Legislature(2003 - 2004)
2003-05-19 Senate Journal
Full Journal pdf2003-05-19 Senate Journal Page 1599 HB 145 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" was read the second time. Senator French offered Amendment No. 1 : Page 1, line 6, through page 3, line 23: Delete all material Insert "* Section 1. AS 09.60.10 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 2003-05-19 Senate Journal Page 1600 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 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. Senator French moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Green 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: 7 NAYS: 11 EXCUSED: 0 ABSENT: 2 Yeas: Davis, Ellis, Elton, French, Guess, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Hoffman, Taylor and so, Amendment No. 1 failed. Senator French offered Amendment No. 2 : Page 3, lines 16 - 23: Delete all material Renumber remaining bill sections accordingly. Senator French moved and asked unanimous consent for the adoption of Amendment No. 2. Senator Ben Stevens objected. 2003-05-19 Senate Journal Page 1601 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 145(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken and so, Amendment No. 2 failed. President Therriault stated CS FOR HOUSE BILL NO. 145(FIN) will be on the May 20 calendar.