Legislature(1997 - 1998)
1997-04-17 Senate Journal
Full Journal pdf1997-04-17 Senate Journal Page 1247 HB 58 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure which had been placed at the bottom of todays calendar (page 1240) was before the Senate in third reading. Senator Ellis moved that the Senate return to second reading for the purpose of rescinding its previous action in failing to adopt Part C of Amendment No. 7. Without objection, the bill was returned to second reading. Senator Ellis moved that the Senate rescind its previous action in failing to adopt Part C of Amendment No. 7. Without objection, it was so ordered. 1997-04-17 Senate Journal Page 1248 HB 58 Senator Ellis moved for the adoption of Part C of Amendment No. 7 (page 1177). Without objection, Part C of Amendment No. 7 was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Part D of Amendment No. 7. Without objection, the bill was returned to second reading. Senator Ellis moved for the adoption of Part D of Amendment No. 7 (page 1177). Without objection, Part D of Amendment No. 7 was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Kelly moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 10. Without objection, the bill was returned to second reading. Senator Kelly offered Amendment No. 10 : Page 26, line 17: Delete Court System Insert Judicial Council Senator Kelly moved for the adoption of Amendment No. 10. Without objection, Amendment No. 10 was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. 1997-04-17 Senate Journal Page 1249 HB 58 Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 11. Without objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 11 : Page 8, line J: Delete lines 14 to 17 and insert (J) if a person receives an award of punitive damages the court may require the following allocation be deposited into general fund of the State. (a) If recovery of punitive damages is less than One Million Dollars, zero percent to the Sate; (b) If recovery of punitive damages are over a Million Dollars, but less than Five Million Dollars, twenty percent to the State; (c) If recovery of punitive damages is over Five Million Dollars, but less than Five Million, twenty percent to the State; (d) If recovery of punitive damages is over Five Million, but less than Ten Million, thirty percent to the State; and (e) If recovery of punitive damages is over Ten Million, forty percent to the State. All amounts to the State. after payment of all costs and fees incurred in connection with securing the award. The schedule applies to the amount of punitive damages recovered by each individual litigant, not the aggregate of all amounts awarded to all litigants in a case Senator Lincoln moved for the adoption of Amendment No. 11. Senator Leman objected. The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1250 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 11 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Wilken Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward Excused: Mackie, Taylor and so, Amendment No. 11 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 12. Without objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 12 : Section 10, page 7, line 23: Delete or, Insert , property or economic Page 7, line 26: Delete or, Insert , property or economic Senator Lincoln moved for the adoption of Amendment No. 12. Objections were heard. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1251 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 12 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 12 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Adams moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 13. Without objection, the bill was returned to second reading. Senator Adams offered Amendment No. 13 : Section 17, line 18 to 27 Delete Section 17 and renumber accordingly. Senator Adams moved for the adoption of Amendment No. 13. Senator Leman objected. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1252 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 13 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 13 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Adams moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 14. Without objection, the bill was returned to second reading. Senator Adams offered Amendment No. 14 : Section 16, page 10 Delete Section 16 in its entirety and renumber accordingly. Senator Adams moved for the adoption of Amendment No. 14. Senator Leman objected. The question being: Shall Amendment No. 14 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1253 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 14 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 14 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Duncan moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 15. Without objection, the bill was returned to second reading. Senator Duncan offered Amendment No. 15 : Section 44, pages 23, 24: Delete Section 44 in its entirety and renumber accordingly. Senator Duncan moved for the adoption of Amendment No. 15. Senator Pearce objected. The question being: Shall Amendment No. 15 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1254 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 15 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Parnell Nays: Donley, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 15 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 16. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 16 : Section 9, page 5, line 24: Delete injured Page 5, line 24: Delete $30,000.00 Insert $75,000.00 or three times the total of special damages (defined as past and future medical and economic losses) Page 5, lines 25 - 31: Delete all material and insert damages are awarded for severe permanent physical impairment or severe disfigurement Senator Ellis moved for the adoption of Amendment No. 16. Senator Leman objected. 1997-04-17 Senate Journal Page 1255 HB 58 The question being: Shall Amendment No. 16 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 16 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 16 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Parnell moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Parnell was required to vote. Senator Green moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Green was required to vote. Senator Donley moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Donley was required to vote. Senators Pearce, Sharp, Kelly, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1997-04-17 Senate Journal Page 1256 HB 58 The question being: Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure pass the Senate? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Third Reading - Final Passage YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Mackie, Taylor and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S passed the Senate. Senator Leman, Acting Majority Leader, moved for the adoption of the Court Rule changes. The question being: Shall the Court Rule changes be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Adopt Court Rule Changes YEAS: 14 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Lincoln Excused: Mackie, Taylor 1997-04-17 Senate Journal Page 1257 HB 58 and so, the Court Rule changes were adopted. Senator Kelly gave notice of reconsideration.