Legislature(2003 - 2004)

2003-05-19 Senate Journal

Full Journal pdf

2003-05-19                     Senate Journal                      Page 1602
HB 245                                                                                            
CS FOR HOUSE BILL NO. 245(JUD)(efd fld) "An Act relating to                                         
certain suits and claims by members of the military services; relating                              
to certain suits and claims regarding acts or omissions of the organized                            
militia; relating to workers' compensation and death benefits for                                   
members of the organized militia; relating to liability arising out of                              
certain search and rescue, civil defense, fire management, and fire                                 
fighting activities" was read the second time.                                                      
                                                                                                    
Senator Taylor offered Amendment No. 1 :                                                             
                                                                                                    
Page 1, line 13, following "statute":                                                               
 Insert ", except for civil damages resulting from gross negligence                                 
or reckless or intentional misconduct"                                                              
                                                                                                    
Page 2, line 20, following "18.60.175.":                                                            
 Insert "This section does not apply to a civil action for damages as                               
a result of gross negligence or reckless or intentional misconduct."                                
                                                                                                    

2003-05-19                     Senate Journal                      Page 1603
Page 2, line 25, following "orders.":                                                               
 Insert "This subsection does not apply to a civil action for                                       
damages as a result of gross negligence or reckless or intentional                                  
misconduct."                                                                                        
                                                                                                    
Page 3, following line 4:                                                                           
 Insert a new subsection to read:                                                                   
 "(c)  This section does not apply to a civil action for damages as a                               
result of gross negligence or reckless or intentional misconduct."                                  
                                                                                                    
Page 4, line 14:                                                                                    
 Delete "a new subsection"                                                                          
 Insert "new subsections"                                                                           
                                                                                                    
Page 4, following line 14:                                                                          
 Insert a new subsection to read:                                                                   
 "(c)  This section does not apply to a civil action for damages as a                               
result of gross negligence or reckless or intentional misconduct."                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 5, line 18, following "immunity.":                                                           
 Insert "(a)"                                                                                       
                                                                                                    
Page 5, following line 29:                                                                          
 Insert a new subsection to read:                                                                   
 "(b)  This section does not apply to a civil action for damages as a                               
result of gross negligence or reckless or intentional misconduct."                                  
                                                                                                    
Page 5, line 31, following "immunity.":                                                           
 Insert "(a)"                                                                                       
                                                                                                    
Page 6, following line 12:                                                                          
 Insert a new subsection to read:                                                                   
 "(b)  This section does not apply to a civil action for damages as a                               
result of gross negligence or reckless or intentional misconduct."                                  
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    

2003-05-19                     Senate Journal                      Page 1604
Senator Ogan moved for the adoption of the following amendment to                                   
Amendment No. 1:                                                                                    
                                                                                                    
Page 1, line 13, following "statute":                                                               
 Insert ", except for civil damages resulting from reckless or                                      
intentional misconduct"                                                                             
                                                                                                    
Page 2, line 20, following "18.60.175.":                                                            
 Insert "This section does not apply to a civil action for damages as                               
a result of reckless or intentional misconduct."                                                    
                                                                                                    
Page 2, line 25, following "orders.":                                                               
 Insert "This subsection does not apply to a civil action for                                       
damages as a result of reckless or intentional misconduct."                                         
                                                                                                    
Page 3, following line 4:                                                                           
 Insert a new subsection to read:                                                                   
 "(c)  This section does not apply to a civil action for damages as a                               
result of reckless or intentional misconduct."                                                      
                                                                                                    
Page 4, line 14:                                                                                    
 Delete "a new subsection"                                                                          
 Insert "new subsections"                                                                           
                                                                                                    
Page 4, following line 14:                                                                          
 Insert a new subsection to read:                                                                   
 "(c)  This section does not apply to a civil action for damages as a                               
result of reckless or intentional misconduct."                                                      
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 5, line 18, following "immunity.":                                                           
 Insert "(a)"                                                                                       
                                                                                                    
Page 5, following line 29:                                                                          
 Insert a new subsection to read:                                                                   
 "(b)  This section does not apply to a civil action for damages as a                               
result of reckless or intentional misconduct."                                                      
                                                                                                    
                                                                                                    

2003-05-19                     Senate Journal                      Page 1605
Page 5, line 31, following "immunity.":                                                           
 Insert "(a)"                                                                                       
                                                                                                    
Page 6, following line 12:                                                                          
 Insert a new subsection to read:                                                                   
 "(b)  This section does not apply to a civil action for damages as a                               
result of reckless or intentional misconduct."                                                      
                                                                                                    
Without objection, Amendment No. 1 was amended.                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 as amended be                                            
adopted?" The roll was taken with the following result:                                             
                                                                                                    
CSHB 245(JUD) (efd fld)                                                                             
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman,                                   
Lincoln, Ogan, Olson, Taylor, Wagoner                                                               
                                                                                                    
Nays:  Cowdery, Green, Seekins, Stevens B, Stevens G, Therriault,                                   
Wilken                                                                                              
                                                                                                    
and so, Amendment No. 1 as amended was adopted.                                                     
                                                                                                    
(Amendment No. 2 was not offered.)                                                                  
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 245(JUD) am                                       
S will be on the May 20 calendar.