Legislature(2001 - 2002)

2001-04-09 House Journal

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2001-04-09                     House Journal                      Page 0904
HB 111                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 111                                                       
    "An Act relating to civil liability for injuries or death resulting                             
    from livestock activities."                                                                     
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT CS(JUD) 5DP                                                 877                            
 FN1: ZERO(H.JUD/ALL DEPTS)                                          878                            
 FN2: ZERO(H.JUD/CRT)                                                878                            
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    111(JUD)                                                                                        
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 26, following "(1)":                                                                   
 Delete "gross negligence or reckless or intentional misconduct"                                    
 Insert "negligence, gross negligence, reckless or intentional                                      
misconduct"                                                                                         
                                                                                                    
Page 3, line 1, following "to be":                                                                  
 Insert "or reasonably should know to be"                                                           
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    

2001-04-09                     House Journal                      Page 0905
Representative Coghill moved and asked unanimous consent that the                                   
question be divided.                                                                                
                                                                                                    
The Speaker ruled that the question was divisible.                                                  
                                                                                                    
There being no objection, Amendment No. 1 was divided.                                              
                                                                                                    
Part A of Amendment No. 1:                                                                          
                                                                                                    
Page 2, line 26, following "(1)":                                                                   
 Delete "gross negligence or reckless or intentional misconduct"                                    
 Insert "negligence, gross negligence, reckless or intentional                                      
misconduct"                                                                                         
                                                                                                    
The question being:  "Shall Amendment No. 1 - Part A be adopted?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
CSSSHB 111(JUD)                                                                                     
Second Reading                                                                                      
Amendment No. 1 - Part A                                                                            
                                                                                                    
YEAS:  8   NAYS:  27   EXCUSED:  5   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Davies, Guess, Kapsner, Kerttula,                                
Moses                                                                                               
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Green, Halcro, Harris,                                      
Hayes, Hudson, James, Joule, Kohring, Kott, Lancaster, Masek,                                       
McGuire, Meyer, Morgan, Mulder, Murkowski, Porter, Rokeberg,                                        
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Cissna, Fate, Foster, Kookesh, Ogan                                                       
                                                                                                    
And so, Amendment No. 1 - Part A was not adopted.                                                   
                                                                                                    
Part B of Amendment No. 1:                                                                          
                                                                                                    
Page 3, line 1, following "to be":                                                                  
 Insert "or reasonably should know to be"                                                           
                                                                                                    
There being no objection, Amendment No. 1 - Part B was adopted.                                     
                                                                                                    
                                                                                                    

2001-04-09                     House Journal                      Page 0906
Amendment No. 2 was offered  by Representatives Berkowitz and                                        
Kerttula:                                                                                           
                                                                                                    
Page 4, line 2, following "objects;":                                                               
 Insert "and"                                                                                       
                                                                                                    
Page 4, line 4:                                                                                     
 Delete "and"                                                                                       
                                                                                                    
Page 4, lines 5-6:                                                                                  
 Delete all material.                                                                               
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative James objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSSHB 111(JUD) am                                                                                  
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  12   NAYS:  23   EXCUSED:  5   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Davies, Green, Hayes, Hudson,                                    
Joule, Kapsner, Kerttula, Moses, Whitaker                                                           
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Dyson, Guess, Halcro, Harris,                                      
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                     
Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams,                                     
Wilson                                                                                              
                                                                                                    
Excused:  Cissna, Fate, Foster, Kookesh, Ogan                                                       
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative James moved and asked unanimous consent that                                         
CSSSHB 111(JUD) am be considered engrossed, advanced to third                                       
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  

2001-04-09                     House Journal                      Page 0907
The Speaker stated that CSSSHB 111(JUD) am will be advanced to                                      
third reading on the April 10, 2001, calendar.