Legislature(1993 - 1994)
1993-05-10 Senate Journal
Full Journal pdf1993-05-10 Senate Journal Page 2286 HB 160 HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date" was before the Senate in second reading with a motion pending to rescind its previous action in returning the bill to the Rules Committee. The question being: "Shall the Senate rescind its previous action in returning HOUSE BILL NO. 160(title am) to the Rules Committee?" The roll was taken with the following result: HB 160(TITLE AM) Second Reading Shall the Senate rescind its previous motion in returning the bill to the Rules Committee? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Taylor, Zharoff and so, the Senate rescinded its action. 1993-05-10 Senate Journal Page 2287 HB 160 The question being: "Shall HOUSE BILL NO. 160(title am) be returned to the Rules Committee?" The roll was taken with the following result: HB 160(TITLE AM) Shall the bill be returned to the Rules Committee? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp and so, the bill was not returned to the Rules Committee. HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date" was before the Senate in second reading. Senator Donley offered Amendment No. 2 : Page 3, lines 2 & 6: Delete "10" Insert "20" Page 3, line 9: Delete "10th" Insert "20th" Senator Donley moved for the adoption of Amendment No. 2. Senator Kelly objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1993-05-10 Senate Journal Page 2288 HB 160 HB 160(TITLE AM) Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp and so, Amendment No. 2 failed. Senator Donley offered Amendment No. 1 : Page 3, lines 2 & 6: Delete "10" Insert "15" Page 3, line 9: Delete "10th" Insert "15th" Senator Donley moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 160(TITLE AM) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Miller, Salo, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Pearce, Phillips, Rieger, Sharp 1993-05-10 Senate Journal Page 2289 HB 160 and so, Amendment No. 1 was adopted. Amendment No. 3 was not offered. Senator Taylor offered Amendment No. 4 : Page 1, line 1, after "actions": Insert "and to apportionment of damages in a civil action" Page 3, after line 25: Insert new bill sections to read: "* Sec. 4. AS09.17.080(a) is amended to read: (a) In all actions involving fault of more than one party to the action, including third-party defendants and persons who have been released under AS09.16.040 or determined to be immune under AS09.10.055, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating (1) the amount of damages each claimant would be entitled to recover if contributory fault and immunity under AS09.10.055 are [IS] disregarded; and (2) the percentage of the total fault of all of the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability under AS09.16.040 or found to be immune under AS09.10.055. * Sec. 5. AS09.17.080(c) is amended to read: (c) The court shall determine the award of damages to each claimant in accordance with the findings, subject to a reduction under AS09.16.040, and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault, and (e) of this section if applicable. 1993-05-10 Senate Journal Page 2290 HB 160 * Sec. 6. AS09.17.080(d) is amended to read: (d) Except as provided under (e) of this section, the [THE] court shall enter judgment against each party liable on the basis of several liability in accordance with that party's percentage of fault. * Sec. 7. AS09.17.080 is amended by adding a new subsection to read: (e) In an action in which the amount of damages determined under (a)(1) of this section includes an allocation to a party that is immune under AS09.10.055, the court may not enter judgment against the immune party but shall add the damages allocated to the immune party to each other party's liability in proportion to the relative percentages of fault of the other parties and enter judgment accordingly." Renumber the following bill sections accordingly. Senator Taylor moved for the adoption of Amendment No. 4. Senator Duncan rose to a point of order. Senator Taylor moved and asked unanimous consent that Amendment No. 4 be withdrawn. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 160 am S be considered engrossed, advanced to third reading and placed on final passage. Senator Donley objected. The question being: "Shall HOUSE BILL NO. 160 am S be advanced to third reading?" The roll was taken with the following result: HB 160 AM S Second Reading Advance from Second to Third Reading? 1993-05-10 Senate Journal Page 2291 HB 160 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff and so, HOUSE BILL NO. 160 am S failed to be advanced to third reading.