Legislature(2003 - 2004)
2004-02-02 House Journal
Full Journal pdf2004-02-02 House Journal Page 2454 HB 374 The following was read the second time: HOUSE BILL NO. 374 "An Act establishing the SeniorCare program and relating to that program; and providing for an effective date." with the: Journal Page HES RPT 3DP 4NR 2319 FN1: (HSS); FN2: (HSS) 2320 FN3: (HSS); FN4: (HSS) 2320 FN5: (HSS) 2320 FIN RPT CS(FIN) NT 8DP 2NR 2406 FN6: (HSS); FN7: (HSS) 2407 FN8: (HSS); FN9: (HSS) 2407 FN10: (HSS) 2407 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. 374(FIN) "An Act establishing the senior care program and relating to that program; creating a new fund for the provision of senior services; relating to aid to senior citizens; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Cissna: 2004-02-02 House Journal Page 2455 Page 1, following line 4: 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: INTENT TO FUND LONGEVITY BONUS PROGRAM. It is the intent of the legislature to fund the longevity bonus program (AS 47.45) fully for fiscal year 2005." Page 1, line 5: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 4, following line 22: Insert a new subsection to read: "(o) An individual who receives a payment under AS 47.45 (longevity bonus program) may not receive cash assistance or prescription drug benefits under this section for the same fiscal year." Reletter the following subsection accordingly. Page 5, line 5: Delete "sec. 1" Insert "sec. 2" Page 5, line 23: Delete "sec. 2" Insert "sec. 3" Representative Cissna moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2004-02-02 House Journal Page 2456 CSHB 374(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 23 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kookesh, Lynn, Moses Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker, Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Excused: Heinze Absent: Anderson, Harris, Kerttula, Weyhrauch And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Kapsner: Page 2, lines 20 - 22, following "program.": Delete all material. Page 3, lines 22 - 25: Delete all material. Reletter the following subsections accordingly. Representative Kapsner moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hawker objected. Representative Berkowitz moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. There being no objection, Amendment No. 2 was divided. 2004-02-02 House Journal Page 2457 Amendment No. 2, Part A: Page 2, lines 20 - 22, following "program.": Delete all material. The question being: "Shall Amendment No. 2, Part A, be adopted?" The roll was taken with the following result: CSHB 374(FIN) Second Reading Amendment No. 2, Part A YEAS: 12 NAYS: 24 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Morgan Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Lynn, Masek, Meyer, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Heinze Absent: McGuire, Moses, Samuels And so, Amendment No. 2, Part A, was not adopted. Amendment No. 2, Part B: Page 3, lines 22 - 25: Delete all material. Reletter the following subsections accordingly. Representative Kapsner moved and asked unanimous consent to withdraw Amendment No. 2, Part B. There being no objection, it was so ordered. Amendment No. 3 was not offered. Amendment No. 4 was offered by Representative Cissna: 2004-02-02 House Journal Page 2458 Page 2, line 26: Delete "$1,600" Insert "$2,000" Page 3, line 2: Delete "$1,000" Insert "$1,500" Representative Cissna moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Wilson objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 374(FIN) Second Reading Amendment No. 4 YEAS: 14 NAYS: 22 EXCUSED: 1 ABSENT: 3 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Lynn, Weyhrauch Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Masek, Meyer, Morgan, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Excused: Heinze Absent: McGuire, Moses, Samuels And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Guttenberg: Page 2, line 19: Delete "$120" Insert "$150" 2004-02-02 House Journal Page 2459 Representative Guttenberg moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 374(FIN) Second Reading Amendment No. 5 YEAS: 13 NAYS: 23 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Lynn, Morgan Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Masek, Meyer, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Heinze Absent: McGuire, Moses, Samuels And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Cissna: Page 2, line 7, following "section;": Insert "however, for the purposes of determining eligibility under this subparagraph, each individual applicant shall be treated as if that individual were the only individual in the household;" Page 2, line 11, following "section;": Insert "however, for the purposes of determining eligibility under this subparagraph, each individual applicant shall be treated as if that individual were the only individual in the household;" Representative Cissna moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Hawker objected. 