House Report 115-27 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 725) TO AMEND TITLE 28, UNITED STATES CODE, TO PREVENT FRAUDULENT JOINDER

[House Report 115-27]
[From the U.S. Government Publishing Office]

115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-27

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 725) TO AMEND TITLE 28,
UNITED STATES CODE, TO PREVENT FRAUDULENT JOINDER

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March 7, 2017.--Referred to the House Calendar and ordered to be
printed

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Mr. Buck, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 175]

The Committee on Rules, having had under consideration
House Resolution 175, by a nonrecord vote, 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. 725, the
Innocent Party Protection Act, 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
provides that the bill shall be considered as read. The
resolution waives all points of order against provisions in the
bill. The resolution makes in order only those 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

Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in the bill, the Committee is not aware of any
points of order. The waiver is 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 is 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. 29

Motion by Mr. McGovern make in order and provide the
appropriate waivers to amendment # 3, offered by Rep. Barragan
(CA) which creates an exception for cases arising under a State
constitution or other law providing for expedited procedures
for cases involving claims for personal injury or wrongful
death. Defeated: 3-7

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ Nay Ms. Slaughter..................... Yea
Mr. Woodall..................................... Nay Mr. McGovern...................... Yea
Mr. Burgess..................................... ............ Mr. Hastings of Florida........... Yea
Mr. Collins..................................... Nay Mr. Polis......................... ............
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... ............
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 30

Motion by Ms. Slaughter to report an open rule. Defeated:
3-7

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Soto (FL): Creates an exception for instances of public
health risks, including byproducts of hydraulic fracturing,
well stimulation, or any water contamination. (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 Soto of Florida or His
Designee, Debatable for 10 Minutes

Page 3, line 10, strike ``This'' and insert ``Except as
otherwise provided in this subsection, this''.
Page 5, line 4, strike the close quotation mark and the
period which follows.
Page 5, after line 4, insert the following:
``(5) This subsection does not apply with respect to
a case in which the plaintiff seeks compensation for
public health risks, including byproducts of hydraulic
fracturing, well stimulation, or any water
contamination.''.
----------

2. An Amendment To Be Offered by Representative Cartwright of
Pennsylvania or His Designee, Debatable for 10 Minutes

Page 5, line 4, strike the close quotation mark and the
period which follows.
Page 5, after line 4, 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.''.

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