Legislature(1997 - 1998)

1997-03-17 House Journal

Full Journal pdf

1997-03-17                     House Journal                      Page 0704
HB 58                                                                        
Amendment No. 8 was offered  by Representative Davies:                          
                                                                               
Page 7, line 1, following $100,000:                                        
Insert or the total of medical bills and other costs reasonably             
expected to be incurred by the injured party from the time of                  
the injury through two years after the date of judgment,                       
whichever is greater                                                         
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 8 be adopted.                                                    

1997-03-17                     House Journal                      Page 0705
HB 58                                                                        
Representative Porter objected.                                                
                                                                               
Representative Kubina placed a call of the House and lifted the call.          
                                                                               
Amendment to Amendment No. 8 was offered  by Representative                     
Davies:                                                                        
                                                                               
Following whichever is:                                                    
Delete greater                                                            
Insert preferred by the injured party                                     
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment to Amendment No. 8 be adopted.                                       
                                                                               
Representative Porter objected and withdrew the objection.  There              
being no further objection, Amendment to Amendment No. 8 was                   
adopted.                                                                       
                                                                               
The question being:  Shall Amendment No. 8 as amended be                       
adopted?  The roll was taken with the following result:                        
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 8, as amended                                                    
                                                                               
YEAS:  14   NAYS:  18   EXCUSED:  8   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf,            
Kemplen, Kookesh, Kubina, Moses, Nicholia, Ogan, Therriault                    
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Phillips, Porter, Rokeberg,        
Ryan, Sanders                                                                  
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 8 as amended was not adopted.                            
                                                                               
                                                                               
Amendment No. 9 was offered  by Representative Berkowitz:                       
                                                                               

1997-03-17                     House Journal                      Page 0706
HB 58                                                                        
Page 5, line 26 through page 6, line 13:                                       
Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 9 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 9 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 10 was not offered.                                              
                                                                               
                                                                               
Amendment No. 11 was offered  by Representative Croft:                          
                                                                               
Page 5, line 27 through page 6, line 13:                                       
Delete all material.                                                          
Insert new subsections to read:                                               
		(b)  Except as provided in (c) of this section, the court                   
shall require  deposit into  the general  fund of  50 percent  of that         

1997-03-17                     House Journal                      Page 0707
HB 58                                                                        
portion of the punitive damages award that is equal to or less than           
the greater of three times the amount of compensatory damages or               
$300,000.                                                                      
		(c)  The court shall require deposit into the general fund                  
of 50 percent of that portion of the punitive damages award that               
is equal to or less than the greater of four times the amount of               
compensatory damages awarded or $600,000, if                                   
			(1)  the wrongful conduct or omission arose in                             
connection with a commercial activity motivated by financial gain;             
and                                                                            
			(2)  the likelihood of death or serious bodily injury                      
from the commercial activity was previously known by the person                
responsible for making policy decisions relating to the commercial             
activity and the knowledge was gained from previous instances of               
death or serious bodily injury arising from the same wrongful                  
conduct or omission, regardless of where the previous wrongful                 
conduct or omission occurred.                                                  
		(d)  If a court or jury awards punitive damages under (a)                   
of this section, the court shall require that 100 percent of the               
punitive damages award that exceeds the maximum amounts                        
described under (b) or (c) of this section, as applicable, be                  
deposited into the general fund or the Alaska permanent fund                   
under AS37.13.010.  The party paying the punitive damages shall                
elect which fund shall receive the money required to be paid under             
this subsection.                                                               
		(e)  The provisions of this section do not grant the state                  
the right to file or join a civil action to recover punitive damages.          
                                                                               
Page 15, line 30, following damages:                                           
Delete due the state under AS 09.17.020(d)                                    
Insert required to be deposited under AS 09.17.020                            
                                                                               
Page 24, line 4, following fund:                                               
Insert or the Alaska permanent fund                                           
                                                                               
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               

1997-03-17                     House Journal                      Page 0708
HB 58                                                                        
The question being:  Shall Amendment No. 11 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 11 was not adopted.                                      
                                                                               
Amendment No. 12 was offered  by Representative Berkowitz:                      
                                                                               
Page 5, line 23, following evidence:                                           
Delete of malice or conscious acts showing deliberate                       
disregard of another person's rights by the person from whom                   
the punitive damages are sought                                              
Insert of outrageous conduct                                              
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 12 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 12  be adopted?  The                  
roll was taken with the following result:                                      
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             

