Legislature(2023 - 2024)

2024-05-13 House Journal

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2024-05-13                     House Journal                      Page 3117
SB 134                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     CS FOR SENATE BILL NO. 134(JUD)                                                                                            
     "An Act relating to insurance; relating to insurance data security;                                                        
     relating to mammograms; amending Rule 26, Alaska Rules of                                                                  
     Civil Procedure, and Rules 402 and 501, Alaska Rules of                                                                    
     Evidence; and providing for an effective date."                                                                            
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 JUD RPT HCS(JUD) 3DP 1NR 2AM 2683                                                                                              
 FN1: ZERO(CED) 2683                                                                                                            
 FN2: ZERO(CED) 2683                                                                                                            
                                                                                                                                
Representative Saddler moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 134(JUD)                                                                               
     (same title)                                                                                                               
                                                                                                                                
Representative Eastman objected.                                                                                                
                                                                                                                                
The question being:  "Shall HCS CSSB 134(JUD) be adopted?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                

2024-05-13                     House Journal                      Page 3118
CSSB 134(JUD)                                                                                                                   
Second Reading                                                                                                                  
Adopt Judiciary HCS                                                                                                             
                                                                                                                                
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk,                                                                   
Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                                     
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
Nays:  Eastman                                                                                                                  
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, HCS CSSB 134(JUD) was adopted.                                                                                          
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 15, line 17, following "would":                                                                                            
     Insert "likely"                                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Stapp objected.                                                                                                  
                                                                                                                                
Representative Stapp moved and asked unanimous consent to set an                                                                
amendment deadline of 5:54 p.m., today for HCS CSSB 134(JUD).                                                                   
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
it was so ordered.                                                                                                              
                                                                                                                                
Representative D. Johnson placed a call of the House for                                                                        
HCS CSSB 134(JUD).                                                                                                              
                                                                                                                                
The call was satisfied.                                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3119
HCS CSSB 134(JUD)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  38   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                
Nays:  Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk,                                                                   
Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                                     
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 14, line 22:                                                                                                               
     Delete the second occurrence of "or"                                                                                       
                                                                                                                                
Page 14, line 25, following "destroyed;":                                                                                       
     Insert "or                                                                                                                 
                       (iii)  an event caused by the willful action of an                                                       
              employee or contractor of the licensee;"                                                                          
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Fields objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 134(JUD)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  38   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                

2024-05-13                     House Journal                      Page 3120
Nays:  Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk,                                                                   
Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                                     
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 3, line 1:                                                                                                                 
     Delete "administrative, technical, and physical"                                                                           
     Insert "administrative and technical"                                                                                      
                                                                                                                                
Page 5, line 3:                                                                                                                 
     Delete "administrative, technical, and physical"                                                                           
     Insert "administrative and technical"                                                                                      
                                                                                                                                
Page 14, lines 28 - 29:                                                                                                         
     Delete "administrative, technical, and physical"                                                                           
     Insert "administrative and technical"                                                                                      
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Edgmon moved and asked unanimous consent to table                                                                
Amendment No. 3.                                                                                                                
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 3 be tabled?"  The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 134(JUD)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 3/Table                                                                                                           
                                                                                                                                

2024-05-13                     House Journal                      Page 3121
YEAS:  24   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Baker, Carpenter, Coulombe, Cronk, Edgmon, Fields, Foster,                                                               
Galvin, Gray, C.Johnson, D.Johnson, McCabe, McCormick, McKay,                                                                   
Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton,                                                                
Vance, Wright                                                                                                                   
                                                                                                                                
Nays:  Armstrong, Carrick, Dibert, Eastman, Groh, Hannan,                                                                       
Himschoot, Josephson, Mears, Mina, Ortiz, Schrage, Story, Stutes,                                                               
Tomaszewski                                                                                                                     
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 3 was tabled.                                                                                             
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 16, line 12, following "media":                                                                                            
     Insert ", unless the information is confidential information that                                                          
was obtained during a cybersecurity attack"                                                                                     
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Eastman rose to a point of order, regarding recognition                                                          
before speaking.                                                                                                                
                                                                                                                                
The Speaker stated the point was well taken.                                                                                    
                                                                                                                                
Representative Prax moved and asked unanimous consent to table                                                                  
Amendment No. 4.                                                                                                                
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 4 be tabled?"  The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 134(JUD)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 4/Table                                                                                                           
                                                                                                                                

