Legislature(2003 - 2004)

2004-05-07 House Journal

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2004-05-07                     House Journal                      Page 3925
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                    Friday                    May 7, 2004                           
                                                                                                    
                       One Hundred Seventeenth Day                                             
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 12:12 p.m.                                                                                  
                                                                                                    
Roll call showed 35 members present.  Representatives Croft,                                        
Kohring, and Weyhrauch were absent and their presence was noted                                     
later.                                                                                              
                                                                                                    
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 McGuire - today to 1:00 p.m.                                                         
                                                                                                    
Representative Kapsner - today for the Select Committee on                                          
Legislative Ethics meeting.                                                                         
                                                                                                    
The invocation was offered by the Chaplain, Representative Joule.                                   
Representative Meyer moved and asked unanimous consent that the                                     
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    We have a lot to be thankful for.                                                               
                                                                                                    
       Father God, today as we gather, I would like to acknowledge                                 
    a few of the many blessings You have bestowed upon us:                                          
                                                                                                    
         Our freedoms.                                                                              
         Our families.                                                                              
         Our rich diversity.                                                                        
         Our state and all of its richness and beauties.                                            
         Our faith and the diversity of that faith, the many ways to                                
         acknowledge You as being supreme.                                                          

2004-05-07                     House Journal                      Page 3926
         Our ability to have and to create hope.                                                    
        Our ability to love and bring together all that is good.                                   
         And finally, Father God, thank You for the blessings of                                    
         friends and good health.                                                                   
                                                                                                    
    We ask this for today and the many tomorrows.  Amen.                                            
                                                                                                    
The Pledge of Allegiance was led by Representative Seaton.                                          
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 116th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HCR 31                                                                                            
A message dated May 7, 2004, was read stating the Governor is                                       
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    SCS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO.                                                  
    31(HES) am S                                                                                    
    Proclaiming June 2004 as Traumatic Brain Injury Awareness                                       
    Month.                                                                                          
                                                                                                    
    Legislative Resolve No. 43                                                                      
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 337                                                                                            
A message dated May 6, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 337(FIN)                                                                  
    "An Act relating to anatomical donor registries, to an anatomical                               
    gift awareness fund, to an anatomical gift awareness program, to                                
    motor vehicle licenses and registrations, and to state identification                           
    cards."                                                                                         
                                                                                                    

2004-05-07                     House Journal                      Page 3927
CSHB 337(FIN) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 378                                                                                            
A message dated May 6, 2004, was read stating the Senate has passed:                                
                                                                                                    
    HOUSE BILL NO. 378                                                                              
    "An Act relating to the Alaska Food, Drug, and Cosmetic Act,                                    
    including sales, advertising, certain devices, food donors, and food                            
    banks; making certain violations of organic food provisions and of                              
    the Alaska Food, Drug, and Cosmetic Act unfair methods of                                       
    competition and unfair or deceptive acts or practices under certain                             
    of the state's unfair trade practices and consumer protection laws;                             
    and providing for an effective date."                                                           
                                                                                                    
                                                                                                    
HB 378 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
HB 409                                                                                            
A message dated May 6, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 409(FSH)                                                                  
    "An Act relating to the maximum length of salmon seine vessels;                                 
    and providing for an effective date."                                                           
                                                                                                    
CSHB 409(FSH) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 451                                                                                            
A message dated May 6, 2004, was read stating the Senate has passed:                                
                                                                                                    
    HOUSE BILL NO. 451                                                                              
    "An Act relating to therapeutic courts; and providing for an                                    
    effective date."                                                                                
                                                                                                    
                                                                                                    
HB 451 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
                                                                                                    
HB 546                                                                                            
A message dated May 6, 2004, was read stating the Senate has passed:                                
                                                                                                    

2004-05-07                     House Journal                      Page 3928
    CS FOR HOUSE BILL NO. 546(JUD)                                                                  
    "An Act relating to regulation of the discharge of pollutants from                              
    timber-related activities under the National Pollutant Discharge                                
    Elimination System; relating to waste treatment and disposal                                    
    permits; making conforming amendments; and providing for an                                     
    effective date."                                                                                
                                                                                                    
