Legislature(1997 - 1998)
1997-04-18 Senate Journal
Full Journal pdf1997-04-18 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 : Page 5, line 20: Delete "$500,000" Insert "$400,000" Page 5, line 21: Delete "$10,000" Insert "$8,000" 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." Page 7, lines 18 - 27: 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." Page 8, line 1: Delete "$50,000" Insert "$200,000" Delete "15" Insert "100" Page 8, lines 2 - 3: Delete all material. Renumber the following paragraphs accordingly. Page 15, line 3: 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. 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: Page 5, line 20: Delete "$500,000" Insert "$400,000" Page 5, line 21: 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: Page 7, lines 18 - 27: 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." Page 8, line 1: Delete "$50,000" Insert "$200,000" Delete "15" Insert "100" Page 8, lines 2 - 3: Delete all material. Renumber the following paragraphs accordingly. 1997-04-18 Senate Journal Page 1300 HB 58 Page 15, line 3: 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 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: Page 7, lines 18 - 27: Delete all material and insert: 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: Page 8, line 1: Delete "$50,000" Insert "$200,000" Delete "15" Insert "100" Page 8, lines 2 - 3: Delete all material. Renumber the following paragraphs accordingly. Page 15, line 3: 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.