1997-03-17                     House Journal                      Page 0709
HB 58                                                                        
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
Amendment No. 13 was offered  by Representative Croft:                          
                                                                               
Page 6, following line 9:                                                      
Insert new subsections to read:                                               
		(d)  Limits under this section only apply when the person                   
defending a claim is a small business.                                         
		 (e) Limits under this section do not apply when the                        
claimant is a small business.                                                  
		 (f)  In subsections (d) and (e) small business means a                     
business with fewer than 10 employees.                                         
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 13 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
Representative Croft moved and asked unanimous consent that he be              
allowed to abstain from voting due to a  conflict of interest.  Objection      
was heard, and Representative Croft was required to vote.                      
                                                                               
The question being:  Shall Amendment No. 13 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             

1997-03-17                     House Journal                      Page 0710
HB 58                                                                        
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 13  was not adopted.                                     
                                                                               
                                                                               
Representative Kubina placed a call of the House.                              
                                                                               
                                                                               
Amendment No. 14 was offered  by Representative Nicholia:                       
                                                                               
Page 3, line 28:                                                               
Delete "or"                                                                   
                                                                               
Page 3, line 31, following "commerce;":                                        
Insert "or"                                                                   
                                                                               
Page 3, following line 31:                                                     
Insert a new subparagraph to read:                                            
			"(F)  the collapse, structural failure, or unsafe                          
condition in an elementary or secondary school."                               
                                                                               
                                                                              
Representative Nicholia moved and asked unanimous consent that                 
Amendment No. 14 be adopted.                                                   
                                                                               
Representative Rokeberg objected.                                              
                                                                               
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  "Shall Amendment No. 14 be adopted?"  The roll            
was taken with the following result:                                           

1997-03-17                     House Journal                      Page 0711
HB 58                                                                        
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 14 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 15 was offered  by Representative Berkowitz:                      
                                                                               
Page 4, following line 9:                                                      
Insert a new subsection to read:                                              
	(d)  the limitations imposed by this section and AS 09.10.080                
are tolled for claims described under AS 09.10.080 until the                   
claimant reaches the age of 18.                                                
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 15 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 15 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             
                                                                               

1997-03-17                     House Journal                      Page 0712
HB 58                                                                        
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 16 was offered  by Representative Davies:                         
                                                                               
Page 9, line 21, following action:                                         
Insert ; in this paragraph, other persons responsible does                  
not include a person protected from a civil action under                       
AS09.10.055                                                                  
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 16 be adopted.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 17 was offered  by Representative Berkowitz:                      
                                                                               
Page 4, line 29, following person's:                                           
Delete sixth                                                                  
Insert tenth                                                                  
                                                                               
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 17 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
                                                                               
The question being:  Shall Amendment No. 17 be adopted?  The roll              
was taken with the following result:                                           

1997-03-17                     House Journal                      Page 0713
HB 58                                                                        
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 17                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 17 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 18 was offered  by Representative Croft:                          
                                                                               
Page 16, line 10 through page 17, line 12:                                     
Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 18 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 18 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 18                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen,          
Kookesh, Kubina, Moses, Nicholia                                               

1997-03-17                     House Journal                      Page 0714
HB 58                                                                        
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Foster, Hanley,                
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
                                                                               
And so, Amendment No. 18 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 19 was offered  by Representative Kubina:                         
                                                                               
Page 5, line 27, following "(c)":                                              
	Insert "or (d)"                                                               
                                                                               
Page 5, line 31:                                                               
	Delete "The"                                                                  
	Insert "Except as provided under (d) of this section, the"                    
                                                                               
Page 6, following line 9:                                                      
	Insert a new subsection to read:                                              
	"(d)  The limits or punitive damages imposed under (b) and                   
(c) of this section do not apply to punitive damages awarded as a              
result of an act or omission involving natural resources."                     
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Page 15, line 30:                                                              
	Delete "AS 09.17.020(d)"                                                      
	Insert "AS 09.17.020(e)"                                                      
                                                                               
Page 24, line 2:                                                               
	Delete "AS 09.17.020(d)"                                                      
	Insert "AS 09.17.020(e)"                                                      
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 19 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               

