2005-04-12                     Senate Journal                      Page 0921
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 3.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 3 :                                                             
                                                                                                    
Page 2, following line 11:                                                                          
     Insert a new subsection to read:                                                               
               "(f)  The limitation on noneconomic damages in this                                  
          section does not apply if the damages resulted from an act or                             
          omission that constitutes gross negligence or reckless or                                 
          intentional misconduct."                                                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Senator French moved for the adoption of Amendment No. 3. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 67(JUD)                                                                                        
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                 
Olson                                                                                               
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 67(JUD) was automatically in third                                           
reading.                                                                                            
                                                                                                    
Senator French called the Senate. The call was satisfied.