Legislature(1997 - 1998)
1997-03-17 House Journal
Full Journal pdf1997-03-17 House Journal Page 0687 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday March 17, 1997 Sixty-fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:05 a.m. Roll call showed 32 members present. Representatives Dyson, Green, Hudson, James, Joule, Vezey and Williams had been previously excused from a call of the House today. Representative Hanley was absent and his presence was noted later. The invocation was offered by the Chaplain, Judy Minor, Christian Science Practitioner. Representative Porter moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: We read in James: Every good gift and every perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow of turning. Jas. 1:17 Dear Heavenly Father, We joyfully stand before You this morning and give gratitude in advance for the harmony You bestow as the source of all good. The work here today will be effective as we allow Your light to shine into every corner and reveal any variableness or shadow of turning that might compromise these activities. We humbly acknowledge our purpose here as 'those bearing witness to the light' and thereby remove any shadow that would try to identify us as mere mortals sometimes at 1997-03-17 House Journal Page 0688 variance. We are one with You Father and one with each other as the light rays are one seamless mantle emanating from the sun. We ask You to guide, guard and govern every thought, word and action this day and lift them above self- interest or misinterpretation. When Love speaks and Love listens there are no barriers to progress. We thank You Father for the omnipresent Love that is here meeting every human need. AMEN The Pledge of Allegiance was led by Representative Cowdery. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 61st, 62nd and 63rd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HJR 25 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 25 Proposing amendments to the Constitution of the State of Alaska to guarantee the permanent fund dividend, to provide for inflation- proofing, and to require a vote of the people before spending undistributed income from the earnings reserve of the permanent fund; and relating to the permanent fund. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 25(STA) Proposing amendments to the Constitution of the State of Alaska to guarantee the permanent fund dividend and to provide for inflation-proofing; and relating to the permanent fund. 1997-03-17 House Journal Page 0689 HJR 25 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Hodgins, Dyson No recommendation (4): Elton, Berkowitz, Vezey, Ivan The following fiscal notes apply to CSHJR 25(STA): Fiscal note, Office of the Governor, 3/17/97 Zero fiscal note, Dept. of Revenue, 3/17/97 HJR 25 was referred to the Judiciary Committee. HB 58 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58 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; amending Rule 511, Alaska Rules of Appellate Procedure; and providing for an effective date. and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) 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 report was signed by Representative Therriault, Co-chair, with the following individual recommendations: 1997-03-17 House Journal Page 0690 HB 58 Do pass (4): Mulder, Martin, Kohring, Foster No recommendation (1): Moses Amend (5): Kelly, Therriault, Davies, Grussendorf, Davis The following fiscal notes apply to CSSSHB 58(FIN): Fiscal note, Alaska Judicial Council, 3/17/97 Fiscal note, Alaska Court System, 3/17/97 Zero fiscal note, Dept. of Administration, 2/27/97 Zero fiscal note, Dept. of Commerce & Economic Development, 2/27/97 Zero fiscal note, Dept. of Law, 2/27/97 SSHB 58 is on today's calendar. HB 153 The State Affairs Committee has considered: HOUSE BILL NO. 153 An Act relating to the eligibility of aliens for state public assistance and medical assistance programs affected by federal welfare reform legislation; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Elton, Berkowitz, Dyson No recommendation (2): Hodgins, Vezey The following fiscal notes apply: Fiscal notes (3), Dept. of Health & Social Services, 2/24/97 Zero fiscal notes (2), Dept. of Health & Social Services, 2/24/97 HB 153 was referred to the Health, Education & Social Services Committee. 1997-03-17 House Journal Page 0691 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Steven Jimerfield, Trooper of the Year By Senator Taylor; Representative Grussendorf Honoring - Karen Ann Maudal By Senator Ward INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 30 HOUSE JOINT RESOLUTION NO. 30 by the House Judiciary Committee: Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. was read the first time and referred to the Judiciary Committee. **The presence of Representative Hanley was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 13 The following was read the second time: HOUSE BILL NO. 13 An Act relating to marine safety training and education programs. 1997-03-17 House Journal Page 0692 HB 13 with the: Journal Page STA RPT 7DP 418 FISCAL NOTE (REV) 418 ZERO FISCAL NOTE (LABOR) 418 FIN RPT CS(FIN) 3DP 4NR 554 ZERO FISCAL NOTE (H.FIN/REV) 555 ZERO FISCAL NOTE (LABOR) 2/21/97 555 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. 