Legislature(2003 - 2004)
2003-04-23 House Journal
Full Journal pdf2003-04-23 House Journal Page 1074 HB 249 The following, which was held in second reading from the April 16, 2003, calendar with Amendment No. 1 moved and pending (page 1014), was again before the House: CS FOR HOUSE BILL NO. 249(JUD) "An Act relating to the award of costs and attorney fees to defendants under court rule in civil actions brought under monopoly and restraint of trade statutes; and providing for an effective date." The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 249(JUD) Second Reading Amendment No. 1 YEAS: 14 NAYS: 24 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Foster, Gara, Gatto, Guttenberg, Kapsner, Kookesh, Masek, Morgan, Moses, Ogg, Seaton, Weyhrauch 2003-04-23 House Journal Page 1075 Nays: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, McGuire, Meyer, Rokeberg, Samuels, Stoltze, Whitaker, Williams, Wilson, Wolf Excused: Gruenberg, Joule And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative McGuire: Page 1, line 13, following "actions.": Insert "If the plaintiff in a civil action brought under this section in which judgment is for the defendant is a class certified under Rule 23, Alaska Rules of Civil Procedure, any award of costs and attorney fees to the defendant (1) may be satisfied only through funds, if any, that the class has collected from settlements with or judgments against other defendants; and (2) is not a liability of any individual member of the class." Representative McGuire moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 249(JUD) Second Reading Amendment No. 2 YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Ogg 2003-04-23 House Journal Page 1076 Excused: Gruenberg, Joule And so, Amendment No. 2 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 249(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 249(JUD) am was read the third time. Representative Berkowitz rose to a point of order stating debate was out of order and cited Section 111(3) of Mason's Manual. The Speaker indicated the point was well taken. The question being: "Shall CSHB 249(JUD) am pass the House?" The roll was taken with the following result: CSHB 249(JUD) am Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Cissna, Gara, Kapsner, Kerttula, Moses, Ogg, Seaton Excused: Gruenberg, Joule And so, CSHB 249(JUD) am 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 effective date clause. There being no objection, it was so ordered. CSHB 249(JUD) am was referred to the Chief Clerk for engrossment.