Legislature(1995 - 1996)

1995-04-28 House Journal

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1995-04-28                     House Journal                      Page 1642
HB 158                                                                       
The following was again before the House in third reading on                   
reconsideration of the vote (page 1640):                                       
                                                                               
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 Vezey moved the court rule change amending Alaska               
Rule of Civil Procedure 49.                                                    
                                                                               
Representative Mackie placed a call of the House.                              
                                                                               
The call was satisfied.                                                        

1995-04-28                     House Journal                      Page 1643
HB 158                                                                       
The question to be reconsidered:  "Shall the court rule change                 
amending Alaska Rule of Civil Procedure 49 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 158(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Court Rule, Civil Procedure 49                                                 
                                                                               
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly,           
Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips,          
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                           
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster,              
Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams,            
Willis                                                                         
                                                                               
Excused:  Barnes, MacLean                                                      
                                                                               
And so, lacking the necessary 27 votes, the court rule change was not          
adopted.                                                                       
                                                                               
                                                                               
Representative Vezey moved the court rule change amending Alaska               
Rule of Civil Procedure 68.                                                    
                                                                               
The question to be reconsidered:  "Shall the court rule change                 
amending Alaska Rule of Civil Procedure 68 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 158(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Court Rule, Civil Procedure 68                                                 
                                                                               
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly,           
Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips,          
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                           
                                                                               

1995-04-28                     House Journal                      Page 1644
HB 158                                                                       
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster,              
Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams,            
Willis                                                                         
                                                                               
Excused:  Barnes, MacLean                                                      
                                                                               
And so, lacking the necessary 27 votes, the court rule change was not          
adopted.                                                                       
                                                                               
Representative Vezey moved the court rule change amending Alaska               
Rule of Civil Procedure 95.                                                    
                                                                               
The question to be reconsidered:  "Shall the court rule change                 
amending Alaska Rule of Civil Procedure 95 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 158(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Court Rule, Civil Procedure 95                                                 
                                                                               
YEAS:  26   NAYS:  12   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder,             
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Navarre, Nicholia, Robinson, Willis                                    
                                                                               
Excused:  Barnes, MacLean                                                      
                                                                               
Brown changed from "Yea" to "Nay"                                              
                                                                               
Grussendorf changed from "Yea" to "Nay"                                        
                                                                               
And so, lacking the necessary 27 votes, the court rule change was not          
adopted.                                                                       
                                                                               
Representative Vezey moved the court rule change amending Alaska               
Rule of Evidence 702.                                                          

1995-04-28                     House Journal                      Page 1645
HB 158                                                                       
The question to be reconsidered:  "Shall the court rule change                 
amending Alaska Rule of Evidence 702 be adopted?"  The roll was                
taken with the following result:                                               
                                                                               
CSHB 158(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Rule of Evidence 702                                                           
                                                                               
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly,           
Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips,          
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                           
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster,              
Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams,            
Willis                                                                         
                                                                               
Excused:  Barnes, MacLean                                                      
                                                                               
And so, lacking the necessary 27 votes, the court rule change was not          
adopted.                                                                       
                                                                               
Representative Vezey moved the effective date clause.                          
                                                                               
The question to be reconsidered:  "Shall the effective date clause be          
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 158(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly,           
Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips,          
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                           
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster,              
Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams,            
Willis                                                                         

1995-04-28                     House Journal                      Page 1646
HB 158                                                                       
Excused:  Barnes, MacLean                                                      
                                                                               
And so, lacking the necessary 27 votes, the effective date clause was          
not adopted and the new title appears below:                                   
                                                                               
CS FOR HOUSE BILL NO. 158(FIN) am(ct rls fld)(efd fld)                        
"An Act relating to civil actions."                                           
HB 158                                                                       
Representative Mackie moved and asked unanimous consent that the               
House rescind previous action in failing to adopt the court rule change        
amending Alaska Rule of Civil Procedure 95 (page 1644).                        
                                                                               
Objection was heard.                                                           
                                                                               

1995-04-28                     House Journal                      Page 1647
HB 158                                                                       
The question being:  "Shall the House rescind previous action in               
failing to adopt the court rule change amending Alaska Rule of Civil           
Procedure 95?"  The roll was taken with the following result:                  
                                                                               
CSHB 158(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Court Rule, Civil Procedure 95                                                 
Rescind action in failing to adopt                                             
                                                                               
YEAS:  31   NAYS:  7   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Brown, Bunde, Davies, G.Davis, Foster, Green,                
Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin,             
Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter,                
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams               
                                                                               
Nays:  Brice, B.Davis, Elton, Finkelstein, Grussendorf, Nicholia, Willis       
                                                                               
Excused:  Barnes, MacLean                                                      
                                                                               
And so, the motion passed.                                                     
                                                                               
                                                                               
The question being:  "Shall the court rule change amending Alaska              
Rule of Civil Procedure 95 be adopted?"  The roll was taken with the           
following result:                                                              
                                                                               
CSHB 158(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Court Rule, Civil Procedure 95                                                 
                                                                               
YEAS:  33   NAYS:  5   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Brown, Bunde, Davies, B.Davis, G.Davis,                      
Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott,         
Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell,                  
Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey,             
Vezey, Williams, Willis                                                        
                                                                               
Nays:  Brice, Elton, Grussendorf, Kubina, Nicholia                             
                                                                               

1995-04-28                     House Journal                      Page 1648
HB 158                                                                       
Excused:  Barnes, MacLean                                                      
                                                                               
And so, the court rule change was adopted and the new title appears            
below:                                                                         
                                                                               
CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld)                       
"An Act relating to civil actions; amending Alaska Rule of Civil              
Procedure 95."                                                                 
                                                                               
CSHB 158(FIN) am(ct rls pfld)(efd fld) was referred to the Chief Clerk         
for engrossment.