Legislature(2003 - 2004)

2003-05-02 House Journal

Full Journal pdf

2003-05-02                     House Journal                      Page 1284
HB 86                                                                                             
Representative McGuire brought up reconsideration of the vote on                                    
CSSSHB 86(JUD) am (page 1252).                                                                      
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    86(JUD) am                                                                                      
    "An Act relating to civil liability for malicious claims for                                    
    injunctive relief against state permitted projects; and providing for                           
    an effective date."                                                                             
                                                                                                    

2003-05-02                     House Journal                      Page 1285
Representative McGuire moved and asked unanimous consent that                                       
CSSSHB 86(JUD) am be returned to second reading for the specific                                    
purpose of considering Amendment No. 2.                                                             
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
The question being:  "Shall CSSSHB 86(JUD) am be returned to                                        
second reading for the specific purpose of considering Amendment                                    
No. 2?"  The roll was taken with the following result:                                              
                                                                                                    
CSSSHB 86(JUD) am--RECONSIDERATION                                                                  
Third Reading                                                                                       
Return to Second for Amendment No. 2                                                                
                                                                                                    
YEAS:  23   NAYS:  11   EXCUSED:  3   ABSENT:  3                                                  
                                                                                                    
Yeas:  Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Heinze,                                    
Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                      
Rokeberg, Samuels, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                       
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kookesh, Moses                                                         
                                                                                                    
Excused:  Chenault, Gatto, Williams                                                                 
                                                                                                    
Absent:  Anderson, Kapsner, Seaton                                                                  
                                                                                                    
And so, CSSSHB 86(JUD) am was returned to second reading.                                           
                                                                                                    
Amendment No. 2 was offered  by Representative McGuire:                                              
                                                                                                    
Page 1, line 1 (title amendment):                                                                   
 Delete "civil liability for malicious claims for injunctive relief                               
against"                                                                                          
                                                                                                    
Page 1, line 5, following "claim":                                                                
 Delete "for injunctive relief"                                                                   
                                                                                                    
Page 1, line 7, following "claim":                                                                  
 Delete "for injunctive relief"                                                                     
                                                                                                    
Page 2, line 9, following "claim":                                                                  
 Delete "for injunctive relief"                                                                     

2003-05-02                     House Journal                      Page 1286
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
Representative McGuire placed a call of the House.                                                  
                                                                                                    
Amendment No. 1 to Amendment No. 2 was offered  by                                                   
Representative Gara:                                                                                
                                                                                                    
Delete the following:                                                                               
"Page 1, line 7, following "claim":                                                                 
 Delete "for injunctive relief""                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 to Amendment No. 2 be adopted.  There being no                                      
objection, it was so ordered.                                                                       
                                                                                                    
Representative McGuire lifted the call.                                                             
                                                                                                    
                                                                                                    
Amendment No. 2 to Amendment No. 2 as amended was offered by                                        
Representative Gruenberg:                                                                           
                                                                                                    
Delete the following:                                                                               
"Page 2, line 9, following "claim":                                                                 
 Delete "for injunctive relief""                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 2 to Amendment No. 2 as amended be adopted.                                           
There being no objection, it was so ordered.                                                        
                                                                                                    
The question being:  "Shall Amendment No. 2 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSSSHB 86(JUD) am--RECONSIDERATION                                                                  
Second Reading                                                                                      
Amendment No. 2 as amended                                                                          
                                                                                                    
YEAS:  23   NAYS:  9   EXCUSED:  3   ABSENT:  5                                                   
                                                                                                    

2003-05-02                     House Journal                      Page 1287
Yeas:  Anderson, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker,                                  
Heinze, Holm, Kohring, Kott, Lynn, McGuire, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula                                                                         
                                                                                                    
Excused:  Chenault, Gatto, Williams                                                                 
                                                                                                    
Absent:  Kapsner, Kookesh, Masek, Meyer, Moses                                                      
                                                                                                    
And so, Amendment No. 2 as amended was adopted and the new title                                    
follows:                                                                                            
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    86(JUD) am                                                                                      
    "An Act relating to state permitted projects; and providing for an                              
    effective date."                                                                                
                                                                                                    
Amendment No. 3 (title amendment) was offered by Representative                                     
Berkowitz:                                                                                          
                                                                                                    
Page 1, line 1, following  "to":                                                                  
 Insert "civil liability for malicious claims against"                                            
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Representative Rokeberg moved the previous question.                                                
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSSHB 86(JUD) am--RECONSIDERATION                                                                  
Third Reading                                                                                       
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  15   NAYS:  19   EXCUSED:  3   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kohring, Kookesh, Kott, Masek, Seaton,                                 
Weyhrauch                                                                                           
                                                                                                    

2003-05-02                     House Journal                      Page 1288
Nays:  Anderson, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker,                                  
Heinze, Holm, Lynn, McGuire, Morgan, Ogg, Rokeberg, Samuels,                                        
Stoltze, Whitaker, Wilson, Wolf                                                                     
                                                                                                    
Excused:  Chenault, Gatto, Williams                                                                 
                                                                                                    
Absent:  Kapsner, Meyer, Moses                                                                      
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSSSHB 86(JUD) am pass                                     
the House?"  The roll was taken with the following result:                                          
                                                                                                    
CSSSHB 86(JUD) am--RECONSIDERATION                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  6   EXCUSED:  3   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                 
Gara, Gruenberg, Harris, Hawker, Heinze, Holm, Kohring, Kott,                                       
Lynn, Masek, McGuire, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                       
Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Guttenberg, Joule, Kerttula, Kookesh                                      
                                                                                                    
Excused:  Chenault, Gatto, Williams                                                                 
                                                                                                    
Absent:  Kapsner, Meyer, Moses                                                                      
                                                                                                    
                                                                                                    
Gara changed from "Nay" to "Yea".                                                                   
                                                                                                    
And so, CSSSHB 86(JUD) am passed the House on reconsideration.                                      
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           

2003-05-02                     House Journal                      Page 1289
                                                                                                    
CSSSHB 86(JUD) am--RECONSIDERATION                                                                  
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  31   NAYS:  4   EXCUSED:  3   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom,                                   
Fate, Foster, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                  
Joule, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Croft, Gara, Kerttula, Kookesh                                                               
                                                                                                    
Excused:  Chenault, Gatto, Williams                                                                 
                                                                                                    
Absent:  Kapsner, Moses                                                                             
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
CSSSHB 86(JUD) am was referred to the Chief Clerk for                                               
engrossment.