Legislature(2005 - 2006)
2005-05-09 Senate JournalFull Journal pdf
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.