Legislature(2003 - 2004)

2004-04-29 House Journal

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2004-04-29                     House Journal                      Page 3615
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                   Thursday                 April 29, 2004                          
                                                                                                    
                         One Hundred Ninth Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:51 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representative Kapsner had                                    
been previously excused from a call of the House today.                                             
Representatives Croft, Guttenberg, and Weyhrauch were absent and                                    
their presence was noted later.                                                                     
                                                                                                    
The invocation was offered by the Chaplain, Beverly Smith of the                                    
Christian Science Church.  Representative Fate moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Our Heavenly Father,                                                                            
                                                                                                    
    You are the source of all intelligence, creativity, energy, and                                 
    love.  Enable us, today, to understand Your presence and                                        
    power at work in our lives and in this state.  Because You are                                  
    the creator of our thoughts and our very being, we act                                          
    intelligently and judiciously to promote Your good will on                                      
    earth.  We demonstrate Your nature as Truth by expressing                                       
    honesty and integrity in all our actions.  Your Spirit enables                                  
    us to discern the critical issues and make equitable and                                        
    reasonable decisions that benefit all.  And it is divine Love                                   
    that drives our words and deeds, expressing our sincere love                                    
    for our fellow man.                                                                             
                                                                                                    
    Help us, Lord, to allow no suggestion of frustration,                                           
    hopelessness, hate, or limitation, to trick us into believing that                              

2004-04-29                     House Journal                      Page 3616
    You are not in control, or that there could possibly be a                                       
    problem too hard for You.  We will listen for Your voice and                                    
    follow Your direction, knowing that the result will be                                          
    harmony and blessing.                                                                           
                                                                                                    
    We acknowledge Your goodness and supreme government                                             
    over all.  We thank You for Your love and constant care.  We                                    
    are happy that "This is the day which the Lord hath made; we                                    
    will rejoice and be glad in it."  (Psalms 118:24)  Amen.                                        
                                                                                                    
The Pledge of Allegiance was led by Representative Gara.                                            
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 108th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 72                                                                                             
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 72                                                                               
    "An Act relating to the qualifications and appointment of                                       
    members of the Board of Regents of the University of Alaska; and                                
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 72(HES)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Seaton, Cissna, Wilson                                                                
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    

2004-04-29                     House Journal                      Page 3617
The following fiscal note(s) apply to CSHB 72(HES):                                                 
                                                                                                    
2.  Zero, Office of the Governor                                                                    
3.  Zero, Office of the Governor                                                                    
4.  Fiscal, University of Alaska                                                                    
                                                                                                    
HB 72 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 551                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE BILL NO. 551                                                                              
    "An Act relating to the issuance of teacher certificates to and                                 
    revocation of teacher certificates of persons convicted of felony                               
    drug offenses and to the issuance of limited teacher certificates to                            
    persons convicted of certain crimes involving a minor and felony                                
    drug offenses."                                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 551(JUD)                                                                  
    "An Act relating to the issuance of teacher certificates to and                                 
    revocation of teacher certificates of persons convicted of certain                              
    felony drug offenses and to the issuance of limited teacher                                     
    certificates to persons convicted of certain crimes involving a                                 
    minor and felony drug offenses."                                                                
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Kott, McGuire, Rokeberg                                                               
                                                                                                    
No recommendation (4):  Berkowitz, Coghill, Morgan, Kerttula                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 551(JUD):                                                
                                                                                                    
2.  Zero, House Rules Committee/Dept. of Education & Early                                          
Development                                                                                         
                                                                                                    

2004-04-29                     House Journal                      Page 3618
HB 551 was returned to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
**The presence of Representative Guttenberg was noted.                                              
                                                                                                    
HB 556                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 556                                                                              
    "An Act relating to a port development project at Lynn Canal,                                   
    providing legislative approval for the Alaska Industrial                                        
    Development and Export Authority to issue bonds or otherwise                                    
    provide financing for the project; and providing for an effective                               
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 556(FIN)                                                                  
    "An Act relating to a port development project on Lynn Canal,                                   
    providing legislative approval for the Alaska Industrial                                        
    Development and Export Authority to issue bonds for the project;                                
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Meyer, Hawker, Joule, Chenault, Fate, Foster, Harris,                                 
Williams                                                                                            
                                                                                                    
