2005-05-05                     House Journal                      Page 1619
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Hawker, Holm,                                   
Kelly, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Samuels,                                     
Stoltze, Thomas                                                                                     
                                                                                                    
Absent:  Ramras, Salmon                                                                             
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Amendment No. 3 was offered  by Representatives Gara, LeDoux,                                        
Dahlstrom, and Kott:                                                                                
                                                                                                    
Page 2, following line 16:                                                                          
 Insert a new subsection to read:                                                                   
      "(f)  The limitation on noneconomic damages in this section                                   
     does not apply if the damages resulted from an act or omission                                 
     that constitutes gross negligence or reckless or intentional                                   
     misconduct."                                                                                   
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
Representative Weyhrauch placed a call of the House on the bill.                                    
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
Representative McGuire moved and asked unanimous consent that she                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative McGuire was required to                                     
vote.                                                                                               
                                                                                                    
Amendment No. 1 to Amendment No. 3 was offered  by                                                   
Representative McGuire:                                                                             
                                                                                                    
Following "that":                                                                                   
 Delete all material and insert:                                                                    
 "rises to the level of conduct that constitutes punitive damages                                   
under AS 09.17.020."