Legislature(1997 - 1998)
1997-03-18 House Journal
Full Journal pdf1997-03-18 House Journal Page 0738 HB 58 The following, which had been held in second reading to today's calendar (page 729), was before the House with Amendment No. 43 moved and pending: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) am An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure. The question being: Shall Amendment No. 43 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 43 YEAS: 12 NAYS: 20 EXCUSED: 6 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-03-18 House Journal Page 0739 HB 58 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, Vezey, Williams Absent: Barnes, Masek And so, Amendment No. 43 was not adopted. Amendment No. 44 was offered by Representative Elton: Page 3, line 25, following (A): Delete prolonged Representative Elton moved and asked unanimous consent that Amendment No. 44 be adopted. Representative Porter objected. The question being: Shall Amendment No. 44 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 44 YEAS: 12 NAYS: 19 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Kelly, Masek And so, Amendment No. 44 was not adopted. 1997-03-18 House Journal Page 0740 HB 58 Amendment Nos. 45-51 were not offered. Amendment No. 52 was offered by Representative Berkowitz: Page 6, line 4, following gain;: Delete and Insert or Representative Berkowitz moved and asked unanimous consent that Amendment No. 52 be adopted. Representative Porter objected. The question being: Shall Amendment No. 52 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 52 YEAS: 12 NAYS: 20 EXCUSED: 6 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, 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, Vezey, Williams Absent: Barnes, Masek And so, Amendment No. 52 was not adopted. Amendment Nos. 53-55 were not offered. Amendment No. 56 was offered by Representative Croft: 1997-03-18 House Journal Page 0741 HB 58 Page 17, line 2, following least: Delete $500,000 Insert $1,000,000 Representative Croft moved and asked unanimous consent that Amendment No. 56 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 56 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 56 YEAS: 12 NAYS: 20 EXCUSED: 6 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, 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, Vezey, Williams Absent: Barnes, Masek And so, Amendment No. 56 was not adopted. Amendment Nos. 57-61 were not offered. Amendment No. 62 was offered by Representative Berkowitz: Page 5, line 24 following rights: Insert or reckless indifference to the interests of others Representative Berkowitz moved and asked unanimous consent that Amendment No. 62 be adopted. 1997-03-18 House Journal Page 0742 HB 58 Representative Porter objected. The question being: Shall Amendment No. 62 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 62 YEAS: 11 NAYS: 19 EXCUSED: 6 ABSENT: 4 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Moses, Nicholia, Ogan Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Kookesh, Kubina, Masek And so, Amendment No. 62 was not adopted. Amendment Nos. 63-67 were not offered. Amendment No. 68 was offered by Representative Croft: Page 3, line 7, following AS 09.10.040": Insert , the provisions of this section are waived by contract, Representative Croft moved and asked unanimous consent that Amendment No. 68 be adopted. Representative Porter objected. Amendment to Amendment No. 68 was offered by Representative Porter: 1997-03-18 House Journal Page 0743 HB 58 Following section: Delete are Insert may be Representative Porter moved and asked unanimous consent that Amendment to Amendment No. 68 be adopted. There being no objection, it was so ordered. There being no further objection to Amendment No. 68 as amended, it was adopted. Amendment Nos. 69 and 70 were not offered. Amendment No. 71 was offered by Representative Croft: Page 1, line 14, following positive: Insert big Representative Croft moved and asked unanimous consent that Amendment No. 71 be adopted. Representative Porter objected. The question being: Shall Amendment No. 71 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 71 YEAS: 11 NAYS: 20 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, 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, Vezey, Williams 1997-03-18 House Journal Page 0744 HB 58 Absent: Barnes, Kookesh, Masek And so, Amendment No. 71 was not adopted. Amendment No. 72 was not offered. Amendment No. 73 was offered by Representative Davies: Page 5, line 7, following (c): Insert or (e) Page 5, line 10: Delete In Insert Except as provided under (e) of this section, in Page 5, following line 19: Insert a new subsection to read: (e) On January 1 of each year, the amounts specified under (b) and (c) of this section shall be changed to reflect inflation, if any. The Department of Labor shall adopt a regulation on or before December 31 of each year announcing the change in dollar amounts required by this subsection. In this subsection, inflation means the change in the Consumer Price Index for Anchorage, All Items Index, compiled by the Bureau of Labor Statistics, United States Department of Labor. Representative Davies moved and asked unanimous consent that Amendment No. 73 be adopted. Objection was heard. The question being: Shall Amendment No. 73 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 73 YEAS: 11 NAYS: 20 EXCUSED: 6 ABSENT: 3 1997-03-18 House Journal Page 0745 HB 58 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, 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, Vezey, Williams Absent: Barnes, Kookesh, Masek And so, Amendment No. 73 was not adopted. Amendment Nos. 74 and 75 were not offered. Amendment No. 76 was offered by Representative Elton: Page 25, following line 19: Insert a new bill section to read: * Sec. 65. This Act sunsets if, on July 1, 2007, the director of the Division of Insurance certifies to the lieutenant governor and the revisor of statutes that the liability insurance rates filed with the Division of Insurance have not been held to a level at least 10 percent less than the average national increase since January 1, 1997. In this section, liability insurance means insurance described under AS 21.12.070(a)(2). Renumber the following section accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 76 be adopted. Objection was heard. The question being: Shall Amendment No. 76 be adopted? The roll was taken with the following result: 1997-03-18 House Journal Page 0746 HB 58 CSSSHB 58(FIN) am Second Reading Amendment No. 76 YEAS: 12 NAYS: 19 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Sanders Nays: Austerman, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault Excused: Dyson, Green, Hudson, James, Vezey, Williams Absent: Barnes, Kookesh, Masek And so, Amendment No. 76 was not adopted. Amendment Nos. 77-79 were not offered. Amendment No. 80 was offered by Representative Davies: Page 11, line 2 through Page 12, line 2: Delete all material. Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 80 be adopted. Representative Porter objected. The question being: Shall Amendment No. 80 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 80 YEAS: 10 NAYS: 20 EXCUSED: 6 ABSENT: 4 1997-03-18 House Journal Page 0747 HB 58 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, 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, Vezey, Williams Absent: Barnes, Brice, Kookesh, Masek And so, Amendment No. 80 was not adopted. Amendment Nos. 81-83 were not offered. Representative Porter moved and asked unanimous consent that CSSSHB 58(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSHB 58(FIN) am was read the third time. **The presence of Representatives Barnes and Masek was noted. Representative Croft declared a conflict of interest. The question being: Shall CSSSHB 58(FIN) am pass the House? The roll was taken with the following result: CSSSHB 58(FIN) am Third Reading Final Passage YEAS: 22 NAYS: 12 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault 1997-03-18 House Journal Page 0748 HB 58 Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Excused: Dyson, Green, Hudson, James, Vezey, Williams And so, CSSSHB 58(FIN) am passed the House. Representative Porter gave notice of reconsideration of his vote on CSSSHB 58(FIN) am.