Legislature(1995 - 1996)
1995-03-27 House Journal
Full Journal pdf1995-03-27 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 AS09.65.210 is repealed and reenacted to read: Sec. 09.65.210.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.