Legislature(1993 - 1994)

1993-05-10 Senate Journal

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1993-05-10                     Senate Journal                      Page 2286
HB 160                                                                       
HOUSE BILL NO. 160(title am) "An Act relating to the time for                  
filing certain civil actions based on a defect in an improvement to            
real property; and providing for an effective date" was before the             
Senate in second reading with a motion pending to rescind its                  
previous action in returning the bill to the Rules Committee.                  
                                                                               
The question being: "Shall the Senate rescind its previous action in           
returning HOUSE BILL NO. 160(title am) to the Rules Committee?"                
The roll was taken with the following result:                                  
                                                                               
HB 160(TITLE AM)                                                               
Second Reading                                                                 
Shall the Senate rescind its previous                                          
motion in returning the bill to the Rules Committee?                           
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp                                                            
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Taylor, Zharoff                                                                
                                                                               
and so, the Senate rescinded its action.                                       

1993-05-10                     Senate Journal                      Page 2287
HB 160                                                                       
The question being: "Shall HOUSE BILL NO. 160(title am) be                     
returned to the Rules Committee?"  The roll was taken with the                 
following result:                                                              
                                                                               
HB 160(TITLE AM)                                                               
Shall the bill be returned to the                                              
Rules Committee?                                                               
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp                                                            
                                                                               
and so, the bill was not returned to the Rules Committee.                      
                                                                               
HOUSE BILL NO. 160(title am) "An Act relating to the time for                  
filing certain civil actions based on a defect in an improvement to            
real property; and providing for an effective date" was before the             
Senate in second reading.                                                      
                                                                               
Senator Donley offered Amendment No. 2 :                                        
                                                                               
	Page 3, lines 2 & 6:	Delete  "10"                                             
				Insert  "20"                                                               
                                                                               
	Page 3, line 9:		Delete  "10th"                                               
				Insert  "20th"                                                             
                                                                               
Senator Donley moved for the adoption of Amendment No. 2.                      
Senator Kelly objected.                                                        
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2288
HB 160                                                                       
                                                                               
HB 160(TITLE AM)                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp                                                            
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Donley offered Amendment No. 1 :                                        
                                                                               
	Page 3, lines 2 & 6:	Delete  "10"                                             
				Insert  "15"                                                               
                                                                               
	Page 3, line 9:		Delete  "10th"                                               
				Insert  "15th"                                                             
                                                                               
Senator Donley moved for the adoption of Amendment No. 1.                      
Senator Kelly objected.                                                        
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
HB 160(TITLE AM)                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Miller, Salo, Taylor, Zharoff                                                  
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Pearce, Phillips, Rieger,          
Sharp                                                                          
                                                                               

1993-05-10                     Senate Journal                      Page 2289
HB 160                                                                       
and so, Amendment No. 1 was adopted.                                           
                                                                               
Amendment No. 3 was not offered.                                               
                                                                               
Senator Taylor offered Amendment No. 4 :                                        
                                                                               
Page 1, line 1, after "actions":                                             
	Insert "and to apportionment of damages in a civil action"                  
                                                                               
Page 3, after line 25:                                                         
	Insert new bill sections to read:                                             
   "* Sec. 4.  AS09.17.080(a) is amended to read:                            
	(a)  In all actions involving fault of more than one                         
party to the action, including third-party defendants and                      
persons who have been released under AS09.16.040 or                          
determined to be immune under AS09.10.055, the court,                        
unless otherwise agreed by all parties, shall instruct the jury                
to answer special interrogatories or, if there is no jury, shall               
make findings, indicating                                                      
		(1)  the amount of damages each claimant                                    
would be entitled to recover if contributory fault and                       
immunity under AS09.10.055 are [IS] disregarded; and                         
		(2)  the percentage of the total fault of all                               
of the parties to each claim that is allocated to each                         
claimant, defendant, third-party defendant, and person who                     
has been released from liability under AS09.16.040 or                        
found to be immune under AS09.10.055.                                        
   * Sec. 5.  AS09.17.080(c) is amended to read:                             
	(c)  The court shall determine the award of damages                          
to each claimant in accordance with the findings, subject to                   
a reduction under AS09.16.040, and enter judgment against                      
each party liable.  The court also shall determine and state                   
in the judgment each party's equitable share of the                            
obligation to each claimant in accordance with the respective                  
percentages of fault, and (e) of this section if applicable.               
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2290
HB 160                                                                       
   * Sec. 6.  AS09.17.080(d) is amended to read:                             
	(d)  Except as provided under (e) of this section,                         
the [THE] court shall enter judgment against each party                      
liable on the basis of several liability in accordance with                    
that party's percentage of fault.                                              
   * Sec. 7.  AS09.17.080 is amended by adding a new subsection              
to read:                                                                       
 	(e)  In an action in which the amount of damages                            
determined under (a)(1) of this section includes an allocation                 
to a party that is immune under AS09.10.055, the court                         
may not enter judgment against the immune party but shall                      
add the damages allocated to the immune party to each                          
other party's liability in proportion to the relative                          
percentages of fault of the other parties and enter judgment                   
accordingly."                                                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Taylor moved for the adoption of Amendment No. 4.                      
                                                                               
Senator Duncan rose to a point of order.                                       
                                                                               
Senator Taylor moved and asked unanimous consent that Amendment                
No. 4 be withdrawn.  Without objection, it was so ordered.                     
                                                                               
Senator Taylor moved and asked unanimous consent that HOUSE                    
BILL NO. 160 am S be considered engrossed, advanced to third                   
reading and placed on final passage.  Senator Donley objected.                 
                                                                               
The question being: "Shall HOUSE BILL NO. 160 am S be                          
advanced to third reading?"  The roll was taken with the following             
result:                                                                        
                                                                               
HB 160 AM S                                                                    
Second Reading                                                                 
Advance from Second to Third Reading?                                          
                                                                               

1993-05-10                     Senate Journal                      Page 2291
HB 160                                                                       
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp, Taylor                                                    
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Zharoff                                                                        
                                                                               
and so, HOUSE BILL NO. 160 am S failed to be advanced to third                 
reading.