Legislature(2003 - 2004)

2003-05-20 Senate Journal

Full Journal pdf

2003-05-20                     Senate Journal                      Page 1657
HB 245                                                                                            
CS FOR HOUSE BILL NO. 245(JUD) am S "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 third time.                                                       
                                                                                                    
Senator Seekins moved and asked unanimous consent 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 Seekins offered Amendment No. 3 :                                                            
                                                                                                    
Page 1, line 13, following "statute":                                                               
            Insert ", except for civil damages resulting from intentional                           
misconduct within the course and scope of employment or agency and                                  
with complete disregard for the safety and property of others"                                      
                                                                                                    
Page 2, line 20, following "18.60.175.":                                                            
            Insert "This section does not apply to a civil action for                               
damages as a result of intentional misconduct within the course and                                 
scope of employment or agency and with complete disregard for the                                   
safety and property of others."                                                                     
                                                                                                    
Page 2, line 25, following "orders.":                                                               
            Insert "This subsection does not apply to a civil action for                            
damages as a result of intentional misconduct within the course and                                 
scope of employment or agency and with complete disregard for the                                   
safety and property of others."                                                                     
                                                                                                    

2003-05-20                     Senate Journal                      Page 1658
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 intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
Page 4, lines 12 - 13:                                                                              
 Delete ", except when malice or reckless indifference to the                                   
interests, rights, or safety of others is shown by clear and                                    
convincing evidence"                                                                            
                                                                                                    
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 intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
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 intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
Page 5, line 31, following "immunity.":                                                           
 Insert "(a)"                                                                                       
                                                                                                    
Page 6, following line 12:                                                                          
 Insert a new subsection to read:                                                                   

2003-05-20                     Senate Journal                      Page 1659
 "(b)  This section does not apply to a civil action for damages as a                               
result of intentional misconduct within the course and scope of                                     
employment or agency and with complete disregard for the safety and                                 
property of others."                                                                                
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 3. Senator                                  
Taylor objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHB 245(JUD) am S                                                                                  
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              
                                                                                                    
and so, Amendment No. 3 was adopted.                                                                
                                                                                                    
CS FOR HOUSE BILL NO. 245(JUD) am S was automatically in                                            
third reading.                                                                                      
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 245(JUD) am                                        
S "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" pass the Senate?" The roll                                
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-05-20                     Senate Journal                      Page 1660
CSHB 245(JUD) am S                                                                                  
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Taylor                                                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 245(JUD) am S passed the                                              
Senate.                                                                                             
                                                                                                    
Senator Ellis gave notice of reconsideration.