Legislature(1995 - 1996)

1995-04-24 House Journal

Full Journal pdf

1995-04-24                     House Journal                      Page 1463
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday             April 24, 1995         
                                                                               
                                                                               
                               Ninety-ninth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:18 a.m.                                                         
                                                                               
Roll call showed 29 members present.  Representatives Kubina and               
Navarre had been previously excused from a call of the House today.            
Representatives Barnes, Bunde, Davies, G.Davis, Grussendorf, Hanley,           
Mackie, Martin and Moses were absent.                                          
                                                                               
The invocation was offered by the Chaplain, Reverend Larry Olson of            
the Eagle Wings Community Church.  Representative Green moved                  
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
"Dear and Gracious Lord, the men and women of this House                      
have worked very hard for many weeks now.  Watch over                          
them and bless them with wisdom and courage  to say and do                     
what is right.  Lord, today I ask that You would especially be                 
with those who have been away from their families for awhile.                  
                                                                               
We are shaken and outraged by the events in Oklahoma City                     
of this past week.  Open our eyes to the threat of violence, not               
from foreigners, but from our own people.  Watch over those                    
who are combing through rubble this morning.  Strengthen                       
them for all they will encounter.                                              
                                                                               
We pray for those people and those causes we name silently                    
now.                                                                           
                                                                               
In Your name we ask these things.  Amen."                                     
                                                                               
                                       1                                       

1995-04-24                     House Journal                      Page 1464
The Pledge of Allegiance was led by Representative Nicholia.                   
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 97th and 98th legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Resources Committee has reviewed the qualifications of the                 
following and recommends the appointments be forwarded to a joint              
session for consideration:                                                     
                                                                               
                                 Walter Sampson                                
                               Larry Holmes, Jr.                               
                                                                               
as members of the Board of Game.                                               
                                                                               
The reports were signed by Representatives Green and Williams, Co-             
chairs, and Representatives Ogan, Kott and Austerman.                          
                                                                               
                                                                               
                                   Frank Rue                                   
                                                                               
as Commissioner of the Dept. of Fish & Game.                                   
                                                                               
The report was signed by Representatives Green and Williams, Co-               
chairs, and Representatives Ogan, Kott, Nicholia and Austerman.                
                                                                               
                                                                               
The reports stated that they did not reflect an intent by any of the           
members to vote for or against the named individuals during any                
further sessions for the purposes of confirmation.                             
                                                                               
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               

1995-04-24                     House Journal                      Page 1465
HB 201                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 201                                                            
"An Act relating to prisoner litigation, post-conviction relief,              
sentence appeals, amending Alaska Administrative Rule 10, Alaska               
Rules of Appellate Procedure 204, 208, 209, 215, 521, 603, and                 
604, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1;              
and providing for an effective date."                                          
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 201(FIN)                                                
"An Act relating to prisoner litigation, post-conviction relief,              
sentence appeals, execution on judgments against prisoners;                    
amending Alaska Administrative Rule 10, Alaska Rules of                        
Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and                
604, Alaska Rules of Civil Procedure 3, 16.1, and 65, and Alaska               
Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing                
for an effective date."                                                        
                                                                               
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (8):  Hanley, Martin, Kohring, Grussendorf, Navarre, Kelly,            
Therriault, Foster                                                             
                                                                               
Amend (1):  Brown                                                              
                                                                               
                                                                               
The following fiscal notes apply to CSHB 201(FIN):                             
                                                                               
Zero fiscal note, Alaska Court System, 4/24/95                                 
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Corrections, 2/27/95                                
Zero fiscal note, Dept. of Public Safety, 2/27/95                              
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
                                                                               
HB 201 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               

1995-04-24                     House Journal                      Page 1466
SB 5                                                                         
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 5(STA)                                                 
"An Act prescribing the use and characteristics of voting booths              
employed in elections and the color of ballots used in state                   
primary elections."                                                            
                                                                               
and recommends it be replaced with the following with a title change           
pending authorization by HCR 14:                                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 5(FIN)                                    
"An Act relating to the Alaska Election Code and to state election            
administration."                                                               
                                                                               
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (8):  Mulder, Martin, Kohring, Grussendorf, Brown,                     
Therriault, Hanley, Foster                                                     
                                                                               
The following fiscal note applies to HCS CSSB 5(FIN):                          
                                                                               
Senate zero fiscal note, Office of the Governor, 2/16/95                       
                                                                               
CSSB 5(STA) was referred to the Rules Committee for placement on               
the calendar.                                                                  
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
                                                                               
SB 7                                                                         
The Judiciary Committee has considered:                                        
                                                                               
SENATE BILL NO.  7                                                            
"An Act relating to bail after conviction for various felonies if the         
defendant has certain previous felony convictions."                            
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               

1995-04-24                     House Journal                      Page 1467
SB 7                                                                         
Do pass (5):  Porter, Bunde, Toohey, Finkelstein, Vezey                        
                                                                               
The following fiscal notes apply:                                              
                                                                               
Senate zero fiscal note, Dept. of Corrections, 3/9/95                          
Senate zero fiscal note, Dept. of Law, 3/9/95                                  
Senate zero fiscal notes (2), Dept. of Public Safety, 3/9/95                   
Senate zero fiscal note, Dept. of Administration, 3/9/95                       
                                                                               
SB 7 was referred to the Finance Committee.                                    
                                                                               
SB 85                                                                        
The Judiciary Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 85(JUD) am                                             
"An Act making corrective amendments to the Alaska Statutes as                
recommended by the revisor of statutes; and providing for an                   
effective date."                                                               
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Porter, Finkelstein, Bunde, Toohey                               
                                                                               
No recommendation (1):  Vezey                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Legislative Affairs Agency, 3/8/95                    
                                                                               
