Legislature(1995 - 1996)
1995-04-24 House Journal
Full Journal pdf1995-04-24 House Journal Page 1471 HB 158 Amendment No. 17 was offered by Representative Elton: Page 10, lines 2 through 4: Delete all material. Renumber the following bill sections accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Porter objected. 1995-04-24 House Journal Page 1472 HB 158 The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 17 YEAS: 18 NAYS: 21 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Absent: Moses And so, Amendment No. 17 was not adopted. Representative Mackie placed a call of the House. Amendment No. 18 was offered by Representative Brown: Page 3, line 20 after ";": Insert "`product' includes an element or compound that if ingested by humans or if humans are exposed to, or are in contact with the element compound or product, poses a threat to human health" Representative Brown moved and asked unanimous consent that Amendment No. 18 be adopted. The call was satisfied. Objection was heard and withdrawn. There being no further objection, Amendment No. 18 was adopted. 1995-04-24 House Journal Page 1473 HB 158 Amendment No. 19 was offered by Representatives MacLean and Robinson: Page 6, lines 1 through 15: Delete all material. Renumber the following bill sections accordingly. Representative Robinson moved and asked unanimous consent that Amendment No. 19 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 19 YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Ogan, Parnell, Robinson, Therriault, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey And so, Amendment No. 19 was adopted. Amendment No. 20 was offered by Representative Brown: Page 14, line 31: Delete "This Act takes effect July 1, 1995." Insert "This Act takes effect only if, on or before December31, 1999, the director of the division of insurance certifies to the lieutenant governor and the revisor of statutes that the liability insurance rates filed with the division of insurance have been reduced by at least 20 1995-04-24 House Journal Page 1474 HB 158 percent from those filed on January1, 1995. In this section, "liability insurance" means insurance described under AS21.12.070(a)(2). * Sec. 34. If the condition described in sec.33 of this Act is fulfilled, this Act takes effect 30 days after the date of the certification described in sec.33 of this Act." Representative Brown moved and asked unanimous consent that Amendment No. 20 be adopted. Representative Porter objected. Amendment No. 1 to Amendment No. 20 was offered by Representative Finkelstein. Change "December 31, 1999" to "December 31, 2004" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 to Amendment No. 20 be adopted. Objection was heard. The question being: "Shall Amendment No. 1 to Amendment No. 20 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 1 to Amendment No. 20 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 1 to Amendment No. 20 was not adopted. 1995-04-24 House Journal Page 1475 HB 158 Amendment No. 2 to Amendment No. 20 was offered by Representative Brice: Change "20 percent" to "10 percent" Representative Brice moved and asked unanimous consent that Amendment No. 2 to Amendment No. 20 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 to Amendment No. 20 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 2 to Amendment No. 20 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Bunde, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 2 to Amendment No. 20 was not adopted. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 20 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 1995-04-24 House Journal Page 1476 HB 158 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 20 was not adopted. Amendment No. 21 was offered by Representative Elton: Page 5, line 6: Insert a new subsection to read: "(d) The limit under (b) or (c) of this section shall adjust annually to reflect the difference in the Consumer Price Index for all urban consumers for all items for the Anchorage metropolitan area compiled by the Bureau of Labor Statistics, United States Department of Labor, for the preceding calendar year. The index for the first half of 1995 is the reference base index." Reletter the following subsections. Representative Elton moved and asked unanimous consent that Amendment No. 21 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 21 was adopted. Amendment No. 22 was offered by Representative Davies: Page 2, line 30: Delete "EIGHT" Insert "10" Page 3, line 1: Delete "personal injury, death" Insert "birth-related personal injury or death" 1995-04-24 House Journal Page 1477 HB 158 Page 3, line 2: Delete "eight" Insert "10" Page 3, line 4: Delete "personal injury, death" Insert "birth-related personal injury or death" Page 3, line 7: Delete "personal injury, death" Insert "birth-related personal injury or death" Page 3, line 10: Delete "personal injury, death" Insert "birth-related personal injury or death" Representative Davies moved and asked unanimous consent that Amendment No. 22 be adopted. Representative Porter objected. Representative Brice moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. There being no objection, Amendment No. 22 was divided into two parts. Part 1 of Amendment No. 22: Page 2, line 30: Delete "EIGHT" Insert "10" Page 3, line 2: Delete "eight" Insert "10" The question being: "Shall Amendment No. 22, Part 1 be adopted?" The roll was taken with the following result: 1995-04-24 House Journal Page 1478 HB 158 CSHB 158(FIN) am Second Reading Amendment No. 22, Part 1 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Brice, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 22, Part 1 was not adopted. Part 2 of Amendment No. 22: Page 3, line 1: Delete "personal injury, death" Insert "birth-related personal injury or death" Page 3, line 4: Delete "personal injury, death" Insert "birth-related personal injury or death" Page 3, line 7: Delete "personal injury, death" Insert "birth-related personal