No recommendation (3):  Stoltze, Croft, Moses                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 556(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 556 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 194                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    

2004-04-29                     House Journal                      Page 3619
    CS FOR SENATE BILL NO. 194(FIN)                                                                 
    "An Act authorizing delivery of up to two bottles of distilled                                  
    spirits and 40 ounces of beer to a cruise ship passenger or hotel                               
    guest."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 194(L&C)                                                    
    "An Act authorizing delivery of up to two bottles of distilled                                  
    spirits or 72 ounces of beer to a cruise ship passenger or hotel                                
    guest."                                                                                         
                                                                                                    
    (HCR 37 - title change resolution)                                                              
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Rokeberg, Anderson                                                                    
                                                                                                    
No recommendation (5): Crawford, Lynn, Gatto, Dahlstrom,                                            
Guttenberg                                                                                          
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 194(L&C):                                            
                                                                                                    
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
CSSB 194(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
SB 328                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                   
    328(FIN)                                                                                        
    "An Act relating to the national forest income program in the                                   
    Department of Community and Economic Development and to the                                     
    authority of the department to adopt regulations; making                                        
     conforming amendments; and providing for an effective date."                                  
                                                                                                    

2004-04-29                     House Journal                      Page 3620
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SS FOR SENATE BILL NO.                                                      
    328(CRA)                                                                                        
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Wolf, Kookesh, Morgan                                                                 
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
The following fiscal note(s) apply to HCS CSSSSB 328(CRA):                                          
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSSSB 328(FIN) was referred to the Finance Committee.                                              
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 37                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 37 by the House Labor                                               
& Commerce Committee:                                                                               
                                                                                                    
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 194,                                   
    relating to delivery of distilled spirits and beer.                                             
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 338                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3605), was read the second time:                                                     
                                                                                                    

2004-04-29                     House Journal                      Page 3621
    HOUSE BILL NO. 338                                                                              
    "An Act relating to attendance at public school; and providing for                              
    an effective date."                                                                             
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 EDU RPT CS(EDU) 3DP 1NR                                             2712                           
 FN1: INDETERMINATE(EED)                                             2712                           
 HES RPT CS(HES) 1DP 4NR                                             3161                           
 FN1: INDETERMINATE(EED)                                             3161                           
 FIN RPT CS(HES) 7DP 1NR                                             3477                           
 FN1: INDETERMINATE(EED)                                             3477                           
                                                                                                    
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
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. 338(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 338(HES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 338(HES) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 338(HES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 338(HES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    

2004-04-29                     House Journal                      Page 3622
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker,                                    
Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek,                                 
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wolf                                                       
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Anderson, Guttenberg, Wilson                                                               
                                                                                                    
And so, CSHB 338(HES) passed the House.                                                             
                                                                                                    
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.                                
                                                                                                    
CSHB 338(HES) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
HB 421                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3605), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 421                                                                              
    "An Act relating to reconveyances of deeds of trust."                                           
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT CS(L&C) 7DP                                                 3076                           
 FN1: ZERO(DNR)                                                      3077                           
 JUD RPT CS(JUD) 2DP 4NR                                             3440                           
 FN1: ZERO(DNR)                                                      3441                           
                                                                                                    
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. 421(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-04-29                     House Journal                      Page 3623
Representative Coghill moved and asked unanimous consent that                                       
CSHB 421(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 421(JUD) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
HB 422                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3605), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 422                                                                              
    "An Act repealing the special subaccount established in the                                     
    constitutional budget reserve fund; relating to the powers of the                               
    Department of Revenue for the investment of amounts in the                                      
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 STA RPT CS(STA) NT 4DP 1NR                                          2881                           
 FN1: (REV)                                                          2881                           
 FIN RPT CS(STA) NT 7DP 2NR                                          3277                           
 FN1: (REV)                                                          3278                           
                                                                                                    
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. 422(STA)                                                                  
    "An Act repealing the special subaccount established in the                                     
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 422(STA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    

2004-04-29                     House Journal                      Page 3624
Objection was heard.                                                                                
                                                                                                    
CSHB 422(STA) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
HB 468                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3605), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 468                                                                              
    "An Act relating to the amount of the bond required to stay                                     
    execution of a judgment in civil litigation involving a signatory, a                            
    successor of a signatory, or an affiliate of a signatory to the                                 
    tobacco product Master Settlement Agreement during an appeal;                                   
    amending Rules 204 and 205, Alaska Rules of Appellate                                           
    Procedure; and providing for an effective date."                                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT CS(JUD) 1DP 2DNP 4NR                                        2981                           
 FN1: ZERO(CRT)                                                      2982                           
 FN2: ZERO(LAW)                                                      2982                           
                                                                                                    
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. 468(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 2, line 1:                                                                                     
 Delete "total"                                                                                     
 Insert "portion of the"                                                                            
                                                                                                    
Page 2, line 2, following "collectively":                                                           
 Insert "that is attributable to the amount of the judgment for                                     
punitive damages"                                                                                   
                                                                                                    

2004-04-29                     House Journal                      Page 3625
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 468(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  23   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kerttula, Kookesh, Meyer, Morgan, Moses, Samuels                                             
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, Ogg,                                      
Rokeberg, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                        
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Croft, McGuire, Weyhrauch                                                                  
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 468(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 468(JUD) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
HB 472                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3606), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 472                                                                              
    "An Act relating to claims for personal injury or wrongful death                                
    against health care providers; and providing for an effective date."                            
                                                                                                    

2004-04-29                     House Journal                      Page 3626
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT CS(JUD) 2DP 2DNP 3NR                                        3079                           
 FN1: ZERO(CED)                                                      3079                           
 FN2: ZERO(LAW)                                                      3079                           
                                                                                                    
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. 472(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 10, through page 3, line 1:                                                            
 Delete all material and insert:                                                                    
"* Sec. 2.  AS 09.55.548 is amended by adding a new subsection to                                 
read:                                                                                               
         (c)  Notwithstanding any other provision of law, damages                                   
    may not be awarded in an action against a health care provider for                              
    professional negligence."                                                                       
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
Representative Anderson placed a call of the House on the bill and                                  
lifted the call.                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 11:51 a.m.                                                            
                                                                                                    
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 1:47 p.m.                                             
                                                                                                    

2004-04-29                     House Journal                      Page 3627
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 472                                                                                            
Amendment No. 1 was before the House.                                                               
                                                                                                    
Representative Anderson placed a call of the House on the bill.                                     
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
Representative Croft moved and asked unanimous consent to                                           
withdraw Amendment No. 1.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representatives Stepovich, Gara,                                     
Seaton, Weyhrauch, and Kerttula:                                                                    
                                                                                                    
Page 2, line 19, following "250,000":                                                               
 Insert ", except that, in the case of severe permanent physical                                    
impairment or severe disfigurement, the damages may not exceed                                      
$1,000,000.  The limit on damages applies"                                                          
                                                                                                    
Page 2, line 25:                                                                                    
 Delete "$250,000"                                                                                  
 Insert "the maximum amount allowed under (d) of this section"                                      
                                                                                                    
Representative Stepovich moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
Amendment to Amendment No. 2 was offered  by Representative                                          
Anderson:                                                                                           
                                                                                                    
 Delete "1,000,000"                                                                                 
 Insert "500,000"                                                                                   
                                                                                                    
Representative Anderson moved and asked unanimous consent that                                      
Amendment to Amendment No. 2 be adopted.                                                            
                                                                                                    

2004-04-29                     House Journal                      Page 3628
Representative Croft objected.                                                                      
                                                                                                    
Representatives Weyhrauch and McGuire 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.                                                                      
                                                                                                    
Representative Croft moved the previous question.                                                   
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 2 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 472(JUD)                                                                                       
Second Reading                                                                                      
Amendment to Amendment No. 2                                                                        
                                                                                                    
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Coghill, Fate, Foster, Harris, Hawker, Holm,                                       
McGuire, Meyer, Ogg, Rokeberg, Samuels, Stoltze, Wilson                                             
                                                                                                    
Nays:  Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom,                                     
Gara, Gatto, Gruenberg, Guttenberg, Heinze, Joule, Kerttula, Kohring,                               
Kookesh, Kott, Lynn, Masek, Morgan, Moses, Seaton, Stepovich,                                       
Weyhrauch, Williams, Wolf                                                                           
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment to Amendment No. 2 was not adopted.                                               
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 472(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  24   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Hawker, Heinze, Joule, Kerttula, Kohring, Kookesh, Kott,                                
Masek, Morgan, Moses, Ogg, Rokeberg, Seaton, Stepovich,                                             
Weyhrauch, Williams, Wolf                                                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Holm, Lynn, McGuire, Meyer, Samuels, Stoltze, Wilson                                        
                                                                                                    

2004-04-29                     House Journal                      Page 3629
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Amendment No. 3 was offered  by Representatives Stepovich, Gara,                                     
Seaton, Weyhrauch, and Kerttula                                                                     
                                                                                                    
Page 3, line 24, through page 4, line 4:                                                            
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
Amendment to Amendment No. 3 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
 Delete "line 24, through page 4, line 4":                                                          
 Insert "lines 25 - 30"                                                                             
                                                                                                    
 Delete "bill sections"                                                                             
 Insert "subsections"                                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 3 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
Representative Rokeberg moved the previous question.                                                
                                                                                                    
The question being:  "Shall Amendment No. 3 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 472(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 3 as amended                                                                          
                                                                                                    
                                                                                                    
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
                                                                                                    

2004-04-29                     House Journal                      Page 3630
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kohring, Kookesh, Lynn, Masek, Moses,                                  
Ogg, Seaton, Stepovich, Weyhrauch, Wolf                                                             
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kott, McGuire, Meyer, Morgan,                                         
Rokeberg, Samuels, Stoltze, Williams, Wilson                                                        
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 3 as amended was not adopted.                                                 
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Seaton, Wolf, and                                    
Stepovich:                                                                                          
                                                                                                    
Page 2, line 19:                                                                                    
 Delete "250,000"                                                                                   
 Insert "400,000"                                                                                   
                                                                                                    
Page 2, line 25:                                                                                    
 Delete "250,000"                                                                                   
 Insert "400,000"                                                                                   
                                                                                                    
                                                                                                    
Representative Seaton moved and asked unanimous consent that                                        
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
Amendment to Amendment No. 4 was offered  by Representative                                          
Seaton:                                                                                             
                                                                                                    
Beginning with "Page 2, line 25:"                                                                   
 Delete all material.                                                                               
                                                                                                    
Representative Seaton moved and asked unanimous consent that                                        
Amendment to Amendment No. 4 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 4 as amended be                                           
adopted?"  The roll was taken with the following result:                                            

2004-04-29                     House Journal                      Page 3631
                                                                                                    
CSHB 472(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 4 as amended                                                                          
                                                                                                    
YEAS:  20   NAYS:  19   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Heinze, Joule, Kerttula, Kohring, Lynn,                                      
Masek, Morgan, Moses, Seaton, Stepovich, Weyhrauch, Wolf                                            
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Harris,                                    
Hawker, Holm, Kookesh, Kott, McGuire, Meyer, Ogg, Rokeberg,                                         
Samuels, Stoltze, Williams, Wilson                                                                  
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 4 as amended was adopted.                                                     
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
the House rescind previous action in failing to adopt Amendment                                     
No. 3 as amended (page 3629).  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
The question being:  "Shall Amendment No. 3 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 472(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 3 as amended                                                                          
                                                                                                    
