Legislature(2003 - 2004)

2003-04-23 House Journal

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2003-04-23                     House Journal                      Page 1074
HB 249                                                                                            
The following, which was held in second reading from the                                            
April 16, 2003, calendar with Amendment No. 1 moved and pending                                     
(page 1014), was again before the House:                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 249(JUD)                                                                  
    "An Act relating to the award of costs and attorney fees to                                     
    defendants under court rule in civil actions brought under                                      
    monopoly and restraint of trade statutes; and providing for an                                  
    effective date."                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 249(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Foster, Gara, Gatto, Guttenberg, Kapsner,                                 
Kookesh, Masek, Morgan, Moses, Ogg, Seaton, Weyhrauch                                               
                                                                                                    

2003-04-23                     House Journal                      Page 1075
Nays:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                     
Fate, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn,                                  
McGuire, Meyer, Rokeberg, Samuels, Stoltze, Whitaker, Williams,                                     
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Gruenberg, Joule                                                                          
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative McGuire:                                              
                                                                                                    
Page 1, line 13, following "actions.":                                                              
 Insert "If the plaintiff in a civil action brought under this section in                           
which judgment is for the defendant is a class certified under Rule 23,                             
Alaska Rules of Civil Procedure, any award of costs and attorney fees                               
to the defendant                                                                                    
             (1)  may be satisfied only through funds, if any, that the                             
    class has collected from settlements with or judgments against                                  
    other defendants; and                                                                           
             (2)  is not a liability of any individual member of the                                
    class."                                                                                         
                                                                                                    
Representative McGuire 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 249(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris,                                    
Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels,                                      
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Nays:  Ogg                                                                                          
                                                                                                    

2003-04-23                     House Journal                      Page 1076
Excused:  Gruenberg, Joule                                                                          
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 249(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 249(JUD) am was read the third time.                                                           
                                                                                                    
Representative Berkowitz rose to a point of order stating debate was                                
out of order and cited Section 111(3) of Mason's Manual.  The                                       
Speaker indicated the point was well taken.                                                         
                                                                                                    
The question being:  "Shall CSHB 249(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 249(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  7   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Fate, Foster, Gatto, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                          
Morgan, Rokeberg, Samuels, Stoltze, Weyhrauch, Whitaker,                                            
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Cissna, Gara, Kapsner, Kerttula, Moses, Ogg, Seaton                                          
                                                                                                    
Excused:  Gruenberg, Joule                                                                          
                                                                                                    
And so, CSHB 249(JUD) am passed the House.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 249(JUD) am was referred to the Chief Clerk for engrossment.