13(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Therriault: Page 1, line 9: Delete grants Insert a grant Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Barnes objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 13(FIN) Second Reading Amendment No. 1 YEAS: 23 NAYS: 10 EXCUSED: 7 ABSENT: 0 Yeas: Austerman, Brice, Bunde, Cowdery, Croft, Davis, Elton, Foster, Grussendorf, Hodgins, Ivan, Kelly, Kohring, Kookesh, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Sanders, Therriault 1997-03-17 House Journal Page 0693 HB 13 Nays: Barnes, Berkowitz, Davies, Hanley, Kemplen, Kott, Martin, Ogan, Rokeberg, Ryan Excused: Dyson, Green, Hudson, James, Joule, Vezey, Williams And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Davies: Page 1, line 9, following grants for: Insert statewide Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 13(FIN) am Second Reading Amendment No. 2 YEAS: 32 NAYS: 1 EXCUSED: 7 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hodgins, Ivan, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Nays: Kott Excused: Dyson, Green, Hudson, James, Joule, Vezey, Williams And so, Amendment No. 2 was adopted. Representative Porter moved and asked unanimous consent that CSHB13(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1997-03-17 House Journal Page 0694 HB 13 CSHB 13(FIN) am was read the third time. The question being: Shall CSHB 13(FIN) am pass the House? The roll was taken with the following result: CSHB 13(FIN) am Third Reading Final Passage YEAS: 31 NAYS: 2 EXCUSED: 7 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Ivan, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders Nays: Hanley, Therriault Excused: Dyson, Green, Hudson, James, Joule, Vezey, Williams And so, CSHB 13(FIN) am passed the House and was referred to the Chief Clerk for engrossment. HB 58 The Speaker stated that, without objection, the following would be moved down the calendar to follow SJR 13: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58 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; amending Rule 511, Alaska Rules of Appellate Procedure; and providing for an effective date. SECOND READING OF SENATE RESOLUTIONS SJR 13 The following was read the second time: 1997-03-17 House Journal Page 0695 SJR 13 SENATE JOINT RESOLUTION NO. 13 Relating to RS 2477 rights-of-way. with the: Journal Page RES REFERRAL WAIVED Y23 N10 A7 614 Representative Porter moved and asked unanimous consent that SJR 13 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR 13 was read the third time. The question being: Shall SJR 13 pass the House? The roll was taken with the following result: SJR 13 Third Reading Final Passage YEAS: 30 NAYS: 3 EXCUSED: 7 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Nays: Kemplen, Kookesh, Nicholia Excused: Dyson, Green, Hudson, James, Joule, Vezey, Williams And so, SJR 13 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF HOUSE BILLS HB 58 The following, which had been moved down the calendar to follow SJR 13 (page 694), was read the second time: 1997-03-17 House Journal Page 0696 HB 58 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58 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; amending Rule 511, Alaska Rules of Appellate Procedure; and providing for an effective date. with the: Journal Page JUD RPT CS(JUD) 5DP 2DNP 503 3 ZERO FNS (ADM, LAW, DCED) 503 FIN RPT CS(FIN) NT 4DP 1NR 5AM 689 2 FISCAL NOTES (AJC, COURT) 690 3 ZERO FNS (ADM, LAW, DCED) 2/27/97 690 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) 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. There being no objection, it was so ordered. ANNOUNCEMENTS Minority Caucus upon recess, 3/17 The Speaker stated that, without objection, the House would recess until 12:20 p.m.; and so, the House recessed at 11:48 a.m. 1997-03-17 House Journal Page 0697 AFTER RECESS The Speaker called the House back to order at 12:25 p.m. Representative Porter moved and asked unanimous consent that the House recess until 7:00 p.m. There being no objection, the House recessed at 12:26 p.m. AFTER RECESS The Speaker called the House back to order at 7:04 p.m. A second quorum call showed 22 members present. **Representative Masek was excused due to illness. HB 58 Amendment No. 1 was offered by Representative Davies: Page 6, lines 14-28: Delete all material. Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. The Speaker invoked Section 102 of Masons Manual. Representative Grussendorf placed a call of the House. The call was satisfied. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1997-03-17 House Journal Page 0698 HB 58 CSSSHB 58(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 19 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kelly, 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, Joule, Masek, Vezey, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Croft: Page 5, lines 1-19: Delete all material. Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Porter objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) Second Reading Amendment No. 2 YEAS: 13 NAYS: 18 EXCUSED: 8 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kelly, Kemplen, Kubina, Moses, Nicholia 1997-03-17 House Journal Page 0699 HB 58 Nays: Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams Absent: Kookesh And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 5, line 13, following (l): Delete is a hemiplegic, paraplegic, or quadriplegic and has permanent functional loss of one or more limbs resulting from injury to the spine or spinal cord Insert suffers disfigurement or severe physical impairment Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Porter objected. Representative Porter placed a call of the House on all amendments. The call was satisfied. