Legislature(1997 - 1998)

1997-04-23 House Journal

Full Journal pdf

1997-04-23                     House Journal                      Page 1294
HB 115                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 115                                                            
An Act making corrective amendments to the Alaska Statutes as                 
recommended by the revisor of statutes; and providing for an                   
effective date.                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) 5DP                                              755         
	ZERO FISCAL NOTE (DHSS)                                           755         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 115(JUD)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Porter:                          
                                                                               
Page 4, following line 20:                                                     
	Insert a new bill section to read:                                            
   "*Sec. 8.  AS 09.10.053, as added by sec. 4, SCS CSSSHB 58(RLS)           
am S, Twentieth Alaska State Legislature, is amended to read:                  
	Sec. 09.10.053.  Contract actions to be brought in three                    
years.  Unless the action is commenced within three years, a                  
person may not bring an action upon a contract or liability, express           
or implied, except as provided in AS 09.10.040, ªTHE                           
PROVISIONS OF THIS SECTION MAY BE WAIVED BY                                    
CONTRACT,ß or as otherwise provided by law, or except if the                 
provisions of this section are waived by contract."                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1997-04-23                     House Journal                      Page 1295
HB 115                                                                       
Page 19, line 3:                                                               
	Delete "sec. 10"                                                              
	Insert "sec. 11"                                                              
                                                                               
Page 19, line 5:                                                               
	Delete "secs. 11 and 12"                                                      
	Insert  "secs. 12 and 13"                                                     
                                                                               
Page 19, line 7:                                                               
	Delete "sec. 14"                                                              
	Insert "sec. 15"                                                              
                                                                               
                                                                               
Page 19, following line 8:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 45.  (a)  The amendment to AS 09.10.053, made by sec. 8           
of this Act, takes effect only if SCS CSSSHB 58(RLS) am S,                     
Twentieth Alaska State Legislature, becomes law.                               
	(b)  If the amendment to AS 09.10.053, made by sec. 8 of this                 
Act, takes effect under (a) of this section, the applicability and             
severability provisions of secs. 55 and 56 of                                  
SCSCSSSHB58(RLS)amS apply to AS 09.10.053, as amended by                       
sec. 8 of this Act.                                                            
   * Sec. 46.  If sec. 8 of this Act takes effect under sec. 45(a) of this   
Act, it takes effect on the effective date of SCS CSSSHB 58 (RLS) am           
S, Twentieth Alaska State Legislature."                                        
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Page 19, line 9:                                                               
	Delete "This"                                                                 
	Insert "Except as provided in sec. 46 of this Act, this"                      
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 1 was adopted.                                                   
                                                                               

1997-04-23                     House Journal                      Page 1296
HB 115                                                                       
Representative Porter moved and asked unanimous consent that                   
CSHB115(JUD) am be considered engrossed, advanced to third                     
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
CSHB 115(JUD) am was read the third time.                                      
                                                                               
The question being: Shall CSHB 115(JUD) am pass the House?  The                
roll was taken with the following result:                                      
                                                                               
CSHB 115(JUD) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis,             
Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan,               
James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,                  
Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg,             
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Brice, Foster, Moses                                                  
                                                                               
And so, CSHB 115(JUD) am passed the House.                                     
                                                                               
Representative Porter moved and asked unanimous consent that the roll          
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           
                                                                               
CSHB 115(JUD) am was referred to the Chief Clerk for engrossment.