1997-03-17                     House Journal                      Page 0715
HB 58                                                                        
The question being:  Shall Amendment No. 19 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 19                                                               
                                                                               
YEAS:  10   NAYS:  22   EXCUSED:  8   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen,                  
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster,                
Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan,             
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault                          
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 19 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 20 was offered  by Representative Croft:                          
                                                                               
Page 9, line 21, following "action":                                       
	Insert "; in this paragraph, "other person responsible" does not            
include a person who cannot be identified or located"                        
                                                                               
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 20 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 20 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 20                                                               
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  8   ABSENT:  0                             

1997-03-17                     House Journal                      Page 0716
HB 58                                                                        
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Moses, Nicholia                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
And so, Amendment No. 20 was not adopted.                                      
                                                                               
                                                                               
Amendment Nos. 21 and 22 were not offered.                                     
                                                                               
Amendment No. 23 was offered  by Representative Kemplen:                        
                                                                               
Page 3, line 28:                                                               
Delete or                                                                     
                                                                               
Page 3, line 31, following commerce;:                                          
Insert or                                                                     
                                                                               
Page 3, line 31:                                                               
Insert a new subparagraph to read:                                            
			(F) the collapse, structural failure, or unsafe                            
condition in a church, synagogue, or other house of worship.                   
                                                                               
Representative Kemplen moved and asked unanimous consent that                  
Amendment No. 23 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 23 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 23                                                               
                                                                               
YEAS:  10   NAYS:  20   EXCUSED:  8   ABSENT:  2                             

1997-03-17                     House Journal                      Page 0717
HB 58                                                                        
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders, Therriault                                            
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
Absent:  Barnes, Moses                                                         
                                                                               
And so, Amendment No. 23 was not adopted.                                      
                                                                               
Amendment No. 24 was not offered.                                              
                                                                               
Amendment No. 25 was offered  by Representative Kookesh:                        
                                                                               
Page 6, line 29 through page 8, line 8:                                        
Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 24, lines 8-16:                                                           
Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Kookesh moved and asked unanimous consent that                  
Amendment No. 25 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 25 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 25                                                               
                                                                               
YEAS:  11   NAYS:  18   EXCUSED:  8   ABSENT:  3                             

1997-03-17                     House Journal                      Page 0718
HB 58                                                                        
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf,             
Kemplen, Kookesh, Nicholia, Therriault                                         
                                                                               
Nays:  Austerman, Bunde, Cowdery, Foster, Hanley, Hodgins, Ivan,               
Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg,        
Ryan, Sanders                                                                  
                                                                               
Excused:  Dyson, Green, Hudson, James, Joule, Masek, Vezey,                    
Williams                                                                       
                                                                               
Absent:  Barnes, Kubina, Moses                                                 
                                                                               
And so, Amendment No. 25 was not adopted.                                      
                                                                               
Amendment No. 26 was offered  by Representative Kookesh:                        
                                                                               
Page 5, line 27 through page 6, line 9:                                        
Delete all material.                                                          
Insert a new subsection to read:                                              
		(b)  The amount of punitive damages awarded by a court                      
or jury under (a) of this section shall be based on the individual             
facts and evidence presented to the court and shall be sufficient to           
deter wrongdoing and to protect the public interest.                           
                                                                               
Renumber the following subsection accordingly.                                 
                                                                               
Representative Kookesh moved and asked unanimous consent that                  
Amendment No. 26 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
**Representative Barnes was excused due to illness.                            
                                                                               
The question being:  Shall Amendment No. 26 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 26                                                               
                                                                               
YEAS:  10   NAYS:  20   EXCUSED:  9   ABSENT:  1                             

1997-03-17                     House Journal                      Page 0719
HB 58                                                                        
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders, Therriault                                            
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, Amendment No. 26 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 27 was offered  by Representative Kookesh:                        
                                                                               
Page 5, line 15:                                                               
Delete or                                                                     
                                                                               
Page 5, line 17:                                                               
Delete .                                                                      
Insert ; or                                                                   
                                                                               
Page 5, following line 17:                                                     
Insert a new paragraph to read:                                               
		(3)  is totally blind.                                                      
                                                                               
Representative Kookesh moved and asked unanimous consent that                  
Amendment No. 27 be adopted.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 28 was offered  by Representative Kookesh:                        
                                                                               
