Legislature(2007 - 2008)
2008-03-25 House Journal
Full Journal pdf2008-03-25 House Journal Page 2416 HB 301 The following, which was held from the March 20, 2008, calendar (page 2386), was again before the House in third reading: HOUSE BILL NO. 301 "An Act relating to partial-birth abortions." Representative LeDoux moved and asked unanimous consent that HB 301 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 2008-03-25 House Journal Page 2417 The Speaker stated that, without objection, HB 301 would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative LeDoux: Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 18.16.050(a) is amended to read: (a) Notwithstanding compliance with AS 18.16.010, a person may not knowingly perform a partial-birth abortion unless a partial-birth abortion is necessary to protect the physical health or save the life of a mother whose physical health or life is endangered by a physical disorder, illness, or injury and no other medical procedure would suffice for that purpose. Violation of this subsection is a class C felony." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Representative LeDoux moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Keller objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 301 Second Reading Amendment No. 1 YEAS: 15 NAYS: 21 EXCUSED: 4 ABSENT: 0 Yeas: Cissna, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Kerttula, LeDoux, Salmon, Seaton Nays: Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Stoltze, Thomas, Wilson 2008-03-25 House Journal Page 2418 Excused: Buch, Crawford, Foster, Nelson And so, Amendment No. 1 was not adopted. Amendment No. 3 was offered by Representative Seaton: Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 18.16.050(a) is amended to read: (a) Notwithstanding compliance with AS 18.16.010, a person may not knowingly perform a partial-birth abortion during the second trimester or later in a pregnancy unless a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury and no other medical procedure would suffice for that purpose. Violation of this subsection is a class C felony." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Representative Seaton moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Keller objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HB 301 Second Reading Amendment No. 3 YEAS: 15 NAYS: 21 EXCUSED: 4 ABSENT: 0 Yeas: Cissna, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Kerttula, LeDoux, Salmon, Seaton Nays: Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Stoltze, Thomas, Wilson 2008-03-25 House Journal Page 2419 Excused: Buch, Crawford, Foster, Nelson And so, Amendment No. 3 was not adopted. Amendment No. 4 (title amendment) was offered by Representative Gara: Page 1, line 1, following "partial-birth abortions": Insert "and also first trimester abortions" Representative Gara moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Ramras objected. Representative Gara moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Gruenberg: Page 1, following line 2: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE FINDINGS. The legislature finds, for purposes of this Act, that (1) AS 18.16.050 has been held by one Alaska Superior Court to violate fundamental constitutional rights under the Constitution of the State of Alaska; (2) the constitutionality of AS 18.16.050 has never been determined under the Constitution of the State of Alaska by the Alaska Supreme Court; (3) expedited consideration of any case challenging AS 18.16.050, as amended by sec. 2 of this Act, is necessary to determine whether the statute is constitutional under the Constitution of the State of Alaska." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" 2008-03-25 House Journal Page 2420 Renumber the following bill section accordingly. Page 2, following line 4: Insert new bill sections to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: EXPEDITED CONSIDERATION BY COURT. The Alaska Supreme Court and the Alaska Superior Court shall provide expedited consideration at both the trial and appellate levels of any judicial proceedings involving the constitutionality of AS 18.16.050, as amended by sec. 2 of this Act." Representative Gruenberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Coghill objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 301 Second Reading Amendment No. 2 YEAS: 14 NAYS: 22 EXCUSED: 4 ABSENT: 0 Yeas: Cissna, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Kerttula, LeDoux, Salmon Nays: Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Buch, Crawford, Foster, Nelson And so, Amendment No. 2 was not adopted. HB 301 was automatically in third reading. The question being: "Shall HB 301 pass the House?" The roll was taken with the following result: 2008-03-25 House Journal Page 2421 HB 301 Third Reading Final Passage YEAS: 21 NAYS: 15 EXCUSED: 4 ABSENT: 0 Yeas: Chenault, Coghill, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Roses, Samuels, Stoltze, Thomas, Wilson Nays: Cissna, Doll, Doogan, Edgmon, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Joule, Kawasaki, Kerttula, LeDoux, Salmon, Seaton Excused: Buch, Crawford, Foster, Nelson And so, HB 301 passed the House. Representative Dahlstrom gave notice of reconsideration of the vote on HB 301. Representative Dahlstrom moved and asked unanimous consent that reconsideration of HB 301 be taken up on the same day. Representative Kerttula objected. Representative Dahlstrom placed a call of the House and lifted the call. Representative Dahlstrom moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered.