Legislature(2003 - 2004)

2004-05-03 House Journal

Full Journal pdf

2004-05-03                     House Journal                      Page 3755
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                    Monday                      May 3, 2004                         
                                                                                                    
                        One Hundred Thirteenth Day                                             
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:25 a.m.                                                                                  
                                                                                                    
Roll call showed 38 members present.  Representatives Anderson and                                  
Weyhrauch were absent and their presence was noted later.                                           
                                                                                                    
The invocation was offered by the Chaplain, Representative Meyer.                                   
Representative Fate moved and asked unanimous consent that the                                      
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
     Let us pray.                                                                                   
                                                                                                    
     Thank You, Heavenly Father, for the privilege of serving this                                  
     great state in the House of Representatives.                                                   
                                                                                                    
     We pray that You will give us the strength and the wisdom to                                   
     make the right decisions for the people of Alaska who have                                     
     placed their trust in us to represent them. Lord, let us not                                   
     forget the children, the elderly, the poor, and those with                                     
     special needs who are not able to communicate their needs to                                   
     us.                                                                                            
                                                                                                    
     We need Your help and guidance, O Lord, for we are simply                                      
     forty Representatives who are trying to do our very best for                                   
     what is best for the state of Alaska.                                                          
                                                                                                    
     Thank You for the freedom that we enjoy in this country.                                       
     Please be with those who protect our freedom.  Please be with                                  

2004-05-03                     House Journal                      Page 3756
        the men and women serving our country inside, and outside,                                 
     of our borders.  Keep them safe and bring them home soon.                                      
                                                                                                    
        Let us each be an example of how You want the world to be.                                 
     In Your name we pray, Amen.                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Kerttula.                                        
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 110th, 111th, and 112th legislative days and Senate and                             
House Joint Journal Supplement No. 18 be approved as certified by                                   
the Chief Clerk.  There being no objection, it was so ordered.                                      
                                                                                                    
                                 * * * * *                                                         
                                                                                                    
Representative Seaton introduced James Gustafson, Guest Page, from                                  
Homer.                                                                                              
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HB 347                                                                                            
A message dated May 1, 2004, was read stating the Senate has passed:                                
                                                                                                    
     HOUSE BILL NO. 347                                                                             
     "An Act exempting taxicabs from the passenger vehicle rental tax;                              
     and providing for an effective date."                                                          
                                                                                                    
HB 347 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
HB 447                                                                                            
A message dated May 2, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 447(JUD)                                                                 
     "An Act making corrective amendments to the Alaska Statutes as                                 
     recommended by the revisor of statutes; and providing for an                                   
     effective date."                                                                               
                                                                                                    

2004-05-03                     House Journal                      Page 3757
CSHB 447(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 25                                                                                             
A message dated May 2, 2004, was read stating the Senate has passed                                 
CSHB 25(JUD) with the following amendment and it is transmitted                                     
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 25(JUD)                                                    
     "An Act relating to health care decisions, including do not                                    
     resuscitate orders, anatomical gifts, and mental health treatment                              
     decisions, and to powers of attorney relating to health care,                                  
     including anatomical gifts and mental health treatment decisions;                              
     and providing for an effective date."                                                          
                                                                                                    
CSHB 25(JUD) is under Unfinished Business.                                                          
                                                                                                    
**The presence of Representative Anderson was noted.                                                
                                                                                                    
                                                                                                    
HB 213                                                                                            
A message dated May 1, 2004, was read stating the Senate has passed                                 
CSHB 213(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN)                                                   
     "An Act relating to a provisional driver's license and to issuance                             
     of a driver's license; and providing for an effective date."                                   
                                                                                                    
CSHB 213(FIN) is under Unfinished Business.                                                         
                                                                                                    
Messages dated May 1 and 2, 2004, were read stating the Senate has                                  
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
                                                                                                    
SB 65                                                                                             
CS FOR SENATE BILL NO. 65(FIN) am by the Senate Finance                                             
Committee, entitled:                                                                                
                                                                                                    

