Legislature(2003 - 2004)

2004-05-06 House Journal

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2004-05-06                     House Journal                      Page 3875
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                    Thursday                     May 6, 2004                        
                                                                                                    
                       One Hundred Sixteenth Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 2:09 p.m.                                                                                   
                                                                                                    
Roll call showed 37 members present.  Representatives Chenault,                                     
Kapsner, and Williams were absent and their presence was noted later.                               
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Representative Holm.                                    
Representative Gruenberg moved and asked unanimous consent that                                     
the invocation be spread on the journal.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
         Heavenly Father,                                                                           
         Today is the National Day of Prayer and we thank all                                       
         of those who just participated in the program on our                                       
         Capitol steps.                                                                             
                                                                                                    
         Lord, we bow before You this beautiful day that You                                        
         have made and humbly give You thanks for all Your                                          
         gifts to us.  Lord, let us ever be mindful of Your care                                    
         for us, knowing that we do not know what the future                                        
         will bring but that You do.  Lord, we ask for Your                                         
         inspiration and guidance to do Your work these final                                       
         days.  Help us listen to Your plan for us.  Help us                                        
         listen to each other, though we may be tired and                                           
         grumpy.  God, help us show respect for one another                                         
         regardless of our disagreements.  God, we thank You                                        
         for Your opportunity for us to serve You and the                                           
         people of Alaska.                                                                          
                                                                                                    

2004-05-06                     House Journal                      Page 3876
Representative Holm sang the following from "Hymn of                                                
Promise":                                                                                           
                                                                                                    
                     In the bulb there is a flower,                                                
                      in the seed, an apple tree;                                                  
                     in cocoons, a hidden promise:                                                 
                     butterflies will soon be free!                                                
                     In the cold of snow and winter                                                
                   there's a spring that waits to be,                                              
                      unrevealed until its season,                                                 
                      something God alone can see.                                                 
                                 Amen.                                                             
                                                                                                    
The Pledge of Allegiance was led by Representative Moses.                                           
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 115th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 486                                                                                            
A message dated May 5, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 486(FIN)                                                                 
     "An Act relating to reclamation bonding and financial assurance                                
     for certain mines; relating to financial assurance limits for lode                             
     mines; establishing the mine reclamation trust fund; and providing                             
     for an effective date."                                                                        
                                                                                                    
CSHB 486(FIN) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 414                                                                                            
A message dated May 5, 2004, was read stating the President has                                     
granted limited powers of free conference to the Senate members of                                  
the Conference Committee considering:                                                               
                                                                                                    

2004-05-06                     House Journal                      Page 3877
     CS FOR HOUSE BILL NO. 414(JUD)                                                                 
     "An Act relating to filling a vacancy in the office of United States                           
     senator, and to the definition of 'political party.'"                                          
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD)                                                   
     "An Act relating to filling a vacancy in the office of United States                           
     senator, and to the definition of 'political party'; and providing for                         
     an effective date."                                                                            
                                                                                                    
     (technical title change)                                                                       
                                                                                                    
The Speaker had previously granted the limited powers of free                                       
conference as requested (page 3839).                                                                
                                                                                                    
SB 299                                                                                            
A message dated May 5, 2004, was read stating the Senate has                                        
concurred in the House amendment to SB 299, thus adopting:                                          
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 299(JUD) am H                                                     
     "An Act relating to a charge for a bad check."                                                 
                                                                                                    
                                                                                                    
SB 300                                                                                            
A message dated May 5, 2004, was read stating the Senate has                                        
concurred in the House amendment to CSSB 300(FIN), thus adopting:                                   
                                                                                                    
     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."                                                                               
                                                                                                    
SB 309                                                                                            
A message dated May 5, 2004, was read stating the Senate has                                        
concurred in the House amendment to CSSB 309(JUD) am, thus                                          
adopting:                                                                                           
                                                                                                    
     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."                                                             
                                                                                                    

2004-05-06                     House Journal                      Page 3878
SB 344                                                                                            
A message dated May 5, 2004, was read stating the Senate has                                        
concurred in the House amendment to SB 344, thus adopting:                                          
                                                                                                    
     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."                                                  
                                                                                                    
A message dated May 5, 2004, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
SB 282                                                                                            
CS FOR SENATE BILL NO. 282(RES) by the Senate Resources                                             
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to the identification of finfish in food products                             
     and to the misbranding of food products consisting of or                                       
     containing finfish."                                                                           
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Labor & Commerce Committee.                                                       
                                                                                                    
SB 379                                                                                            
CS FOR SENATE BILL NO. 379(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
     "An Act providing that public members of the Board of Trustees                                 
     of the Alaska Permanent Fund Corporation may be removed only                                   
     for cause; and providing for an effective date."                                               
                                                                                                    
     (HB 544 - similar bill)                                                                        
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3879
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                        Mr. Thomas G. Nave, Esq.                                                   
                                                                                                    
as a member of the Commission on Judicial Conduct.                                                  
                                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair; and                                         
Representatives Samuels, Holm, Gara, Gruenberg, and Ogg.                                            
                                                                                                    
                                                                                                    
The Labor & Commerce Committee has reviewed the qualifications of                                   
the following and recommends the appointment be forwarded to a                                      
joint session for consideration:                                                                    
                                                                                                    
                           Mr. Gary P. Bader                                                       
                                                                                                    
as a member of the Alaska Labor Relations Agency.                                                   
                                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair; and                                        
Representatives Rokeberg, Dahlstrom, Gatto, and Lynn.                                               
                                                                                                    
                                                                                                    
The Resources Committee has reviewed the qualifications of the                                      
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                         Mr. Michael R. Fleagle                                                    
                                                                                                    
as a member of the Board of Game.                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representatives Dahlstrom and Masek, Co-                                   
chairs; and Representatives Wolf, Lynn, Gatto, and Heinze.                                          
                                                                                                    

