Legislature(1993 - 1994)

04/18/1993 01:20 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
  SENATE BILL NO. 73                                                           
                                                                               
       An Act relating  to the time  for filing certain  civil                 
       actions; and providing for an effective date.                           
                                                                               
  Co-chair  Pearce  directed  that SB  73  be  brought on  for                 
  discussion and  referenced a work  draft CSSB  73 (Fin)  (8-                 
  LS0446\J, Ford, 4/17/93).  Co-chair Frank MOVED for adoption                 
  of the work draft.  No objection having been raised, CSSB 73                 
  (Fin) was ADOPTED.                                                           
                                                                               
  SENATOR LOREN LEMAN came before committee in support of  the                 
  bill.     He  explained  that  CSSB  73  (Fin)  removes  two                 
  amendments added  in the  Senate Judiciary  Committee.   The                 
  first  amendment essentially  defeated  the  purpose of  the                 
  statute of  repose.  The  second was  either unnecessary  or                 
  unconstitutional.  Senator Leman recommended passage of CSSB
  73 (Fin).                                                                    
                                                                               
  Senator Rieger  inquired concerning  a six-year  versus ten-                 
  year limit.  Senator Leman explained that the ten-year limit                 
  applies to construction and actions by design professionals.                 
  The six-year limit covers other actions.  The ten-year limit                 
  is an exception  from the  six-year provision.   MIKE  FORD,                 
  legal counsel,  Legal Services, Legislative  Affairs Agency,                 
  came before committee.   He explained that language  in Sec.                 
  2,  relating  to the  six-year  limitation, is  necessary to                 
  impose the ten-year limit in Sec. 3.  Sec. 3 is the heart of                 
  the bill.   Sec. 2 is  a technical  amendment to conform  to                 
  requirements of Sec. 3.                                                      
                                                                               
  Co-chair Pearce called for additional questions or comments.                 
  None were forthcoming.                                                       
                                                                               
  Senator  Rieger MOVED that CSSB 73 (Fin) pass from committee                 
  with  individual  recommendations  and  accompanying  fiscal                 
  notes.  No objection  having been raised, CSSB 73  (Fin) was                 
  REPORTED  OUT of committee  with zero fiscal  notes from the                 
  Dept. of Law and Alaska Court  System.  Co-chairs Pearce and                 
  Frank and Senator Kelly  signed the committee report with  a                 
  "do pass" recommendation.  Senators Rieger, Jacko, and Sharp                 
  signed "no recommendation." Senator Kerttula signed "Do  not                 
  pass."                                                                       
                                                                               

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