Page 5, line 15:                                                               
Delete or                                                                     
                                                                               
Page 5, line 17:                                                               
Delete .                                                                      
Insert ; or                                                                   

1997-03-17                     House Journal                      Page 0720
HB 58                                                                        
Page 5, following line 17:                                                     
Insert a new paragraph to read:                                               
		(3)  has lost both arms or both legs or an arm and a leg.                   
                                                                               
Representative Kookesh moved and asked unanimous consent that                  
Amendment No. 28 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 28 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 28                                                               
                                                                               
YEAS:  11   NAYS:  19   EXCUSED:  9   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hanley,            
Kemplen, Kookesh, Kubina, Nicholia                                             
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hodgins, Ivan,                
Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg,        
Ryan, Sanders, Therriault                                                      
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, Amendment No. 28 was not adopted.                                      
                                                                               
                                                                               
Amendment Nos. 29 and 30 were not offered.                                     
                                                                               
Amendment No. 31 was offered  by Representative Berkowitz:                      
                                                                               
Page 10, lines 25-26:                                                          
Delete all material.                                                          
                                                                               
Page 10, line 27:                                                              
Delete (2)                                                                    

1997-03-17                     House Journal                      Page 0721
HB 58                                                                        
Page 10, line 28, following issue:                                             
 Delete ; and                                                                 
	 Insert .                                                                     
                                                                               
Page 10, line 29 through page 11, line 1:                                      
Delete all material.                                                          
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 31 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 31 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 31                                                               
                                                                               
YEAS:  9   NAYS:  21   EXCUSED:  9   ABSENT:  1                              
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Nicholia                                                              
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Kubina, Martin, Mulder, Ogan, Phillips,            
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, Amendment No. 31 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 32 was offered  by Representative Kemplen:                        
                                                                               
Page 7, line 1, following exceed:                                          
Delete $100,000"                                                          
Insert $250,000"	                                                         
                                                                               

1997-03-17                     House Journal                      Page 0722
HB 58                                                                        
Representative Kemplen moved and asked unanimous consent that                  
Amendment No. 32 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 32 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 32                                                               
                                                                               
YEAS:  11   NAYS:  19   EXCUSED:  9   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia, Therriault                                          
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders                                                        
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, Amendment No. 32 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 33 was not offered.                                              
                                                                               
                                                                               
Amendment No. 34 was offered  by Representative Croft:                          
                                                                               
Page 8, line 9 through page 9, line 8:                                         
Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 34 be adopted.                                                   
                                                                               

1997-03-17                     House Journal                      Page 0723
HB 58                                                                        
Representative Porter objected.                                                
                                                                               
                                                                               
The question being:  Shall Amendment No. 34 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 34                                                               
                                                                               
YEAS:  10   NAYS:  20   EXCUSED:  9   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders, Therriault                                            
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, Amendment No. 34 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 35 was offered  by Representative Croft:                          
                                                                               
Page 8, line 12, following claimant:                                           
                                                                               
Delete , or that with reasonable probability will be received in the          
future by the claimant,	                                                       
                                                                               
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 35 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 35 be adopted?  The roll              
was taken with the following result:                                           

1997-03-17                     House Journal                      Page 0724
HB 58                                                                        
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 35                                                               
                                                                               
YEAS:  10   NAYS:  20   EXCUSED:  9   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders, Therriault                                            
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, Amendment No. 35 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 36 was offered  by Representative Croft:                          
                                                                               
Page 1, line 3 (title amendment):                                              
	Delete "Rule"                                                               
	Insert "Rules 411 and"                                                      
                                                                               
Page 11, following line 1:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 22.  AS 09.25 is amended by adding a new section to read:         
	Sec. 09.25.035.  Evidence of liability insurance.  A claimant              
in an action for personal injury or death may introduce evidence               
that a person defending a claim is insured by a policy of liability            
insurance.  In this section, "liability insurance" means a policy of           
insurance described under AS21.12.070(a)(2)."                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 24, following line 24:                                                    
	Insert a new bill section to read:                                            