injury or death" Page 3, line 10: Delete "personal injury, death" Insert "birth-related personal injury or death" The question being: "Shall Amendment No. 22, Part 2 be adopted?" The roll was taken with the following result: 1995-04-24 House Journal Page 1479 HB 158 CSHB 158(FIN) am Second Reading Amendment No. 22, Part 2 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 22, Part 2 was not adopted. Amendment No. 23 was offered by Representative B.Davis: Page 5, line 2: Delete "or" Page 5, line 5: Delete "." Insert "; or (C) has a gross disfigurement." Representative B.Davis moved and asked unanimous consent that Amendment No. 23 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 23 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 23 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 1995-04-24 House Journal Page 1480 HB 158 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Parnell, Robinson, Sanders, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 23 was not adopted. Amendment No. 24 was offered by Representative Davies: Page 3, line 9 after "apply": Insert "to an action against a person who was in actual possession and lawful control of an improvement at the time a defect of the improvement caused the personal injury, death, or property damage or" Representative Davies moved and asked unanimous consent that Amendment No. 24 be adopted. Objection was heard. The question being: "Shall Amendment No. 24 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 24 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey 1995-04-24 House Journal Page 1481 HB 158 And so, Amendment No. 24 was not adopted. Amendment No. 25 was not offered. Amendment No. 26 was offered by Representative Brown: Page 1, line 2 (title amendment): Delete "Rule of Evidence" Insert "Rules of Evidence 411 and" Page 9, after line 1: Insert a new bill section to read: "* Sec. 14. AS09.25 is amended by adding a new section to read: Sec. 09.25.035. EVIDENCE OF LIABILITY INSURANCE. A claimant in an action for personal injury or death may introduce evidence that a person defending a claim is insured by a policy of liability insurance. In this section, "liability insurance" means a policy of insurance described under AS21.12.070(a)(2)." Renumber the following bill sections accordingly. Page 14, after line 9: Insert a new bill section to read: "* Sec. 27. AS 09.25.035, enacted in sec.14 of this Act, has the effect of amending Alaska Rule of Evidence 411 by providing that evidence of liability insurance may be introduced by a claimant in a civil action for personal injury or death." Renumber the following bill sections accordingly. Page 14, line 10: Delete "sec. 14" Insert "sec. 15" Page 14, line 15: Delete "sec. 16" Insert "sec. 17" Page 14, line 18: Delete "sec. 18" Insert "sec. 19" 1995-04-24 House Journal Page 1482 HB 158 Page 14, line 21: Delete "sec. 18" Insert "sec. 19" Page 14, line 23: Delete "sec. 23" Insert "sec. 24" Representative Brown moved and asked unanimous consent that Amendment No. 26 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 26 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 26 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 26 was not adopted. Amendment No. 27 was offered by Representative Davies: Page 3, line 24 following "law.": Insert a new paragraph to read: "(4) a longer period of time for bringing the action was provided under a contract." 1995-04-24 House Journal Page 1483 HB 158 Representative Davies moved and asked unanimous consent that Amendment No. 27 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 27 was adopted. Amendment No. 28 was offered by Representative Brown: Page 11, line 24 following "provider" through line 26: Delete all material. Insert "." Representative Brown moved and asked unanimous consent that Amendment No. 28 be adopted. Representative Finkelstein objected and withdrew the objection. There being no further objection, Amendment No. 28 was adopted. Amendment No. 29 was offered by Representative Navarre: Page 11, line 27 through page 12, line 2: Delete all material. Renumber the following bill sections accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 29 be adopted. Representative Porter objected and withdrew the objection. There being no further objection, Amendment No. 29 was adopted. Amendment No. 30 was offered by Representative Finkelstein: Page 4, line 19, through page 5, line 13: Delete all material and insert: "* Sec. 5. AS 09.17.010(c) is amended to read: (c) The limit under (b) of this section does not apply to damages for disfigurement or severe physical impairment. In this subsection, "disfigurement or severe physical impairment" means that a person who is injured 1995-04-24 House Journal Page 1484 HB 158 (1) is a hemiplegic, paraplegic, or quadriplegic, and has permanent functional loss of one or more limbs resulting from injury to the spine or spinal cord; or (2) has permanently impaired cognitive capacity, is incapable of making independent, responsible decisions, and is permanently incapable of independently performing the activities of normal, daily living. * Sec. 6. AS 09.17.010 is amended by adding a new subsection to read: (d) Multiple injuries sustained as a result of a single incident shall be treated as a single injury for purposes of this section." Renumber the following bill sections accordingly. Page 14, line 6: Delete "sec. 12" Insert "sec. 13" Page 14, line 10: Delete "sec. 14" Insert "sec. 15" Page 14, line 15: Delete "sec. 16" Insert "sec. 17" Page 14, line 18: Delete "sec. 18" Insert "sec. 19" Page 14, line 21: Delete "sec. 18" Insert "sec. 19" Page 14, line 23: Delete "sec. 23" Insert "sec. 24" Representative Finkelstein moved and asked unanimous consent that Amendment No. 30 be adopted. 1995-04-24 House Journal Page 1485 HB 158 Representative Vezey objected. The Speaker stated that CSHB158(FIN)am would be held in second reading, with pending amendments, to the April 25, 1995, calendar.