YEAS:  22   NAYS:  17   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Heinze, Joule, Kerttula, Kohring, Kookesh,                                   
Lynn, Masek, Morgan, Moses, Seaton, Stepovich, Weyhrauch,                                           
Williams, Wolf                                                                                      
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Harris,                                    
Hawker, Holm, Kott, McGuire, Meyer, Ogg, Rokeberg, Samuels,                                         
Stoltze, Wilson                                                                                     
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 3 as amended was adopted.                                                     
                                                                                                    

2004-04-29                     House Journal                      Page 3632
Amendment No. 5 was not offered.                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 472(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 472(JUD) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
State Affairs Committee                                                                             
CONTINUED:                                                4:15 p.m., 4/29                           
                                                                                                    
Transportation Committee                                                                            
CANCELED:                                                 1:30 p.m., 4/29                           
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 4:15 p.m.                                                             
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 5:36 p.m.                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kookesh be excused from a call of the House today at                                 
6:15 p.m.  There being no objection, it was so ordered.                                             
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 474                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3606), was read the second time:                                                     
                                                                                                    

2004-04-29                     House Journal                      Page 3633
    HOUSE BILL NO. 474                                                                              
    "An Act relating to civil liability associated with aircraft runways,                           
    airfields, and landing areas."                                                                  
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT CS(JUD) 4DP 1DNP 1NR                                        3203                           
 FN1: ZERO(DOT)                                                      3203                           
                                                                                                    
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. 474(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Holm and Kerttula:                                   
                                                                                                    
Page 2, line 9, following "(2)":                                                                    
 Delete "if"                                                                                    
 Insert "is"                                                                                    
                                                                                                    
Page 2, line 9, following "charted":                                                            
 Delete "is"                                                                                    
 Insert "and"                                                                                   
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.                                                                  
                                                                                                    
There being no further objection, Amendment No. 2 was adopted.                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 474(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    

2004-04-29                     House Journal                      Page 3634
CSHB 474(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 474(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 474(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott,                                      
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Gara                                                                                         
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Anderson, McGuire                                                                          
                                                                                                    
And so, CSHB 474(JUD) am passed the House.                                                          
                                                                                                    
Representative Gara later gave notice of reconsideration of the vote on                             
CSHB 474(JUD) am, and reconsideration was taken up then.                                            
                                                                                                    
                                                                                                    
HB 489                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3606), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 489                                                                              
    "An Act relating to the administration of the Alaska Vocational                                 
    Technical Center; and providing for an effective date."                                         
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT 4DP 1NR                                                     2983                           
 FN1: ZERO(LWF)                                                      2983                           
 FIN RPT 6DP 2NR                                                     3398                           
 FN1: ZERO(LWF)                                                      3399                           
                                                                                                    

2004-04-29                     House Journal                      Page 3635
Representative Coghill moved and asked unanimous consent that                                       
HB 489 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 489 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 489 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 489                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott,                                      
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Anderson, McGuire                                                                          
                                                                                                    
And so, HB 489 passed the House.                                                                    
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
HB 489 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                                                                                                    
HB 495                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3606), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 495                                                                              
    "An Act relating to the four dam pool joint action agency; and                                  
    providing for an effective date."                                                               
                                                                                                    

2004-04-29                     House Journal                      Page 3636
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT CS(FIN) NT 7DP 3NR                                          2809                           
 FN1: ZERO(CED)                                                      2810                           
                                                                                                    
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. 495(FIN)                                                                  
    "An Act allowing a joint action agency to encumber property                                     
    interests for security purposes; declaring certain joint action                                 
    agencies to be political subdivisions for certain purposes;                                     
    restricting the sale of property of the joint action agency; allowing                           
    the joint action agency to transfer property to security interest                               
    holders under a security interest or to other parties without                                   
    legislative approval; and providing for an effective date."                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 495(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 495(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 495(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 495(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott,                                      
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    

2004-04-29                     House Journal                      Page 3637
Absent:  Anderson, McGuire                                                                          
                                                                                                    
