Legislature(2003 - 2004)
2003-05-19 Senate Journal
Full Journal pdf2003-05-19 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.