Date: 03/02/2009

Final
BILL SUMMARY for HB09-1193

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt prepared amendment L.002 (Attachment E). Th
Adopt prepared amendment L.003 (Attachment F). Th
Refer House Bill 09-1193, as amended, to the Commi		PASS
FAIL
PASS



06:04 PM -- House Bill 09-1193

Representative McFadyen returned to discuss House Bill 09-1193 concerning a prohibition against the shifting of financial responsibility for negligence in motor carrier transportation agreements. She distributed prepared amendment L.002 (Attachment E), which is a strike below amendment. The amendment makes indemnity clauses in motor carrier transportation contracts void and unenforceable. It excludes contracts related to railroad transportation. It is similar to legislation currently being considered in Wyoming. Representative McFadyen indicated that further technical amendments will be made for second reading. She stated that she is back with this bill this year because the problem has not been solved. She prefers to legislate through the legislature rather than the judiciary.

09HouseJud0302AttachE.pdf

BILL:HB09-1193
TIME: 06:23:08 PM
MOVED:Levy
MOTION:Adopt prepared amendment L.002 (Attachment E). The amendment is a strike below amendment. The motion passed on a vote of 11-0.
SECONDED:McCann
VOTE
Apuan
Yes
Court
Yes
Gardner B.
Yes
King
Yes
Miklosi
Yes
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
Yes
McCann
Yes
Levy
Yes
Not Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB09-1193
TIME: 06:22:55 PM
MOVED:Gardner B.
MOTION:Adopt prepared amendment L.003 (Attachment F). The amendment amends L.002. The motion failed on a vote of 3 to 8.

09HouseJud0302AttachF.pdf
SECONDED:Waller
VOTE
Apuan
No
Court
No
Gardner B.
Yes
King
Yes
Miklosi
No
Pace
No
Roberts
No
Ryden
No
Waller
Yes
McCann
No
Levy
No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB09-1193
TIME: 06:23:01 PM
MOVED:Apuan
MOTION:Refer House Bill 09-1193, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 7-4.
SECONDED:Pace
VOTE
Apuan
Yes
Court
Yes
Gardner B.
No
King
No
Miklosi
No
Pace
Yes
Roberts
Yes
Ryden
Yes
Waller
No
McCann
Yes
Levy
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS




06:25 PM

Representative Levy adjourned the committee.