[House Report 114-428]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-428
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3624) TO AMEND TITLE 28,
UNITED STATES CODE, TO PREVENT FRAUDULENT JOINDER
_______
February 23, 2016.--Referred to the House Calendar and ordered to be
printed
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Mr. Collins of Georgia, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 618]
The Committee on Rules, having had under consideration
House Resolution 618, by a record vote of 7 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3624, the
Fraudulent Joinder Prevention Act of 2015, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on the Judiciary. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
the purpose of amendment the amendment in the nature of a
substitute recommended by the Committee on the Judiciary now
printed in the bill and provides that it shall be considered as
read. The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in this report.
Each such amendment may be offered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of clause 3(e)(1) of rule XIII
(``Ramseyer''), requiring a committee report accompanying a
bill amending or repealing statutes to show, by typographical
device, parts of statute affected. The waiver is provided
because the submission provided by the Committee on the
Judiciary was insufficient to meet the standards established by
the rule in its current form. The Committee on Rules continues
to work with the House Office of Legislative Counsel and
committees to determine the steps necessary to comply with the
updated rule.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver of all points of order prophylactic in
nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver of all points of order
prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 146
Motion by Ms. Slaughter to report an open rule. Defeated:
3-6
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... ............
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... ............
Mr. Collins..................................... Nay
Mr. Byrne....................................... ............
Mr. Newhouse.................................... ............
Mr. Sessions, Chairman.......................... Nay
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Rules Committee record vote No. 147
Motion by Mr. Cole to report the rule. Adopted: 7-3
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... ............
Mr. Burgess..................................... Yea Mr. Polis......................... Nay
Mr. Stivers..................................... ............
Mr. Collins..................................... Yea
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... Yea
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Buck (CO): MANAGER'S Makes technical changes to the
bill; striking references to multiple defendants and replacing
them with references to single defendants. (10 minutes)
2. Cartwright (PA): Creates a separate exception for
plaintiffs seeking compensation resulting from the bad faith of
an insurer. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Buck of Colorado or His
Designee, Debatable for 10 Minutes
Page 4, line 1, strike ``the defendant or defendants'' and
insert ``a defendant''.
Page 4, line 5, after ``facts'' insert ``with respect to that
defendant''.
Page 4 beginning in line 9 and ending in line 10, strike
``each defendant described in paragraph (1)(B)'' and insert
``that defendant''.
Page 4, beginning in line 12 and ending in line 13, strike
``all defendants described in paragraph (1)(B)'' and insert
``that defendant''.
Page 4, beginning in line 16 and ending in line 17, strike
``all defendants described in paragraph (1)(B)'' and insert
``that defendant''.
Page 4, line 17, after ``joint judgment'' insert ``including
that defendant''.
Page 4, line 23, strike ``fraudulent joinder'' and insert
``that all defendants described in paragraph (1)(B) have been
fraudulently joined''.
Page 4, beginning in line 25 and ending in line 1 of page 5
strike ``the defendant or defendants found to have been
fraudulently joined'' and insert ``those defendants''.
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2. An Amendment To Be Offered by Representative Cartwright of
Pennsylvania or His Designee, Debatable for 10 Minutes
Page 5, line 2, strike the close quotation mark and the
period which follows.
Page 5, after line 2, insert the following:
``(5) This subsection shall not apply to a case in
which the plaintiff seeks compensation resulting from
the bad faith of an insurer.''.
[all]