Legislature(2005 - 2006)
2005-05-06 House Journal
Full Journal pdf2005-05-06 House Journal Page 1659 SB 67 Representative Kelly brought up reconsideration of the vote on HCS CSSB 67 (FIN) am H (page 1624). 2005-05-06 House Journal Page 1660 The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) am H "An Act relating to claims for personal injury or wrongful death against health care providers." Representative Kelly placed a call of the House on the bill. The Speaker stated the call was satisfied. Representative Gatto moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 8. There being no objection, it was so ordered. Amendment No. 8 was offered by Representative Gatto: Page 2, line 5: Delete "Except as provided in (e) of this section, the" Insert "The" Page 2, line 7: Delete "single injury may not exceed $250,000" Insert "single injury or death may not exceed $350,000" Page 2, lines 10 - 16: Delete all material. Reletter the following subsections accordingly. Representative Gatto moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: 2005-05-06 House Journal Page 1661 HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Amendment No. 8 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Croft, Dahlstrom, Gara, Gardner, Gatto, Joule, Kapsner, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch Nays: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Elkins, Foster, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 8 was not adopted. Representative Dahlstrom moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 1 (page 1617). There being no objection, it was so ordered. Representative Dahlstrom moved and asked unanimous consent that the House rescind previous action in failing to adopt Amendment No. 1. Representative Kelly objected. The question being: "Shall the House rescind previous action in failing to adopt Amendment No. 1?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Rescind Previous Action/Amendment No. 1 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch 2005-05-06 House Journal Page 1662 Nays: Anderson, Chenault, Coghill, Elkins, Foster, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, the motion failed. Representative LeDoux moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 9. There being no objection, it was so ordered. Amendment No. 9 was offered by Representatives LeDoux, Lynn, and Gruenberg: Page 2, following line 30: Insert a new bill section to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT TO THE LEGISLATURE. The Division of Insurance shall issue a report to the legislature that addresses the impact of this Act on medical malpractice insurance availability and affordability not later than December 1, 2009." Renumber the following bill sections accordingly. Representative LeDoux moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Amendment No. 9 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 2005-05-06 House Journal Page 1663 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 9 was not adopted. Representative Coghill moved and asked unanimous consent that Representatives Joule and Weyhrauch be excused to 1:00 p.m., today. There being no objection, it was so ordered. Representative Berkowitz moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 10. There being no objection, it was so ordered. Amendment No. 10 was offered by Representative Berkowitz: Page 2, following line 30: Insert a new subsection read: "(h) The provisions of this bill shall sunset on January 1, 2010, unless the Alaska Division of Insurance determines this legislation has made medical malpractice insurance more affordable, or more widely available. The Division shall prepare a report addressing these issues by December 1, 2010, and that report shall address and answer each of the following questions: (1) Have any of the provisions of Senate Bill 67 had an impact making medical malpractice insurance more affordable than it would have been without this legislation? (2) Have any of the provisions of Senate Bill 67 had an impact making medical malpractice insurance more widely available than it would have been without this legislation?" Reletter the following subsections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 10 be adopted. 2005-05-06 House Journal Page 1664 Representative Kelly objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Amendment No. 10 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Kapsner, Kerttula, LeDoux, Lynn, Salmon, Seaton Nays: Anderson, Chenault, Coghill, Elkins, Foster, Harris, Hawker, Holm, Kelly, Kohring, Kott, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson Excused: Joule, Weyhrauch And so, Amendment No. 10 was not adopted. HCS CSSB 67(FIN) am H was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 67 (FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 16 EXCUSED: 2 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, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton 2005-05-06 House Journal Page 1665 Excused: Joule, Weyhrauch And so, HCS CSSB 67 (FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment.