Legislature(2005 - 2006)

2005-04-05 House Journal

Full Journal pdf

2005-04-05                     House Journal                      Page 0868
HB 95                                                                                             
Representative Berkowitz brought up reconsideration of the vote on                                  
CSHB 95(RLS) (page 845).                                                                            
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 95(RLS)                                                                   
    "An Act relating to the duties of the Department of Health and                                  
    Social Services as those duties pertain to public health and public                             
    health emergencies and disasters; relating to medical treatment,                                
    information, isolation and quarantine for the prevention and                                    
    management of conditions of public health importance; relating to                               
    duties of the public defender and office of public advocacy                                     
    regarding public health emergencies and disasters; relating to                                  
    liability for actions arising from public health procedures; making                             
    conforming amendments; relating to the treatment and                                            
    transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65,                              
    72, and 77, Alaska Rules of Civil Procedure; and providing for an                               
    effective date."                                                                                
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 95(RLS) be returned to second reading for the specific purpose                                 
of considering an amendment.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Weyhrauch:                                            
                                                                                                    
Page 19, following line 3:                                                                          
 Insert new material to read:                                                                       
     "Sec. 18.15.393.  Report to legislature.  The department                                     
    shall annually report to the legislature the activities conducted by                            
    the department under AS 18.15.355 - 18.15.395, including                                        
    information pertaining to the number of individuals quarantined,                                
    the purpose for the quarantine, and the length of the quarantine."                              
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    

2005-04-05                     House Journal                      Page 0869
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 95(RLS) am be returned to second reading for the specific                                      
purpose of considering Amendment No. 3.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 3, line 5, following "state employee":                                                     
 Insert "or if the employee releases medical records or                                         
quarantines or isolates in intentional violation of AS 18.15.365 or                             
AS 18.15.385"                                                                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
                                                                                                    
Amendment to Amendment No. 3 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
Under Page 3, line 5:                                                                               
 Delete "releases medical records or"                                                           
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 3 be adopted.                                                            
                                                                                                    
Representative Gruenberg objected.                                                                  
                                                                                                    
Representative Gara moved and asked unanimous consent to withdraw                                   
Amendment to Amendment No. 3.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
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 Representatives Berkowitz,                                       
Gara, and McGuire:                                                                                  

2005-04-05                     House Journal                      Page 0870
Page 3, line 9:                                                                                     
 Insert a new paragraph to read:                                                                    
      "(4) except, if the employee quarantines or isolates a                                    
    person with gross negligence or in intentional violation of                                 
    AS 13.15.385, the state shall pay a penalty of $500 per day of                              
    the improper quarantine;"                                                                   
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that New                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Amendment No. 1 to New Amendment No. 3 was offered  by                                               
Representative Gruenberg:                                                                           
                                                                                                    
Under Page 3, line 9, following "pay":                                                          
 Insert "to the person who was quarantined or isolated"                                         
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 to New Amendment No. 3 be adopted.                                                  
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 to New Amendment No. 3 was adopted.                                                 
                                                                                                    
Amendment No. 2 to New Amendment No. 3 as amended was offered                                       
by Representative Gatto:                                                                            
                                                                                                    
Under Page 3, line 9, following "penalty":                                                      
 Delete "of"                                                                                    
 Insert "up to"                                                                                 
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 2 to New Amendment No. 3 as amended be adopted.                                       
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 2 to New Amendment                                        
No. 3 as amended be adopted?"  The roll was taken with the following                                
result:                                                                                             

2005-04-05                     House Journal                      Page 0871
                                                                                                    
CSHB 95(RLS) am--RECONSIDERATION                                                                    
Second Reading                                                                                      
Amendment No. 2 to New Amendment No. 3 as amended                                                   
                                                                                                    
YEAS:  11   NAYS:  25   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Dahlstrom, Gatto, Hawker, Kohring,                                       
Lynn, McGuire, Meyer, Olson, Rokeberg                                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Elkins, Foster,                                 
Gara, Gardner, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner,                                 
Kelly, Kott, LeDoux, Moses, Neuman, Salmon, Stoltze, Thomas,                                        
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Ramras, Samuels, Seaton                                                                    
                                                                                                    
And so, Amendment No. 2 to New Amendment No. 3 as amended was                                       
not adopted.                                                                                        
                                                                                                    
The question being:  "Shall New Amendment No. 3 as amended be                                       
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 95(RLS) am--RECONSIDERATION                                                                    
Second Reading                                                                                      
New Amendment No. 3 as amended                                                                      
                                                                                                    
YEAS:  29   NAYS:  7   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg,                                     
Harris, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire,                                   
Meyer, Moses, Neuman, Salmon, Stoltze, Thomas, Wilson                                               
                                                                                                    
Nays:  Foster, Gatto, Hawker, Kohring, Olson, Rokeberg, Weyhrauch                                   
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Ramras, Samuels, Seaton                                                                    
                                                                                                    
And so, New Amendment No. 3 as amended was adopted.                                                 
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
CSHB 95(RLS) am be returned to second reading for the specific                                      

2005-04-05                     House Journal                      Page 0872
purpose of considering Amendment No. 4.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Gruenberg,                                           
Samuels, and McGuire:                                                                               
                                                                                                    
Page 9, following line 26:                                                                          
 Insert a new subsection to read:                                                                   
     "(d)  A person who intentionally discloses identifiable health                                 
    information in violation of this section or a regulation adopted                                
    under this section is guilty of a class A misdemeanor.  In this                                 
    subsection, "intentionally" has the meaning given in                                            
    AS 11.81.900(a)."                                                                               
                                                                                                    
Page 17, following line 2:                                                                          
 Insert a new subsection to read:                                                                   
     "(o)  A person who intentionally violates this section or a                                    
    regulation adopted under this section is guilty of a class A                                    
    misdemeanor.  In this subsection, "intentionally" has the meaning                               
    given in AS 11.81.900(a)."                                                                      
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 4 was adopted.                                                                        
                                                                                                    
                                                                                                    
CSHB 95(RLS) am was automatically in third reading.                                                 
                                                                                                    
The question to be reconsidered:  "Shall CSHB 95(RLS) am pass the                                   
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 95(RLS) am--RECONSIDERATION                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    

2005-04-05                     House Journal                      Page 0873
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kohring, Kott,                                      
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg,                                       
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Croft, Kapsner, Ramras                                                                     
                                                                                                    
And so, CSHB 95(RLS) am passed the House on reconsideration.                                        
                                                                                                    
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.                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
court rule changes.  There being no objection, it was so ordered.                                   
                                                                                                    
CSHB 95(RLS) am was referred to the Chief Clerk for engrossment.