CSHB 546(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 83                                                                                             
A message dated May 6, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 83(JUD)                                                                   
    "An Act adopting a version of the Revised Uniform Arbitration                                   
    Act; relating to the state's existing Uniform Arbitration Act;                                  
    amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil                                     
    Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402,                                    
    Alaska Rules of Appellate Procedure; and providing for an                                       
    effective date."                                                                                
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD)                                                     
    (same title)                                                                                    
                                                                                                    
CSHB 83(JUD) is under Unfinished Business.                                                          
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
SB 305                                                                                            
A message dated May 6, 2004, was read stating the Senate has                                        
concurred in the House amendment to SB 305, thus adopting:                                          
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 305(FIN)                                                           
    "An Act relating to state ownership of submerged land underlying                                
    water that was navigable at the time Alaska achieved statehood."                                
                                                                                                    
SB 301                                                                                            
A message dated May 6, 2004, was read stating the Senate has failed                                 
to concur in the House amendment to CSSB 301(FIN), namely:                                          
                                                                                                    

2004-05-07                     House Journal                      Page 3929
            HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN) am H                                      
    "An Act relating to the Alaska Pioneers' Home and the Alaska                                    
    Veterans' Home; relating to eligibility for admission to the Alaska                             
    Pioneers' Home and Alaska Veterans' Home; relating to the                                       
    eligibility of residents for the Alaska Pioneers' Home and the                                  
    Alaska Veterans' Home for general relief assistance; relating to                                
    state veterans' home facilities; making conforming amendments;                                  
    and providing for an effective date."                                                           
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
HCS CSSB 301(FIN) am H is under Unfinished Business.                                                
                                                                                                    
                                                                                                    
Messages dated May 5 and 6, 2004, were read stating the Senate has                                  
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 224                                                                                            
CS FOR SENATE BILL NO. 224(STA) by the Senate State Affairs                                         
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to a minor operating a vehicle after consuming                                 
    alcohol, to a minor refusing to submit to chemical tests, and to                                
    driving during the 24 hours after being cited for one of those                                  
    offenses; and providing for an effective date."                                                 
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 232                                                                                            
CS FOR SENATE BILL NO. 232(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to federal tax requirements for and other                                      
    provisions of the teachers' retirement system, the public                                       
    employees' retirement system, and the judicial retirement system;                               
    removing village public safety officers from the public employees'                              

2004-05-07                     House Journal                      Page 3930
    retirement system; eliminating the public employees' retirement                                 
    system conditional duty to refund contributions under $1,000 to                                 
    inactive employees; limiting service credit for village public                                  
    safety officer service in the public employees' retirement system                               
    to five years; and providing for an effective date."                                            
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 306                                                                                            
CS FOR SENATE BILL NO. 306(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to the practice of naturopathic medicine; and                                  
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 364                                                                                            
CS FOR SENATE BILL NO. 364(HES)(efd fld) by the Senate Health,                                      
Education and Social Services Committee, entitled:                                                  
                                                                                                    
    "An Act relating to liability for expenses of placement in certain                              
    mental health facilities; and relating to the mental health treatment                           
    assistance program."                                                                            
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
A Senate letter of intent was attached (Senate Journal page 3096).                                  
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HCR 39                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 39                                                              
    Establishing the Alaska Royalty and Revenue Task Force.                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-05-07                     House Journal                      Page 3931
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS)                                                  
    Establishing the Alaska Royalty and Revenue Committee.                                          
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Coghill, Kott, McGuire, Morgan                                                        
                                                                                                    
No recommendation (3):  Berkowitz, Kerttula, Rokeberg                                               
                                                                                                    
The following fiscal note(s) apply to CSHCR 39(RLS):                                                
                                                                                                    
1.  Fiscal, Legislative Affairs Agency                                                              
                                                                                                    
HCR 39 is on today's calendar.                                                                      
                                                                                                    
**The presence of Representative Kapsner was noted.                                                 
                                                                                                    
HB 54                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 54                                                        
    "An Act relating to the crime of assault."                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    54(JUD)                                                                                         
    "An Act relating to minimum periods of imprisonment for the                                     
    crime of assault in the fourth degree committed against an                                      
    employee of an elementary, junior high, or secondary school who                                 
    was engaged in the performance of school duties at the time of the                              
    assault."                                                                                       
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Anderson, Gruenberg, McGuire                                                          
                                                                                                    
No recommendation (3):  Samuels, Gara, Ogg                                                          
                                                                                                    

2004-05-07                     House Journal                      Page 3932
The following fiscal note(s) apply to CSSSHB 54(JUD):                                               
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
SSHB 54 was referred to the Finance Committee.                                                      
                                                                                                    
