Legislature(1993 - 1994)

1994-02-11 House Journal

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1994-02-11                     House Journal                      Page 2350
SCR 4                                                                        
The following was read the second time:                                        
                                                                               
SENATE CONCURRENT RESOLUTION NO. 4                                            
Relating to the Alaska Supreme Court's interpretation of Alaska               
Rule of Civil Procedure 82 and requesting that the court modify                
its interpretation of that rule.                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  2DP 2DNP 1NR 1AM                                        2202         
	-ZERO FISCAL NOTE (S.JUD) 1/31/94                                2202         
                                                                               
Amendment No. 1 was offered  by Representative Phillips:                        
                                                                               
Page 2, line 26, after "Honorable":                                            
                                                                               
	Delete "Edmond W. Burke"                                                      
                                                                               
Insert "Robert L. Eastaugh"                                                   
                                                                               
Representative Phillips moved and asked unanimous consent that                 
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       

1994-02-11                     House Journal                      Page 2351
SCR 4                                                                        
Amendment No. 2 was offered  by Representative Ulmer:                           
                                                                               
Page 2, lines 7, 10, and 12:                                                   
                                                                               
	Delete " special litigation organizations"                                    
                                                                               
	Insert "public interest litigants"                                            
                                                                               
Page 2, lines 19 and 20:                                                       
                                                                               
Delete "parties represented by special litigation organizations"              
                                                                               
	Insert "public interest litigants"                                            
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
SCR 4 am H                                                                     
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  8   NAYS:  23   EXCUSED:  9   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davidson, B.Davis, Finkelstein, Grussendorf, Nicholia,           
Nordlund, Ulmer                                                                
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott,             
Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell,               
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Excused:  Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre,             
Sitton, Willis                                                                 
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               

1994-02-11                     House Journal                      Page 2352
SCR 4                                                                        
Amendment No. 3 was offered  by Representative Finkelstein:                     
                                                                               
Page 2, lines 2 - 5:                                                           
                                                                               
	Delete all material.                                                          
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               
Representative Vezey objected and rose to a point of order stating that        
the amendment was out of order under Section 401 of Mason's                    
Manual.                                                                        
                                                                               
                                                                               
The Speaker ruled the amendment in order.                                      
                                                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted? The roll               
was taken with the following result:                                           
                                                                               
SCR 4 am H                                                                     
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  7   NAYS:  24   EXCUSED:  9   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davidson, B.Davis, Finkelstein, Nicholia, Nordlund,              
Ulmer                                                                          
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson,             
James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder,                   
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,         
Williams                                                                       
                                                                               
Excused:  Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre,             
Sitton, Willis                                                                 
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               

1994-02-11                     House Journal                      Page 2353
SCR 4                                                                        
Amendment No. 4 was offered  by Representative Finkelstein:                     
                                                                               
Page 2, line 7:                                                                
                                                                               
	Delete "if successful"                                                        
                                                                               
	Insert "that the party prevails and it is shown that a violation of           
State or Federal laws or laws or regulations had occurred,"                   
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
SCR 4 am H                                                                     
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  6   NAYS:  25   EXCUSED:  9   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davidson, Finkelstein, Nicholia, Nordlund, Ulmer                 
                                                                               
Nays:  Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley,            
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses,                   
Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Excused:  Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre,             
Sitton, Willis                                                                 
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, after line 15, insert a new paragraph to read:                         
                                                                               
                                                                               

1994-02-11                     House Journal                      Page 2354
SCR 4                                                                        
"WHEREAS public interest litigation has, in many circumstances,             
resulted in higher standards for protection of the Alaskan                     
environment; and"                                                              
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Mackie objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
SCR 4 am H                                                                     
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  5   NAYS:  26   EXCUSED:  9   ABSENT:  0                              
                                                                               
Yeas:  Brown, Davidson, Finkelstein, Nordlund, Ulmer                           
                                                                               
Nays:  Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley,            
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses,                   
Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,      
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre,             
Sitton, Willis                                                                 
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Parnell:                         
                                                                               
Page 2, line 10:                                                               
                                                                               
	Delete "the"                                                                  
                                                                               
Insert "this"                                                                 
                                                                               

1994-02-11                     House Journal                      Page 2355
SCR 4                                                                        
Page 2, lines 10 and 11:                                                       
                                                                               
	Delete "that favors special litigation organizations"                         
                                                                               
Representative Parnell moved and asked unanimous consent that                  
Amendment No. 6 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected and withdrew the objection.                   
                                                                               
                                                                               
Representative Olberg objected.                                                
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
SCR 4 am H                                                                     
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  16   NAYS:  15   EXCUSED:  9   ABSENT:  0                             
                                                                               
Yeas:  Brown, Bunde, Davidson, B.Davis, Finkelstein, Green,                    
Grussendorf, Hudson, Larson, MacLean, Moses, Nicholia, Nordlund,               
Parnell, Ulmer, Williams                                                       
                                                                               
Nays:  Barnes, G.Davis, Hanley, James, Kott, Mackie, Martin, Mulder,           
Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey                   
                                                                               
Excused:  Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre,             
Sitton, Willis                                                                 
                                                                               
And so, Amendment No. 6 was adopted.                                           
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Porter:                          
                                                                               
Page 2, line 18, after "permit":                                               
                                                                               
	Delete "all"                                                                  
                                                                               

1994-02-11                     House Journal                      Page 2356
SCR 4                                                                        
Page 2, line 19, after "costs":                                                
                                                                               
Delete ", including those who prevail over"                                   
                                                                               
	Insert "from"                                                                 
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Ulmer objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 7 be adopted? The roll               
was taken with the following result:                                           
                                                                               
SCR 4 am H                                                                     
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  10   NAYS:  21   EXCUSED:  9   ABSENT:  0                             
                                                                               
Yeas:  Brown, Green, Hudson, Moses, Mulder, Olberg, Phillips, Porter,          
Therriault, Vezey                                                              
                                                                               
Nays:  Barnes, Bunde, Davidson, B.Davis, G.Davis, Finkelstein,                 
Grussendorf, Hanley, James, Kott, Larson, Mackie, MacLean, Martin,             
Nicholia, Nordlund, Parnell, Sanders, Toohey, Ulmer, Williams                  
                                                                               
Excused:  Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre,             
Sitton, Willis                                                                 
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered  by Representative Green:                           
                                                                               
Page 2, line 2:                                                                
                                                                               
Delete "is intended"                                                          
                                                                               
	Insert "appears"                                                              
                                                                               

1994-02-11                     House Journal                      Page 2357
SCR 4                                                                        
Representative Green moved and asked unanimous consent that                    
Amendment No. 8 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The question being:  "Shall SCR 4 am H pass the House?  The roll               
was taken with the following result:                                           
                                                                               
SCR 4 am H                                                                     
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  24   NAYS:  7   EXCUSED:  9   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson,             
James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder,                   
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,         
Williams                                                                       
                                                                               
Nays:  Brown, Davidson, B.Davis, Finkelstein, Nicholia, Nordlund,              
Ulmer                                                                          
                                                                               
Excused:  Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre,             
Sitton, Willis                                                                 
                                                                               
And so, SCR 4 am H passed the House.                                           
                                                                               
Representative Vezey gave notice of reconsideration of his vote on             
SCR 4 am H.