Legislature(1995 - 1996)
1995-04-29 Senate Journal
Full Journal pdf1995-04-29 Senate Journal Page 1345 HB 9 SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor" which had been held in second reading with Amendment No. 2 pending (page 1318) was before the Senate. 1995-04-29 Senate Journal Page 1346 HB 9 Senator Salo moved and asked unanimous consent that Amendment No. 2 be withdrawn. Without objection, it was so ordered. Senator Taylor offered Amendment No. 3 : Page 2, lines 30-31: Delete: "; recovery under this subparagraph is limited to $10,000 [$2,000]" Insert: "[; RECOVERY UNDER THIS SUBPARAGRAPH IS LIMITED TO $2,000]" Senator Taylor moved for the adoption of Amendment No. 3. Senators Kelly, Salo objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Kelly, Lincoln, Salo Excused: Ellis, Hoffman Sharp changed from "Nay" to "Yea". and so, Amendment No. 3 was adopted. 1995-04-29 Senate Journal Page 1347 HB 9 Senator Salo offered Amendment No. 4 : Page 1, line 9: Delete: "a" Insert: after from; "either parent or both parents or the legal guardian or" Page 1, line 14: Delete: line 14 Page 2, lines 1-8: Delete: lines 1 through 8 Page 2, line 10: Insert: after A; "parent, legal guardian or" Page 3, line 11: Delete: "a" Insert: after against; "the parent, parents, legal guardian, or" Senator Salo moved for the adoption of Amendment No. 4. Senator Halford objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Second Reading Amendment No. 4 YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Lincoln, Pearce, Salo, Zharoff Nays: Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Ellis, Hoffman and so, Amendment No. 4 failed. 1995-04-29 Senate Journal Page 1348 HB 9 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. Senator Halford moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. Senator Salo offered Amendment No. 5 : Page 2, line 5: Delete: "physical" Page 2, lines 6-8: Delete: "is limited to recovery only from the parent having actual custody of the minor at the time the property destruction by the minor occurred" Insert: "shall be apportioned by the court" Senator Salo moved for the adoption of Amendment No. 5. Objections were heard. Senator Halford moved and asked unanimous consent that Amendment No. 5 be divided into: Part A: Page 2, line 5: Delete: "physical" and Part B: Page 2, lines 6-8: Delete: "is limited to recovery only from the parent having actual custody of the minor at the time the property destruction by the minor occurred" Insert: "shall be apportioned by the court" Without objection, it was so ordered. 1995-04-29 Senate Journal Page 1349 HB 9 Senator Halford moved for the adoption of Amendment No. 5, Part A. The question being: "Shall Amendment No. 5, Part A be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Second Reading Amendment No. 5, Part A YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Taylor, Torgerson Excused: Ellis, Hoffman and so, Amendment No. 5, Part A was adopted. Senator Salo moved for the adoption of Amendment No. 5, Part B. Senator Halford objected. The question being: "Shall Amendment No. 5, Part B be adopted?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Second Reading Amendment No. 5, Part B YEAS: 9 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Lincoln, Pearce, Salo, Taylor, Zharoff Nays: Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Torgerson Excused: Ellis, Hoffman and so, Amendment No. 5, Part B failed. 1995-04-29 Senate Journal Page 1350 HB 9 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor" pass the Senate?" The roll was taken with the following result: SCS CSHB 9(FIN) am S Third Reading - Final Passage YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Lincoln, Salo, Zharoff Excused: Ellis, Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S passed the Senate. Senator Duncan gave notice of reconsideration.