Legislature(1995 - 1996)
1995-04-25 House Journal
Full Journal pdf1995-04-25 House Journal Page 1502 HB 158 The following, which had been held in second reading with Amendment No. 30 pending (page 1483), until today's calendar (page 1485), was again before the House: CS FOR HOUSE BILL NO. 158(FIN) am "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." Representative Davies placed a call of the House on the bill and amendments. The Speaker invoked Section 102 of Mason's manual. The call was satisfied. The question being: "Shall Amendment No. 30 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 30 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 30 was not adopted. 1995-04-25 House Journal Page 1503 HB 158 Amendment No. 31 was offered by Representative Finkelstein: Page 8, line 21 following "action.": Insert "If a claimant, defendant, or third party defendant alleges that an employer is responsible, in whole or in part, for the damages, AS 23.30.055 shall not apply. Representative Finkelstein moved and asked unanimous consent that Amendment No. 31 be adopted. Representative Vezey objected. Representative Finkelstein moved and asked unanimous consent to withdraw Amendment No. 31. There being no objection, it was so ordered. Amendment No. 32 was offered by Representative Robinson: Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure, or unsafe condition is in an elementary or secondary school." Representative Robinson moved and asked unanimous consent that Amendment No. 32 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 32 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 32 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 1995-04-25 House Journal Page 1504 HB 158 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 32 was not adopted. Amendment No. 33 was offered by Representative B.Davis: Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure or unsafe conditions in a church, synagogue or other place of worship." Representative B.Davis moved and asked unanimous consent that Amendment No. 33 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 33 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 33 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey 1995-04-25 House Journal Page 1505 HB 158 Excused: Barnes And so, Amendment No. 33 was not adopted. Amendment No. 34 was offered by Representative Davies: Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure, or unsafe conditions in any hospital or medical facility." Representative Davies moved and asked unanimous consent that Amendment No. 34 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 34 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 34 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 34 was not adopted. Amendment No. 35 was offered by Representative Robinson: 1995-04-25 House Journal Page 1506 HB 158 Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure, or unsafe condition is in a child care facility." Representative Robinson moved and asked unanimous consent that Amendment No. 35 be adopted. Representative Porter objected. Represent Vezey rose to a point of order stating the motion was dilatory. The Speaker ruled the point out of order. The question being: "Shall Amendment No. 35 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 35 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 35 was not adopted. Amendment No. 36 was offered by Representative Elton: Page 3, line 25: Insert a new paragraph to read: 1995-04-25 House Journal Page 1507 HB 158 "(4) the collapse, structural failure or unsafe condition is in a home for the elderly, convalescent center or nursing home." Representative Elton moved and asked unanimous consent that Amendment No. 36 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 36 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 36 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 36 was not adopted. Amendment No. 37 was offered by Representative Kubina: Page 5, following line 2: Insert a new subparagraph to read: "(B) has lost both arms or both legs or an arm and a leg; or" Reletter the following subparagraph accordingly. Representative Kubina moved and asked unanimous consent that Amendment No. 37 be adopted. 1995-04-25 House Journal Page 1508 HB 158 Representative Finkelstein objected and withdrew the objection. There being no further objection, Amendment No. 37 was adopted. Amendment No. 38 was offered by Representative Brown: Page 5, line 3, after "capacity": Delete ", is incapable of making independent, responsible decisions," Representative Brown moved and asked unanimous consent that Amendment No. 38 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 38 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 38 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 38 was not adopted. Amendment No. 39 was offered by Representative Elton: Page 5, line 6: Insert a new subparagraph to read: "(C) is both deaf and blind." 1995-04-25 House Journal Page 1509 HB 158 Representative Elton moved and asked unanimous consent that Amendment No. 39 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 39 was adopted. Amendment No. 40 was offered by Representative Finkelstein: Page 5, line 6: Insert a new subparagraph to read: "(C) has third degree burns over one half of the claimant's body." Representative Finkelstein moved and asked unanimous consent that Amendment No. 40 be adopted. Objection was heard. Amendment to Amendment No. 40 was offered by Representative Brown: After "one half": Insert "or more" Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 40 be adopted. There being no objection, it was so ordered. There being no objection to Amendment No. 40 as amended, it was adopted. The Speaker stated the House would stand at ease until 4:45 p.m.; and so, the House stood at ease at 4:12 p.m.