Legislature(2005 - 2006)

2005-05-09 Senate Journal

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2005-05-09                     Senate Journal                      Page 1524
HB 279                                                                                            
CS FOR HOUSE BILL NO. 279(FIN) "An Act relating to                                                  
encroachments in the right-of-way of a highway" was read the second                                 
time.                                                                                               

2005-05-09                     Senate Journal                      Page 1525
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1510. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 279(FIN) was adopted.                                                                           
                                                                                                    
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 3, lines 10 - 11:                                                                              
     Delete all material and insert:                                                                
"(g)  Except for damage, injury, or death resulting from gross                                      
negligence or reckless or intentional misconduct of the state or an                                 
agent or employee of the state, the state is not liable for damage to, or                           
damage, injury, or death resulting from the presence of an                                          
encroachment in the right-of-way of a state highway."                                               
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 279(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  10   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stevens B, Stevens                                  
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Stedman                                                                                    
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 279(FIN) will be on the May 10 calendar.