And so, CSHB 495(FIN) passed the House.                                                             
                                                                                                    
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.                                
                                                                                                    
CSHB 495(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 474                                                                                            
Representative Gara gave notice of reconsideration of the vote on                                   
CSHB 474(JUD) am (page 3634).                                                                       
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
reconsideration of CSHB 474(JUD) am be taken up on the same day.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 474(JUD) am                                                               
    "An Act relating to civil liability associated with aircraft runways,                           
    airfields, and landing areas."                                                                  
                                                                                                    
The question to be reconsidered:  "Shall CSHB 474(JUD) am pass the                                  
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 474(JUD) am--RECONSIDERATION                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott,                                      
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    

2004-04-29                     House Journal                      Page 3638
Absent:  Anderson, McGuire                                                                          
                                                                                                    
And so, CSHB 474(JUD) am passed the House on reconsideration and                                    
was referred to the Chief Clerk for engrossment.                                                    
                                                                                                    
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 515                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3607), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 515                                                                              
    "An Act relating to the regulation of municipal water and sewer                                 
  utilities not in competition with other water and sewer utilities."                              
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 CRA RPT 1DP 4NR                                                     2841                           
 FN1: (CED)                                                          2841                           
 FN2: (CED)                                                          2841                           
 L&C RPT 2DP 4NR                                                     2983                           
 FN1: (CED)                                                          2983                           
 FN2: (CED)                                                          2983                           
 FIN RPT 1DP 1DNP 6NR                                                3478                           
 FN1: (CED)                                                          3479                           
 FN2: (CED)                                                          3479                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 515 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
HB 515 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall HB 515 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2004-04-29                     House Journal                      Page 3639
                                                                                                    
HB 515                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  10   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Fate, Foster, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Joule, Kerttula, Kohring, Kookesh, Kott, Lynn, Morgan, Moses, Ogg,                                  
Rokeberg, Samuels, Seaton, Wilson, Wolf                                                             
                                                                                                    
Nays:  Dahlstrom, Gara, Gatto, Holm, Masek, Meyer, Stepovich,                                       
Stoltze, Weyhrauch, Williams                                                                        
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  McGuire                                                                                    
                                                                                                    
And so, HB 515 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
HB 539                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3607), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 539                                                                              
    "An Act exempting a person who allows a student of the                                          
    University of Alaska to gain practical work experience with the                                 
    person while participating in a practicum from vicarious liability                              
    as an employer, and exempting the student participating in a                                    
    practicum from the Alaska Wage and Hour Act and workers'                                        
    compensation coverage."                                                                         
                                                                                                    
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT CS(L&C) NT 7AM                                              3362                           
 FN1: ZERO(LAW)                                                      3363                           
 FN2: ZERO(LWF); FN3: ZERO(LWF)                                      3363                           
 FN4: ZERO(UA)                                                       3363                           
 JUD RPT CS(L&C) NT 2DP 4NR                                          3442                           

2004-04-29                     House Journal                      Page 3640
 FN1: ZERO(LAW)                                                      3443                           
 FN2: ZERO(LWF); FN3: ZERO(LWF)                                      3443                           
 FN4: ZERO(UA)                                                       3443                           
                                                                                                    
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. 539(L&C)                                                                  
    "An Act exempting a person who allows a student of the                                          
    University of Alaska to gain practical work experience with the                                 
    person while participating in a practicum from vicarious liability                              
    as an employer, and exempting the student participating in a                                    
    practicum from the Alaska Wage and Hour Act; and providing for                                  
    an effective date."                                                                             
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 539(L&C) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 539(L&C) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 539(L&C) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 539(L&C)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    

2004-04-29                     House Journal                      Page 3641
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 539(L&C) passed the House.                                                             
                                                                                                    
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.                                
                                                                                                    
CSHB 539(L&C) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
HB 540                                                                                            
The following, which had been on the April 28, 2004, calendar and not                               
taken up (page 3607), was read the second time:                                                     
                                                                                                    
