Legislature(2003 - 2004)
2003-05-14 House Journal
Full Journal pdf2003-05-14 House Journal Page 1650 HB 145 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 145(FIN) "An Act prohibiting discrimination in the awarding of attorney fees and costs in civil actions or appeals to or against, or in the posting of bonds or other security by, public interest litigants; and relating to awards of attorney fees and costs in cases involving enforcement of constitutional rights; and providing for an effective date." Representative Berkowitz objected. **Representative Holm, who had been previously excused (page 1616), left the Chamber. Representative Berkowitz moved and asked unanimous consent to amend the motion to adopt the Finance committee substitute by deleting "(FIN)" and inserting "(JUD)". Representative Whitaker objected. Representative Berkowitz placed a call of the House. 2003-05-14 House Journal Page 1651 The Speaker stated the call was satisfied. The question being: "Shall the motion to adopt the Finance committee substitute be amended?" The roll was taken with the following result: HB 145 Second Reading Amend Motion to Adopt Finance CS YEAS: 9 NAYS: 28 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Gara, Guttenberg, Kapsner, Kerttula, Kookesh, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Holm, Joule And so, the motion failed. Representative Berkowitz moved and asked unanimous consent that HB 145 be returned to the Judiciary Committee. Objection was heard. The question being: "Shall HB 145 be returned to the Judiciary Committee?" The roll was taken with the following result: HB 145 Second Reading Return to Judiciary Committee YEAS: 9 NAYS: 27 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kerttula, Kookesh, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-05-14 House Journal Page 1652 Excused: Croft, Holm, Joule Absent: Kapsner And so, the motion failed. The question being: "Shall the Finance committee substitute be adopted?" The roll was taken with the following result: HB 145 Second Reading Adopt Finance CS YEAS: 25 NAYS: 12 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses, Ogg, Weyhrauch Excused: Croft, Holm, Joule And so, the Finance committee substitute was adopted. Amendment No. 1 was offered by Representative Gara: Page 1, line 6 through page 3, line 23: Delete all material and insert: "* Section 1. AS 09.60.010 is amended to read: Sec. 09.60.010. Costs and attorney fees allowed prevailing party. The supreme court shall determine by rule or order the costs, if any, that may be allowed a prevailing party in a civil action. Unless specifically authorized by statute or by agreement between the parties, attorney fees may not be awarded to a party in a civil action for personal injury, death, or property damage related to or arising out of fault, as defined in AS 09.17.900, unless the civil action is contested without trial, or fully contested as determined by the court. In a civil action by a public interest litigant against the state or state agency, the prevailing plaintiff shall be entitled to 65 percent of their full reasonable 2003-05-14 House Journal Page 1653 attorney fees. Where a public interest litigant does not prevail, full reasonable attorney fees shall be awarded against a public interest litigant on claims the plaintiff pursued that were frivolous." Renumber the remaining bill sections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Whitaker objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 145(FIN) Second Reading Amendment No. 1 YEAS: 10 NAYS: 27 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Holm, Joule And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. **Representative Coghill moved and asked unanimous consent that Representatives Kapsner and Moses be excused from a call of the House today. There being no objection, it was so ordered. Amendment No. 3 was offered by Representatives Kerttula and Gara: 2003-05-14 House Journal Page 1654 Page 3, lines 16 - 23: Delete all material. Renumber remaining bill sections accordingly. Representative Kerttula moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Whitaker objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 145(FIN) Second Reading Amendment No. 3 YEAS: 8 NAYS: 25 EXCUSED: 5 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kerttula, Kookesh Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Holm, Joule, Kapsner, Moses Absent: Harris, Meyer And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Berkowitz: Page 1, line 1, through page 3, line 23: Delete all material and insert: ""An Act relating to certain public interest litigation affecting natural resource permitting decisions and to expedited trials and appeals; and providing for an effective date." 2003-05-14 House Journal Page 1655 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 09.20 is amended by adding a new section to read: Article 3. Expedited Trial. * Sec. 09.20.200. Expedited resolution for certain public interest litigation. In a civil action contesting a decision of the Department of Environmental Conservation, the Department of Fish and Game, or the Department of Natural Resources making a coastal consistency determination, adopting regulations, or for which there was an opportunity for the public to comment to the agency before the final agency decision and to seek administrative review before the agency following the initial agency decision, the courts of this state shall provide expedited consideration of the action. If the action under this section proceeds to trial or oral argument, the trial or oral argument must commence not more than 120 days following the filing of the action unless the person filing the action agrees to a later date." Renumber the remaining bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Whitaker objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 145(FIN) Second Reading Amendment No. 4 YEAS: 10 NAYS: 24 EXCUSED: 5 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Crawford, Guttenberg, Kerttula, Kookesh, Kott, Ogg, Weyhrauch 2003-05-14 House Journal Page 1656 Nays: Coghill, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf Excused: Croft, Holm, Joule, Kapsner, Moses Absent: Anderson And so, Amendment No. 4 was not adopted. Representative Coghill moved and asked unanimous consent that CSHB 145(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 145(FIN) will advance to third reading on tomorrow's calendar.