Legislature(2003 - 2004)
2004-04-01 House Journal
Full Journal pdf2004-04-01 House Journal Page 3165 HB 56 The following was read the second time: HOUSE BILL NO. 56 "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and, if considered court rule changes, amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." with the: Journal Page L&C RPT CS(L&C) NT 4DP 2NR 1148 FN1: INDETERMINATE(LAW) 1149 JUD REFERRAL WAIVED 1616 2004-04-01 House Journal Page 3166 FIN RPT CS(L&C) NT 7DP 3NR 2680 FN1: INDETERMINATE(LAW) 2681 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 56(L&C) "An Act relating to the award to the state of actual reasonable attorney fees and costs, including costs of investigation, in certain court actions relating to unfair trade practices; and amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 1, lines 1 - 2 (title amendment): Delete "and costs, including costs of investigation," Page 1, line 3 (title amendment): Delete "Rules 54(d), 79, and 82" Insert "Rule 82" Page 1, line 8: Delete "and costs, including costs of investigation," Page 1, lines 8 - 9: Delete "and costs" Page 1, line 12: Delete "(a)" Page 2, lines 2 - 4: Delete all material. Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Gara objected. 2004-04-01 House Journal Page 3167 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 56(L&C) Second Reading Amendment No. 1 YEAS: 3 NAYS: 35 EXCUSED: 0 ABSENT: 2 Yeas: Foster, Kohring, Rokeberg Nays: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Absent: Chenault, Weyhrauch And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Rokeberg: Page 1, line 1 (title amendment): Delete "reasonable" Representative Rokeberg moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Gruenberg objected. **The presence of Representative Weyhrauch was noted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 56(L&C) Second Reading Amendment No. 3 YEAS: 6 NAYS: 34 EXCUSED: 0 ABSENT: 0 2004-04-01 House Journal Page 3168 Yeas: Chenault, Foster, Kohring, Masek, Moses, Rokeberg Nays: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf And so, Amendment No. 3 was not adopted. Amendment No. 4 was not offered. Representative Coghill moved and asked unanimous consent that CSHB 56(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 56(L&C) was read the third time. The question being: "Shall CSHB 56(L&C) pass the House?" The roll was taken with the following result: CSHB 56(L&C) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf And so, CSHB 56(L&C) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. 2004-04-01 House Journal Page 3169 CSHB 56(L&C) was referred to the Chief Clerk for engrossment.