Legislature(1997 - 1998)
1997-03-17 House Journal
Full Journal pdf1997-03-17 House Journal Page 0704 HB 58 Amendment No. 8 was offered by Representative Davies: Page 7, line 1, following $100,000: Insert or the total of medical bills and other costs reasonably expected to be incurred by the injured party from the time of the injury through two years after the date of judgment, whichever is greater Representative Davies moved and asked unanimous consent that Amendment No. 8 be adopted. 1997-03-17 House Journal Page 0705 HB 58 Representative Porter objected. Representative Kubina placed a call of the House and lifted the call. Amendment to Amendment No. 8 was offered by Representative Davies: Following whichever is: Delete greater Insert preferred by the injured party Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 8 be adopted. Representative Porter objected and withdrew the objection. There being no further objection, Amendment to Amendment No. 8 was adopted. The question being: Shall Amendment No. 8 as amended be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 8, as amended YEAS: 14 NAYS: 18 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia, Ogan, Therriault Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 8 as amended was not adopted. Amendment No. 9 was offered by Representative Berkowitz: 1997-03-17 House Journal Page 0706 HB 58 Page 5, line 26 through page 6, line 13: Delete all material. Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Porter objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 9 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 9 was not adopted. Amendment No. 10 was not offered. Amendment No. 11 was offered by Representative Croft: Page 5, line 27 through page 6, line 13: Delete all material. Insert new subsections to read: (b) Except as provided in (c) of this section, the court shall require deposit into the general fund of 50 percent of that 1997-03-17 House Journal Page 0707 HB 58 portion of the punitive damages award that is equal to or less than the greater of three times the amount of compensatory damages or $300,000. (c) The court shall require deposit into the general fund of 50 percent of that portion of the punitive damages award that is equal to or less than the greater of four times the amount of compensatory damages awarded or $600,000, if (1) the wrongful conduct or omission arose in connection with a commercial activity motivated by financial gain; and (2) the likelihood of death or serious bodily injury from the commercial activity was previously known by the person responsible for making policy decisions relating to the commercial activity and the knowledge was gained from previous instances of death or serious bodily injury arising from the same wrongful conduct or omission, regardless of where the previous wrongful conduct or omission occurred. (d) If a court or jury awards punitive damages under (a) of this section, the court shall require that 100 percent of the punitive damages award that exceeds the maximum amounts described under (b) or (c) of this section, as applicable, be deposited into the general fund or the Alaska permanent fund under AS37.13.010. The party paying the punitive damages shall elect which fund shall receive the money required to be paid under this subsection. (e) The provisions of this section do not grant the state the right to file or join a civil action to recover punitive damages. Page 15, line 30, following damages: Delete due the state under AS 09.17.020(d) Insert required to be deposited under AS 09.17.020 Page 24, line 4, following fund: Insert or the Alaska permanent fund Representative Croft moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Porter objected. 1997-03-17 House Journal Page 0708 HB 58 The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 11 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Berkowitz: Page 5, line 23, following evidence: Delete of malice or conscious acts showing deliberate disregard of another person's rights by the person from whom the punitive damages are sought Insert of outrageous conduct Representative Berkowitz moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Porter objected. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 12 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 1997-03-17 House Journal Page 0709 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Croft: Page 6, following line 9: Insert new subsections to read: (d) Limits under this section only apply when the person defending a claim is a small business. (e) Limits under this section do not apply when the claimant is a small business. (f) In subsections (d) and (e) small business means a business with fewer than 10 employees. Reletter the following subsection accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 13 be adopted. Objection was heard. Representative Croft moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Croft was required to vote. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 13 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 1997-03-17 House Journal Page 0710 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 13 was not adopted. Representative Kubina placed a call of the House. Amendment No. 14 was offered by Representative Nicholia: Page 3, line 28: Delete "or" Page 3, line 31, following "commerce;": Insert "or" Page 3, following line 31: Insert a new subparagraph to read: "(F) the collapse, structural failure, or unsafe condition in an elementary or secondary school." Representative Nicholia moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Rokeberg objected. The call was satisfied. