Legislature(2003 - 2004)
2003-05-09 Senate Journal
Full Journal pdf2003-05-09 Senate Journal Page 1278 SB 93 SENATE BILL NO. 93 "An Act relating to limitations on actions to quiet title to, eject a person from, or recover real property or the possession of it; and providing for an effective date" which had been read the second time and returned to the Rules Committee (page 1230) was before the Senate in second reading. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 1199. Senator Taylor objected. The question being: "Shall the Judiciary Committee Substitute be adopted?" The roll was taken with the following result: 2003-05-09 Senate Journal Page 1279 SB 93 Second Reading Adopt Judiciary Committee Substitute? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Green, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Elton, French, Guess, Ogan, Taylor and so, CS FOR SENATE BILL NO. 93(JUD) "An Act relating to limitations on actions to quiet title to, eject a person from, or recover real property or the possession of it; relating to adverse possession; and providing for an effective date" was adopted. Senator Wagoner offered Amendment No. 1 : Page 1, line 5, through page 2, line 3: Delete all material and insert: "* Section. 1. AS 09.10.030 is amended to read: Sec. 09.10.030. Actions to recover real property [IN 10 YEARS]. Except as provided in (b) of this section, a [A] person may not bring an action for the recovery of real property [,] or for the recovery of the possession of it unless the action is commenced within 10 years. An action may not be maintained under this subsection for the recovery unless it appears that the plaintiff, an ancestor, a predecessor, or the grantor of the plaintiff was seized or possessed of the premises in question within 10 years before the commencement of the action. * Sec. 2. AS 09.10.030 is amended by adding a new subsection to read: (b) An action may be brought at any time by a person who was seized or possessed of the real property in question at some time before the commencement of the action or whose grantor or predecessor was seized or possessed of the real property in question at some time before commencement of the action, and whose ownership interest in the real property is recorded under AS 40.17, in order to (1) quiet title to that real property; or (2) eject a person from that real property." 2003-05-09 Senate Journal Page 1280 Renumber the following bill sections accordingly. Page 2, line 25: Delete "sec. 1" Insert "secs. 1 and 2" Senator Wagoner moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 93(JUD) Second Reading Amendment No. 1 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Taylor and so, Amendment No. 1 was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 93(JUD) am was read the third time. Senator Taylor moved that CS FOR SENATE BILL NO. 93(JUD) am be returned to the Rules Committee. Objections were heard. The question being: "Shall CS FOR SENATE BILL NO. 93(JUD) am be returned to the Rules Committee?" The roll was taken with the following result: 2003-05-09 Senate Journal Page 1281 CSSB 93(JUD) am Third Reading - Final Passage Return to Rules Committee? YEAS: 5 NAYS: 14 EXCUSED: 0 ABSENT: 1 Yeas: French, Green, Guess, Taylor, Wilken Nays: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Lincoln, Ogan, Seekins, Stevens B, Stevens G, Therriault, Wagoner Absent: Olson and so, the motion failed. The question being: "Shall CS FOR SENATE BILL NO. 93(JUD) am "An Act relating to limitations on actions to quiet title to, eject a person from, or recover real property or the possession of it; relating to adverse possession; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 93(JUD) am Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Dyson, French, Green, Ogan, Taylor and so, CS FOR SENATE BILL NO. 93(JUD) am passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ogan gave notice of reconsideration.