Legislature(1995 - 1996)

1995-03-27 House Journal

Full Journal pdf

1995-03-27                     House Journal                      Page 0936
HB 158                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 158                                                            
"An Act relating to civil actions; amending Alaska Rules of Civil             
Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702;                
and providing for an effective date."                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) 4DP 2DNP                                         635         
	FISCAL NOTE (COURT)                                               635         
	3 ZERO FISCAL NOTES (LAW, ADM, DCED)                              635         
	FIN RPT  CS(FIN) 2DP 4NR 3AM                                      841         
	FISCAL NOTE (COURT)                                               842         
	3 ZERO FNS (LAW, ADM, DCED) 3/8/95                                842         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 158(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was not offered.                                               
                                                                               

1995-03-27                     House Journal                      Page 0937
HB 158                                                                       
Amendment No. 2 was offered  by Representatives Navarre and Porter:             
                                                                               
Page 13, lines 2 - 11:                                                         
	Delete all material.                                                          
	Insert a new bill section to read:                                            
   "* Sec. 22.  AS09.65.210 is repealed and reenacted to read:               
	Sec. 09.65.210.  DAMAGES RESULTING FROM                                      
COMMISSION OF A FELONY.  (a)  A person who suffers                             
personal injury or property damage may not recover damages for                 
the personal injury or property damage if the injury occurred while            
the person was committing or attempting to commit a felony, or                 
fleeing from the commission of a felony and the person has been                
convicted of the felony, including conviction based on a guilty                
plea or plea of nolo contendere, and the felony substantially                  
contributed to the injury or property damage.                                  
	(b)  The personal representative of a deceased person may not                
recover damages for the person's death if the court determines by              
clear and convincing evidence that the death occurred while the                
person was committing or attempting to commit a felony, or                     
fleeing from the commission of a felony, and that the felony                   
substantially contributed to the death."                                       
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Davies:                          
                                                                               
Page 2, after line 28 through page 4, line 1:                                  
                                                                               
Delete all material.                                                          
                                                                               
Renumber remaining sections accordingly.                                       
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
**Representative Masek was excused due to illness.                             

1995-03-27                     House Journal                      Page 0938
HB 158                                                                       
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 158(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
                                                                               
YEAS:  17   NAYS:  19   EXCUSED:  4   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein,          
Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia,               
Robinson, Williams, Willis                                                     
                                                                               
                                                                               
Nays:  Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott,             
Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg,              
Therriault, Toohey, Vezey                                                      
                                                                               
                                                                               
Excused:  Brice, Ivan, Masek, Sanders                                          
                                                                               
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 6:00 p.m.  There being no objection, the House              
recessed at 2:03 p.m.