Legislature(2005 - 2006)
2005-05-05 House Journal
Full Journal pdf2005-05-05 House Journal Page 1616 SB 67 The following, which was advanced to third reading from the May 4, 2005, calendar (page 1559), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) "An Act relating to claims for personal injury or wrongful death against health care providers." Representative Weyhrauch moved and asked unanimous consent that HCS CSSB 67(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 2005-05-05 House Journal Page 1617 The Speaker stated that, without objection, HCS CSSB 67(FIN) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representatives Dahlstrom, LeDoux, Gara, Kott, and Weyhrauch: Page 2, line 5: Delete "Except as provided in (e) of this section, the" Insert "The" Page 2, line 9, following "injury": Insert ", unless the damages are awarded for severe permanent physical impairment or severe disfigurement, in which case the damages may not exceed $1,000,000" Page 2, lines 10 - 16: Delete all material. Reletter the following subsections accordingly. Representative Weyhrauch moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. **The presence of Representatives Kerttula and Thomas, who were excused (page 1605), was noted. Representative Coghill rose to a point of order. The Speaker cautioned members to confine remarks to the amendment. Representative Kelly placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2005-05-05 House Journal Page 1618 HCS CSSB 67(FIN) Second Reading Amendment No. 1 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, Moses, Salmon, Seaton, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives LeDoux and Weyhrauch: Page 3, line 3: Delete "initially filed" Insert "that initially accrue" Representative LeDoux moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) Second Reading Amendment No. 2 YEAS: 21 NAYS: 17 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, Seaton, Weyhrauch, Wilson 2005-05-05 House Journal Page 1619 Nays: Anderson, Chenault, Coghill, Elkins, Foster, Hawker, Holm, Kelly, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Samuels, Stoltze, Thomas Absent: Ramras, Salmon And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representatives Gara, LeDoux, Dahlstrom, and Kott: Page 2, following line 16: Insert a new subsection to read: "(f) The limitation on noneconomic damages in this section does not apply if the damages resulted from an act or omission that constitutes gross negligence or reckless or intentional misconduct." Reletter the following subsection accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kelly objected. Representative Weyhrauch placed a call of the House on the bill. The Speaker stated the call was satisfied. Representative McGuire moved and asked unanimous consent that she be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative McGuire was required to vote. Amendment No. 1 to Amendment No. 3 was offered by Representative McGuire: Following "that": Delete all material and insert: "rises to the level of conduct that constitutes punitive damages under AS 09.17.020." 2005-05-05 House Journal Page 1620 Representative McGuire moved and asked unanimous consent that Amendment No. 1 to Amendment No. 3 be adopted. Representative Berkowitz objected. Representative McGuire moved and asked unanimous consent to withdraw Amendment No. 1 to Amendment No. 3. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 3 was offered by Representative McGuire: Following "constitutes": Delete "gross negligence or" Representative McGuire moved and asked unanimous consent that Amendment No. 2 to Amendment No. 3 be adopted. There was objection. The question being: "Shall Amendment No. 2 to Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Second Reading Amendment No. 2 to Amendment No. 3 YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment No. 2 to Amendment No. 3 was adopted. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: 2005-05-05 House Journal Page 1621 HCS CSSB 67(FIN) am H Second Reading Amendment No. 3 as amended YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment No. 3 as amended was adopted. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Dahlstrom: Page 2, line 5: Delete "Except as provided in (e) of this section, the" Insert "The" Page 2, line 9, following "injury": Insert ", unless the damages are awarded for severe permanent physical impairment or severe disfigurement, in which case the damages may not exceed $750,000" Page 2, lines 10 - 16: Delete all material. Reletter the following subsections accordingly. Representative Dahlstrom moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: 2005-05-05 House Journal Page 1622 HCS CSSB 67(FIN) am H Second Reading Amendment No. 5 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Berkowitz: Page 1, lines 4 - 7: Delete all material. Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Second Reading Amendment No. 6 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kohring, LeDoux, Salmon 2005-05-05 House Journal Page 1623 Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Holm, Kelly, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representatives Berkowitz, Weyhrauch, Gara, and Kott: Page 2, line 15, following "impairment", through line 16: Delete all material and insert: "or disfigurement." Representative Berkowitz moved and asked unanimous consent that Amendment No. 7 be adopted. Representative McGuire objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Second Reading Amendment No. 7 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson And so, Amendment No. 7 was not adopted. HCS CSSB 67(FIN) am H was automatically in third reading. 2005-05-05 House Journal Page 1624 Representative Olson moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Olson was required to vote. The question being: "Shall HCS CSSB 67(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch And so, HCS CSSB 67(FIN) am H passed the House. Representative Gatto gave notice of reconsideration of the vote on HCS CSSB 67(FIN) am H.