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) Second Reading Amendment No. 3 YEAS: 13 NAYS: 19 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-03-17 House Journal Page 0700 HB 58 Nays: Austerman, Bunde, Cowdery, 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. 3 was not adopted. Amendment No. 4 was offered by Representative Croft: 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) has third degree burns over one half or more of the claimant's body. Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Amendment No. 5 was not offered. Amendment No. 6 was offered by Representative Croft: Page 9, line 9 through page 10, line 11: Delete all material. Renumber the following bill sections accordingly. Page 20, lines 15-24: Delete all material. 1997-03-17 House Journal Page 0701 HB 58 Renumber the following bill sections accordingly. Page 24, lines 17-21: Delete all material. Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 6 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. 6 was not adopted. Amendment No. 7 was offered by Representative Berkowitz: Page 25, following line 19: Insert a new bill section to read: * Sec. 65. This Act sunsets if, on July 1, 2000, 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 reduced by at least 1997-03-17 House Journal Page 0702 HB 58 10percent from those filed on January 1, 1997. In this section, liability insurance means insurance described under AS21.12.070(a)(2). Renumber the following bill section accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Porter objected. Representative Berkowitz moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Berkowitz was required to vote. Amendment No. 1 to Amendment No. 7 was offered by Representative Brice: Following July 1,: Delete 2000 Insert 2007 Representative Brice moved and asked unanimous consent that Amendment No. 1 to Amendment No. 7 be adopted. Representative Porter objected. The question being: Shall Amendment No. 1 to Amendment No. 7 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 1 to Amendment No. 7 YEAS: 17 NAYS: 15 EXCUSED: 8 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Mulder, Nicholia, Sanders 1997-03-17 House Journal Page 0703 HB 58 Nays: Cowdery, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 1 to Amendment No. 7 was adopted. Amendment No. 2 to Amendment No. 7 was offered by Representative Brice: Following January 1, 1997": Insert adjusted for the CPI Representative Brice moved and asked unanimous consent that Amendment No. 2 to Amendment No. 7 be adopted. Representative Porter objected. The question being: Shall Amendment No. 2 to Amendment No. 7 be adopted? The roll was taken with the following result: CSSSHB 58(FIN) am Second Reading Amendment No. 2 to Amendment No. 7 YEAS: 12 NAYS: 20 EXCUSED: 8 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia, Sanders Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault Excused: Dyson, Green, Hudson, James, Joule, Masek, Vezey, Williams And so, Amendment No. 2 to Amendment No. 7 was not adopted. The question being: Shall Amendment No. 7 as amended be adopted? The roll was taken with the following result: 1997-03-17 House Journal Page 0704 HB 58 CSSSHB 58(FIN) am Second Reading Amendment No. 7, as amended YEAS: 13 NAYS: 19 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, 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, Joule, Masek, Vezey, Williams And so, Amendment No. 7 as amended was not adopted. Representative Porter lifted the call. The Speaker stated that, without objection, the House would recess to 10:15 p.m.; and so, the House recessed at 9:32 p.m. AFTER RECESS The Speaker called the House back to order at 10:15 p.m. 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 LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Specialist Carl Wetzel, Fort Wainwright Soldier of the Year By Representatives Vezey, Phillips, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault Honoring - Jay A. Rabinowitz By Senator Wilken; Representatives Brice, Phillips, Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey Honoring - Rick Mackey, 1997 Yukon Quest Winner By Senator Lincoln; Representatives Nicholia, Phillips, Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey 1997-03-17 House Journal Page 0730 UNFINISHED BUSINESS HB 13 Representatives Kott and Bunde added their names as cosponsors to: CS FOR HOUSE BILL NO. 13(FIN) AM An Act relating to marine safety training and education programs. HB 171 Representative Austerman removed his name as cosponsor to: HOUSE BILL NO. 171 An Act relating to the state environmental policy and changing the name of the Department of Environmental Conservation to the Department of Environmental Development. ENGROSSMENT HB 13 CSHB 13(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 10 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: SENATE BILL NO. 10 am H An Act naming Jerry's Way in Gustavus. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1997-03-17 House Journal Page 0731 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 18, 1997. There being no objection, the House adjourned at 2:59 a.m., March 18, 1997. Suzi Lowell Chief Clerk