    HOUSE BILL NO. 540                                                                              
    "An Act relating to workers' compensation insurance rates; and                                  
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT CS(L&C) 3DP 4NR                                             3479                           
 FN1: ZERO(H.L&C/CED)                                                3479                           
                                                                                                    
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. 540(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 540(L&C) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 540(L&C) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 540(L&C) pass the House?"  The                                     
roll was taken with the following result:                                                           

2004-04-29                     House Journal                      Page 3642
                                                                                                    
CSHB 540(L&C)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 540(L&C) passed the House.                                                             
                                                                                                    
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.                                
                                                                                                    
CSHB 540(L&C) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
**Representative Kookesh, who had been previously excused (page                                     
3632), left the Chamber.                                                                            
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 561                                                                                            
HOUSE BILL NO. 561 by the House Finance Committee, entitled:                                        
                                                                                                    
    "An Act providing for and relating to the issuance of general                                   
    obligation bonds in a principal amount of not more than                                         
    $1,000,000 for the purpose of paying the cost of state                                          
    transportation projects; and providing for an effective date."                                  
                                                                                                    
was read the first time and referred to the Finance Committee.                                      

2004-04-29                     House Journal                      Page 3643
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Mary Pat Wyatt                                                                           
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                    
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kohring,                                      
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf; Senator Elton                                   
                                                                                                    
Honoring - Alaska Young Marines                                                                     
By Representatives Wolf, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula,                                     
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
Honoring - Petersburg High School Lady Vikings Basketball Team                                      
By Senator Stedman; Representatives Wilson, Kott, Anderson,                                         
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                     
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wolf                                                                           
                                                                                                    
In Memoriam - Lawrence Landry                                                                       
By Representatives Gara, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula,                                     
Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    

2004-04-29                     House Journal                      Page 3644
In Memoriam - Ronald Jay Swanson                                                                    
By Representatives Wolf, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner,                                        
Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
In Memoriam - Rick D. Swanson                                                                       
By Representatives Wolf, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner,                                        
Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
In Memoriam - Lawrence Lavon Thompson                                                               
By Representatives Masek, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner,                                        
Kerttula, Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Margaret B. Lee                                                                       
By Senator Dyson; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner,                                  
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Master Sergeant David Hudson as 2003 Pacific Air                                         
Command Air Force's (PACF) Enlisted Reservist of the Year                                           
By Representatives Kott, Hawker, Dahlstrom, Anderson, Berkowitz,                                    
Chenault, Cissna, Coghill, Crawford, Croft, Fate, Gara, Gatto,                                      
Gruenberg, Guttenberg, Harris, Heinze, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    

2004-04-29                     House Journal                      Page 3645
Honoring - Metlakatla High School Chiefs Boys Basketball Team                                       
By Representatives Kookesh, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf; Senator Lincoln                                                             
                                                                                                    
In Memoriam - Jake Ketscher, Esquire                                                                
By Representatives Coghill, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                      
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Christopher Partridge                                                                    
By Senator Gary Stevens; Representatives Ogg, Kott, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                     
Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan,                                   
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Troy Davis                                                                            
By Representatives Crawford, Kott, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Ellis                                
                                                                                                    
                                                                                                    
In Memoriam - Roger A. Ceglie                                                                       
By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams,                                         
Wilson, Wolf; Senator Gary Stevens                                                                  
                                                                                                    

2004-04-29                     House Journal                      Page 3646
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Cissna - from 7:00 a.m., April 30 to 10:00 p.m., plane                               
time, May 2, 2004                                                                                   
                                                                                                    
Representative Holm - from 6:00 p.m., April 30 to 10:00 a.m., plane                                 
time, May 3, 2004                                                                                   
                                                                                                    
Representative Kerttula - from 11:00 a.m. to 1:30 p.m., April 30, 2004                              
                                                                                                    
Representative Weyhrauch - from 12:30 p.m. to 2:00 p.m., April 30,                                  
2004                                                                                                
                                                                                                    
HB 72                                                                                             
The Speaker added a Finance Committee referral to the following:                                    
                                                                                                    