2004-05-06                     House Journal                      Page 3880
The Resources Committee has reviewed the qualifications of the                                      
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                          Mr. Ben Grussendorf                                                      
                                                                                                    
as a member of the Board of Game.                                                                   
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs; and Representatives Wolf, Lynn, and Gatto.                                                  
                                                                                                    
The State Affairs Committee has reviewed the qualifications of the                                  
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                           Mr. Roger E. Holl                                                       
                                                                                                    
as a member of the Alaska Public Offices Commission.                                                
                                                                                                    
The report was signed by Representative Weyhrauch, Chair; and                                       
Representatives Holm, Lynn, Coghill, Seaton, and Gruenberg.                                         
                                                                                                    
                                                                                                    
The State Affairs Committee has reviewed the qualifications of the                                  
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                          Mr. Ray Matiashowski                                                     
                                                                                                    
as Commissioner of the Department of Administration.                                                
                                                                                                    
The report was signed by Representative Weyhrauch, Chair; and                                       
Representatives Seaton, Holm, Lynn, Coghill, Gruenberg, and                                         
Berkowitz.                                                                                          
#                                                                                                   
**The presence of Representative Chenault was noted.                                                
                                                                                                    
HB 255                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2004-05-06                     House Journal                      Page 3881
     HOUSE BILL NO. 255                                                                             
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     flexible work hour plans, the provision of training wages, and the                             
     definitions of certain terms; and repealing the exemption in the                               
     Act from the payment of minimum wages for learners."                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 255(FIN)                                                                 
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     the scope of administrative regulations defining a person                                      
     employed in a bona fide executive, administrative, or professional                             
     capacity as it pertains to minimum salaries."                                                  
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Meyer, Joule, Fate, Foster                                                            
                                                                                                    
No recommendation (5):  Hawker, Croft, Chenault, Harris, Williams                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 255(FIN):                                                
                                                                                                    
2.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 255 is on today's calendar.                                                                      
                                                                                                    
                                                                                                    
HB 466                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 466                                                                             
     "An Act relating to investments of Alaska permanent fund assets;                               
     and providing for an effective date."                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 466(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    

2004-05-06                     House Journal                      Page 3882
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (9):  Meyer, Hawker, Joule, Croft, Moses, Fate, Chenault,                                   
Foster, Williams                                                                                    
                                                                                                    
No recommendation (1):  Stoltze                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 466(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 466 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 544                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 544                                                                             
     "An Act providing that public members of the Board of Trustees                                 
     of the Alaska Permanent Fund Corporation may be removed only                                   
     for cause; and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 544(STA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Seaton, Gruenberg, Holm, Lynn, Coghill, Weyhrauch                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 544(STA):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Revenue                                                                          
3.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 544 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2004-05-06                     House Journal                      Page 3883
HB 563                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 563                                                                             
     "An Act relating to open meetings guidelines applicable to                                     
     legislators, to the confidentiality of complaints and proceedings                              
     involving alleging violations of AS 24.60, and to hearings on                                  
     formal charges by the Select Committee on Legislative Ethics or                                
     its subcommittees."                                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 563(JUD)                                                                 
     "An Act relating to legislative branch ethics, to open meetings                                
     guidelines applicable to legislators, to the confidentiality of                                
     complaints and proceedings involving alleged violations of                                     
     AS 24.60, and to hearings on formal charges by the Select                                      
     Committee on Legislative Ethics or its subcommittees."                                         
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gruenberg, McGuire                                                                    
                                                                                                    
No recommendation (4):  Holm, Gara, Samuels, Ogg                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 563(JUD):                                                
                                                                                                    
1.  Zero, Legislative Affairs Agency                                                                
                                                                                                    
HB 563 is on today's calendar.                                                                      
                                                                                                    
SB 30                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 30(JUD) am                                                              
     "An Act relating to information and services available to pregnant                             
     women and other persons; and ensuring informed consent before                                  
     an abortion may be performed, except in cases of medical                                       
     emergency."                                                                                    
                                                                                                    

2004-05-06                     House Journal                      Page 3884
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 30(FIN)                                                    
     "An Act relating to information and services available to pregnant                             
     women and other persons; ensuring informed consent before an                                   
     abortion may be performed; and providing exceptions to informed                                
     consent in certain cases."                                                                     
                                                                                                    
                                                                                                    
     (HCR 36 - title change resolution)                                                             
                                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Meyer, Williams                                                                       
                                                                                                    
Do not pass (1):  Croft                                                                             
                                                                                                    
No recommendation (5):  Hawker, Stoltze, Chenault, Fate, Foster                                     
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 30(FIN):                                             
                                                                                                    
3.  Fiscal, Dept. of Health & Social Services                                                       
4.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
                                                                                                    
CSSB 30(JUD) am was referred to the Rules Committee for placement                                   
on the calendar.                                                                                    
                                                                                                    
SB 132                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 132(RES)                                                                
     "An Act removing the Old Minto townsite from the Minto Flats                                   
     State Game Refuge; and authorizing the Department of Natural                                   
     Resources to convey certain land at the historic Old Minto site to                             
     the Native Village of Minto."                                                                  
                                                                                                    

2004-05-06                     House Journal                      Page 3885
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kott, Wolf, Cissna, Morgan                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
CSSB 132(RES) was referred to the Resources Committee.                                              
                                                                                                    
SB 170                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 170(JUD)                                                                
     "An Act relating to murder in the second degree, the justification                             
     of defense of self or others, immunity from prosecution,                                       
     sentencing, probation, discretionary parole, and the right to                                  
     representation in certain criminal proceedings; relating to violation                          
     of a custodian's duty; relating to sexual abuse of a minor; relating                           
     to release of information concerning certain cases involving a                                 
     minor; relating to local options regarding alcoholic beverages, the                            
     offense of furnishing or delivery of alcoholic beverages to a                                  
     person under 21 years of age, and forfeiture of property used in,                              
     and money or other items of value used in financial transactions                               
     derived from, violation of certain laws relating to alcoholic                                  
     beverages; relating to assault by means of a dangerous instrument;                             
     relating to operating or driving a motor vehicle, aircraft, or                                 
     watercraft while under the influence of an alcoholic beverage,                                 
     inhalant, or controlled substance, to the refusal to submit to a                               
     chemical test, and to the presumptions concerning the chemical                                 
   analysis of breath or blood; and providing for an effective date."                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN)                                                   
     "An Act relating to the justification of defense of self or others,                            
     immunity from prosecution, sentencing, probation, discretionary                                
     parole, and the right to representation in certain criminal                                    
     proceedings; relating to violation of a custodian's duty; relating to                          
     sexual abuse of a minor; relating to release of information                                    

2004-05-06                     House Journal                      Page 3886
     concerning certain cases involving a minor; relating to local                                  
     options regarding alcoholic beverages, the offense of furnishing or                            
     delivery of alcoholic beverages to a person under 21 years of age,                             
     and forfeiture of property used in, and money or other items of                                
     value used in financial transactions derived from, violation of                                
     certain laws relating to alcoholic beverages; relating to assault by                           
     means of a dangerous instrument; relating to operating or driving                              
     a motor vehicle, aircraft, or watercraft while under the influence                             
     of an alcoholic beverage, inhalant, or controlled substance, to the                            
     refusal to submit to a chemical test, and to the presumptions                                  
     concerning the chemical analysis of breath or blood; and                                       
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
     (HCR 40 - title change resolution)                                                             
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Hawker, Foster                                                                        
                                                                                                    
No recommendation (9):  Meyer, Stoltze, Joule, Croft, Moses,                                        
Chenault, Fate, Harris, Williams                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 170(FIN):                                            
                                                                                                    
3.  Fiscal, Dept. of Corrections                                                                    
4.  Fiscal, Dept. of Administration                                                                 
5.  Zero, Dept. of Law                                                                              
                                                                                                    
CSSB 170(JUD) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 190                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     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                                      

2004-05-06                     House Journal                      Page 3887
     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 Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Heinze, Lynn                                                                          
                                                                                                    
No recommendation (4):  Gatto, Wolf, Masek, Dahlstrom                                               
                                                                                                    
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 Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
SB 231                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 231(FIN)                                                                
     "An Act relating to unclaimed property; and providing for an                                   
     effective date."                                                                               
                                                                                                    
The report was signed by Representatives Harris, Co-chair, and                                      
Meyer, Vice Chair, with the following individual recommendations:                                   
                                                                                                    
Do pass (2):  Hawker, Meyer                                                                         
                                                                                                    
No recommendation (5):  Stoltze, Chenault, Croft, Fate, Harris                                      
                                                                                                    

2004-05-06                     House Journal                      Page 3888
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
CSSB 231(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
SB 260                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 260(TRA) am                                                             
     "An Act relating to metropolitan planning organizations and to the                             
     policy board of the metropolitan planning organization for the                                 
     Anchorage metropolitan area; relating to transportation planning                               
     in federally recognized metropolitan planning areas; and providing                             
     for an effective date."                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 260(TRA)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Wolf, Vice Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kott, Anderson, Samuels, Wolf                                                         
                                                                                                    
Do not pass (2):  Cissna, Kookesh                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
CSSB 260(TRA) am was referred to the Rules Committee for                                            
placement on the calendar.                                                                          
                                                                                                    
SB 272                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    

2004-05-06                     House Journal                      Page 3889
     CS FOR SENATE BILL NO. 272(FIN)                                                                
     "An Act relating to certain monetary advances in which the                                     
     deposit or other negotiation of checks to pay the advances is                                  
   delayed until a later date; and providing for an effective date."                               
                                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gatto, Rokeberg, Dahlstrom, Lynn, Anderson                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 272(FIN) was referred to the Finance Committee.                                                
                                                                                                    
                                                                                                    
SB 276                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 276(FIN)                                                                
     "An Act relating to the Alaska Insurance Guaranty Association;                                 
     relating to the powers of the Alaska Industrial Development and                                
     Export Authority concerning the association; and providing for an                              
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 276(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Hawker, Croft, Foster, Williams                                                       
                                                                                                    
No recommendation (7):  Meyer, Stoltze, Joule, Moses, Chenault,                                     
Fate, Harris                                                                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3890
The following fiscal note(s) apply to HCS CSSB 276(JUD):                                            
                                                                                                    
7.  Zero, Dept. of Administration                                                                   
8.  Zero, Dept. of Community & Economic Development                                                 
9.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSB 276(FIN) is on today's calendar.                                                               
                                                                                                    
SB 278                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 278(FIN)                                                                
     "An Act relating to fees for the inspection of recreational devices,                           
     including instructional devices,  for certificates of fitness for                              
     electrical wiring and plumbing, and for licenses for boiler                                    
     operators; relating to the building safety account; and providing                              
     for an effective date."                                                                        
                                                                                                    
The report was signed by Representative Williams, Co-Chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Meyer, Foster, Williams                                                               
                                                                                                    
No recommendation (5):  Hawker, Stoltze, Croft, Chenault, Fate                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
3.  Zero, Dept. of Labor & Workforce Development                                                    
4.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
CSSB 278(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
SB 288                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 288(JUD)                                                                
     "An Act relating to temporary custody hearings, and to certain                                 
     determinations concerning placement of a child in child-in-need-                               
     of-aid proceedings; and providing for an effective date."                                      
                                                                                                    

2004-05-06                     House Journal                      Page 3891
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Samuels, Holm, Gara, Gruenberg, Ogg, Anderson,                                        
McGuire                                                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
CSSB 288(JUD) was referred to the Finance Committee.                                                
                                                                                                    
SB 316                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     SENATE BILL NO. 316                                                                            
     "An Act relating to motor vehicle safety belt violations."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 316(TRA)                                                          
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  McGuire                                                                               
                                                                                                    
Do not pass (1):  Holm                                                                              
                                                                                                    
No recommendation (3):  Anderson, Ogg, Gruenberg                                                    
                                                                                                    
Amend (2):  Samuels, Gara                                                                           
                                                                                                    
The following fiscal note(s) apply to HCS SB 316(TRA):                                              
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
2.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    

2004-05-06                     House Journal                      Page 3892
SB 316 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 349                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     SENATE BILL NO. 349                                                                            
     "An Act requiring licensure of midwifery birth centers; and                                    
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Meyer, Hawker, Joule, Croft, Moses, Fate, Foster,                                     
Williams                                                                                            
                                                                                                    
No recommendation (1):  Stoltze                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
SB 349 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 351                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 351(FIN)                                                                
     "An Act requiring the Alaska Public Offices Commission to                                      
     accept documents by nonelectronic means, and specifying the                                    
     manner of preparing the forms that are provided by the                                         
     commission."                                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 351(STA)                                                   
     (same title)                                                                                   
                                                                                                    

2004-05-06                     House Journal                      Page 3893
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Meyer, Hawker, Moses, Fate, Foster, Harris, Williams                                  
                                                                                                    
No recommendation (1):  Croft                                                                       
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 351(STA):                                            
                                                                                                    
1.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
CSSB 351(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
SB 365                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 365(FIN)                                                                
     "An Act relating to the regulation of speech-language pathologist                              
     assistants; and providing for an effective date."                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 365(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Meyer, Hawker, Joule, Croft, Moses, Chenault, Fate,                                  
Foster, Harris, Williams                                                                            
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 365(FIN):                                            
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 365(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    

2004-05-06                     House Journal                      Page 3894
SB 382                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 382(CRA) am                                                             
     "An Act relating to replat approval; relating to the platting of                               
     right-of-way acquired through eminent domain proceedings; and                                  
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Kott, Morgan                                                                          
                                                                                                    
Do not pass (1):  Wolf                                                                              
                                                                                                    
No recommendation (1):  Cissna                                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
CSSB 382(CRA) am was referred to the Transportation Committee.                                      
                                                                                                    
                                                                                                    
SB 387                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     SENATE BILL NO. 387 am                                                                         
     "An Act authorizing the making of certain commercial fishing                                   
     loans to eligible community quota entities for the purchase of                                 
     certain fishing quota shares; and providing for an effective date."                            
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Kott, Anderson, Samuels, Cissna, Kookesh, Morgan                                      
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3895
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
SB 387 am was referred to the Finance Committee.                                                    
                                                                                                    
SB 389                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     SENATE BILL NO. 389                                                                            
     "An Act relating to the conversion of certain corporations to                                  
   limited liability companies; and providing for an effective date."                              
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Meyer, Joule, Croft, Moses, Fate, Foster, Williams                                    
                                                                                                    
No recommendation (4):  Hawker, Stoltze, Chenault, Harris                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
SB 389 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - Sonya Dora Ivanoff                                                                    
By Senator Olson; Representative Foster                                                             
                                                                                                    
In Memoriam - W.W. "Bud" Kasulka                                                                    
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    

2004-05-06                     House Journal                      Page 3896
In Memoriam - Joseph Maxwell "Max" Hamilton                                                         
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    
In Memoriam - Susan Tanape                                                                          
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    
In Memoriam - Betty Lorenson                                                                        
By Senator Gary Stevens; Representative Ogg                                                         
                                                                                                    
                                                                                                    
In Memoriam - Mike Tunahon                                                                          
By Senator Gary Stevens; Representative Ogg                                                         
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HCR 39                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 39 by the House Rules                                               
Committee by request of the House Special Committee on Economic                                     
Development, International Trade, and Tourism:                                                      
                                                                                                    
     Establishing the Alaska Royalty and Revenue Task Force.                                        
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
                                                                                                    
HCR 40                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 40 by the House                                                     
Finance Committee:                                                                                  
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 170,                                  
     relating to criminal law.                                                                      
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
**The presence of Representative Kapsner was noted.                                                 
                                                                                                    

2004-05-06                     House Journal                      Page 3897
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 255                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 255                                                                             
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     flexible work hour plans, the provision of training wages, and the                             
     definitions of certain terms; and repealing the exemption in the                               
     Act from the payment of minimum wages for learners."                                           
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 L&C RPT CS(L&C) 4DP 2AM                                                1090                        
 FN1: ZERO(LWF)                                                         1091                        
 FIN RPT CS(FIN) NT 4DP 5NR                                             3880                        
 FN2: ZERO(LWF)                                                         3881                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 255(FIN)                                                                 
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     the scope of administrative regulations defining a person                                      
     employed in a bona fide executive, administrative, or professional                             
     capacity as it pertains to minimum salaries."                                                  
                                                                                                    
Amendment No. 1 (title amendment) was offered by Representatives                                    
Rokeberg and Croft:                                                                                 
                                                                                                    
Page 1, line 3, following "salaries":                                                             
 Insert "to require that the minimum salary for that individual                                   
be two times the minimum wage for the first forty hours of                                        
employment each week"                                                                             
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.  There being no objection, Amendment                                    
No. 1 was adopted and the new title follows:                                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3898
     CS FOR HOUSE BILL NO. 255(FIN)(title am)                                                       
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     the scope of administrative regulations defining a person                                      
     employed in a bona fide executive, administrative, or professional                             
     capacity as it pertains to minimum salaries to require that the                                
     minimum salary for that individual be two times the minimum                                    
     wage for the first forty hours of employment each week."                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 255(FIN)(title am) be considered engrossed, advanced to third                                  
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 255(FIN)(title am) was read the third time.                                                    
                                                                                                    
The question being:  "Shall CSHB 255(FIN)(title am) pass the                                        
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 255(FIN)(title am)                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Cissna, Masek                                                                              
                                                                                                    
And so, CSHB 255(FIN)(title am) passed the House and was referred                                   
to the Chief Clerk for engrossment.                                                                 
                                                                                                    
HB 563                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 563                                                                             
     "An Act relating to open meetings guidelines applicable to                                     
     legislators, to the confidentiality of complaints and proceedings                              

2004-05-06                     House Journal                      Page 3899
     involving alleging violations of AS 24.60, and to hearings on                                  
     formal charges by the Select Committee on Legislative Ethics or                                
     its subcommittees."                                                                            
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 JUD RPT CS(JUD) NT 2DP 4NR                                             3883                        
 FN1: ZERO(LEG)                                                         3883                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 563(JUD)                                                                 
     "An Act relating to legislative branch ethics, to open meetings                                
     guidelines applicable to legislators, to the confidentiality of                                
     complaints and proceedings involving alleged violations of                                     
     AS 24.60, and to hearings on formal charges by the Select                                      
     Committee on Legislative Ethics or its subcommittees."                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 563(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 563(JUD) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 31                                                                                             
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 31(RES) am                                                              
     "An Act relating to a transportation corridor for extension of the                             
     Alaska Railroad to Canada and to extension of the Alaska                                       
     Railroad to connect with the North American railroad system."                                 
                                                                                                    

2004-05-06                     House Journal                      Page 3900
with the:                                                      Journal Page                         
                                                                                                    
 TRA RPT 3DP 4NR                                                        3828                        
 FN2: ZERO(DOT)                                                         3828                        
 FN3: ZERO(CED)                                                         3828                        
 FN4: ZERO(DNR)                                                         3828                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 31(RES) am be considered engrossed, advanced to third                                          
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 31(RES) am will advance to third reading on tomorrow's                                         
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 239                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 239(HES) am                                                             
     "An Act relating to the required number of days or hours in                                    
    session in a school year; and providing for an effective date."                                
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 HES RPT 1DP 4NR                                                        3830                        
 FN1: ZERO(EED)                                                         3831                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 239(HES) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
                                                                                                    
CSSB 239(HES) am was read the third time.                                                           
                                                                                                    
                                                                                                    
The question being:  "Shall CSSB 239(HES) am pass the House?"                                       
The roll was taken with the following result:                                                       

2004-05-06                     House Journal                      Page 3901
                                                                                                    
CSSB 239(HES) am                                                                                    
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, CSSB 239(HES) am 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.                                
                                                                                                    
CSSB 239(HES) am was signed by the Speaker and Chief Clerk and                                      
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
SB 255                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 255(FIN)                                                                
     "An Act relating to traffic preemption devices."                                               
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 TRA RPT 6DP                                                            3579                        
 FN1: ZERO(DPS); FN2: ZERO(DPS)                                         3580                        
 FN3: ZERO(LAW)                                                         3580                        
 FN4: INDETERMINATE(ADM)                                                3580                        
 JUD RPT 7DP                                                            3787                        
 FN1: ZERO(DPS); FN2: ZERO(DPS)                                         3788                        
 FN3: ZERO(LAW)                                                         3788                        
 FN4: INDETERMINATE(ADM)                                                3788                        
                                                                                                    

2004-05-06                     House Journal                      Page 3902
Representative Coghill moved and asked unanimous consent that                                       
CSSB 255(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 255(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSSB 255(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
CSSB 255(FIN)                                                                                       
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, CSSB 255(FIN) passed the House, 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 3:01 p.m.                                                             
                                                                                                    
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 7:12 p.m.                                             
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                              (continued)                                                          
                                                                                                    
SB 276                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-06                     House Journal                      Page 3903
     CS FOR SENATE BILL NO. 276(FIN)                                                                
     "An Act relating to the Alaska Insurance Guaranty Association;                                 
     relating to the powers of the Alaska Industrial Development and                                
     Export Authority concerning the association; and providing for an                              
     effective date."                                                                               
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 L&C REFERRAL WAIVED                                                    3265                        
 JUD RPT HCS(JUD) 7DP                                                   3445                        
 FN7: ZERO(ADM)                                                         3446                        
 FN8: ZERO(CED)                                                         3446                        
 FN9: ZERO(CED)                                                         3446                        
 FIN RPT HCS(JUD) 4DP 7NR                                               3889                        
 FN7: ZERO(ADM)                                                         3890                        
 FN8: ZERO(CED)                                                         3890                        
 FN9: ZERO(CED)                                                         3890                        
                                                                                                    
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. 276(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 276(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 276(JUD) was read the third time.                                                          
                                                                                                    
The question being:  "Shall HCS CSSB 276(JUD) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 276(JUD)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  0   ABSENT:  6                                                   
                                                                                                    

2004-05-06                     House Journal                      Page 3904
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate,                                
Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Kapsner,                                    
Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan,                                       
Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Absent:  Anderson, Chenault, Guttenberg, Holm, Joule, Seaton                                        
                                                                                                    
And so, HCS CSSB 276(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.                                
                                                                                                    
HCS CSSB 276(JUD) was referred to the Chief Clerk for                                               
engrossment.                                                                                        
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 286                                                                                            
Representative Kohring brought up reconsideration of the vote on                                    
CSSB 286(FIN) (page 3852).                                                                          
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 286(FIN)                                                                
     "An Act relating to direct marketing fisheries businesses, to the                              
     fisheries business tax, and to liability for payment of taxes and                              
     assessments on the sale or transfer of fishery resources; and                                  
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSSB 286(FIN) pass the                                     
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSSB 286(FIN)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    

2004-05-06                     House Journal                      Page 3905
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                    
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Absent:  Chenault, Holm, Joule                                                                      
                                                                                                    
And so, CSSB 286(FIN) passed the House on reconsideration.                                          
                                                                                                    
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.                                
                                                                                                    
CSSB 286(FIN) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                              (continued)                                                          
                                                                                                    
SB 328                                                                                            
The following was read the second time:                                                             
                                                                                                    
             CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                         
     328(FIN)                                                                                       
     "An Act relating to the national forest income program in the                                  
     Department of Community and Economic Development and to the                                    
     authority of the department to adopt regulations; making                                       
      conforming amendments; and providing for an effective date."                                 
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 CRA RPT HCS(CRA) 3DP 1NR                                               3619                        
 FN1: ZERO(CED)                                                         3620                        
 FIN RPT HCS(CRA) 5DP 3NR                                               3788                        
 FN1: ZERO(CED)                                                         3789                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2004-05-06                     House Journal                      Page 3906
     HOUSE CS FOR CS FOR SS FOR SENATE BILL NO.                                                     
     328(CRA)                                                                                       
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSSSB 328(CRA) be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
HCS CSSSSB 328(CRA) was read the third time.                                                        
                                                                                                    
The question being:  "Shall HCS CSSSSB 328(CRA) pass the                                            
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSSSB 328(CRA)                                                                                 
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                 
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Holm                                                                                       
                                                                                                    
And so, HCS CSSSSB 328(CRA) 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 CSSSSB 328(CRA) was referred to the Chief Clerk for                                             
engrossment.                                                                                        
                                                                                                    
SB 337                                                                                            
The following was read the second time:                                                             

2004-05-06                     House Journal                      Page 3907
     CS FOR SENATE BILL NO. 337(L&C)                                                                
     "An Act relating to the powers of the Alaska Energy Authority to                               
     make grants and loans, to enter into contracts, and to improve,                                
     equip, operate, and maintain bulk fuel, waste energy, energy                                   
     conservation, energy efficiency, and alternative energy facilities                             
     and equipment; relating to the bulk fuel revolving loan fund;                                  
     relating to the Alaska Energy Authority's liability for the provision                          
     of technical assistance to rural utilities; relating to the Alaska                             
     Energy Authority's investment of the power development fund;                                   
     repealing the electrical service extension fund; and providing for                             
     an effective date."                                                                            
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 CRA REFERRAL WAIVED                                                    3717                        
 FIN RPT HCS(FIN) NT 2DP 4NR                                            3832                        
 FN1: ZERO(REV)                                                         3833                        
 FN2: ZERO(CED)                                                         3833                        
                                                                                                    
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. 337(FIN)                                                   
     "An Act relating to the powers of the Alaska Energy Authority to                               
     make grants and loans, to enter into contracts, and to improve,                                
     equip, operate, and maintain bulk fuel, waste energy, energy                                   
     conservation, energy efficiency, and alternative energy facilities                             
     and equipment; relating to the bulk fuel revolving loan fund;                                  
     relating to the Alaska Energy Authority's liability for the provision                          
     of technical assistance to rural utilities; relating to the continuation                       
     of the motor fuel tax rate for fuel produced from the processing of                            
     lignocellulose from wood or waste seafood; relating to the Alaska                              
     Energy Authority's investment of the power development fund;                                   
     repealing the electrical service extension fund; and providing for                             
     an effective date."                                                                            
                                                                                                    
     (HCR 38 - title change resolution)                                                             
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3908
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 337(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 337(FIN) was read the third time.                                                          
                                                                                                    
The question being:  "Shall HCS CSSB 337(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 337(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                 
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                      
                                                                                                    
Absent:  Holm, Seaton                                                                               
                                                                                                    
And so, HCS CSSB 337(FIN) passed the House.                                                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HCS CSSB 337(FIN) was referred to the Chief Clerk for engrossment.                                  
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 194                                                                                            
The Speaker stated that, without objection, the following, which was                                
advanced to third reading from the May 5, 2004, calendar (page 3846),                               
would be moved to the bottom of the calendar:                                                       
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 194(L&C)                                                   
     "An Act authorizing delivery of up to two bottles of distilled                                 
     spirits or 72 ounces of beer to a cruise ship passenger or hotel                               
     guest."                                                                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3909
SB 322                                                                                            
The following, which was advanced to third reading from the May 5,                                  
2004, calendar (page 3846), was read the third time:                                                
                                                                                                    
     SENATE BILL NO. 322                                                                            
     "An Act relating to the rate of the salmon enhancement tax."                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Fate - from 7:45 p.m. tonight to 8:00 a.m., May 7, 2004                              
                                                                                                    
Representative Holm - remainder of the evening                                                      
                                                                                                    
The question being:  "Shall SB 322 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 322                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn,                                      
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton,                                         
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson, Rokeberg                                                                         
                                                                                                    
And so, SB 322 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
SB 273                                                                                            
The following, which was advanced to third reading from the May 5,                                  
2004, calendar (page 3849), was read the third time:                                                
                                                                                                    

2004-05-06                     House Journal                      Page 3910
     HOUSE CS FOR CS FOR SENATE BILL NO. 273(FIN)                                                   
     "An Act amending the size, membership, and powers of the board                                 
     of directors of the Alaska Seafood Marketing Institute and making                              
     a corresponding change in the quorum requirement; authorizing                                  
     the establishment of the seafood marketing assessment at a rate of                             
     0.5 percent or 0.6 percent of the value of seafood products                                    
     produced; providing for an election to retain, terminate, or                                   
     increase the seafood marketing assessment; providing for the                                   
     repeal of the salmon marketing tax and provisions related to the                               
     salmon marketing tax; and providing for an effective date."                                    
                                                                                                    