2004-05-03                     House Journal                      Page 3758
     "An Act relating to the qualifications of correctional officers,                               
     parole officers, and probation officers; authorizing the Department                            
     of Corrections to enter into lease- purchase agreements with                                   
     municipalities for new or expanded public correctional facilities in                           
     the Fairbanks North Star Borough, the Matanuska-Susitna                                        
     Borough, Bethel, the Municipality of Anchorage, and the City of                                
     Seward; relating to the development and financing of privately                                 
     operated correctional facility space and services; authorizing the                             
     Department of Corrections to enter into a lease-purchase                                       
     agreement with the City of Whittier for the confinement and care                               
     of prisoners in privately operated correctional facility space if the                          
     state cannot provide the same level of services required in state                              
     law or regulation for the same or less cost; giving notice of and                              
     approving, and authorizing the entry into and issuance of                                      
     certificates of participation for, the upgrade, expansion, and                                 
     replacement of certain jails in Dillingham and Kodiak; and                                     
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
SB 311                                                                                            
CS FOR SENATE BILL NO. 311(JUD)(efd fld) by the Senate                                              
Judiciary Committee, entitled:                                                                      
                                                                                                    
     "An Act providing for a special deposit for workers' compensation                              
     insurers; relating to the board of governors of the Alaska                                     
     Insurance Guaranty Association; stating the intent of the                                      
     legislature, and setting out limitations, concerning the                                       
     interpretation, construction, and implementation of workers'                                   
     compensation laws; relating to restructuring the Alaska workers'                               
     compensation system; eliminating the Alaska Workers'                                           
     Compensation Board; establishing a division of workers'                                        
     compensation within the Department of Labor and Workforce                                      
     Development and assigning certain Alaska Workers'                                              
     Compensation Board functions to the division and the Department                                
     of Labor and Workforce Development; establishing a Workers'                                    
     Compensation Appeals Commission; assigning certain functions                                   
     of the Alaska Workers' Compensation Board to the Workers'                                      
     Compensation Appeals Commission and the Workers'                                               

2004-05-03                     House Journal                      Page 3759
     Compensation Hearings Board; relating to agreements that                                       
     discharge workers' compensation liability; providing for hearing                               
     examiners and hearing panels in workers' compensation                                          
     proceedings; relating to workers' compensation awards; relating to                             
     an employer's failure to insure and keep insured or provide                                    
     security; providing for appeals from compensation orders; relating                             
     to workers' compensation proceedings; providing for supreme                                    
     court jurisdiction of appeals from the Workers' Compensation                                   
     Appeals Commission; providing for a maximum amount for the                                     
     cost-of-living adjustment for workers' compensation benefits;                                  
     providing for administrative penalties for employers uninsured or                              
     without adequate security for workers' compensation; and relating                              
     to assigned risk pools and insurers."                                                          
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
SB 349                                                                                            
SENATE BILL NO. 349 by Senators Davis, Dyson, Gary Stevens,                                         
Seekins, Lincoln, French, Wagoner, Elton, Ellis, Guess, and Olson,                                  
entitled:                                                                                           
                                                                                                    
     "An Act requiring licensure of midwifery birth centers; and                                    
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
SB 354                                                                                            
CS FOR SENATE BILL NO. 354(STA) am(efd fld) by the Senate                                           
State Affairs Committee, entitled:                                                                  
                                                                                                    
     "An Act relating to complaints filed with, and investigations,                                 
     hearings, and orders of, the State Commission for Human Rights;                                
     and making conforming amendments."                                                             
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    

2004-05-03                     House Journal                      Page 3760
SB 368                                                                                            
CS FOR SENATE BILL NO. 368(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, or sale of unstamped                                  
     cigarettes, and to licenses and licensees under the Cigarette Tax                              
     Act; and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Labor & Commerce, Health,                               
Education & Social Services, and Finance Committees.                                                
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 562                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     HOUSE BILL NO. 562                                                                             
     "An Act relating to the establishment of the Interior Rivers Port                              
     Authority; and providing for an effective date."                                               
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Anderson, Kookesh, Morgan                                                             
                                                                                                    
No recommendation (2):  Samuels, Wolf                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, House Community & Regional Affairs Committee/                                    
Dept. of Community & Economic Development                                                           
                                                                                                    
The Speaker added a Finance Committee referral; and so, HB 562 was                                  
referred to the Finance Committee.                                                                  
                                                                                                    
SB 190                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    

2004-05-03                     House Journal                      Page 3761
     CS FOR SENATE BILL NO. 190(STA)                                                                
     "An Act adding certain state-owned land and water to the Kenai                                 
     River Special Management Area; relating to the mineral estate of                               
     the state-owned land and water in the Kenai River Special                                      
     Management Area; relating to the Kenai River Special                                           
     Management Area advisory board; and providing for an effective                                 
     date."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 190(CRA)                                                   
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Anderson, Wolf, Kookesh, Morgan                                                       
                                                                                                    
