Legislature(2001 - 2002)

2002-05-15 Senate Journal

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2002-05-15                     Senate Journal                      Page 3585
HB 246                                                                                            
The question being: "Shall the Senate return to second reading for the                              
purpose of rescinding its previous action in adopting Amendment No.                                 
1?" The roll was taken with the following result:                                                   
                                                                                                    
SCS CSHB 246(JUD) am S                                                                              
Third Reading - On Reconsideration                                                                  
Return to Second to Rescind Previous Action                                                         
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Green, Halford, Hoffman, Kelly,                                   
Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault,                                       
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Donley, Ellis, Elton                                                                         
                                                                                                    
and so, the bill was returned to second reading.                                                    
                                                                                                    
Senator Phillips moved that the Senate rescind its previous action in                               
adopting amendment No. 1.                                                                           
                                                                                                    
The question being: "Shall the Senate rescind its previous action?" The                             
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3586
                                                                                                    
SCS CSHB 246(JUD) am S                                                                              
Rescind Previous Action in                                                                          
adopting Amendment No. 1?                                                                           
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Green, Halford, Hoffman, Kelly, Leman,                                     
Lincoln, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward,                             
Wilken                                                                                              
                                                                                                    
Nays:  Cowdery, Donley, Ellis, Elton                                                                
                                                                                                    
and so, the Senate rescinded its previous action.                                                   
                                                                                                    
Amendment No. 1 was before the Senate.                                                              
                                                                                                    
Senator Taylor moved and asked unanimous consent for the adoption                                   
of the following amendment to Amendment No. 1:                                                      
                                                                                                    
Page 37, following line 8, replace existing sec. 60(i) with the                                     
following:                                                                                          
                                                                                                    
  "Sec. 60. AS 21.89.020 is amended by adding a new subsection to                                 
read:                                                                                               
                                                                                                    
 (i) An insurance company offering automobile liability insurance                                   
in this state for personal injury or destruction of property shall initially                        
offer, in writing, to cover the insured person against medical expenses                             
as a result of bodily injury or death resulting from the operation of a                             
motor vehicle. An insured who declines coverage offered under this                                  
subsection shall, at the initial offer, sign a waiver of coverage. Nothing                          
in this subsection affects coverage required to be offered under another                            
provision of law."                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 37, following line 14:                                                                         
 Insert a new bill section to read:                                                                 
  "* Sec. 62. Section 51 of this Act takes effect July 1, 2003."                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2002-05-15                     Senate Journal                      Page 3587
Page 37, line 15:                                                                                   
 Delete "This"                                                                                      
 Insert  "Except as provided in sec. 62 of this Act, this"                                          
                                                                                                    
Objections were heard.                                                                              
                                                                                                    
Senator Taylor withdrew his amendment to Amendment No. 1.                                           
                                                                                                    
Senator Donley moved and asked unanimous consent for the adoption                                   
of the following amendment to Amendment No. 1:                                                      
                                                                                                    
In sec. 60:                                                                                         
 Delete "(i)" and replace with the following:                                                       
       "(i) An insurance company offering automobile liability                                      
      insurance in this state for personal injury or destruction of                                 
      property shall initially offer, in writing, to cover the insured                              
      person against medical expenses as a result of bodily injury or                               
      death resulting from the operation of a motor vehicle. An insured                             
      who declines coverage offered under this subsection shall, at the                             
      initial offer, sign a waiver of coverage. Nothing in this subsection                          
      affects coverage required to be offered under another provision of                            
      law."                                                                                         
                                                                                                    
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall the amendment to Amendment No. 1 be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
SCS CSHB 246(JUD) am S                                                                              
Second Reading                                                                                      
Amendment to Amendment No. 1                                                                        
                                                                                                    
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Austerman, Donley, Ellis, Elton, Kelly, Taylor, Therriault,                                  
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Cowdery, Davis, Green, Halford, Hoffman, Leman, Lincoln,                                     
Olson, Phillips, Stevens                                                                            
                                                                                                    
and so, the amendment to Amendment No. 1 failed.                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3588
Senator Donley moved and asked unanimous consent to withdraw                                        
Amendment No. 1. Without objection, it was so ordered.                                              
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 246(JUD) was                                                    
automatically in third reading on reconsideration.                                                  
                                                                                                    
Senator Taylor moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 3.                                    
Senator Green objected.                                                                             
                                                                                                    
The question being: "Shall the bill be returned to second reading for                               
the purpose of a specific amendment?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
SCS CSHB 246(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
Return to Second for Specific Amendment                                                             
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Donley, Kelly, Stevens, Taylor, Therriault, Ward, Wilken                                     
                                                                                                    
Nays:  Austerman, Cowdery, Davis, Ellis, Elton, Green, Halford,                                     
Hoffman, Leman, Lincoln, Olson, Phillips, Torgerson                                                 
                                                                                                    
and so, the bill was not returned to second reading.                                                
                                                                                                    
Senator Taylor moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 4.                                    
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the bill be returned to second reading for                               
the purpose of a specific amendment?" The roll was taken with the                                   
following result:                                                                                   
                                                                                                    
SCS CSHB 246(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
Return to Second for Specific Amendment                                                             
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-15                     Senate Journal                      Page 3589
Yeas:  Cowdery, Donley, Green, Kelly, Taylor, Therriault, Wilken                                    
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Halford, Hoffman, Leman,                                     
Lincoln, Olson, Phillips, Stevens, Torgerson, Ward                                                  
                                                                                                    
and so, the bill was not returned to second reading.                                                
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 246(JUD) "An Act relating to regulation of a                                         
person providing insurance for the cost of medical care, to                                         
confidentiality of insurance records, to insurance hearings, to                                     
insurance fees, to annual and quarterly statements by insurers, to                                  
managed care insurance, to taxes on insurance, to insurer certificates                              
of authority, to risk based capital for insurers, to unauthorized and                               
nonadmitted insurers, to surplus lines insurance, to health insurance, to                           
life insurance, to annuity insurance, to consumer credit insurance, to                              
insurer liquidation, to multiple employer welfare arrangements, to title                            
insurance, to the Alaska Insurance Guaranty Association, to hospital                                
and medical service corporations, and to regulation of insurance                                    
producers, agents, brokers, managers, and adjusters; and providing for                              
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 246(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Phillips, Stevens, Taylor,                                 
Torgerson, Ward                                                                                     
                                                                                                    
Nays:  Kelly, Therriault, Wilken                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 246(JUD)                                                
passed the Senate on reconsideration.                                                               
                                                                                                    
Senator Leman 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 and the bill was referred                              
to the Secretary for engrossment.