2004-04-20                     Senate Journal                      Page 2963
SB 323                                                                                            
CS FOR SENATE BILL NO. 323(JUD) "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 to the exclusiveness of liability for workers' compensation" was                                
read the third time.                                                                                
                                                                                                    
Senator Seekins moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-20                     Senate Journal                      Page 2964
Senator Seekins offered Amendment No. 1 :                                                            
                                                                                                    
Page 1, line 2, following "employees,":                                                           
          Insert "and managers or managing members of limited                                     
liability companies,"                                                                             
                                                                                                    
Page 2, line 14:                                                                                    
          Delete "or" in both places                                                                
          Insert "," in both places                                                                 
          Following "partnership":                                                                  
                   Insert ", or manager or managing member of a                                     
          limited liability company,"                                                               
                                                                                                    
Page 2, line 15, following "partnership":                                                           
          Insert ", or manager or managing member of a limited liability                            
company"                                                                                            
                                                                                                    
Page 2, line 16:                                                                                    
          Delete "or"                                                                               
          Insert ","                                                                                
          Following "partnership,":                                                                 
                   Insert "or manager or managing member of a limited                               
          liability company,"                                                                       
                                                                                                    
Page 2, line 20:                                                                                    
          Delete "or"                                                                               
          Insert ","                                                                                
          Following "partnership":                                                                  
                   Insert ", or manager or managing member of a                                     
          limited liability company"                                                                
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 1. Senator                                  
Ellis objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-20                     Senate Journal                      Page 2965
                                                                                                    
CSSB 323(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Olson, Seekins,                                          
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln                                         
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
CS FOR SENATE BILL NO. 323(JUD) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Ogan moved and asked unanimous consent to abstain from                                      
voting due to a conflict of interest. Objections were heard and Senator                             
Ogan was required to vote.                                                                          
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
CSSB 323(JUD) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 323(JUD) am passed the Senate.                                       
                                                                                                    
Senator French gave notice of reconsideration.