HB 535                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 535                                                                              
    "An Act relating to liability for expenses of placement in certain                              
    mental health facilities; relating to the mental health treatment                               
    assistance program; and providing for an effective date."                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 535(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gruenberg, Gara, McGuire                                                              
                                                                                                    
No recommendation (2):  Anderson, Ogg                                                               
                                                                                                    
Amend (1):  Samuels                                                                                 
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 535(JUD):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 535 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 560                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    

2004-05-07                     House Journal                      Page 3933
    HOUSE BILL NO. 560                                                                              
    "An Act relating to application of municipal ordinances providing                               
    for planning, platting, and land use regulation to interests in land                            
    owned by the Alaska Railroad Corporation; and providing for an                                  
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 560(TRA)                                                                  
    "An Act authorizing the Alaska Railroad Corporation to extend its                               
    rail line to Fort Greely, Alaska, and relating to that extension;                               
    authorizing the corporation to issue bonds to finance the cost of                               
    the extension and necessary facilities and equipment; relating to                               
    the Railroad Planning, Platting, and Land Use Regulation Task                                   
    Force; and providing for an effective date."                                                    
                                                                                                    
The report was signed by Representative Holm, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Stepovich, Kohring, Ogg, Holm                                                         
                                                                                                    
No recommendation (1):  Masek                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 560(TRA):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 560 was referred to the Community & Regional Affairs                                             
Committee.                                                                                          
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
                                                                                                    
SJR 33                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 33(STA)                                                      
    Urging our United States Senators to work to allow a timely vote                                
    on the floor on all judicial nominations.                                                       
                                                                                                    

2004-05-07                     House Journal                      Page 3934
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Samuels, Anderson, McGuire                                                            
                                                                                                    
Do not pass (2):  Gara, Gruenberg                                                                   
                                                                                                    
No recommendation (1):  Ogg                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Senate State Affairs Committee                                                            
                                                                                                    
CSSJR 33(STA) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 272                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    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 Representatives Harris, Co-chair, and                                      
Meyer, Vice Chair, with the following individual recommendations:                                   
                                                                                                    
Do pass (3):  Chenault, Fate, Foster                                                                
                                                                                                    
No recommendation (4):  Hawker, Stoltze, Meyer, Harris                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
3.  Fiscal, House Finance Committee/Dept. of Community &                                            
Economic Development                                                                                
                                                                                                    
CSSB 272(FIN) is on today's calendar.                                                               
                                                                                                    
SB 288                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2004-05-07                     House Journal                      Page 3935
    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."                                       
                                                                                                    
The report was signed by Representatives Harris, Co-chair, and                                      
Meyer, Vice Chair, with the following individual recommendations:                                   
                                                                                                    
Do pass (3):  Foster, Chenault, Meyer                                                               
                                                                                                    
No recommendation (5):  Croft, Joule, Stoltze, Moses, Harris                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
CSSB 288(JUD) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
SB 382                                                                                            
The Transportation 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 Holm, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Stepovich, Kohring, Holm                                                              
                                                                                                    
No recommendation (2):  Ogg, Masek                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
CSSB 382(CRA) am was referred to the Rules Committee for                                            
placement on the calendar.                                                                          
                                                                                                    

2004-05-07                     House Journal                      Page 3936
SB 385                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 385(JUD) am                                                              
    "An Act relating to homeland security, to civil defense, to                                     
    emergencies and to disasters, including disasters in the event of                               
    attacks, outbreaks of disease, or threats of attack or outbreak of                              
    disease; establishing the Alaska division of homeland security and                              
    emergency management in the Department of Military and                                          
    Veterans' Affairs and relating to the functions of that division and                            
    that department; and providing for an effective date."                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HCS FOR CS FOR SENATE BILL NO. 385(RLS)                                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Coghill, Kott                                                                         
                                                                                                    
No recommendation (4):  Berkowitz, McGuire, Kerttula, Rokeberg                                      
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 385(RLS):                                            
                                                                                                    
1.  Zero, Dept. of Military & Veterans' Affairs                                                     
                                                                                                    
CSSB 385(JUD) am was referred to the Rules Committee for                                            
placement on the calendar.                                                                          
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
SB 282                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    CS FOR SENATE BILL NO. 282(RES)                                                                 
    "An Act relating to the identification of finfish in food products                              
    and to the misbranding of food products consisting of or                                        
    containing finfish."                                                                            
                                                                                                    

2004-05-07                     House Journal                      Page 3937
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gara, Samuels, Guttenberg, Wilson, Seaton                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
3.  Zero, House Special Committee on Fisheries/Dept. of                                             
Environmental Conservation                                                                          
                                                                                                    
CSSB 282(RES) was referred to the Labor & Commerce Committee.                                       
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Verdie A. Bowen                                                                          
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
Honoring - Kelly Marre, 2003 Greater Wasilla Chamber of Commerce                                    
Citizen of the Year                                                                                 
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
Honoring - Judy Youngquist, 2003 Greater Wasilla Chamber of                                         
Commerce Educator of the Year                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
Honoring - Senator E.L. Bob Bartlett's 100th Birthday Anniversary                                   
By Representative Berkowitz                                                                         
                                                                                                    
Honoring - 2003 Colony High School Girls Soccer Team, Region III                                    
Champions                                                                                           
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    

2004-05-07                     House Journal                      Page 3938
Honoring - 2003 Colony High School Boys Soccer Team, Region III                                     
Champions                                                                                           
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
Honoring - Howdie, Incorporated, 2003 Greater Wasilla Chamber of                                    
Commerce Business of the Year                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
Honoring - Mike's Place                                                                             
By Senator Elton; Representatives Weyhrauch, Kerttula                                               
                                                                                                    
In Memoriam - Weston O. Van Loon                                                                    
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
In Memoriam - Paul E. Nichols                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
In Memoriam - James "Jim" Hermon                                                                    
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
In Memoriam - Rose Eda Seller Palmquist                                                             
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
In Memoriam - Lee Daniel Williams                                                                   
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
In Memoriam - Elsie May Philo                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
In Memoriam - Tracy L. Shelden                                                                      
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    

2004-05-07                     House Journal                      Page 3939
In Memoriam - Robert W. "Bob" Pippel                                                                
By Representatives Kohring, Gatto, Harris, Masek, Stoltze; Senators                                 
Green, Ogan, Therriault                                                                             
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 461                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 461                                                                              
    "An Act relating to enhanced 911 surcharges and to emergency                                    
    services dispatch systems of municipalities, certain villages, and                              
    public corporations established by municipalities."                                             
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 CRA RPT CS(CRA) NT 1DP 5NR                                         3574                            
 FN1: ZERO(CED)                                                     3575                            
 STA RPT CS(STA) NT 3DP 2NR                                         3729                            
 LETTER OF INTENT WITH STA REPORT                                   3729                            
 FN1: ZERO(CED)                                                     3729                            
                                                                                                    
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. 461(STA)                                                                  
    "An Act relating to enhanced 911 surcharges and to 911 and                                      
    emergency services dispatch systems."                                                           
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Holm:                                                 
                                                                                                    
Page 4, lines 5 - 6:                                                                                
 Delete all material.                                                                               
 Insert "telephone number or, for wireline telephones, each [50                                 
CENTS PER] month for each local exchange billing statement for a                                
residential customer or for each access line for a commercial                               

2004-05-07                     House Journal                      Page 3940
customer [FOR WIRELINE TELEPHONES.  FOR A                                                       
MUNICIPALITY                                                                                        
                                                                                                    
Page 4, line 10:                                                                                    
 Delete "TELEPHONES.]"                                                                              
 Insert "TELEPHONES]."                                                                              
                                                                                                    
Representative Holm moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
Amendment No. 2 was offered  by Representative Holm:                                                 
                                                                                                    
Page 5, lines 1 - 4:                                                                                
 Delete all material.                                                                               
 Insert "telephone number.  A customer that has more than 100                                       
local exchange access lines from a local exchange telephone company                                 
in the municipality is liable for the enhanced 911 surcharge only on                                
100 local exchange access lines."                                                                   
                                                                                                    
Representative Holm moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
Representative Anderson declared a conflict of interest on Amendment                                
No. 1.                                                                                              
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 461(STA) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2004-05-07                     House Journal                      Page 3941
Yeas:  Chenault, Cissna, Dahlstrom, Fate, Foster, Gruenberg, Hawker,                                
Heinze, Holm, Lynn, Meyer, Ogg, Rokeberg, Samuels, Seaton,                                          
Stepovich, Weyhrauch, Williams, Wilson                                                              
                                                                                                    
