Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell,            
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                 
                                                                               
Excused:  Barnes                                                               
                                                                               
And so, Amendment No. 41 was not adopted.                                      
                                                                               
Amendment No. 42 was offered  by Representative Finkelstein:                    
                                                                               
Page 5, after line 27:                                                         
Insert a new subsection to read:                                              
                                                                               

1995-04-25                     House Journal                      Page 1511
HB 158                                                                       
	"(d)  The limit under (b) of this section does not apply to                  
punitive damages awarded by a court or jury against a corporation              
which, when the outrageous conduct occurred, paid the chief                    
executive officer more than one million dollars per year in salary."           
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 42 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
Amendment to Amendment No. 42 was offered  by Representative                    
Finkelstein:                                                                   
                                                                               
After "occurred,":                                                             
Delete all material.                                                          
Insert "has annual revenues of over ten million dollars."                     
                                                                               
Without objection, the amendment to Amendment No. 42 was adopted.              
                                                                               
The question being:  "Shall Amendment No. 42 as amended be                     
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 158(FIN) am                                                               
Second Reading                                                                 
Amendment No. 42 as amended                                                    
                                                                               
YEAS:  12   NAYS:  27   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Finkelstein, Foster, Grussendorf,        
Kubina, Navarre, Nicholia, Robinson, Willis                                    
                                                                               
Nays:  Austerman, Bunde, G.Davis, Elton, Green, Hanley, Ivan, James,           
Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses,                   
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  Barnes                                                               
                                                                               
And so, Amendment No. 42 as amended was not adopted.                           

1995-04-25                     House Journal                      Page 1512
HB 158                                                                       
Amendment No. 43 was offered  by Representative Finkelstein:                    
                                                                               
Page 8, after line 8:                                                          
Insert a new subsection to read:                                              
                                                                               
	"(d)  This section shall not apply unless the party defending                
the claim can prove that the compensation paid to the claimant                 
would be greater than the claimant's damages after all fees and                
costs are considered."                                                         
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 43 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  "Shall Amendment No. 43 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 158(FIN) am                                                               
Second Reading                                                                 
Amendment No. 43                                                               
                                                                               
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster,              
Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson,             
Williams, Willis                                                               
                                                                               
Nays:  Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly,           
Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips,          
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                           
                                                                               
Excused:  Barnes                                                               
                                                                               
And so, Amendment No. 43 was not adopted.                                      
                                                                               
Amendment No. 44 was offered  by Representative Robinson:                       
                                                                               
Page 7, following line 16:                                                     
Insert a new paragraph:                                                       
                                                                               

1995-04-25                     House Journal                      Page 1513
HB 158                                                                       
	"(5)  the collateral source is the payment of a minor child's                
medical bills by the injured child's parent."                                  
                                                                               
Representative Robinson moved and asked unanimous consent that                 
Amendment No. 44 be adopted.                                                   
                                                                               
Representative Vezey objected.                                                 
                                                                               
Amendment No. 1 to Amendment No. 44 was offered  by                             
Representative Porter:                                                         
                                                                               
After "parent":                                                                
Insert "which does not result from insurance coverage"                        
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 1 to Amendment No. 44 be adopted.  There being no                
objection, it was so ordered.                                                  
                                                                               
Amendment No. 2 to Amendment No. 44 as amended was offered by                  
Representative Davies:                                                         
                                                                               
After "payment of a":                                                          
Delete "minor"                                                                
Insert "dependent"                                                            
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 to Amendment No. 44 as amended be adopted.                     
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 to Amendment No. 44                
as amended be adopted?"  The roll was taken with the following result:         
                                                                               
CSHB 158(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2 to Amendment No. 44 as amended                                 
                                                                               
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                              
                                                                               

1995-04-25                     House Journal                      Page 1514
HB 158                                                                       
Yeas:  Austerman, Bunde, Davies, B.Davis, G.Davis, Finkelstein,                
Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott,         
Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre,                
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,        
Toohey, Williams, Willis                                                       
                                                                               
Nays:  Brice, Brown, Elton, Therriault, Vezey                                  
                                                                               
Excused:  Barnes                                                               
                                                                               
And so, Amendment No. 2 to Amendment No. 44 as amended was                     
adopted.                                                                       
                                                                               
There being no further objection, Amendment No. 44 as amended was              
adopted.                                                                       
                                                                               
The Speaker stated that CSHB158(FIN)am would be held in second                 
reading, with pending amendments, to the April 26, 1995, calendar.