Legislature(2009 - 2010)
2010-04-15 House Journal
Full Journal pdf2010-04-15 House Journal Page 2342 HJR 35 The following, which was advanced to third reading from the April 14, 2010, calendar (page 2287), was read the third time: HOUSE JOINT RESOLUTION NO. 35 Proposing amendments to the Constitution of the State of Alaska prohibiting passage of laws that interfere with direct payments for health care services and the right to purchase health care insurance from a privately owned company, and that compel a person to participate in a health care system. Representative Gara moved and asked unanimous consent that HJR 35 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gara, Crawford, and Gardner: 2010-04-15 House Journal Page 2343 Page 1, lines 1 - 4 (title amendment): Delete all material and insert: "Proposing amendments to the Constitution of the State of Alaska to ensure seniors have access to medical providers, to take advantage of federal legislation that authorizes a grant program consistent with that purpose, and requiring the establishment of a state grant program for care of seniors." Page 1, line 6, through page 2, line 5: Delete all material and insert: "* Section 1. Article VII, sec. 4, Constitution of the State of Alaska, is amended to read: Section 4. Public Health. (a) The legislature shall provide for the promotion and protection of public health. * Sec. 2. Article VII, sec. 4,Constitution of the State of Alaska, is amended by adding new subsections to read: (b) The State shall take action to ensure that seniors entitled to Medicare coverage have access to medical providers. To carry out this provision, the State shall take advantage of legislation passed by the United States Congress in 2010 that allows the State to pass a medical care grant program to help ensure medical providers will treat the State's senior citizens. (c) The governor shall establish a program to assist in the provision of primary medical care for residents of the State who are 65 years of age or older as follows: (1) subject to the availability of funding, the State shall award grant funding to an eligible health care provider in an amount determined and rules adopted by the governor; (2) the program shall be consistent with federal law and include (A) an application and award procedure; (B) eligibility standards that include the lack of availability of reasonable compensation for services; (C) adequate proof that a grant is necessary to enable the applicant to provide primary care services to seniors; (D) a priority for the award of a grant to a health care provider located in an area in which other health care providers have refused to treat patients who are 65 years of age or older and that serves a high percentage of medically underserved populations as determined by the commissioner 2010-04-15 House Journal Page 2344 responsible for health and social services; (E) other requirements necessary to carry out the program. (d) The governor may not award a grant under this section for the provision of primary medical care services to a person who has public or private insurance coverage that adequately compensates an applicant for the provision of those services. (e) To the extent permitted by law, the governor may enter into agreements with and shall consult with the experts in health and social services in implementing this section." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HJR 35 Second Reading Amendment No. 1 YEAS: 15 NAYS: 23 EXCUSED: 0 ABSENT: 2 Yeas: Buch, Cissna, Crawford, Doogan, N.Foster, Gara, Gardner, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Petersen, Salmon, Tuck Nays: Austerman, Chenault, Dahlstrom, Edgmon, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, P.Wilson, T.Wilson Absent: Herron, Joule And so, Amendment No. 1 was not adopted. HJR 35 was automatically in third reading. Representative Harris placed a call of the House. The call was satisfied. 2010-04-15 House Journal Page 2345 The question being: "Shall HJR 35 pass the House?" The roll was taken with the following result: HJR 35 Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Buch, Chenault, Dahlstrom, Fairclough, Gatto, Harris, Hawker, Johansen, Johnson, Keller, Kelly, Lynn, Millett, Munoz, Neuman, Olson, Ramras, Stoltze, Thomas, P.Wilson, T.Wilson Nays: Cissna, Crawford, Doogan, Edgmon, N.Foster, Gara, Gardner, Gruenberg, Guttenberg, Herron, Holmes, Joule, Kawasaki, Kerttula, Petersen, Salmon, Seaton, Tuck And so, lacking the required 27 votes, HJR 35 failed to pass the House. HJR 35(fld H) was referred to the Chief Clerk for engrossment.