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: 1997-03-17 House Journal Page 0711 HB 58 CSSSHB 58(FIN) am Second Reading Amendment No. 14 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 14 was not adopted. Amendment No. 15 was offered by Representative Berkowitz: Page 4, following line 9: Insert a new subsection to read: (d) the limitations imposed by this section and AS 09.10.080 are tolled for claims described under AS 09.10.080 until the claimant reaches the age of 18. Representative Berkowitz moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Porter objected. The question being: Shall Amendment No. 15 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 15 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 1997-03-17 House Journal Page 0712 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representative Davies: Page 9, line 21, following action: Insert ; in this paragraph, other persons responsible does not include a person protected from a civil action under AS09.10.055 Representative Davies moved and asked unanimous consent that Amendment No. 16 be adopted. There being no objection, it was so ordered. Amendment No. 17 was offered by Representative Berkowitz: Page 4, line 29, following person's: Delete sixth Insert tenth Representative Berkowitz moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Porter objected. The question being: Shall Amendment No. 17 be adopted? The roll was taken with the following result: 1997-03-17 House Journal Page 0713 HB 58 CSSSHB 58(FIN) am Second Reading Amendment No. 17 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 17 was not adopted. Amendment No. 18 was offered by Representative Croft: Page 16, line 10 through page 17, line 12: Delete all material. Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Porter objected. The question being: Shall Amendment No. 18 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 18 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-03-17 House Journal Page 0714 HB 58 Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 18 was not adopted. Amendment No. 19 was offered by Representative Kubina: Page 5, line 27, following "(c)": Insert "or (d)" Page 5, line 31: Delete "The" Insert "Except as provided under (d) of this section, the" Page 6, following line 9: Insert a new subsection to read: "(d) The limits or punitive damages imposed under (b) and (c) of this section do not apply to punitive damages awarded as a result of an act or omission involving natural resources." Reletter the following subsection accordingly. Page 15, line 30: Delete "AS 09.17.020(d)" Insert "AS 09.17.020(e)" Page 24, line 2: Delete "AS 09.17.020(d)" Insert "AS 09.17.020(e)" Representative Kubina moved and asked unanimous consent that Amendment No. 19 be adopted. Representative Porter objected. 1997-03-17 House Journal Page 0715 HB 58 The question being: Shall Amendment No. 19 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 19 YEAS: 10 NAYS: 22 EXCUSED: 8 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 19 was not adopted. Amendment No. 20 was offered by Representative Croft: Page 9, line 21, following "action": Insert "; in this paragraph, "other person responsible" does not include a person who cannot be identified or located" Representative Croft moved and asked unanimous consent that Amendment No. 20 be adopted. Objection was heard. The question being: Shall Amendment No. 20 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 20 YEAS: 11 NAYS: 21 EXCUSED: 8 ABSENT: 0 1997-03-17 House Journal Page 0716 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 20 was not adopted. Amendment Nos. 21 and 22 were not offered. Amendment No. 23 was offered by Representative Kemplen: Page 3, line 28: Delete or Page 3, line 31, following commerce;: Insert or Page 3, line 31: Insert a new subparagraph to read: (F) the collapse, structural failure, or unsafe condition in a church, synagogue, or other house of worship. Representative Kemplen 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: CSSSHB 58(FIN) am Second Reading Amendment No. 23 YEAS: 10 NAYS: 20 EXCUSED: 8 ABSENT: 2 1997-03-17 House Journal Page 0717 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Barnes, Moses And so, Amendment No. 23 was not adopted. Amendment No. 24 was not offered. Amendment No. 25 was offered by Representative Kookesh: Page 6, line 29 through page 8, line 8: Delete all material. Renumber the following bill sections accordingly. Page 24, lines 8-16: Delete all material. Renumber the following bill sections accordingly. Representative Kookesh moved and asked unanimous consent that Amendment No. 25 be adopted. Objection was heard. The question being: Shall Amendment No. 25 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 25 YEAS: 11 NAYS: 18 EXCUSED: 8 ABSENT: 3 1997-03-17 House Journal Page 0718 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Kemplen, Kookesh, Nicholia, Therriault Nays: Austerman, Bunde, Cowdery, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Barnes, Kubina, Moses And so, Amendment No. 25 was not adopted. Amendment No. 26 was offered by Representative Kookesh: Page 5, line 27 through page 6, line 9: Delete all material. Insert a new subsection to read: (b) The amount of punitive damages awarded by a court or jury under (a) of this section shall be based on the individual facts and evidence presented to the court and shall be sufficient to deter wrongdoing and to protect the public interest. Renumber the following subsection accordingly. Representative Kookesh moved and asked unanimous consent that Amendment No. 26 be adopted. Objection was heard. **Representative Barnes was excused due to illness. The question being: Shall Amendment No. 26 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 26 YEAS: 10 NAYS: 20 EXCUSED: 9 ABSENT: 1 1997-03-17 House Journal Page 0719 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Moses And so, Amendment No. 26 was not adopted. Amendment No. 27 was offered by Representative Kookesh: Page 5, line 15: Delete or Page 5, line 17: Delete . Insert ; or Page 5, following line 17: Insert a new paragraph to read: (3) is totally blind. Representative Kookesh moved and asked unanimous consent that Amendment No. 27 be adopted. There being no objection, it was so ordered. Amendment No. 28 was offered by Representative Kookesh: Page 5, line 15: Delete or Page 5, line 17: Delete . Insert ; or 1997-03-17 House Journal Page 0720 HB 58 Page 5, following line 17: Insert a new paragraph to read: (3) has lost both arms or both legs or an arm and a leg. Representative Kookesh moved and asked unanimous consent that Amendment No. 28 be adopted. Objection was heard. The question being: Shall Amendment No. 28 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 28 YEAS: 11 NAYS: 19 EXCUSED: 9 