2024-05-13                     House Journal                      Page 3122
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, Gray,                                                                 
C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax,                                                                           
Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton,                                                                      
Tomaszewski, Vance, Wright                                                                                                      
                                                                                                                                
Nays:  Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Groh,                                                               
Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Schrage, Story,                                                               
Stutes                                                                                                                          
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 4 was tabled.                                                                                             
                                                                                                                                
Amendment No. 5 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, lines 1 - 2 (title amendment):                                                                                          
     Delete "relating to mammograms;"                                                                                         
                                                                                                                                
Page 16, line 19, through page 17, line 19:                                                                                     
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 18, lines 8 - 12:                                                                                                          
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 18, line 22:                                                                                                               
     Delete "sec. 4"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
Page 18, line 24:                                                                                                               
     Delete "Section 6"                                                                                                         
     Insert "Section 3"                                                                                                         
                                                                                                                                
Page 18, line 31:                                                                                                               
     Delete "secs. 8 - 11"                                                                                                      
     Insert "secs. 5 - 8"                                                                                                       
                                                                                                                                

2024-05-13                     House Journal                      Page 3123
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Cronk moved and asked unanimous consent to table                                                                 
Amendment No. 5.                                                                                                                
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The Speaker stated the point was well taken.                                                                                    
                                                                                                                                
The question being:  "Shall Amendment No. 5 be tabled?"  The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 134(JUD)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 5/Table                                                                                                           
                                                                                                                                
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, Gray,                                                                 
C.Johnson, D.Johnson, McCabe, McCormick, McKay, Prax,                                                                           
Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton,                                                                      
Tomaszewski, Vance, Wright                                                                                                      
                                                                                                                                
Nays:  Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Groh,                                                               
Hannan, Himschoot, Josephson, Mears, Mina, Ortiz, Schrage, Story,                                                               
Stutes                                                                                                                          
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 5 was tabled.                                                                                             
                                                                                                                                
Representative Eastman gave notice of reconsideration of the vote on                                                            
CSSB 74(FIN).                                                                                                                   
                                                                                                                                
Representative McCabe, citing section 180 of Mason's Manual rose to                                                             
a point of order regarding the motion being dilatory.                                                                           
                                                                                                                                
                                                                                                                                

2024-05-13                     House Journal                      Page 3124
The Speaker stated that the point was well taken and ruled the motion                                                           
out of order.                                                                                                                   
                                                                                                                                
Representative Eastman appealed the ruling of the Chair and withdrew                                                            
the motion and withdrew the notice of reconsideration.                                                                          
                                                                                                                                
Amendment No. 6 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Delete "relating to insurance; relating to insurance data                                                                
security;"                                                                                                                    
                                                                                                                                
Page 1, lines 2 - 3:                                                                                                            
     Delete "; amending Rule 26, Alaska Rules of Civil Procedure,                                                             
and Rules 402 and 501, Alaska Rules of Evidence"                                                                              
                                                                                                                                
Page 1, line 5, through page 16, line 18:                                                                                       
     Delete all material.                                                                                                       
                                                                                                                                
Page 16, line 19:                                                                                                               
     Delete "Sec. 2"                                                                                                          
     Insert "Section 1"                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 17, line 20, through page 18, line 7:                                                                                      
     Delete all material.                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 18, line 10:                                                                                                               
     Delete "sec. 2"                                                                                                            
     Insert "sec. 1"                                                                                                            
                                                                                                                                
Page 18, line 11:                                                                                                               
     Delete "sec. 3"                                                                                                            
     Insert "sec. 2"                                                                                                            
                                                                                                                                
Page 18, line 12:                                                                                                               
     Delete "of secs. 2 and 3"                                                                                                  
                                                                                                                                

2024-05-13                     House Journal                      Page 3125
Page 18, line 19, through page 19, line 1:                                                                                      
     Delete all material and insert:                                                                                            
"* Sec. 5. Section 4 of this Act takes effect immediately under                                                               
AS 01.10.070(c).                                                                                                                
   * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes                                                         
effect January 1, 2025."                                                                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 134(JUD)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  38   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                
Nays:  Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk,                                                                   
Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                                     
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
Excused:  Allard                                                                                                                
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
HCS CSSB 134(JUD) be considered engrossed, advanced to third                                                                    
reading, and placed on final passage.                                                                                           
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HCS CSSB 134(JUD) will advance to third reading on tomorrow's                                                                   
calendar.