Legislature(1995 - 1996)
1996-03-22 House Journal
Full Journal pdf1996-03-22 House Journal Page 3270 HB 316 The following was read the second time: 1996-03-22 House Journal Page 3271 HB 316 HOUSE BILL NO. 316 An Act relating to civil liability for false claims and improper allegations or defenses in civil practice; and providing for an effective date. with the: Journal Page JUD RPT CS(JUD) NT 6DP 1NR 2825 FISCAL NOTE (COURT) 2826 FIN REFERRAL ADDED 2845 FIN RPT CS(FIN) NT 7DP 2NR 3055 FISCAL NOTE (COURT) 3056 **The presence of Representatives Brown, Davies and Hanley was noted. 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. 316(FIN) An Act relating to civil liability; amending Rules 13(e) and 82(b), Alaska Rules of Civil Procedure; and providing for an effective date. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB316(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. Representative Kubina placed a call of the House and lifted the call. **The presence of Representative Navarre was noted. Representative Kubina withdrew the objection to advancement. There being no further objection, it was so ordered. CSHB 316(FIN) was read the third time. 1996-03-22 House Journal Page 3272 HB 316 Title Amendment was offered by Representative Mulder: Page 1, line 1, following "liability": Insert "for certain false allegations or material misstatements of fact in a civil pleading or proceeding, for certain improper acts relating to signing a civil pleading, for certain improper acts relating to civil pleadings or proceedings, for making an intentional false statement of a material fact, for acting on a civil claim or defense without probable cause, or for acting for a purpose other than proper adjudication of a civil claim" Representative Mulder moved and asked unanimous consent that Title Amendment be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR HOUSE BILL NO. 316(FIN)(title am) An Act relating to civil liability for certain false allegations or material misstatements of fact in a civil pleading or proceeding, for certain improper acts relating to signing a civil pleading, for certain improper acts relating to civil pleadings or proceedings, for making an intentional false statement of a material fact, for acting on a civil claim or defense without probable cause, or for a purpose other than proper adjudication of a civil claim; amending Rules 13(e) and 82(b), Alaska Rules of Civil Procedure; and providing for an effective date. **Representative Kelly who had been previously excused left the Chamber. The question being: Shall CSHB 316(FIN)(title am) pass the House? The roll was taken with the following result: CSHB 316(FIN)(title am) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1996-03-22 House Journal Page 3273 HB 316 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Representative Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Kelly And so, CSHB 316(FIN)(title am) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. CSHB 316(FIN)(title am) was referred to the Chief Clerk for engrossment.