HOUSE COMMITTEE ON JUDICIARY

July 03, 2003 Hearing Room 357

11:00 a.m. Tapes  234 - 235

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2572 Work Session

SB 342 Work Session

                                                SB 297A Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 234, A

003

Chair Williams

Calls the meeting to order at 11:05 a.m. Opens a work session on HB 2572 which increases motor vehicle liability coverage required for personal injury and property damage.

HB 2572 WORK SESSION

020

Chair Williams

MOTION:  Moves HB 2572 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means.  (*Note: this bill was eventually sent to the Committee on Rules & Public Affairs).

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Shetterly

022

Chair Williams

Hearing no objection, declares the motion CARRIED.

025

Chair Williams

Closes the work session on HB 2572 and opens a work session on SB 342.

SB 342 WORK SESSION

026

Craig Prins

Committee Counsel. Introduces SB 342 which provides that for purposes of crime of possession of controlled substance person possesses controlled substance if person intentionally consumes controlled substance and certain other circumstances are present. Discusses the -1, -2, -3, and the -4 amendments (EXHIBITS A-D).

049

Chair Williams

Asks Mr. Prins if the -5 amendments (EXHIBIT E) are a combination of the -1 and the -3 amendments.

063

Rep. Prozanski

Talks about the -4 amendments.

082

Prins

Discusses the compromise they are trying to make with the amendments and the Attorney General’s position on the bill.

105

Chair Williams

Asserts that they are not in a position to compromise and feels they need to vote.

122

Rep. Prozanski

MOTION:  Moves to ADOPT SB 342-5 amendments dated 07/03/03.

126

Rep. Prozanski

Discusses his motion.

145

Chair Williams

Talks about bill and amendments.

171

Rep. Jenson

Discusses his concerns.

186

Prins

Explains sentences for the manufacturing or delivering of a controlled substance.

201

Vice Chair Ackerman

Says that we are a little bit off the point. Discusses the original intent of the bill.

234

Rep. Prozanski

Withdraws his motion.

235

Rep. Prozanski

MOTION:  Moves to ADOPT SB 342-4 amendments dated 07/03/03.

254

Rep. Prozanski

Explains the -4 amendments to Rep. Krummel.

265

Rep. Krummel

Asks if there was discussion regarding drug intervention.

273

Rep. Prozanski

Answers yes and explains.

292

Rep. Jenson

States that he will support the -4’s, but has some reservations.

305

 

VOTE:  8-0-1

EXCUSED:  1 - Shetterly

312

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

325

Rep. Jenson

Says that he will not support the -3 amendments.

341

Vice Chair Anderson

States his support for the -3 amendments.

345

Chair Williams

MOTION:  Moves to SUSPEND the rules for the purpose of adopting a CONCEPTUAL AMENDMENT to SB 342.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Shetterly

346

Chair Williams

Hearing no objection, declares the motion CARRIED.

348

Chair Williams

MOTION:  Moves to ADOPT THE CONCEPTUAL AMENDMENTS TO SB 342-3 amendments dated 07/02/03, by deleting lines 1-5 on page 1, and by deleting SECTION 14 on page 5.

 

 

VOTE:  5-3-1

AYE:               5 - Ackerman, Anderson, Barker, Krummel, Williams

NAY:               3 - Jenson, Macpherson, Prozanski

EXCUSED:     1 - Shetterly

356

Chair Williams

The motion CARRIES.

363

Chair Williams

MOTION:  Moves SB 342 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Shetterly

370

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

375

Chair Williams

Closes the work session on SB 342 and opens a work session on SB 297A.

SB 297A WORK SESSION

425

Representative Tom Butler

House District 60. Testifies in support of SB 297A which requires insurer to pay all sums covered by general liability insurance policy unaffected by other insurance that may provide coverage for same environmental claim and the -16 amendments (EXHIBIT F).

TAPE 235, A

011

Rep. Butler

Continues his testimony on SB 297A and the -16 amendments.

049

Jack Munro

American Insurance Association. Testifies in support of SB 297A and explains the -A10 amendments (EXHIBIT G) and the -A8 amendments (EXHIBIT H).   

091

Greg Baird

Attorney. Discusses the -8 amendments.

104

Munro

Talks about the -A11, the –A13 and the –A15 amendments (EXHIBITS I-K).

172

Baird

Explains the –A13 amendments.

217

Bill Taylor

Committee Counsel. Asks him to point out the preponderance of the evidence standard in the –A11 and -A13 amendments.

260

Tom Gallagher

Schnitzer Investment Corporation. Submits testimony and testifies in support of the –A12 amendments (EXHIBITS L-N).

326

Chair Williams

Asks about the self-insured and insured issues in the –A13 amendments.

340

Joan Snider

Attorney. Explains the –A13 amendments and says they are opposed to them.

445

Michael Morter

Department of Consumer and Business Services. Discusses the –A14 amendments (EXHIBIT O).

TAPE 234, B

017

Rep. Macpherson

Explains the –A17 and –A18 amendments (EXHIBITS P & Q).

087

Jack Munro

Comments on the –A17 and –A18 amendments. Says they have not had a chance to look at them.

095

Gallagher

Discusses the amendments and says that they are willing to compromise.

127

Munro

Provides a letter from David Prange to give to the committee (EXHIBIT R).

133

Chair Williams

Closes the work session on SB 297A. Adjourns the meeting at 12:10 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 342, -1 amendments, submitted by staff, dated 5/22/03, 2 pgs.

B – SB 342, -2 amendments, submitted by staff, dated 6/27/03, 22 pgs.

C – SB 342, -3 amendments, submitted by staff, dated 7/2/03, 5 pgs.

D – SB 342, -4 amendments, submitted by staff, dated 7/3/03, 2 pgs.

E – SB 342, -5 amendments, submitted by staff, dated 7/3/03, 6 pgs.

F – SB 297A, -A16 amendments, submitted by staff, dated 7/3/03, 2 pgs.

G – SB 297A, -A10 amendments, submitted by staff, dated 7/1/03, 1 pg.

H – SB 297A, -A8 amendments, submitted by staff, dated 7/1/03, 1 pg.

I – SB 297A, -A11 amendments, submitted by staff, dated 7/1/03, 4 pgs.

J – SB 297A, -A13 amendments, submitted by staff, dated 7/2/03, 1 pg.

K – SB 297A, -A15 amendments, submitted by staff, dated 7/3/03, 3 pgs.

L – SB 297A, -A12 amendments, submitted by staff, dated 7/2/03, 1 pg.

M – SB 297A, written testimony of Mike Salsgiver, submitted by Tom Gallagher, 1 pg.

N – SB 297A, written testimony of Patti McCoy, submitted by Tom Gallagher, 1 pg.

O – SB 297A, -A14 amendments, submitted by staff, dated 7/3/03, 1 pg.

P – SB 297A, -A17 amendments, submitted by staff, dated 7/3/03, 1 pg.

Q – SB 297A, -A18 amendments, submitted by staff, dated 7/3/03, 1 pg.

R – SB 297A, written testimony of David Prange, submitted by staff, 3 pgs.