Legislature(2003 - 2004)
2004-03-03 House Journal
Full Journal pdf2004-03-03 House Journal Page 2814 HB 29 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29 "An Act relating to real estate licensees and real estate transactions; and providing for an effective date." 2004-03-03 House Journal Page 2815 with the: Journal Page L&C RPT CS(L&C) 6DP 1NR 2504 FN1: ZERO(CED) 2504 JUD RPT CS(JUD) 4DP 2NR 2736 FN1: ZERO(CED) 2737 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Gara: Page 6, line 2: Delete "and" Page 6, line 10: Delete "." Insert "; and" Page 6, following line 10: Insert a new paragraph to read: "(7) the licensee must act to pursue the represented party's best interests in the matters for which the licensee is employed by the represented party." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. Representatives Lynn and Rokeberg moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. 2004-03-03 House Journal Page 2816 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSSHB 29(JUD) Second Reading Amendment No. 1 YEAS: 16 NAYS: 21 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kerttula, Kott, Lynn, Morgan, Moses, Seaton, Wilson Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Holm, Kohring, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wolf Excused: Heinze, Kapsner, Kookesh And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gara: Page 2, line 17, following "CONTACT].": Insert "The conflict of interest statement must be contained in a separate writing titled "Disclosure of Conflict of Interest."" Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSSHB 29(JUD) Second Reading Amendment No. 2 YEAS: 17 NAYS: 20 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kerttula, Meyer, Moses, Samuels, Seaton, Weyhrauch, Wilson 2004-03-03 House Journal Page 2817 Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Holm, Kohring, Kott, Lynn, Masek, McGuire, Morgan, Ogg, Rokeberg, Stepovich, Stoltze, Williams, Wolf Excused: Heinze, Kapsner, Kookesh And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Croft: Page 5, line 13, following "physical condition of": Insert ", value of," Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. Amendment to Amendment No. 3 was offered by Representative Samuels: Add to the amendment: Page 5, line 8, following "fact": Delete "or suspicion" Representative Samuels moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment to Amendment No. 3 be adopted?" The roll was taken with the following result: CSSSHB 29(JUD) Second Reading Amendment to Amendment No. 3 YEAS: 27 NAYS: 8 EXCUSED: 3 ABSENT: 2 2004-03-03 House Journal Page 2818 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kott, Masek, Meyer, Morgan, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wolf Nays: Chenault, Foster, Kohring, Lynn, McGuire, Ogg, Rokeberg, Stepovich Excused: Heinze, Kapsner, Kookesh Absent: Moses, Wilson And so, Amendment to Amendment No. 3 was adopted. Representative Croft moved and asked unanimous consent to withdraw Amendment No. 3 as amended. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Berkowitz: Page 4, line 15, following "licensee": Delete "and not apparent or readily ascertainable to the person" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSSHB 29(JUD) Second Reading Amendment No. 4 YEAS: 23 NAYS: 12 EXCUSED: 3 ABSENT: 2 Yeas: Anderson, Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kerttula, Kott, Masek, McGuire, Meyer, Morgan, Moses, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Nays: Chenault, Coghill, Fate, Foster, Harris, Hawker, Holm, Kohring, Lynn, Ogg, Rokeberg, Samuels 2004-03-03 House Journal Page 2819 Excused: Heinze, Kapsner, Kookesh Absent: Croft, Wolf And so, Amendment No. 4 was adopted. Amendment No. 5 was offered by Representatives Gruenberg and Croft: Page 5, lines 7 - 13: Delete all material. Reletter the following subsection accordingly. Representative Gruenberg moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. Amendment to Amendment No. 5 was offered by Representative Berkowitz: Page 4, line 14: Delete "and (c)" Representative Berkowitz moved and asked unanimous consent that Amendment to Amendment No. 5 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 5 as amended was adopted. Amendment No. 6 was offered by Representative Weyhrauch: Page 2, line 17, following "CONTACT].": Insert "The licensee must also verbally advise the person of the conflict, and begin any written statement of the conflict of interest with these words, underlined and written in bold: "Disclosure of Conflict of Interest."" 2004-03-03 House Journal Page 2820 Representative Weyhrauch moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSSSHB 29(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSSHB 29(JUD) am was read the third time. The question being: "Shall CSSSHB 29(JUD) am pass the House?" The roll was taken with the following result: CSSSHB 29(JUD) am Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Gara, Gruenberg, Guttenberg, Joule, Kerttula, Ogg Excused: Heinze, Kapsner, Kookesh And so, CSSSHB 29(JUD) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Croft gave notice of reconsideration of the vote on CSSSHB 29(JUD) am.