Legislature(2003 - 2004)
2003-04-24 House Journal
Full Journal pdf2003-04-24 House Journal Page 1095 HB 92 A motion was before the House to adopt the following: CS FOR HOUSE BILL NO. 92(JUD) "An Act relating to reports by members of the clergy who have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect." The Speaker ruled that the motion was procedural. Representative Berkowitz appealed the ruling of the Chair. The question being: "Shall the House sustain the ruling of the Chair?" The roll was taken with the following result: Sustain Ruling of the Chair YEAS: 28 NAYS: 10 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kerttula, Kookesh, Moses Excused: Joule Absent: Kapsner And so, the ruling of the Chair was sustained. 2003-04-24 House Journal Page 1096 The question being: "Shall the Judiciary Committee Substitute be adopted?" The roll was taken with the following result: HB 92 Second Reading Adopt Judiciary CS YEAS: 33 NAYS: 5 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Gruenberg, Kookesh, Moses Excused: Joule Absent: Kapsner And so, CSHB 92(JUD) was adopted. Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Rokeberg - from noon to 1:00 p.m., today Representative Williams - from noon to 1:00 p.m., today Amendment No. 1 was offered by Representative Seaton: Page 2, line 9: Delete all material. Insert a new paragraph to read: (9) clergy members, except as provided in AS 47.17.021 and except that, notwithstanding other provisions of this section or this chapter, a clergy member is not required to report a reasonable suspicion of harm to a child if the clergy member believes that the harm comes only from neglect. 2003-04-24 House Journal Page 1097 Page 2, lines 25 and 29: Delete "or neglect" Representative Seaton moved and asked unanimous consent that Amendment No. 1 be adopted. Representative McGuire objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 92(JUD) Second Reading Amendment No. 1 YEAS: 8 NAYS: 29 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Chenault, Cissna, Coghill, Fate, Holm, Seaton, Weyhrauch Nays: Berkowitz, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Stoltze, Whitaker, Wilson, Wolf Excused: Joule, Rokeberg, Williams Kapsner changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gruenberg: Page 2, line 12: Delete "(b)(1)" Insert "(b)" Page 2, lines 13 - 22: Delete all material. Insert "clergy member who acquires knowledge of or reasonable cause to suspect child abuse or neglect during a confidential communication made to the clergy member in that individual's 2003-04-24 House Journal Page 1098 professional character as spiritual advisor. A communication is confidential if made privately and not intended by the non-clergy person for further disclosure." Page 2, line 24: Delete "(1)" Page 2, lines 27 - 29: Delete "; or (2) prevent a clergy member from reporting known or suspected child abuse or neglect" Representative Gruenberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Croft objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 92(JUD) Second Reading Amendment No. 2 YEAS: 8 NAYS: 29 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Gruenberg, Holm, Kott, Seaton, Weyhrauch Nays: Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Stoltze, Whitaker, Wilson, Wolf Excused: Joule, Rokeberg, Williams And so, Amendment No. 2 was not adopted. **Representative Cissna, who had been previously excused from a call of the House (page 1078), left the Chamber. 2003-04-24 House Journal Page 1099 Amendment No. 3 was offered by Representative Berkowitz: Page 2, line 20: Delete "canon law or" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Lynn objected. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. New Amendment No. 3 was offered by Representative Berkowitz: Page 2, line 20: Delete "canon" Insert "religious" Representative Berkowitz moved and asked unanimous consent that New Amendment No. 3 be adopted. Representative Gara objected. Representative Berkowitz moved and asked unanimous consent to withdraw New Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was again offered by Representative Berkowitz: Page 2, line 20: Delete "canon law or" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Coghill objected. Representative Masek placed a call of the House and lifted the call. 2003-04-24 House Journal Page 1100 Representative Coghill withdrew the objection. There being no further objection, Amendment No. 3 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 92(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 92(JUD) am will advance to third reading on tomorrow's calendar.