Nays:  Anderson, Berkowitz, Coghill, Crawford, Croft, Gara, Gatto,                                  
Guttenberg, Harris, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                               
Masek, Morgan, Moses, Stoltze, Wolf                                                                 
                                                                                                    
Excused:  McGuire                                                                                   
                                                                                                    
Harris changed from "Yea" to "Nay".                                                                 
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 12:41 p.m.                                                            
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 4:48 p.m.                                             
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                               (continued)                                                         
                                                                                                    
HB 461                                                                                            
Amendment No. 3 was offered  by Representative Wolf:                                                 
                                                                                                    
Page 1, line 4, through page 2, line 20:                                                            
 Delete all material.                                                                               
                                                                                                    
Page 2, line 21:                                                                                    
 Delete "Sec. 2"                                                                                  
 Insert "Section 1"                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 21, through page 5, line 14:                                                           
 Delete all material and insert:                                                                    
"* Sec. 3.  AS 29.35.131(a) is amended to read:                                                   
         (a)  A municipality may, by resolution or ordinance, elect to                              
    provide an emergency services dispatch system or an enhanced                                

2004-05-07                     House Journal                      Page 3942
    911 system at public safety answering points, may purchase or                                   
    lease the enhanced 911 equipment or service required to establish                               
    or maintain an enhanced 911 system at public safety answering                                   
    points from a local exchange telephone company or other                                         
    qualified vendor, and may impose an enhanced 911 surcharge, in                                  
    an amount to be determined by the municipality, on all local                                    
    exchange access lines that provide telephone service to wireline                                
    telephones in the area to be served by the enhanced 911 system.                                 
    A municipality that provides services under an enhanced 911                                     
    system may also by resolution or ordinance impose an enhanced                                   
    911 surcharge on each wireless telephone number that is billed to                               
    an address within the enhanced 911 service area.  An [FOR A                                 
    MUNICIPALITY WITH A POPULATION OF 100,000 OR                                                    
    MORE, AN] enhanced 911 surcharge may not exceed $1 a [50                                    
    CENTS PER] month for each wireless telephone billing                                        
    statement [NUMBER] or $1 a [50 CENTS PER] month for each                                
    local exchange billing address [ACCESS LINE] for wireline                                   
    telephones.  [FOR A MUNICIPALITY WITH FEWER THAN                                                
    100,000 PEOPLE, AN ENHANCED 911 SURCHARGE MAY                                                   
    NOT EXCEED 75 CENTS PER MONTH FOR EACH                                                          
    WIRELESS TELEPHONE NUMBER OR 75 CENTS PER                                                       
    MONTH FOR EACH LOCAL EXCHANGE ACCESS LINE                                                       
    FOR WIRELINE TELEPHONES.]  An enhanced service area                                             
    may be all of a city, all of a unified municipality, or all or part of                          
    the area within a borough and may include the extraterritorial                                  
    jurisdiction of a municipality in accordance with AS 29.35.020.                                 
    The governing body of a municipality shall review an enhanced                                   
    911 surcharge annually to determine whether the current level of                                
    the surcharge is adequate, excessive, or insufficient to meet                                   
    anticipated enhanced 911 system needs.  The municipality may                                    
    [ONLY] use the enhanced 911 surcharge for the enhanced 911                                      
    system and  for the actual labor and equipment used to                                      
    provide emergency services dispatch, but not for costs of                                   
    providing the medical, police, fire, rescue, or other emergency                             
    service, or for any other purpose.                                                          
   * Sec. 4.  AS 29.35.131(b) is amended to read:                                                 
     (b)  A local exchange telephone company providing service in                                   
    a municipality that has imposed an enhanced 911 surcharge shall                                 
    bill each month and collect the surcharge from customers in the                                 
    enhanced 911 service area.  A wireless telephone company that                                   

2004-05-07                     House Journal                      Page 3943
    provides telephone service to wireless telephone customers with                                 
    billing addresses within the enhanced 911 service area shall                                    
    impose the [AN ENHANCED 911] surcharge each month and                                       
    collect the surcharge from customers in the enhanced 911 service                                
    area.  A local exchange telephone customer may not be subject to                                
    more than one enhanced 911 surcharge on a local exchange                                        
    billing address [ACCESS LINE] for a wireline telephone.  A                                  
    wireless telephone customer may not be subject to more than one                                 
    enhanced 911 surcharge for each billing statement [FOR EACH                                 
    WIRELESS TELEPHONE NUMBER.  A CUSTOMER THAT                                                     
    HAS MORE THAN 100 LOCAL EXCHANGE ACCESS LINES                                                   
    FROM A LOCAL EXCHANGE TELEPHONE COMPANY IN                                                      
    THE MUNICIPALITY IS LIABLE FOR THE ENHANCED 911                                                 
    SURCHARGE ONLY ON 100 LOCAL EXCHANGE ACCESS                                                     
    LINES].                                                                                         
   * Sec. 5.  AS 29.35.131(c) is amended to read:                                                 
         (c)  A local exchange telephone company or wireless                                        
    telephone company shall include the appropriate enhanced 911                                    
    surcharge, stated separately and included in the total amount                                   
    owed, in the bills delivered to its customers.  The Regulatory                                  
    Commission of Alaska may not consider the enhanced 911                                          
    surcharge as revenue of the telephone company [AND HAS NO                                       
    JURISDICTION OVER AN ENHANCED 911 SYSTEM].  A                                                   
    customer is liable for payment of the enhanced 911 surcharge in                                 
    the amounts billed by the telephone company until the amounts                                   
    have been paid to the telephone company."                                                       
Page 5, line 23, through page 6, line 5:                                                            
 Delete all material and insert:                                                                    
"* Sec. 7.  AS 29.35.133(a) is amended to read:                                                   
         (a)  The establishment, funding, use, operation, or                                        
    maintenance of enhanced 911 or emergency services dispatch                                  
    systems and all activities associated with those actions are                                    
    specifically found to be within the ambit of AS 09.50.250(1) and                                
    AS 09.65.070(d)(6).  Except for intentional acts of misconduct or                               
    gross negligence, a service supplier, local exchange telephone                                  
    company, or wireless telephone company and their employees and                                  
    agents are also immune from tort liability that might otherwise be                              
    incurred in the course of installing, training, maintaining, or                                 
    providing enhanced 911 systems or transmitting or receiving calls                               
    on the system.                                                                                  

2004-05-07                     House Journal                      Page 3944
   * Sec. 8.  AS 42.05 is amended by adding a new section to read:                                
         Sec. 42.05.295.  Routing 911 calls.  Notwithstanding                                     
    AS 42.05.711, to ensure statewide access by all residents to 911                                
    wireline services, traditional or enhanced, for areas where there is                            
    no local or regional public safety answering point, the state shall                             
    provide a toll-free, statewide default public safety answering point                            
    to which each local exchange telephone company must route all                                   
    911 calls originating from within its customer service base."                                   
                                                                                                    
Representative Wolf moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Holm objected.                                                                       
                                                                                                    
Representative Holm placed a call of the House and lifted the call.                                 
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 461(STA) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  15   NAYS:  23   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Croft, Gruenberg, Joule, Kapsner,                                       
Kerttula, Kohring, Masek, McGuire, Morgan, Moses, Stoltze, Wilson,                                  
Wolf                                                                                                
                                                                                                    
Nays:  Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Guttenberg, Hawker, Heinze, Holm, Kott, Lynn, Meyer,                                   
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams                                      
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Harris                                                                                     
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    

2004-05-07                     House Journal                      Page 3945
Amendment No. 4 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 6, following line 5:                                                                           
 Insert a new bill section to read:                                                                 
"* Sec. 10.  AS 42.05 is amended by adding a new section to read:                                 
         Sec. 42.05.295.  Routing 911 calls.  Notwithstanding                                     
    AS 42.05.711, to ensure statewide access by all residents to 911                                
    wireline services, traditional or enhanced, for areas where there is                            
    no local or regional public safety answering point, the state shall                             
    provide a toll-free, statewide default public safety answering point                            
    to which each local exchange telephone company must route all                                   
    911 calls originating from within its customer service base."                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 4.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
The Speaker stated that, without objection, CSHB 461(STA) am                                        
would be moved down the calendar to follow CSSB 231(FIN).                                           
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 30                                                                                             
The Speaker stated that, without objection, the following would be                                  
moved down the calendar to follow CSHB 461(STA) am:                                                 
                                                                                                    
    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."                                                                                     
                                                                                                    