CSSB 85(JUD) am was referred to the Rules Committee for placement              
on the calendar.                                                               
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Service Cougar Cross Country Ski Teams                              
By Representative Green                                                        

1995-04-24                     House Journal                      Page 1468
In Memoriam - Delfred Michael Judd                                             
By Representative Vezey                                                        
                                                                               
Representative Brown placed a call of the House and lifted the call.           
                                                                               
**The presence of Representative Mackie was noted.                             
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber    upon at ease, 4/24         
                                                                               
Minority Caucus                                     upon at ease, 4/24         
                                                                               
The Speaker stated the House would stand at ease; and so, the House            
stood at ease at 10:30 a.m.                                                    
                                                                               
                                AFTER AT EASE                                
                                                                               
The House was called back to order at 11:06 a.m.                               
                                                                               
**The presence of Representative Grussendorf was noted.                        
                                                                               
**The presence of Representative Navarre, who had been previously              
excused, was noted.                                                            
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 158                                                                       
The following, which had been returned to the Rules Committee in               
second reading (page 957), 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 Brown placed a call of the House.                               
                                                                               
**The presence of Representatives Bunde, Davies, G.Davis, Martin and           
Moses was noted.                                                               

1995-04-24                     House Journal                      Page 1469
HB 158                                                                       
Amendment No. 13 was offered  by Representative Brown:                          
                                                                               
"Page 10, line 12 through page 11, line 19:                                    
	Delete all material."                                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 13 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
Amendment to Amendment No. 13 was offered  by Representative                    
Porter:                                                                        
                                                                               
Delete:                                                                        
                                                                               
"Page 10, line 12 through page ll, line 19:                                    
Delete all material."                                                      
                                                                               
Replace with:                                                                  
                                                                               
Page 10, line 12:                                                              
	Delete "new sections"                                                         
	Insert "a new section"                                                        
                                                                               
Page 10, line 19, after ";":                                                   
	Insert "and"                                                                  
                                                                               
Page 10, line 22:                                                              
	Delete "; and"                                                                
	Insert "."                                                                    
                                                                               
Page 10, line 23, through page 11, line 19:                                    
	Delete all material.                                                          
                                                                               
Page 14, lines 21 - 22:                                                        
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1995-04-24                     House Journal                      Page 1470
HB 158                                                                       
Representative Porter moved and asked unanimous consent that the               
amendment to Amendment No. 13 be adopted.                                      
                                                                               
Representative Finkelstein objected and withdrew the objection.                
                                                                               
The call was lifted.                                                           
                                                                               
There being no further objection, the amendment to Amendment No.               
13 was adopted.                                                                
                                                                               
There being no further objection, Amendment No. 13 as amended was              
adopted.                                                                       
                                                                               
Amendment Nos. 14 and 15 were not offered.                                     
                                                                               
Amendment No. 16 was offered  by Representative B.Davis:                        
                                                                               
Page 5, lines 12 and 13:                                                       
Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative B.Davis moved and asked unanimous consent that                  
Amendment No. 16 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 16 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 158(FIN) am                                                               
Second Reading                                                                 
Amendment No. 16                                                               
                                                                               
YEAS:  18   NAYS:  20   EXCUSED:  1   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Foster, Grussendorf, Kott, Mackie, MacLean, Navarre, Nicholia,                 
Robinson, Sanders, Williams, Willis                                            

1995-04-24                     House Journal                      Page 1471
HB 158                                                                       
Nays:  Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly,           
Kohring, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter,               
Rokeberg, Therriault, Toohey, Vezey                                            
                                                                               
Excused:  Kubina                                                               
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, Amendment No. 16 was not adopted.                                      
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 7:00 p.m.  There being no objection, the House              
recessed at 12:28 p.m.                                                         
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 7:24 p.m.                        
                                                                               
A second quorum call showed 27 members present.                                
                                                                               
**The presence of Representative Kubina, who had been previously               
excused (page 1433), was noted.                                                
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
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.             
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
The citations on today's calendar were not taken up and will be on the         
April 25, 1995, calendar.                                                      
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 295                                                                       
The Judiciary Committee has submitted the following fiscal note:               
                                                                               
Zero fiscal note, Dept. of Law, 4/24/95                                        
                                                                               
The fiscal note applies to CSHB 295(JUD) and accompanies the                   
committee report (page 1446) for:                                              
                                                                               
HOUSE BILL NO. 295                                                            
"An Act relating to the custody and disposition of property in the            
custody of municipal law enforcement agencies."                                
                                                                               
HB 295 is in the Finance Committee.                                            
                                                                               
                                                                               
HB 35                                                                        
Representative Toohey added her name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 35                                                             
"An Act relating to the grounds for imposing disciplinary sanctions           
on persons licensed by the State Medical Board."                               
                                                                               
HB 39                                                                        
Representative Nicholia added her name as cosponsor to:                        
                                                                               

1995-04-24                     House Journal                      Page 1486
HB 39                                                                        
CS FOR HOUSE BILL NO. 39(JUD)                                                 
"An Act relating to the authority of mobile intensive care                    
paramedics, physician assistants, and emergency medical                        
technicians to pronounce death under certain circumstances."                   
                                                                               
HB 314                                                                       
Representative Elton added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 314                                                            
"An Act relating to the crime of violating a domestic violence                
restraining order."                                                            
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HB 215                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 9:48 a.m.,            
April 24, 1995:                                                                
                                                                               
SENATE CS FOR HOUSE BILL NO. 215(RLS)                                         
"An Act relating to suspension of a student from a public school."            
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Majority Caucus                Speaker's Chamber       7:30 a.m., 4/25         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., April 25, 1995.  There being no                
objection, the House adjourned at 11:50 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk