Legislature(2005 - 2006)
2005-04-05 House Journal
Full Journal pdf2005-04-05 House Journal Page 0868 HB 95 Representative Berkowitz brought up reconsideration of the vote on CSHB 95(RLS) (page 845). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 95(RLS) "An Act relating to the duties of the Department of Health and Social Services as those duties pertain to public health and public health emergencies and disasters; relating to medical treatment, information, isolation and quarantine for the prevention and management of conditions of public health importance; relating to duties of the public defender and office of public advocacy regarding public health emergencies and disasters; relating to liability for actions arising from public health procedures; making conforming amendments; relating to the treatment and transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72, and 77, Alaska Rules of Civil Procedure; and providing for an effective date." Representative Berkowitz moved and asked unanimous consent that CSHB 95(RLS) be returned to second reading for the specific purpose of considering an amendment. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Weyhrauch: Page 19, following line 3: Insert new material to read: "Sec. 18.15.393. Report to legislature. The department shall annually report to the legislature the activities conducted by the department under AS 18.15.355 - 18.15.395, including information pertaining to the number of individuals quarantined, the purpose for the quarantine, and the length of the quarantine." Representative Weyhrauch moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. 2005-04-05 House Journal Page 0869 Representative Berkowitz moved and asked unanimous consent that CSHB 95(RLS) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Berkowitz: Page 3, line 5, following "state employee": Insert "or if the employee releases medical records or quarantines or isolates in intentional violation of AS 18.15.365 or AS 18.15.385" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative McGuire objected. Amendment to Amendment No. 3 was offered by Representative Gara: Under Page 3, line 5: Delete "releases medical records or" Representative Gara moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. Representative Gruenberg objected. Representative Gara moved and asked unanimous consent to withdraw Amendment to Amendment No. 3. There being no objection, it was so ordered. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. New Amendment No. 3 was offered by Representatives Berkowitz, Gara, and McGuire: 2005-04-05 House Journal Page 0870 Page 3, line 9: Insert a new paragraph to read: "(4) except, if the employee quarantines or isolates a person with gross negligence or in intentional violation of AS 13.15.385, the state shall pay a penalty of $500 per day of the improper quarantine;" Renumber the following paragraphs accordingly. Representative Gara moved and asked unanimous consent that New Amendment No. 3 be adopted. Objection was heard. Amendment No. 1 to New Amendment No. 3 was offered by Representative Gruenberg: Under Page 3, line 9, following "pay": Insert "to the person who was quarantined or isolated" Representative Gruenberg moved and asked unanimous consent that Amendment No. 1 to New Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 to New Amendment No. 3 was adopted. Amendment No. 2 to New Amendment No. 3 as amended was offered by Representative Gatto: Under Page 3, line 9, following "penalty": Delete "of" Insert "up to" Representative Gatto moved and asked unanimous consent that Amendment No. 2 to New Amendment No. 3 as amended be adopted. Representative Croft objected. The question being: "Shall Amendment No. 2 to New Amendment No. 3 as amended be adopted?" The roll was taken with the following result: 2005-04-05 House Journal Page 0871 CSHB 95(RLS) am--RECONSIDERATION Second Reading Amendment No. 2 to New Amendment No. 3 as amended YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Anderson, Chenault, Dahlstrom, Gatto, Hawker, Kohring, Lynn, McGuire, Meyer, Olson, Rokeberg Nays: Berkowitz, Cissna, Coghill, Crawford, Croft, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Moses, Neuman, Salmon, Stoltze, Thomas, Weyhrauch, Wilson Excused: Kerttula Absent: Ramras, Samuels, Seaton And so, Amendment No. 2 to New Amendment No. 3 as amended was not adopted. The question being: "Shall New Amendment No. 3 as amended be adopted?" The roll was taken with the following result: CSHB 95(RLS) am--RECONSIDERATION Second Reading New Amendment No. 3 as amended YEAS: 29 NAYS: 7 EXCUSED: 1 ABSENT: 3 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Salmon, Stoltze, Thomas, Wilson Nays: Foster, Gatto, Hawker, Kohring, Olson, Rokeberg, Weyhrauch Excused: Kerttula Absent: Ramras, Samuels, Seaton And so, New Amendment No. 3 as amended was adopted. Representative Gruenberg moved and asked unanimous consent that CSHB 95(RLS) am be returned to second reading for the specific 2005-04-05 House Journal Page 0872 purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 was offered by Representatives Gruenberg, Samuels, and McGuire: Page 9, following line 26: Insert a new subsection to read: "(d) A person who intentionally discloses identifiable health information in violation of this section or a regulation adopted under this section is guilty of a class A misdemeanor. In this subsection, "intentionally" has the meaning given in AS 11.81.900(a)." Page 17, following line 2: Insert a new subsection to read: "(o) A person who intentionally violates this section or a regulation adopted under this section is guilty of a class A misdemeanor. In this subsection, "intentionally" has the meaning given in AS 11.81.900(a)." Representative Gruenberg moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 4 was adopted. CSHB 95(RLS) am was automatically in third reading. The question to be reconsidered: "Shall CSHB 95(RLS) am pass the House?" The roll was taken with the following result: CSHB 95(RLS) am--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 2005-04-05 House Journal Page 0873 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Kerttula Absent: Croft, Kapsner, Ramras And so, CSHB 95(RLS) am passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. CSHB 95(RLS) am was referred to the Chief Clerk for engrossment.