No recommendation (2):  Samuels, Cissna                                                             
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 190(CRA):                                            
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
2.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
CSSB 190(STA) was referred to the Resources Committee.                                              
                                                                                                    
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Dr. Julius R. Krevans, Jr.                                                               
By Representative Kapsner                                                                           
                                                                                                    
Honoring - Peter DuBois                                                                             
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    

2004-05-03                     House Journal                      Page 3762
Honoring - Rosalee Walker                                                                           
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
Honoring - Juneau-Douglas High School, 100 Years of Graduating                                      
Classes                                                                                             
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
Honoring - Emma Olsen                                                                               
By Senator Elton; Representatives Weyhrauch, Kerttula                                               
                                                                                                    
Honoring - Sgt. Tyler Allen Hall                                                                    
By Senator Green; Representatives Gatto, Stoltze                                                    
                                                                                                    
Honoring - The Alaska Folk Festival                                                                 
By Senator Elton; Representatives Weyhrauch, Kerttula                                               
                                                                                                    
In Memoriam - Ruth Wilma Schmitz                                                                    
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                                                                                    
HB 562                                                                                            
The following, which was on today's calendar, is in the Finance                                     
Committee (page 3760):                                                                              
                                                                                                    
     HOUSE BILL NO. 562                                                                             
     "An Act relating to the establishment of the Interior Rivers Port                              
     Authority; and providing for an effective date."                                               
                                                                                                    
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                                                                                                    
SB 299                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 299                                                                            
     "An Act relating to a charge for a bad check."                                                 
                                                                                                    

2004-05-03                     House Journal                      Page 3763
with the:                                                     Journal Page                          
                                                                                                    
 STA REFERRAL WAIVED                                                  3067                          
 JUD RPT HCS(JUD) 5DP 2AM                                             3332                          
 FN1: ZERO(ADM/VARIOUS)                                               3332                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 299(JUD)                                                          
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
SB 299(JUD) be considered engrossed, advanced to third reading, and                                 
placed on final passage.                                                                            
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS SB 299(JUD) will advance to third reading on tomorrow's                                         
calendar.                                                                                           
                                                                                                    
SB 300                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 300(FIN)                                                                
     "An Act relating to an attorney's lien, to court actions, and to other                         
     proceedings where attorneys are employed; and providing for an                                 
     effective date."                                                                               
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT HCS(JUD) 5DP 1AM                                             3401                          
 FN1: ZERO(DNR)                                                       3402                          
 FN2: ZERO(CRT)                                                       3402                          
 FN3: ZERO(LAW)                                                       3402                          
 FIN RPT HCS(JUD) 7DP 1NR                                             3581                          
 FN1: ZERO(DNR)                                                       3581                          
 FN2: ZERO(CRT)                                                       3581                          
 FN3: ZERO(LAW)                                                       3581                          

2004-05-03                     House Journal                      Page 3764
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 300(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 300(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 300(JUD) was read the third time.                                                          
                                                                                                    
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
The question being:  "Shall HCS CSSB 300(JUD) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 300(JUD)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, HCS CSSB 300(JUD) 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.                                
                                                                                                    

2004-05-03                     House Journal                      Page 3765
HCS CSSB 300(JUD) was referred to the Chief Clerk for                                               
engrossment.                                                                                        
                                                                                                    
SB 309                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 309(JUD) am                                                             
     "An Act relating to testing the blood of prisoners and those in                                
     custody for bloodborne pathogens."                                                             
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT HCS(STA) 3DP 2NR                                             3363                          
 FN1: ZERO(COR)                                                       3363                          
 FN2: ZERO(ADM)                                                       3363                          
 JUD RPT HCS(JUD) 4DP 1NR                                             3523                          
 FN1: ZERO(COR)                                                       3523                          
 FN2: ZERO(ADM)                                                       3523                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 309(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 309(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 309(JUD) was read the third time.                                                          
                                                                                                    
The question being:  "Shall HCS CSSB 309(JUD) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 309(JUD)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    

2004-05-03                     House Journal                      Page 3766
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Absent:  Anderson, McGuire, Rokeberg                                                                
                                                                                                    
And so, HCS CSSB 309(JUD) passed the House and was referred to                                      
the Chief Clerk for engrossment.                                                                    
                                                                                                    