1997-03-17                     House Journal                      Page 0725
HB 58                                                                        
   "* Sec. 62.  AS 09.25.035, enacted in sec. 22 of this Act, has the        
effect of amending Rule 411, Alaska Rules of Evidence, by providing            
that evidence of liability insurance may be introduced by a claimant in        
a civil action for personal injury or death."                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 24, line 25:                                                              
	Delete "secs. 22 and 23"                                                      
	Insert "secs. 23 and 24"                                                      
                                                                               
Page 24, line 30:                                                              
	Delete "sec. 25"                                                              
	Insert "sec. 26"                                                              
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 36 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 36 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 36                                                               
                                                                               
YEAS:  8   NAYS:  20   EXCUSED:  9   ABSENT:  3                              
                                                                               
Yeas:  Berkowitz, Brice, Croft, Elton, Grussendorf, Kemplen, Kubina,           
Nicholia                                                                       
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders, Therriault                                            
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Davies, Kookesh, Moses                                                
                                                                               
And so, Amendment No. 36 was not adopted.                                      

1997-03-17                     House Journal                      Page 0726
HB 58                                                                        
Amendment Nos. 37, 38 and 39 were not offered.                                 
                                                                               
                                                                               
Amendment No. 40 was offered  by Representative Kemplen:                        
                                                                               
Page 6, line 30, following requested of:                                       
Delete a ªAN INJUREDß party                                               
Insert both parties ªAN INJURED PARTYß                                    
                                                                               
Page 24, line 10, following requested by:                                      
Delete a party                                                                
Insert both parties                                                           
                                                                               
Representative Kemplen moved and asked unanimous consent that                  
Amendment No. 40 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 40 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 40                                                               
                                                                               
YEAS:  9   NAYS:  19   EXCUSED:  9   ABSENT:  3                              
                                                                               
Yeas:  Berkowitz, Brice, Croft, Elton, Grussendorf, Kemplen, Kubina,           
Nicholia, Therriault                                                           
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davies, Davis, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan                                                         
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Kookesh, Moses, Sanders                                               
                                                                               
And so, Amendment No. 40 was not adopted.                                      
                                                                               
                                                                               

1997-03-17                     House Journal                      Page 0727
HB 58                                                                        
Amendment No. 41 was offered  by Representative Berkowitz:                      
                                                                               
Page 3, line 9 through page 4, line 9:                                         
Delete all material.                                                          
                                                                               
Renumber the following sections accordingly.                                   
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 41 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 41 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 41                                                               
                                                                               
YEAS:  8   NAYS:  21   EXCUSED:  9   ABSENT:  2                              
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen, Kubina,          
Nicholia                                                                       
                                                                               
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Foster, Hanley,                
Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault                                    
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Kookesh, Moses                                                        
                                                                               
And so, Amendment No. 41 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 42 was offered  by Representative Elton:                          
                                                                               
Page 3, line 10, following of:                                               
Delete eight                                                                
Insert ten                                                                  
                                                                               

1997-03-17                     House Journal                      Page 0728
HB 58                                                                        
Page 3, line 12, following within:                                             
Delete eight                                                                  
Insert ten                                                                    
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 42 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  Shall Amendment No. 42 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSSSHB 58(FIN) am                                                              
Second Reading                                                                 
Amendment No. 42                                                               
                                                                               
YEAS:  9   NAYS:  20   EXCUSED:  9   ABSENT:  2                              
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina                                                                
                                                                               
Nays:  Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins,              
Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,            
Rokeberg, Ryan, Sanders, Therriault                                            
                                                                               
Excused:  Barnes, Dyson, Green, Hudson, James, Joule, Masek, Vezey,            
Williams                                                                       
                                                                               
Absent:  Moses, Nicholia                                                       
                                                                               
And so, Amendment No. 42 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 43 was offered  by Representative Berkowitz:                      
                                                                               
Page 3, line 25, following to:                                                 
Insert a                                                                      
                                                                               
Page 3, line 25, following hazardous:                                          
Delete waste                                                                  
Insert substance                                                              
                                                                               

1997-03-17                     House Journal                      Page 0729
HB 58                                                                        
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 43 be adopted.                                                   
                                                                               
Representative Porter objected.                                                
                                                                               
The Speaker stated that CSSSHB 58(FIN) am would be held in second              
reading, with pending Amendment No. 43, to the March 18, 1997,                 
calendar.                                                                      
                                                                               
The following members declared a conflict of interest:                         
                                                                               
Representative Croft                                                          
Representative Ryan