2004-02-02 House Journal Page 2460 The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 374(FIN) Second Reading Amendment No. 6 YEAS: 16 NAYS: 17 EXCUSED: 1 ABSENT: 6 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Morgan, Stoltze Nays: Anderson, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Holm, Kohring, McGuire, Meyer, Ogg, Seaton, Stepovich, Weyhrauch, Williams, Wilson Excused: Heinze Absent: Chenault, Masek, Moses, Rokeberg, Samuels, Wolf And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Berkowitz: Page 4, line 3: Delete "30" Insert "60" Representative Berkowitz moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Harris objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 374(FIN) Second Reading Amendment No. 7 YEAS: 18 NAYS: 19 EXCUSED: 1 ABSENT: 2 2004-02-02 House Journal Page 2461 Yeas: Anderson, Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Ogg, Samuels, Stoltze, Wilson Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Masek, Meyer, Morgan, Rokeberg, Seaton, Stepovich, Weyhrauch, Williams, Wolf Excused: Heinze Absent: Croft, Moses And so, Amendment No. 7 was not adopted. The Speaker stated that, without objection, the House would recess until 5:00 p.m.; and so, the House recessed at 12:46 p.m. HB 374 CSHB 374(FIN) was before the House in second reading. Amendment No. 8 was offered by Representative Gara: Page 3, line 27, following "facility.": Insert "For purposes of this subsection, an individual is not considered to be residing in a public institution or nursing facility if the individual is institutionalized for medical services for a period of less than three months and continues to maintain and provide for the expenses of the individual's home or living arrangement to which that individual may return upon discharge from the institution or facility." Representative Gara moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Coghill objected and withdrew the objection. There being no further objection, Amendment No. 8 was adopted. 2004-02-02 House Journal Page 2462 Amendment No. 9 was offered by Representative Gruenberg: Page 5, line 18, following "operational": Insert "at the same level" Representative Gruenberg moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. Representative Gruenberg moved and asked unanimous consent to withdraw Amendment No. 9. There being no objection, it was so ordered. Amendment No. 10 was not offered. Amendment No. 11 was offered by Representative Berkowitz: Page 4, lines 1 - 2: Delete "parent, spouse, sibling, grandchild, child, or stepchild" Insert "family member" Page 4, following line 27: Insert a new paragraph to read: "(4) "family member" means a person who is (A) legally related to the individual through marriage or guardianship; or (B) the individual's sibling, parent, grandparent, son, daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin." Renumber the following paragraphs accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Williams objected and withdrew the objection. There being no further objection, Amendment No. 11 was adopted. Amendment No. 12 was not offered. 2004-02-02 House Journal Page 2463 Amendment No. 13 was offered by Representatives Kerttula and Gara: Page 3, lines 26 - 27: Delete all material. Reletter the following subsections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Hawker objected. Representatives Kerttula and Harris moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSHB 374(FIN) am Second Reading Amendment No. 13 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Lynn, Moses Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Heinze Absent: Anderson And so, Amendment No. 13 was not adopted. Amendment No. 14 was not offered. 2004-02-02 House Journal Page 2464 Amendment No. 15 was offered by Representatives McGuire and Kott: Page 3, lines 17 - 18: Delete "The brand-name drug is" Page 3, lines 18 - 19, following "medically necessary": Delete "and the prescriber states the reason that the brand-name drug is medically necessary" Representative McGuire moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Williams objected. Representatives Rokeberg, Lynn, Ogg, and Gruenberg moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSHB 374(FIN) am Second Reading Amendment No. 15 YEAS: 24 NAYS: 14 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Berkowitz, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Wilson Nays: Chenault, Cissna, Coghill, Crawford, Croft, Foster, Hawker, Kohring, Masek, Seaton, Stoltze, Weyhrauch, Williams, Wolf Excused: Heinze Absent: Moses And so, Amendment No. 15 was adopted. 2004-02-02 House Journal Page 2465 Representative Coghill moved and asked unanimous consent that CSHB 374(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 374(FIN) am will advance to third reading on the February 4, 2004, calendar.