Legislature(2005 - 2006)

2005-04-04 House Journal

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2005-04-04                     House Journal                      Page 0841
HB 95                                                                                             
The following was read the second time:                                                             
                                                                                                    

2005-04-04                     House Journal                      Page 0842
    HOUSE BILL NO. 95                                                                               
    "An Act relating to public health and public health emergencies                                 
    and disasters; relating to duties of the public defender and office                             
    of public advocacy regarding public health matters; relating to                                 
    certain claims for public health matters; making conforming                                     
    amendments; and providing for an effective date."                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT CS(HES) NT 2DP 2NR 1AM                                      285                            
 FN1: ZERO(HSS)                                                      286                            
 JUD RPT CS(JUD) NT 1DP 6NR                                          561                            
 FN1: ZERO(HSS)                                                      562                            
 RLS RPT CS(RLS) NT 3DP 2NR 1AM                                      793                            
 FN1: ZERO(HSS)                                                      794                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    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."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representative Gara:                                                 
                                                                                                    

2005-04-04                     House Journal                      Page 0843
Page 3, line 5, following "state employee":                                                     
                                                                                                    
 Insert "or if the employee releases medical records or                                         
quarantines or isolates in knowing violation of AS 18.15.362, AS                                
18.15.365 or AS 18.15.385"                                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered by Representative                                          
Gara:                                                                                               
                                                                                                    
    Delete "AS 18.15.362,"                                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, Amendment to Amendment No. 1 was adopted.                                                
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 95(RLS)                                                                                        
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  15   NAYS:  21   EXCUSED:  2   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner,                                   
Gruenberg, Guttenberg, Joule, Kapsner, Kott, LeDoux, Salmon,                                        
Weyhrauch                                                                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris,                               
Hawker, Holm, Kelly, Lynn, McGuire, Meyer, Neuman, Olson,                                           
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson                                                  
                                                                                                    
Excused:  Kerttula, Kohring                                                                         
                                                                                                    
Absent:  Moses, Ramras                                                                              
                                                                                                    
And so, Amendment No. 1 as amended was not adopted.                                                 
                                                                                                    

2005-04-04                     House Journal                      Page 0844
Representative Coghill moved and asked unanimous consent that                                       
CSHB 95(RLS) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 95(RLS) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 95(RLS) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 95(RLS)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  5   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Dahlstrom, Elkins,                                      
Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Kapsner,                                   
Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                           
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Nays:  Berkowitz, Crawford, Croft, Gara, Guttenberg                                                 
                                                                                                    
Excused:  Kerttula, Kohring                                                                         
                                                                                                    
Absent:  Joule, Moses                                                                               
                                                                                                    
And so, CSHB 95(RLS) 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.                                
                                                                                                    
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.                                                                                 
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
Representative Coghill placed a call of the House and lifted the call.                              
                                                                                                    
The question being:  "Shall the court rule changes be adopted?"  The                                
roll was taken with the following result:                                                           

2005-04-04                     House Journal                      Page 0845
                                                                                                    
CSHB 95(RLS)                                                                                        
Third Reading                                                                                       
Court Rules                                                                                         
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  2   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Dahlstrom,                                   
Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Holm, Kapsner, Kott, LeDoux, Lynn, McGuire, Meyer,                                          
Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Nays:  Crawford                                                                                     
                                                                                                    
Excused:  Kerttula, Kohring                                                                         
                                                                                                    
Absent:  Croft, Gara, Joule, Kelly                                                                  
                                                                                                    
And so, the court rule changes were adopted.                                                        
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on CSHB 95(RLS).