Legislature(2003 - 2004)

2004-02-02 House Journal

Full Journal pdf

2004-02-02                     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.