Legislature(1997 - 1998)

1997-04-18 Senate Journal

Full Journal pdf

1997-04-18                     Senate Journal                      Page 1297
HB 58                                                                        
Senator Leman moved that the bill be returned to second reading for            
the purpose of a specific amendment, that being Amendment No. 17.              
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Leman offered Amendment No. 17 :                                        
                                                                               
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	Delete "$1,500,000"                                                           
	Insert "$1,000,000"                                                           
                                                                               
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	Delete all material.                                                          
	Insert "life expectancy in years multiplied by $25,000,                       
whichever is greater, when the damages are awarded for severe                  
permanent physical impairment or severe disfigurement."                        
                                                                               
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	Delete all material and insert:                                               
"(g)  Except as provided in (h) of this section, if the fact                  
finder determines that the conduct proven under (b) of this                    
section was motivated by financial gain and the adverse                        
consequences of the conduct were actually known by the                         
defendant or the person responsible for making policy                          
decisions on behalf of the defendant, it may award an                          
amount of punitive damages not to exceed the greatest of                       
	(1)  four times the amount of compensatory damages                           
awarded to the plaintiff in the action;                                        
	(2)  four times the aggregate amount of financial                            
gain that the defendant received as a result of the                            

1997-04-18                     Senate Journal                      Page 1298
HB 58                                                                        
	defendant's misconduct; or                                                    
                                                                               
	(3)  the sum of $7,000,000."                                                 
                                                                               
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Renumber the following paragraphs accordingly.                                 
                                                                               
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	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Leman moved for the adoption of Amendment No. 17.                      
Senator Duncan objected.                                                       
                                                                               
Senator Duncan moved to divide the question.  President Miller ruled           
the question divisible.  Without objection, Amendment No. 17 was               
divided as follows:                                                            
                                                                               
Part A:                                                                        
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	Delete "$10,000"                                                              
	Insert "$8,000"                                                               

1997-04-18                     Senate Journal                      Page 1299
HB 58                                                                        
Page 5, line 23:                                                               
	Delete "$1,500,000"                                                           
	Insert "$1,000,000"                                                           
                                                                               
Page 5, lines 24 - 31:                                                         
	Delete all material.                                                          
	Insert "life expectancy in years multiplied by $25,000,                       
whichever is greater, when the damages are awarded for severe                  
permanent physical impairment or severe disfigurement."                        
                                                                               
Part B:                                                                        
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	Delete all material and insert:                                               
	"(g)  Except as provided in (h) of this section, if the                      
fact finder determines that the conduct proven under (b) of                    
this section was motivated by financial gain and the adverse                   
consequences of the conduct were actually known by the                         
defendant or the person responsible for making policy                          
decisions on behalf of the defendant, it may award an                          
amount of punitive damages not to exceed the greatest of                       
		(1)  four times the amount of compensatory                                  
damages awarded to the plaintiff in the action;                                
		(2)  four times the aggregate amount of                                     
financial gain that the defendant received as a result of the                  
defendant's misconduct; or                                                     
		(3)  the sum of $7,000,000."                                                
                                                                               
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	Delete "$50,000"                                                              
	Insert "$200,000"                                                             
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	Delete all material.                                                          
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1300
HB 58                                                                        
Page 15, line 3:                                                               
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	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Leman moved for the adoption of Amendment 17, Part A.                  
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 17, Part A be adopted?                 
The roll was taken with the following result:                                  
                                                                               
SCS CS SSHB 58(RLS) am S                                                       
Second Reading                                                                 
Amendment No. 17,  Part A                                                      
                                                                               
YEAS:  13   NAYS:  4   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Mackie, Miller,                   
Parnell, Phillips, Sharp, Torgerson, Ward, Wilken                              
                                                                               
Nays:  Adams, Duncan, Lincoln, Pearce                                          
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 17, Part A was adopted.                                  
                                                                               
Senator Leman moved for the adoption of Amendment No. 17, Part                 
B.  Senator Lincoln objected.                                                  
                                                                               
Senator Lincoln moved to divide the question.  President Miller ruled          
the question divisible.  Without objection, the amendment was                  
divided as follows:                                                            
                                                                               
Part B:                                                                        
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1997-04-18                     Senate Journal                      Page 1301
HB 58                                                                        
	"(g)  Except as provided in (h) of this section, if the fact                  
finder determines that the conduct proven under (b) of this section            
was motivated by financial gain and the adverse consequences of the            
conduct were actually known by the defendant or the person                     
responsible for making policy decisions on behalf of the defendant,            
it may award an amount of punitive damages not to exceed the                   
greatest of                                                                    
	(1)  four times the amount of compensatory damages                           
awarded to the plaintiff in the action;                                        
	(2)  four times the aggregate amount of financial                            
gain that the defendant received as a result of the                            
defendant's misconduct; or                                                     
	(3)  the sum of $7,000,000."                                                 
                                                                               
Part C:                                                                        
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	Insert "100"                                                                  
                                                                               
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	Delete all material.                                                          
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
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	Delete "after"                                                                
	Insert "before"                                                               
                                                                               
Page 23, line 29, through page 24, line 6:                                     
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Leman moved for the adoption of Amendment No. 17, Part                 
B.  Without objection, Amendment No. 17, Part B was adopted.                   
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1302
HB 58                                                                        
Senator Leman moved for the adoption of Amendment 17, Part C.                  
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 17, Part C be adopted?                 
The roll was taken with the following result:                                  
                                                                               
SCS CS SSHB 58(RLS) am S                                                       
Second Reading                                                                 
Amendment No. 17, Part C                                                       
                                                                               
YEAS:  9   NAYS:  8   EXCUSED:  3   ABSENT:  0                               
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Mackie, Miller, Parnell, Sharp,          
Ward                                                                           
                                                                               
Nays:  Adams, Duncan, Leman, Lincoln, Pearce, Phillips, Torgerson,             
Wilken                                                                         
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, Amendment No. 17, Part C was adopted.                                  
                                                                               
The bill was automatically in third reading.                                   
                                                                               
The question to be reconsidered: 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:                                                                        
                                                                               
                                                                               

1997-04-18                     Senate Journal                      Page 1303
HB 58                                                                        
                                                                               
SCS CS SSHB 58(RLS) am S                                                       
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  14   NAYS:  3   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Mackie, Miller,                   
Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken                      
                                                                               
Nays:  Adams, Duncan, Lincoln                                                  
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR                            
HOUSE BILL NO. 58(RLS) am S passed the Senate on                               
reconsideration.                                                               
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the vote on the passage of the bill be considered the             
vote on the Court Rule Changes.  Objections were heard.                        
                                                                               
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:  3   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Mackie, Miller,                   
Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken                      
                                                                               
Nays:  Adams, Duncan, Lincoln                                                  
                                                                               
Excused:  Ellis, Hoffman, Taylor                                               
                                                                               
and so, the Court Rule Changes were adopted.                                   
                                                                               
The bill was referred to the Secretary for engrossment.