72nd Legislative Session -- 1997

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Hunt, Chair
P      Hagg, Vice-Chair
P      Brosz
P      Brown (Jarvis)
P      de Hueck
P      Duniphan
P      Fitzgerald
P      Matthews
P      Rost
P      Collier
P      Gleason
P      Moore
P      Volesky


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Hunt.

MOTION:      TO APPROVE THE MINUTES OF February 24, 1997.

Moved by:      Representative Duniphan
Second by:      Representative Rost
Action:      Prevailed by voice vote.

          SB 81:   to establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

Proponents:      Darla Lyon, Division of Insurance
Opponents:      None
Presented by:      Darla Lyon, Division of Insurance
Comments by:      Mark Barnett, Attorney General

MOTION:      AMEND SB 81

r-81c

     On page 3 , line 9 Senate Commerce committee engrossed bill , delete " Class 4 " and insert " Class 6 " .

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Moved by:      Representative Moore
Second by:      Representative Collier
Action:      Prevailed by voice vote.

MOTION:      AMEND SB 81

j-81a

     On page 1 , line 5 , after " transacting " insert " insurance " .

     On page 5 , line 20 , delete " determines the division would not be unnecessarily hindered " and insert " so orders " .

     On page 5 , line 21 , delete " by such subpoena " .

     On page 5 , line 23 , after " division " insert " , unless so ordered by the court " .

Moved by:      Representative Gleason
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

MOTION:      AMEND SB 81

r-81d

     On page 7 , after line 10 of the Senate Commerce committee engrossed bill , insert:

"     Section 14. The Division of Insurance shall annually report to the Legislature concerning the activities of the insurance fraud prevention unit including the number and type of cases investigated, the outcome of such investigations, and costs and expenditures incurred during such investigations. "

Moved by:      Representative Matthews
Second by:      Representative Moore
Action:      Prevailed by voice vote.

MOTION:      DEFER SB 81 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Duniphan
Second by:      Representative Moore
Action:      Was not acted on.

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MOTION:      SUBSTITUTE MOTION DO PASS SB 81

Moved by:      Representative Volesky
Second by:      Representative Brown (Jarvis)
Action:      Failed by roll call vote.   (3-9-1-0)

Voting yes:      Fitzgerald, Matthews, Volesky

Voting no:      Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Rost, Collier, Gleason, Moore

Excused:      de Hueck

MOTION:      SUBSTITUTE MOTION AMEND SB 81

r-81a

     On page 2 , line 17 of the Senate Commerce committee engrossed bill , delete " Receives " and insert " As an agent or broker of insurance, receives " .

Moved by:      Representative Matthews
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

MOTION:      DEFER SB 81 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Duniphan
Second by:      Representative Hagg
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Hagg, Brosz, Brown (Jarvis), Duniphan, Rost, Collier, Gleason, Moore

Voting no:      Hunt, de Hueck, Fitzgerald, Matthews, Volesky

          SB 75:   to clarify the acts that constitute unfair claims practice and establish requirements for claims practices and procedures.

Proponents:      Darla Lyon, Division of Insurance
          Rue Hanson, AARP
          Randy Moses, Division of Insurance
Opponents:      None
Presented by:      Darla Lyon, Division of Insurance

MOTION:      DO PASS SB 75

Moved by:      Representative de Hueck
Second by:      Representative Rost
Action:      Prevailed by roll call vote.   (13-0-0-0)

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Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky

          SB 106:   to provide for protection orders in cases of stalking.

Proponents:      Senator Lawler
Opponents:      None
Presented by:      Senator Lawler

MOTION:      CALL THE QUESTION

Moved by:      Representative Matthews
Second by:      Representative Duniphan
Action:    Prevailed by voice vote.

MOTION:      DO PASS SB 106

Moved by:      Representative Brown (Jarvis)
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (12-1-0-0)

Voting yes:      Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky

Voting no:      Hunt

          SB 143:   to expand the definition of the crime of stalking.



MOTION:      AMEND SB 143

r-143a

     On page 1 , line 5 of the Senate Judiciary committee engrossed bill , delete " follows or " and insert " follows or and " .

Moved by:      Representative Fitzgerald
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

MOTION:      TO AMEND TITLE OF SB 143

r-143ta

     On page 1 , line 1 of the Senate Judiciary committee engrossed bill , delete " expand " and insert " clarify " .

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Moved by:      Representative Duniphan
Second by:      Representative Rost
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO AMEND TITLE OF SB 143

r-143t

     On page 1 , line 1 of the Senate Judiciary committee engrossed bill , delete " expand " and insert " revise " .

Moved by:      Representative de Hueck
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 143 AS AMENDED

Moved by:      Representative Moore
Second by:      Representative Gleason
Action:      Prevailed by roll call vote.   (9-4-0-0)

Voting yes:      Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Rost, Collier, Gleason, Moore, Volesky

Voting no:      Hunt, Hagg, de Hueck, Matthews

          SB 113:   to establish degrees of unlawful occupancy and prescribe penalties therefor.

Proponents:      Senator Hutmacher
          Linda Pletska, Mitchell
Opponents:      Representative Sokolow
Presented by:      Senator Hutmacher

MOTION:      AMEND SB 113

r-113a

     On page 1 , line 9 of the Senate engrossed bill , after " structure " insert " , which is a private residence " .

Moved by:      Representative Matthews
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

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MOTION:      AMEND SB 113

r-113b

     On page 1 , line 6 of the Senate engrossed bill , delete " unoccupied " .

Moved by:      Representative Matthews
Second by:      Representative Fitzgerald
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 113 AS AMENDED

Moved by:      Representative Volesky
Second by:      Representative Matthews
Action:      Failed by roll call vote.   (5-8-0-0)

Voting yes:      Brosz, Duniphan, Fitzgerald, Matthews, Volesky

Voting no:      Hunt, Hagg, Brown (Jarvis), de Hueck, Rost, Collier, Gleason, Moore

MOTION:      TO TABLE SB 113

Moved by:      Representative Hagg
Second by:      Representative Brown (Jarvis)
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Rost, Collier, Moore

Voting no:      Duniphan, Fitzgerald, Matthews, Gleason, Volesky

MOTION:      ADJOURN

Moved by:      Representative Gleason
Second by:      Representative Duniphan
Action:      Prevailed by voice vote.

Brooke Pike

Committee Secretary