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hanley, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Moses And so, Amendment No. 28 was not adopted. Amendment Nos. 29 and 30 were not offered. Amendment No. 31 was offered by Representative Berkowitz: Page 10, lines 25-26: Delete all material. Page 10, line 27: Delete (2) 1997-03-17 House Journal Page 0721 HB 58 Page 10, line 28, following issue: Delete ; and Insert . Page 10, line 29 through page 11, line 1: Delete all material. Representative Berkowitz moved and asked unanimous consent that Amendment No. 31 be adopted. Representative Porter objected. The question being: Shall Amendment No. 31 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 31 YEAS: 9 NAYS: 21 EXCUSED: 9 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Kubina, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Moses And so, Amendment No. 31 was not adopted. Amendment No. 32 was offered by Representative Kemplen: Page 7, line 1, following exceed: Delete $100,000" Insert $250,000" 1997-03-17 House Journal Page 0722 HB 58 Representative Kemplen moved and asked unanimous consent that Amendment No. 32 be adopted. Objection was heard. The question being: Shall Amendment No. 32 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 32 YEAS: 11 NAYS: 19 EXCUSED: 9 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia, Therriault Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Moses And so, Amendment No. 32 was not adopted. Amendment No. 33 was not offered. Amendment No. 34 was offered by Representative Croft: Page 8, line 9 through page 9, line 8: Delete all material. Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 34 be adopted. 1997-03-17 House Journal Page 0723 HB 58 Representative Porter objected. The question being: Shall Amendment No. 34 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 34 YEAS: 10 NAYS: 20 EXCUSED: 9 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Moses And so, Amendment No. 34 was not adopted. Amendment No. 35 was offered by Representative Croft: Page 8, line 12, following claimant: Delete , or that with reasonable probability will be received in the future by the claimant, Representative Croft moved and asked unanimous consent that Amendment No. 35 be adopted. Representative Porter objected. The question being: Shall Amendment No. 35 be adopted? The roll was taken with the following result: 1997-03-17 House Journal Page 0724 HB 58 CSSSHB 58(FIN) am Second Reading Amendment No. 35 YEAS: 10 NAYS: 20 EXCUSED: 9 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Moses And so, Amendment No. 35 was not adopted. Amendment No. 36 was offered by Representative Croft: Page 1, line 3 (title amendment): Delete "Rule" Insert "Rules 411 and" Page 11, following line 1: Insert a new bill section to read: "* Sec. 22. AS 09.25 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 24, following line 24: Insert a new bill section to read: 1997-03-17 House Journal Page 0725 HB 58 "* Sec. 62. AS 09.25.035, enacted in sec. 22 of this Act, has the effect of amending Rule 411, Alaska Rules of Evidence, 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 24, line 25: Delete "secs. 22 and 23" Insert "secs. 23 and 24" Page 24, line 30: Delete "sec. 25" Insert "sec. 26" Representative Croft moved and asked unanimous consent that Amendment No. 36 be adopted. Representative Porter objected. The question being: Shall Amendment No. 36 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 36 YEAS: 8 NAYS: 20 EXCUSED: 9 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Elton, Grussendorf, Kemplen, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Davies, Kookesh, Moses And so, Amendment No. 36 was not adopted. 1997-03-17 House Journal Page 0726 HB 58 Amendment Nos. 37, 38 and 39 were not offered. Amendment No. 40 was offered by Representative Kemplen: Page 6, line 30, following requested of: Delete a ªAN INJUREDß party Insert both parties ªAN INJURED PARTYß Page 24, line 10, following requested by: Delete a party Insert both parties Representative Kemplen moved and asked unanimous consent that Amendment No. 40 be adopted. Representative Porter objected. The question being: Shall Amendment No. 40 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 40 YEAS: 9 NAYS: 19 EXCUSED: 9 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Elton, Grussendorf, Kemplen, Kubina, Nicholia, Therriault Nays: Austerman, Bunde, Cowdery, Davies, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Kookesh, Moses, Sanders And so, Amendment No. 40 was not adopted. 1997-03-17 House Journal Page 0727 HB 58 Amendment No. 41 was offered by Representative Berkowitz: Page 3, line 9 through page 4, line 9: Delete all material. Renumber the following sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 41 be adopted. Objection was heard. The question being: Shall Amendment No. 41 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 41 YEAS: 8 NAYS: 21 EXCUSED: 9 ABSENT: 2 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen, Kubina, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Kookesh, Moses And so, Amendment No. 41 was not adopted. Amendment No. 42 was offered by Representative Elton: Page 3, line 10, following of: Delete eight Insert ten 1997-03-17 House Journal Page 0728 HB 58 Page 3, line 12, following within: Delete eight Insert ten Representative Elton moved and asked unanimous consent that Amendment No. 42 be adopted. Representative Porter objected. The question being: Shall Amendment No. 42 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 42 YEAS: 9 NAYS: 20 EXCUSED: 9 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Moses, Nicholia And so, Amendment No. 42 was not adopted. Amendment No. 43 was offered by Representative Berkowitz: Page 3, line 25, following to: Insert a Page 3, line 25, following hazardous: Delete waste Insert substance 1997-03-17 House Journal Page 0729 HB 58 Representative Berkowitz moved and asked unanimous consent that Amendment No. 43 be adopted. Representative Porter objected. The Speaker stated that CSSSHB 58(FIN) am would be held in second reading, with pending Amendment No. 43, to the March 18, 1997, calendar. The following members declared a conflict of interest: Representative Croft Representative Ryan