The question being:  "Shall HCS CSSB 273(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 273(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  10   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Chenault, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Harris,                               
Hawker, Heinze, Joule, Kott, Lynn, Masek, McGuire, Meyer, Morgan,                                   
Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                          
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Gruenberg, Guttenberg,                                 
Kapsner, Kerttula, Kohring, Kookesh                                                                 
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
Cissna changed from "Yea" to "Nay".                                                                 
Crawford changed from "Yea" to "Nay".                                                               
Gruenberg changed from "Yea" to "Nay".                                                              
                                                                                                    
And so, HCS CSSB 273(FIN) passed the House.                                                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2004-05-06                     House Journal                      Page 3911
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 273(FIN)                                                                                   
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                   
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on HCS CSSB 273(FIN).                                                                               
                                                                                                    
                                                                                                    
**Representative Fate, who had been previously excused (page 3909),                                 
left the Chamber.                                                                                   
                                                                                                    
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HR 10                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE RESOLUTION NO. 10                                                                        
     Relating to the National Day of Prayer.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Coghill and                                          
Kerttula:                                                                                           
                                                                                                    
Page 1, lines 7 - 9:                                                                                
 Delete all material and insert:                                                                    

2004-05-06                     House Journal                      Page 3912
 "WHEREAS the vision of the National Day of Prayer is to                                          
encourage every person, regardless of religion, to express their faith                              
through prayer, particularly on behalf of our nation and its leaders;                               
and"                                                                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The question being:  "Shall HR 10 am pass the House?"  The roll was                                 
taken with the following result:                                                                    
                                                                                                    
HR 10 am                                                                                            
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                               
Hawker, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                     
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Heinze                                                                                     
                                                                                                    
And so, HR 10 am passed the House and was referred to the Chief                                     
Clerk for engrossment and enrollment.                                                               
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 327                                                                                            
Representative Stoltze brought up reconsideration of the vote on                                    
CSSB 327(STA)(fld H) (page 3861).                                                                   
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 327(STA)                                                                
     "An Act relating to pedestrians using rollerblades, roller skates,                             
     and rollerskis."                                                                               
                                                                                                    

2004-05-06                     House Journal                      Page 3913
Representative Stoltze moved and asked unanimous consent that                                       
CSSB 327(STA) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Stoltze, Holm, and                                   
Stepovich:                                                                                          
                                                                                                    
Page 1, lines 4 - 11:                                                                               
 Delete all material and insert:                                                                    
              "(9) The department shall allow pedestrians to use                                    
     wheeled adjuncts, such as roller blades, roller skates, and                                    
     rollerskis on roadways and vehicular ways or areas available for                               
     use by bicycles."                                                                              
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Guttenberg objected.                                                                 
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Guttenberg:                                                                                         
                                                                                                    
 Delete "or"                                                                                        
 Insert "and"                                                                                       
                                                                                                    
Representative Guttenberg 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 was                                    
adopted.                                                                                            
                                                                                                    
Representative Gara moved and asked unanimous consent that CSSB                                     
327(STA) am H 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 (to CSSB 327(STA) am H) was offered by                                              
Representative Gara:                                                                                
                                                                                                    

2004-05-06                     House Journal                      Page 3914
Following "allow" (in Amendment No. 1):                                                             
 Insert ", unless prohibited by an ordinance of a governmental                                      
subdivision of the state,"                                                                          
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further                                          
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
Amendment No. 3 was not offered.                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSSB 327(STA) am H pass                                    
the House?"  The roll was taken with the following result:                                          
                                                                                                    
CSSB 327(STA) am H--RECONSIDERATION                                                                 
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                               
Hawker, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek,                                       
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Heinze                                                                                     
                                                                                                    
And so, CSSB 327(STA) am H passed the House on reconsideration                                      
and was referred to the Chief Clerk for engrossment.                                                
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                              (continued)                                                          
                                                                                                    
HCR 38                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-06                     House Journal                      Page 3915
     HOUSE CONCURRENT RESOLUTION NO. 38                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 337,                                  
     relating to the powers of the Alaska Energy Authority to make                                  
     grants and loans, to enter into contracts, and to improve, equip,                              
     operate, and maintain bulk fuel, waste energy, energy                                          
     conservation, energy efficiency, and alternative energy facilities                             
     and equipment; relating to the bulk fuel revolving loan fund;                                  
     relating to the Alaska Energy Authority's liability for the provision                          
     of technical assistance to rural utilities; relating to the Alaska                             
     Energy Authority's investment of the power development fund;                                   
     and repealing the electrical service extension fund.                                           
                                                                                                    
The question being:  "Shall HCR 38 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 38                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                               
Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                   
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                             
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  McGuire, Wolf                                                                              
                                                                                                    
And so, HCR 38 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
HCR 39                                                                                            
The Speaker stated that, without objection, the following, which is in                              
the Rules Committee, would be moved to the bottom of the calendar:                                  
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 39                                                             
     Establishing the Alaska Royalty and Revenue Task Force.                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3916
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SJR 25                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE JOINT RESOLUTION NO. 25                                                                 
     Recommending that certain federal funding restrictions be eased                                
     so that more villages in Alaska would qualify for assistance                                   
     relating to flooding and erosion.                                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 CRA RPT 5DP                                                            3536                        
 FN1: ZERO(CED)                                                         3536                        
 STA RPT 5DP                                                            3731                        
 FN1: ZERO(CED)                                                         3732                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SJR 25 be considered engrossed, advanced to third reading, and placed                               
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SJR 25 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SJR 25 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SJR 25                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  2   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                     
Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                   
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                          
Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                                     
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Gara, McGuire, Seaton, Wolf                                                                
                                                                                                    
