Legislature(2003 - 2004)

2003-05-14 House Journal

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2003-05-14                     House Journal                      Page 1650
HB 145                                                                                            
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. 145(FIN)                                                                  
    "An Act prohibiting discrimination in the awarding of attorney                                  
    fees and costs in civil actions or appeals to or against, or in the                             
    posting of bonds or other security by, public interest litigants; and                           
    relating to awards of attorney fees and costs in cases involving                                
    enforcement of constitutional rights; and providing for an                                      
    effective date."                                                                                
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
**Representative Holm, who had been previously excused                                              
(page 1616), left the Chamber.                                                                      
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
amend the motion to adopt the Finance committee substitute by                                       
deleting "(FIN)" and inserting "(JUD)".                                                             
                                                                                                    
Representative Whitaker objected.                                                                   
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    

2003-05-14                     House Journal                      Page 1651
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall the motion to adopt the Finance committee                               
substitute be amended?"  The roll was taken with the following result:                              
                                                                                                    
HB 145                                                                                              
Second Reading                                                                                      
Amend Motion to Adopt Finance CS                                                                    
                                                                                                    
YEAS:  9   NAYS:  28   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Guttenberg, Kapsner,                                      
Kerttula, Kookesh, Moses                                                                            
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek,                                      
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Croft, Holm, Joule                                                                        
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
HB 145 be returned to the Judiciary Committee.                                                      
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall HB 145 be returned to the Judiciary                                     
Committee?"  The roll was taken with the following result:                                          
                                                                                                    
HB 145                                                                                              
Second Reading                                                                                      
Return to Judiciary Committee                                                                       
                                                                                                    
YEAS:  9   NAYS:  27   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kerttula, Kookesh, Moses                                                                            
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                             
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    

2003-05-14                     House Journal                      Page 1652
Excused:  Croft, Holm, Joule                                                                        
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
The question being:  "Shall the Finance committee substitute be                                     
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HB 145                                                                                              
Second Reading                                                                                      
Adopt Finance CS                                                                                    
                                                                                                    
YEAS:  25   NAYS:  12   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Whitaker,                                        
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kapsner, Kerttula, Kookesh, Moses, Ogg, Weyhrauch                                                   
                                                                                                    
Excused:  Croft, Holm, Joule                                                                        
                                                                                                    
And so, the Finance committee substitute was adopted.                                               
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 1, line 6 through page 3, line 23:                                                             
 Delete all material and insert:                                                                    
   "* Section 1.  AS 09.60.010 is amended to read:                                                
     Sec. 09.60.010.  Costs and attorney fees allowed prevailing                                  
    party.  The supreme court shall determine by rule or order the                                
    costs, if any, that may be allowed a prevailing party in a civil                                
    action.  Unless specifically authorized by statute or by agreement                              
    between the parties, attorney fees may not be awarded to a party in                             
    a civil action for personal injury, death, or property damage                                   
    related to or arising out of fault, as defined in AS 09.17.900,                                 
    unless the civil action is contested without trial, or fully contested                          
    as determined by the court.  In a civil action by a public interest                         
    litigant against the state or state agency, the prevailing                                  
    plaintiff shall be entitled to 65 percent of their full reasonable                          

2003-05-14                     House Journal                      Page 1653
    attorney fees.  Where a public interest litigant does not                                   
    prevail, full reasonable attorney fees shall be awarded against                             
    a public interest litigant on claims the plaintiff pursued that                             
    were frivolous."                                                                            
                                                                                                    
Renumber the remaining bill sections accordingly.                                                   
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Whitaker objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 145(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  27   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                             
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Croft, Holm, Joule                                                                        
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was not offered.                                                                    
                                                                                                    
                                                                                                    
**Representative Coghill moved and asked unanimous consent that                                     
Representatives Kapsner and Moses be excused from a call of the                                     
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
Amendment No. 3 was offered  by Representatives Kerttula and Gara:                                   
                                                                                                    

2003-05-14                     House Journal                      Page 1654
Page 3, lines 16 - 23:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber remaining bill sections accordingly.                                                       
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Whitaker objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 145(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  8   NAYS:  25   EXCUSED:  5   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kerttula, Kookesh                                                                                   
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Morgan,                                        
Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
Excused:  Croft, Holm, Joule, Kapsner, Moses                                                        
                                                                                                    
Absent:  Harris, Meyer                                                                              
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 1, through page 3, line 23:                                                            
 Delete all material and insert:                                                                    
                                                                                                    
""An Act relating to certain public interest litigation affecting                                 
natural resource permitting decisions and to expedited trials and                                 
appeals; and providing for an effective date."                                                    
                                                                                                    

2003-05-14                     House Journal                      Page 1655
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                  
ALASKA:                                                                                           
                                                                                                    
   * Section 1. AS 09.20 is amended by adding a new section to read:                              
                                                                                                    
     Article 3. Expedited Trial.                                                                  
                                                                                                    
   * Sec. 09.20.200. Expedited resolution for certain public interest                             
litigation. In a civil action contesting a decision of the Department of                          
Environmental Conservation, the Department of Fish and Game, or the                                 
Department of Natural Resources making a coastal consistency                                        
determination, adopting regulations, or for which there was an                                      
opportunity for the public to comment to the agency before the final                                
agency decision and to seek administrative review before the agency                                 
following the initial agency decision, the courts of this state shall                               
provide expedited consideration of the action.  If the action under this                            
section proceeds to trial or oral argument, the trial or oral argument                              
must commence not more than 120 days following the filing of the                                    
action unless the person filing the action agrees to a later date."                                 
                                                                                                    
Renumber the remaining bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Whitaker objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 145(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  10   NAYS:  24   EXCUSED:  5   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Guttenberg, Kerttula,                                 
Kookesh, Kott, Ogg, Weyhrauch                                                                       
                                                                                                    

2003-05-14                     House Journal                      Page 1656
Nays:  Coghill, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg,                                    
Harris, Hawker, Heinze, Kohring, Lynn, Masek, McGuire, Meyer,                                       
Morgan, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams,                                     
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Croft, Holm, Joule, Kapsner, Moses                                                        
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 145(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 145(FIN) will advance to third reading on tomorrow's calendar.