    HOUSE BILL NO. 72                                                                               
    "An Act relating to the qualifications and appointment of                                       
    members of the Board of Regents of the University of Alaska; and                                
    providing for an effective date."                                                               
                                                                                                    
HB 72 was removed from the Rules Committee and referred to the                                      
Finance Committee.                                                                                  
                                                                                                    
HB 176                                                                                            
The Speaker waived the Judiciary Committee referral for the                                         
following at the request of Representative McGuire, Chair:                                          
                                                                                                    
    HOUSE BILL NO. 176                                                                              
    "An Act providing that certain obligors can receive credit against                              
    their child support obligation for certain types of noncash child                               
    support; and providing for an effective date."                                                  
                                                                                                    
HB 176 was removed from the Judiciary Committee and referred to                                     
the Finance Committee.                                                                              
                                                                                                    

2004-04-29                     House Journal                      Page 3647
HB 552                                                                                            
The Rules Committee submitted the following fiscal note:                                            
                                                                                                    
5.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
for the following:                                                                                  
                                                                                                    
    CS FOR HOUSE BILL NO. 552(FIN)                                                                  
    "An Act relating to gambling and gaming."                                                       
                                                                                                    
HB 552 is in the Rules Committee.                                                                   
                                                                                                    
HB 338                                                                                            
Representative Kookesh added his name as cosponsor to:                                              
                                                                                                    
    CS FOR HOUSE BILL NO. 338(HES)                                                                  
    "An Act relating to attendance at public school; and providing for                              
    an effective date."                                                                             
                                                                                                    
                                                                                                    
HB 474                                                                                            
Representatives Ogg, Lynn, and Dahlstrom added their names as                                       
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 474(JUD) am                                                               
    "An Act relating to civil liability associated with aircraft runways,                           
    airfields, and landing areas."                                                                  
                                                                                                    
HB 495                                                                                            
Representatives Ogg and Lynn added their names as cosponsors to:                                    
                                                                                                    
    CS FOR HOUSE BILL NO. 495(FIN)                                                                  
    "An Act allowing a joint action agency to encumber property                                     
    interests for security purposes; declaring certain joint action                                 
    agencies to be political subdivisions for certain purposes;                                     
    restricting the sale of property of the joint action agency; allowing                           
    the joint action agency to transfer property to security interest                               
    holders under a security interest or to other parties without                                   
    legislative approval; and providing for an effective date."                                     
                                                                                                    

2004-04-29                     House Journal                      Page 3648
                              ENGROSSMENT                                                        
                                                                                                    
HB 298                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed and signed by the Speaker and Chief Clerk:                                   
                                                                                                    
    CS FOR HOUSE BILL NO. 298(FIN) am                                                               
    "An Act relating to the income of and appropriations from the                                   
    Alaska permanent fund under art. IX, sec. 15(b), Constitution of                                
    the State of Alaska, and making conforming amendments; relating                                 
    to the determination of net income of the mental health trust fund;                             
    and providing for an effective date."                                                           
                                                                                                    
HB 333                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 333(FIN)                                                                  
    "An Act relating to an endowment for public education and the                                   
    University of Alaska; relating to university land; and providing for                            
    an effective date."                                                                             
                                                                                                    
HB 336                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 336(JUD) am                                                               
    "An Act relating to motor vehicle insurance; limiting recovery of                               
    civil damages by an uninsured driver; and providing for an                                      
    effective date."                                                                                
                                                                                                    
HB 338                                                                                            
CSHB 338(HES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 474                                                                                            
CSHB 474(JUD) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2004-04-29                     House Journal                      Page 3649
HB 489                                                                                            
HB 489 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 495                                                                                            
CSHB 495(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 515                                                                                            
HB 515 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 539                                                                                            
CSHB 539(L&C) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 540                                                                                            
CSHB 540(L&C) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Finance Committee                                                                                   
CANCELED:                                                 1:30 p.m., 4/29                           
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 30, 2004.  There being no                                     
objection, the House adjourned at 6:46 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk