Legislature(2003 - 2004)

2004-05-04 House Journal

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2004-05-04                     House Journal                      Page 3806
SB 323                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3802), was again before the House in third reading:                                           
                                                                                                    
    CS FOR SENATE BILL NO. 323(JUD) am                                                              
    "An Act relating to a subcontractor's, contractor's, and project                                
    owner's liability for workers' compensation, to sole proprietors                                
    and partnerships without employees, and managers or managing                                    
    members of limited liability companies, and to the exclusiveness                                
    of liability for workers' compensation."                                                        
                                                                                                    
Representative Gara moved and asked unanimous consent that CSSB
323(JUD) am be returned to second reading for the specific purpose of                               
considering Amendment No. 3.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Gara:                                                 
                                                                                                    
Page 3, line 14, following "liable for":                                                        
 Delete "or potentially liable"                                                                 
                                                                                                    
Page 3, line 15, following "compensation":                                                      
 Insert "and is properly insured to pay that compensation"                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 323(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2004-05-04                     House Journal                      Page 3807
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Lynn,                                      
Moses, Weyhrauch, Wolf                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Hawker, Heinze,                                   
Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson                                     
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
The question being:  "Shall CSSB 323(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 323(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Fate, Foster, Hawker, Heinze,                                   
Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Rokeberg,                                       
Samuels, Stepovich, Stoltze, Williams                                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Lynn,                                      
Moses, Ogg, Seaton, Weyhrauch, Wilson, Wolf                                                         
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, CSSB 323(JUD) am failed to pass the House.                                                  
                                                                                                    
Representative Anderson gave notice of reconsideration of the vote on                               
CSSB 323(JUD) am(fld H).