                                                                                                    
SB 323                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 323(JUD) am                                                             
     "An Act relating to a subcontractor's, contractor's, and project                               
     owner's liability for workers' compensation, to sole proprietors                               
     and partnerships without employees, and managers or managing                                   
     members of limited liability companies, and to the exclusiveness                               
     of liability for workers' compensation."                                                       
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 L&C RPT 2DP 2DNP 3NR                                                 3582                          
 FN1: ZERO(LWF)                                                       3582                          
 FN2: ZERO(DOT)                                                       3582                          
 FN3: ZERO(ADM)                                                       3582                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 323(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 323(JUD) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
SB 344                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-03                     House Journal                      Page 3767
     SENATE BILL NO. 344                                                                            
     "An Act relating to the Uniform Probate Code and trusts,                                       
     including pleadings, orders, nonprobate assets, estates of                                     
     decedents, minors, protected persons, incapacitated persons,                                   
     guardians, conservators, trustees, foreign trusts, principal and                               
     income, and transfer restrictions; relating to corporate voting                                
     trusts; and providing for an effective date."                                                  
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT HCS(JUD) 4DP 1NR                                             3403                          
 FN1: ZERO(CED)                                                       3403                          
 FN2: ZERO(LAW)                                                       3403                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 344(JUD)                                                          
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 5, line 10, following "report":                                                                
 Insert ", or during the proceeding"                                                                
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
SB 344(JUD) am H be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
HCS SB 344(JUD) am H was read the third time.                                                       
                                                                                                    

2004-05-03                     House Journal                      Page 3768
The question being:  "Shall HCS SB 344(JUD) am H pass the House?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 344(JUD) am H                                                                                
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
And so, HCS SB 344(JUD) am H 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.                                
                                                                                                    
HCS SB 344(JUD) am H was referred to the Chief Clerk for                                            
engrossment.                                                                                        
                                                                                                    
SB 373                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 373                                                                            
     "An Act relating to residency and internship permits issued by the                             
     State Medical Board; and providing for an effective date."                                     
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 HES RPT 4DP                                                          3403                          
 FN1: ZERO(CED)                                                       3404                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 373 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    

2004-05-03                     House Journal                      Page 3769
SB 373 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 373 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 373                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Absent:  Chenault                                                                                   
                                                                                                    
And so, SB 373 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.                                
                                                                                                    
SB 373 was signed by the Speaker and Chief Clerk and returned to the                                
Senate.                                                                                             
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 12:15 p.m.                                                            
                                                                                                    
                               AFTER RECESS                                                      
                                                                                                    
The Speaker called the House back to order at 1:28 p.m.                                             
                                                                                                    
                              RECONSIDERATION                                                    
                                                                                                    
HB 552                                                                                            
Representative Williams brought up reconsideration of the vote on                                   
CSHB 552(FIN)(fld H) (page 3741).                                                                   
                                                                                                    

2004-05-03                     House Journal                      Page 3770
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 552(FIN)                                                                 
     "An Act relating to gambling and gaming."                                                      
                                                                                                    
Representative Williams placed a call of the House.                                                 
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
CSHB 552(FIN) be returned to second reading for the specific purpose                                
of considering Amendment No. 2.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representatives Weyhrauch and                                        
Gruenberg:                                                                                          
                                                                                                    
Page 13, line 30, following "information":                                                          
 Insert "if the municipality has adopted an ordinance, ratified by a                                
majority of the municipal voters voting on the question, authorizing                                
gambling in that municipality"                                                                      
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Lynn objected.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 552(FIN)--RECONSIDERATION                                                                      
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  32   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Croft, Fate, Foster, Gara,                                    
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kohring, Kookesh, Kott, Masek, McGuire, Meyer, Morgan,                                     
Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch,                                        
Williams, Wilson, Wolf                                                                              
                                                                                                    

2004-05-03                     House Journal                      Page 3771
Nays:  Cissna, Coghill, Crawford, Dahlstrom, Gatto, Kerttula, Lynn,                                 
Stoltze                                                                                             
                                                                                                    
Joule changed from "Nay" to "Yea".                                                                  
Chenault changed from "Nay" to "Yea".                                                               
Berkowitz changed from "Nay" to "Yea".                                                              
Stepovich changed from "Nay" to "Yea".                                                              
Holm changed from "Nay" to "Yea".                                                                   
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 552(FIN) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 3.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 3 was offered  by Representative Coghill:                                              
                                                                                                    
