Legislature(2005 - 2006)

2005-05-05 House Journal

Full Journal pdf

2005-05-05                     House Journal                      Page 1616
SB 67                                                                                             
The following, which was advanced to third reading from the May 4,                                  
2005, calendar (page 1559), was read the third time:                                                
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN)                                                    
     "An Act relating to claims for personal injury or wrongful death                               
     against health care providers."                                                                
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
HCS CSSB 67(FIN) be returned to second reading for the specific                                     
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    

2005-05-05                     House Journal                      Page 1617
The Speaker stated that, without objection, HCS CSSB 67(FIN) would                                  
be returned to second reading for all amendments.                                                   
                                                                                                    
Amendment No. 1 was offered by Representatives Dahlstrom,                                           
LeDoux, Gara, Kott, and Weyhrauch:                                                                  
                                                                                                    
Page 2, line 5:                                                                                     
 Delete "Except as provided in (e) of this section, the"                                            
 Insert "The"                                                                                       
                                                                                                    
Page 2, line 9, following "injury":                                                                 
 Insert ", unless the damages are awarded for severe permanent                                      
physical impairment or severe disfigurement, in which case the                                      
damages may not exceed $1,000,000"                                                                  
                                                                                                    
Page 2, lines 10 - 16:                                                                              
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
**The presence of Representatives Kerttula and Thomas, who were                                     
excused (page 1605), was noted.                                                                     
                                                                                                    
Representative Coghill rose to a point of order.                                                    
                                                                                                    
The Speaker cautioned members to confine remarks to the                                             
amendment.                                                                                          
                                                                                                    
Representative Kelly placed a call of the House.                                                    
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                

2005-05-05                     House Journal                      Page 1618
                                                                                                    
HCS CSSB 67(FIN)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kott,                                     
LeDoux, Lynn, Moses, Salmon, Seaton, Weyhrauch                                                      
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris,                                  
Hawker, Holm, Kelly, McGuire, Meyer, Neuman, Olson, Ramras,                                         
Rokeberg, Samuels, Stoltze, Thomas, Wilson                                                          
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered by Representatives LeDoux and                                           
Weyhrauch:                                                                                          
                                                                                                    
Page 3, line 3:                                                                                     
 Delete "initially filed"                                                                           
 Insert "that initially accrue"                                                                     
                                                                                                    
Representative LeDoux moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 67(FIN)                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  21   NAYS:  17   EXCUSED:  0   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, LeDoux, Lynn, Seaton, Weyhrauch, Wilson                                              
                                                                                                    

2005-05-05                     House Journal                      Page 1619
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Hawker, Holm,                                   
Kelly, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Samuels,                                     
Stoltze, Thomas                                                                                     
                                                                                                    
Absent:  Ramras, Salmon                                                                             
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Amendment No. 3 was offered by Representatives Gara, LeDoux,                                        
Dahlstrom, and Kott:                                                                                
                                                                                                    
Page 2, following line 16:                                                                          
 Insert a new subsection to read:                                                                   
      "(f)  The limitation on noneconomic damages in this section                                   
     does not apply if the damages resulted from an act or omission                                 
     that constitutes gross negligence or reckless or intentional                                   
     misconduct."                                                                                   
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
Representative Weyhrauch placed a call of the House on the bill.                                    
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
Representative McGuire moved and asked unanimous consent that she                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative McGuire was required to                                     
vote.                                                                                               
                                                                                                    
Amendment No. 1 to Amendment No. 3 was offered by                                                   
Representative McGuire:                                                                             
                                                                                                    
Following "that":                                                                                   
 Delete all material and insert:                                                                    
 "rises to the level of conduct that constitutes punitive damages                                   
under AS 09.17.020."                                                                                
                                                                                                    

2005-05-05                     House Journal                      Page 1620
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 1 to Amendment No. 3 be adopted.                                                      
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
Representative McGuire moved and asked unanimous consent to                                         
withdraw Amendment No. 1 to Amendment No. 3.  There being no                                        
objection, it was so ordered.                                                                       
                                                                                                    
Amendment No. 2 to Amendment No. 3 was offered by                                                   
Representative McGuire:                                                                             
                                                                                                    
Following "constitutes":                                                                            
 Delete "gross negligence or"                                                                       
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 2 to Amendment No. 3 be adopted.                                                      
                                                                                                    
There was objection.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 to Amendment No. 3                                      
be adopted?"  The roll was taken with the following result:                                         
                                                                                                    
HCS CSSB 67(FIN) am H                                                                               
Second Reading                                                                                      
Amendment No. 2 to Amendment No. 3                                                                  
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
And so, Amendment No. 2 to Amendment No. 3 was adopted.                                             
                                                                                                    
The question being:  "Shall Amendment No. 3 as amended be                                           
adopted?"  The roll was taken with the following result:                                            

2005-05-05                     House Journal                      Page 1621
                                                                                                    
HCS CSSB 67(FIN) am H                                                                               
Second Reading                                                                                      
Amendment No. 3 as amended                                                                          
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
And so, Amendment No. 3 as amended was adopted.                                                     
                                                                                                    
Amendment No. 4 was not offered.                                                                    
                                                                                                    
Amendment No. 5 was offered by Representative Dahlstrom:                                            
                                                                                                    
Page 2, line 5:                                                                                     
 Delete "Except as provided in (e) of this section, the"                                            
 Insert "The"                                                                                       
                                                                                                    
Page 2, line 9, following "injury":                                                                 
 Insert ", unless the damages are awarded for severe permanent                                      
physical impairment or severe disfigurement, in which case the                                      
damages may not exceed $750,000"                                                                    
                                                                                                    
Page 2, lines 10 - 16:                                                                              
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                

2005-05-05                     House Journal                      Page 1622
                                                                                                    
HCS CSSB 67(FIN) am H                                                                               
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn,                                
Salmon, Seaton, Weyhrauch                                                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris,                                  
Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman,                                        
Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson                                           
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 6 was offered by Representative Berkowitz:                                            
                                                                                                    
Page 1, lines 4 - 7:                                                                                
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 67(FIN) am H                                                                               
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  16   NAYS:  24   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kohring,                                   
LeDoux, Salmon                                                                                      
                                                                                                    

2005-05-05                     House Journal                      Page 1623
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris,                                  
Holm, Kelly, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                      
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 7 was offered by Representatives Berkowitz,                                           
Weyhrauch, Gara, and Kott:                                                                          
                                                                                                    
Page 2, line 15, following "impairment", through line 16:                                           
 Delete all material and insert:                                                                    
 "or disfigurement."                                                                                
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 7 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 67(FIN) am H                                                                               
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott,                                       
LeDoux, Lynn, Salmon, Weyhrauch                                                                     
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Harris, Hawker,                                 
Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson,                                         
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson                                          
                                                                                                    
And so, Amendment No. 7 was not adopted.                                                            
                                                                                                    
HCS CSSB 67(FIN) am H was automatically in third reading.                                           
                                                                                                    

2005-05-05                     House Journal                      Page 1624
Representative Olson moved and asked unanimous consent that he be                                   
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Olson was required to vote.                                 
                                                                                                    
The question being:  "Shall HCS CSSB 67(FIN) am H pass the                                          
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 67(FIN) am H                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  22   NAYS:  18   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris,                                  
Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman,                                        
Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson                                           
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn,                                
Salmon, Seaton, Weyhrauch                                                                           
                                                                                                    
And so, HCS CSSB 67(FIN) am H passed the House.                                                     
                                                                                                    
Representative Gatto gave notice of reconsideration of the vote on                                  
HCS CSSB 67(FIN) am H.