Legislature(2003 - 2004)

2004-04-19 House Journal

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2004-04-19                     House Journal                      Page 3373
HB 549                                                                                            
The following, which was advanced to third reading from the April 14,                               
2004, calendar (page 3338), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 549(JUD)                                                                  
    "An Act relating to unsolicited communications following an                                     
    aircraft accident."                                                                             
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 549(JUD) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 1 was offered  by Representatives Berkowitz,                                           
McGuire, and Gruenberg:                                                                             
                                                                                                    
Page 1, following line 15:                                                                          
    Insert a new subsection to read:                                                                
         "(c)  During the 45-day period described in (a) of this section,                           
    an agent or representative of an air carrier or its insurer may not                             
    contact an individual injured in the accident or a relative of an                               
    individual involved in the accident for the purpose of offering or                              
    discussing the final settlement of any claim."                                                  
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2004-04-19                     House Journal                      Page 3374
Representative Samuels moved and asked unanimous consent that he                                    
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Samuels was required to                                     
vote.                                                                                               
                                                                                                    
Objection to Amendment No. 1 was withdrawn.  There being no                                         
further objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 549(JUD) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 2.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Berkowitz and                                        
Kerttula:                                                                                           
                                                                                                    
Page 2, line 1, following "misdemeanor":                                                            
 Delete "and, upon conviction, is punishable only by a fine of                                      
$10,000"                                                                                            
                                                                                                    
Page 2, line 4, following "felony":                                                                 
 Delete "and, upon conviction, is punishable only by a fine of                                      
$100,000"                                                                                           
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Gruenberg objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 549(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  23   NAYS:  11   EXCUSED:  2   ABSENT:  4                                                  
                                                                                                    

2004-04-19                     House Journal                      Page 3375
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Dahlstrom, Fate,                                      
Guttenberg, Hawker, Heinze, Kerttula, Kookesh, Lynn, Masek,                                         
McGuire, Meyer, Moses, Ogg, Rokeberg, Samuels, Seaton,                                              
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
                                                                                                    
Nays:  Coghill, Foster, Gatto, Gruenberg, Holm, Joule, Kohring,                                     
Morgan, Stepovich, Stoltze, Wolf                                                                    
                                                                                                    
                                                                                                    
Excused:  Kapsner, Kott                                                                             
                                                                                                    
                                                                                                    
Absent:  Chenault, Croft, Gara, Harris                                                              
                                                                                                    
Kohring changed from "Yea" to "Nay".                                                                
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 549(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 549(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  27   NAYS:  10   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Dahlstrom, Fate,                                      
Foster, Gara, Gatto, Harris, Hawker, Heinze, Holm, Joule, McGuire,                                  
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Williams, Wilson, Wolf                                                                     
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Gruenberg, Guttenberg, Kerttula, Kohring,                                 
Kookesh, Lynn, Masek, Weyhrauch                                                                     
                                                                                                    
                                                                                                    
Excused:  Kapsner, Kott                                                                             
                                                                                                    
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, CSHB 549(JUD) am passed the House.                                                          
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on CSHB 549(JUD) am.