Page 31, following line 30:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 7.  The provisions in secs. 1 - 6 of this Act do not take effect                       
unless a majority of voters on a statewide ballot approve the                                       
establishment of a business authorized under AS 05.18.160."                                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Williams objected.                                                                   
                                                                                                    
Representative Coghill placed a call of the House.                                                  
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 552(FIN) am--RECONSIDERATION                                                                   
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    

2004-05-03                     House Journal                      Page 3772
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara,                                
Gatto, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn,                                
Samuels, Seaton, Stoltze, Weyhrauch, Wilson                                                         
                                                                                                    
Nays:  Anderson, Chenault, Fate, Foster, Gruenberg, Harris, Hawker,                                 
Heinze, Holm, Kott, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                      
Rokeberg, Stepovich, Williams, Wolf                                                                 
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
The question to be reconsidered:  "Shall CSHB 552(FIN) am pass the                                  
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 552(FIN) am--RECONSIDERATION                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  22   NAYS:  18   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Fate, Foster, Gruenberg,                                      
Harris, Hawker, Heinze, Holm, Kapsner, Kookesh, Kott, Masek,                                        
McGuire, Meyer, Morgan, Moses, Stepovich, Weyhrauch, Williams,                                      
Wolf                                                                                                
                                                                                                    
Nays:  Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                    
Guttenberg, Joule, Kerttula, Kohring, Lynn, Ogg, Rokeberg, Samuels,                                 
Seaton, Stoltze, Wilson                                                                             
                                                                                                    
And so, CSHB 552(FIN) am passed the House on reconsideration.                                       
                                                                                                    
Amendment No. 1 (title amendment) was offered by Representatives                                    
Stoltze, Dahlstrom, and Crawford:                                                                   
                                                                                                    
Page 1, line 1:                                                                                     
 Delete "relating to gambling and gaming"                                                         
 Insert "relating to the creation of the Alaska Gaming                                            
Commission to regulate gambling; authorizing the Alaska Gaming                                    
Commission to license gambling games and gambling casino                                          
owners and suppliers and to issue occupational licenses for                                       
gambling employees; limiting casino gambling to municipalities                                    
with a population of 150,000 or more; allowing the Alaska Gaming                                  
Commission to issue only one owner's license for a gambling                                       
casino in each municipality with a population of 150,000 or more;                                 

2004-05-03                     House Journal                      Page 3773
creating crimes relating to gambling and setting requirements for                                 
gambling; creating the state gaming fund in the general fund;                                     
setting a gross receipts tax on gambling games; limiting the                                      
authority of a municipality to tax the adjusted gross receipts of                                 
gambling games"                                                                                   
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Stoltze:                                                                                            
                                                                                                    
     Delete "each municipality"                                                                   
     Insert "certain municipalities"                                                              
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection, Amendment No. 1 as amended (title                                 
amendment) was adopted and the new title follows:                                                   
                                                                                                    
     CS FOR HOUSE BILL NO. 552(FIN) am                                                              
     "An Act relating to the creation of the Alaska Gaming                                          
     Commission to regulate gambling; authorizing the Alaska Gaming                                 
     Commission to license gambling games and gambling casino                                       
     owners and suppliers and to issue occupational licenses for                                    
     gambling employees; limiting casino gambling to municipalities                                 
     with a populations of 150,000 or more; allowing the Alaska                                     
     Gaming Commission to issue only one owner's license for a                                      
     gambling casino in certain municipalities with a population of                                 
     150,000 or more; creating crimes relating to gambling and setting                              
     requirements for gambling; creating the state gaming fund in the                               
     general fund; setting a gross receipts tax on gambling games;                                  
     limiting the authority of a municipality to tax the adjusted gross                             
     receipts of gambling games."                                                                   
                                                                                                    

2004-05-03                     House Journal                      Page 3774
CSHB 552(FIN) am and was referred to the Chief Clerk for                                            
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                    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 - Dan Salmon, Igiugig Tribal Administrator                                                 
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg,                                   
Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring,                                      
Kookesh, Masek, McGuire, Meyer, Morgan, Moses, Rokeberg,                                            
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
                                                                                                    
Honoring - Gastineau Channel Little League Senior Girls All-Stars,                                  
State Senior Division Softball Champions, Northwest Region                                          
Champions                                                                                           
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                    
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kohring,                                     
Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf; Senator                                
Elton                                                                                               
                                                                                                    
Honoring - Juneau Jumpers                                                                           
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                    
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kohring,                                     
Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf; Senator                                
Elton                                                                                               
                                                                                                    

2004-05-03                     House Journal                      Page 3775
Honoring - Phyllis and Gene Sundberg on Their 50th Golden Wedding                                   
Anniversary                                                                                         
By Senator Gary Stevens; Representatives Kott, Anderson, Berkowitz,                                 
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                    
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula,                                    
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Henry Warren Brewis                                                                   
By Representatives Harris, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                      
Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kohring,                                   
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
In Memoriam - Alys Lucille Brewis                                                                   
By Representatives Harris, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                      
Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kohring,                                   
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
In Memoriam - Marina M. Gundersen                                                                   
By Representatives Moses, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                      
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula,                                    
Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HB 468                                                                                            
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 3747), will be held to                                
May 4, 2004:                                                                                        
                                                                                                    
     CS FOR HOUSE BILL NO. 468(JUD)(ct rule fld)                                                    
     "An Act relating to the amount of the bond required to stay                                    
     execution of a judgment in civil litigation involving a signatory, a                           

2004-05-03                     House Journal                      Page 3776
     successor of a signatory, or an affiliate of a signatory to the                                
     tobacco product Master Settlement Agreement during an appeal;                                  
     and providing for an effective date."                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Kookesh - from 8:00 a.m. to 10:00 p.m., plane time,                                  
May 5, 2004                                                                                         
                                                                                                    
SB 368                                                                                            
The Speaker waived the Labor & Commerce Committee referral for                                      
the following at the request of Representative Anderson, Chair:                                     
                                                                                                    
     CS FOR SENATE BILL NO. 368(FIN) am                                                             
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, or sale of unstamped                                  
     cigarettes, and to licenses and licensees under the Cigarette Tax                              
     Act; and providing for an effective date."                                                     
                                                                                                    
CSSB 368(FIN) am was removed from the Labor & Commerce                                              
Committee and referred to the Health, Education & Social Services                                   
Committee.                                                                                          
                                                                                                    
The Speaker waived the Health, Education & Social Services                                          
Committee referral for CSSB 368(FIN) am at the request of                                           
Representative Wilson, Chair.                                                                       
                                                                                                    
CSSB 368(FIN) am was removed from the Health, Education & Social                                    
Services Committee and referred to the Finance Committee.                                           
                                                                                                    
SB 300                                                                                            
Representative Dahlstrom added her name as cross sponsor to:                                        
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 300(JUD)                                                   
     "An Act relating to an attorney's lien, to court actions, and to other                         
     proceedings where attorneys are employed; and providing for an                                 
     effective date."                                                                               
                                                                                                    

2004-05-03                     House Journal                      Page 3777
SB 309                                                                                            
Representatives Lynn and Dahlstrom added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 309(JUD)                                                   
     "An Act relating to testing the blood of prisoners and those in                                
     custody for bloodborne pathogens."                                                             
                                                                                                    
SB 344                                                                                            
Representatives Dahlstrom and Lynn added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 344(JUD) am H                                                     
     "An Act relating to the Uniform Probate Code and trusts,                                       
     including pleadings, orders, nonprobate assets, estates of                                     
     decedents, minors, protected persons, incapacitated persons,                                   
     guardians, conservators, trustees, foreign trusts, principal and                               
     income, and transfer restrictions; relating to corporate voting                                
     trusts; and providing for an effective date."                                                  
                                                                                                    
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
HB 543                                                                                            
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. 543(RLS)                                                                 
     "An Act relating to medical assistance coverage for prescription                               
     drugs; and providing for an effective date.                                                    
                                                                                                    
HB 552                                                                                            
CSHB 552(FIN) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 300                                                                                            
HCS CSSB 300(JUD) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2004-05-03                     House Journal                      Page 3778
SB 309                                                                                            
HCS CSSB 309(JUD) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 344                                                                                            
HCS SB 344(JUD) am H 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 meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                                  3:15 p.m., 5/3                         
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                                                  4:00 p.m., 5/3                         
                                                                                                    
Labor & Commerce Committee                                                                          
CHANGED TO:                                                  4:15 p.m., 5/3                         
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 4, 2004.  There being no                                        
objection, the House adjourned at 3:01 p.m.                                                         
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk