Legislature(2003 - 2004)
2003-05-20 Senate Journal
Full Journal pdf2003-05-20 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.