Legislature(2007 - 2008)

2008-03-25 House Journal

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2008-03-25                     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.