Legislature(1995 - 1996)
1995-04-25 House Journal
Full Journal pdf1995-04-25 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.