Legislature(1995 - 1996)

1995-04-24 House Journal

Full Journal pdf

1995-04-24                     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.