And so, SJR 25 passed the House.                                                                    
                                                                                                    

2004-05-06                     House Journal                      Page 3917
Representative Stoltze gave notice of reconsideration of the vote on                                
SJR 25.                                                                                             
                                                                                                    
**The presence of Representative Holm, who had been previously                                      
excused from a call of the House (page 3909), was noted.                                            
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                              (continued)                                                          
                                                                                                    
SB 194                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3908), was read the third time:                                                               
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 194(L&C)                                                   
     "An Act authorizing delivery of up to two bottles of distilled                                 
     spirits or 72 ounces of beer to a cruise ship passenger or hotel                               
     guest."                                                                                        
                                                                                                    
The Speaker stated that, without objection, HCS CSSB 194(L&C)                                       
would be held to tomorrow's calendar.                                                               
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                              (continued)                                                          
                                                                                                    
HCR 39                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3916), was in the Rules Committee:                                                            
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 39                                                             
     Establishing the Alaska Royalty and Revenue Task Force.                                        
                                                                                                    
                         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 - June Liebing                                                                             
By Representatives Gatto, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg,                                    
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn,                                      
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               

2004-05-06                     House Journal                      Page 3918
Honoring - Sondra Markwardt                                                                         
By Representatives Gatto, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg,                                    
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn,                                      
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
                                                                                                    
Honoring - Charles H. Benson, Jr. and Celeste Haimbach Benson                                       
By Representatives Gara, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Crawford, Croft, Dahlstrom, Gatto, Gruenberg, Guttenberg,                                   
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek,                                     
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Ellis                                
                                                                                                    
                                                                                                    
Honoring - Joan Hamilton                                                                            
By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Masek,                                  
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
                                                                                                    
Honoring - 25th Anniversary, Snowshoe Elementary School                                             
By Representatives Stoltze, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                               
Senator Ogan                                                                                        
                                                                                                    
Honoring - Peter Bullock                                                                            
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                          
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    

2004-05-06                     House Journal                      Page 3919
Honoring - Cecilia Kunz                                                                             
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom,                                  
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                    
Kapsner, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                         
                                                                                                    
                                                                                                    
Honoring - Benjamin D. Coronell Upon His Retirement                                                 
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                      
Holm, Joule, Kapsner, Kohring, Masek, McGuire, Meyer, Morgan,                                       
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf                                                                                        
                                                                                                    
Honoring - Ninilchik Lady Wolverines, Girls Basketball Team - 2003-                                 
2004 District III Class ~ 2A State Champions                                                        
By Senator Wagoner; Representatives Chenault, Kott, Anderson,                                       
Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                 
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                 
Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Charles Henry "Hank" Rosenthal                                                        
By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
In Memoriam - Eva Renate Asbury                                                                     
By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf;                                     
Senator Gary Stevens                                                                                
                                                                                                    

2004-05-06                     House Journal                      Page 3920
In Memoriam - Peter Ivor Elvsaas, Sr.                                                               
By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf;                                     
Senator Gary Stevens                                                                                
                                                                                                    
                                                                                                    
In Memoriam - Emil V. Nelson                                                                        
By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf;                                     
Senator Gary Stevens                                                                                
                                                                                                    
In Memoriam - Robert Lawrence Pelkey, Sr.                                                           
By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                       
Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams,                                         
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Edward Edson Schofield                                                                
By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, 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 3867), will be held to                                
May 7, 2004:                                                                                        
                                                                                                    

2004-05-06                     House Journal                      Page 3921
     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                           
     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."                                                          
                                                                                                    
HB 255                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 255(FIN)(title am)                                                       
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     the scope of administrative regulations defining a person                                      
     employed in a bona fide executive, administrative, or professional                             
     capacity as it pertains to minimum salaries to require that the                                
     minimum salary for that individual be two times the minimum                                    
     wage for the first forty hours of employment each week."                                       
                                                                                                    
SB 31                                                                                             
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
     CS FOR SENATE BILL NO. 31(RES) am                                                              
     "An Act relating to a transportation corridor for extension of the                             
     Alaska Railroad to Canada and to extension of the Alaska                                       
     Railroad to connect with the North American railroad system."                                 
                                                                                                    
SB 327                                                                                            
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
     CS FOR SENATE BILL NO. 327(STA) am H                                                           
     "An Act relating to pedestrians using rollerblades, roller skates,                             
     and rollerskis."                                                                               
                                                                                                    
SB 328                                                                                            
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
     HOUSE CS FOR CS FOR SS FOR SENATE BILL NO.                                                     
     328(CRA)                                                                                       
     "An Act relating to the national forest income program in the                                  
     Department of Community and Economic Development and to the                                    

2004-05-06                     House Journal                      Page 3922
     authority of the department to adopt regulations; making                                       
      conforming amendments; and providing for an effective date."                                 
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 38                                                                                            
HCR 38 was engrossed and signed by the Speaker and Chief Clerk.                                     
                                                                                                    
HB 255                                                                                            
CSHB 255(FIN)(title am) was engrossed, signed by the Speaker and                                    
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
SB 276                                                                                            
HCS CSSB 276(JUD) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 327                                                                                            
CSSB 327(STA) am H was engrossed, signed by the Speaker and                                         
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
SB 328                                                                                            
HCS CSSSSB 328(CRA) was engrossed, signed by the Speaker and                                        
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
SB 337                                                                                            
HCS CSSB 337(FIN) was engrossed and signed by the Speaker and                                       
Chief Clerk.                                                                                        
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 7, 2004.  There being no                                        
objection, the House adjourned at 8:44 p.m.                                                         
                                                                                                    
                                               Suzi Lowell                                          
                                               Chief Clerk