SB 170                                                                                            
The Speaker stated that, without objection, the following would be                                  
moved down the calendar to follow CSSB 30(JUD) am:                                                  
                                                                                                    

2004-05-07                     House Journal                      Page 3946
    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."                              
                                                                                                    
                                                                                                    
SB 231                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 231(FIN)                                                                 
    "An Act relating to unclaimed property; and providing for an                                    
    effective date."                                                                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 STA RPT 6DP                                                        3830                            
 FN2: (REV)                                                         3830                            
 FIN RPT 2DP 5NR                                                    3887                            
 FN2: (REV)                                                         3888                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 231(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 231(FIN) was read the third time.                                                              
                                                                                                    

2004-05-07                     House Journal                      Page 3947
The question being:  "Shall CSSB 231(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
CSSB 231(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  1   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek,                                 
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Gara                                                                                         
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Anderson, Harris, McGuire, Moses                                                           
                                                                                                    
And so, CSSB 231(FIN) passed the House.                                                             
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    
                                                                                                    
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 231(FIN) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                               (continued)                                                         
                                                                                                    
HB 461                                                                                            
The Speaker stated that, without objection, the following, which had                                
been moved down the calendar to follow CSSB 231(FIN) (page 3945),                                   
would be moved to follow CSSB 365(FIN):                                                             
                                                                                                    

2004-05-07                     House Journal                      Page 3948
    CS FOR HOUSE BILL NO. 461(STA) am                                                               
    "An Act relating to enhanced 911 surcharges and to 911 and                                      
    emergency services dispatch systems."                                                           
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                               (continued)                                                         
                                                                                                    
SB 272                                                                                            
The Speaker stated that, without objection, the following would be                                  
moved to follow CSSB 170(JUD):                                                                      
                                                                                                    
    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."                              
                                                                                                    
SB 278                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                                         
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT 3DP 5NR                                                    3890                            
 FN3: ZERO(LWF)                                                     3890                            
 FN4: (LWF)                                                         3890                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 278(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 278(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSSB 278(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                

2004-05-07                     House Journal                      Page 3949
                                                                                                    
CSSB 278(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  4   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate,                                 
Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Joule,                                  
Kapsner, Kerttula, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg,                                    
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Holm, Kohring, Wolf                                                               
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Anderson, Harris, McGuire                                                                  
                                                                                                    
And so, CSSB 278(FIN) passed the House.                                                             
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    
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 278(FIN) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
SB 349                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 349                                                                             
    "An Act requiring licensure of midwifery birth centers; and                                     
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C REFERRAL WAIVED                                                3815                            
 FIN RPT 8DP 1NR                                                    3892                            
 FN1: (HSS)                                                         3892                            
                                                                                                    

2004-05-07                     House Journal                      Page 3950
Representative Coghill moved and asked unanimous consent that                                       
SB 349 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SB 349 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 349 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 349                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  1   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kott, Lynn, Masek, Meyer,                                   
Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Anderson, Harris, McGuire                                                                  
                                                                                                    
And so, SB 349 passed the House.                                                                    
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
SB 349 was signed by the Speaker and Chief Clerk and returned to the                                
Senate.                                                                                             
                                                                                                    
                                                                                                    
SB 365                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-07                     House Journal                      Page 3951
    CS FOR SENATE BILL NO. 365(FIN)                                                                 
    "An Act relating to the regulation of speech-language pathologist                               
    assistants; and providing for an effective date."                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT 5DP 1NR                                                    3790                            
 FN1: (CED)                                                         3790                            
 FIN RPT HCS(FIN) 10 DP                                             3893                            
 FN1: (CED)                                                         3893                            
                                                                                                    
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. 365(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 365(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 365(FIN) was read the third time.                                                          
                                                                                                    
The question being:  "Shall HCS CSSB 365(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 365(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  3   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Heinze, Holm, Joule, Kapsner, Kerttula, Kott, Lynn, Masek, Meyer,                                   
Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Williams, Wolf                                                                                      
                                                                                                    
Nays:  Kohring, Weyhrauch, Wilson                                                                   
                                                                                                    

2004-05-07                     House Journal                      Page 3952
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Anderson, Gara, Harris, McGuire                                                            
                                                                                                    
                                                                                                    
And so, HCS CSSB 365(FIN) passed the House.                                                         
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    
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 365(FIN) was referred to the Chief Clerk for engrossment.                                  
                                                                                                    
                                                                                                    
The House advanced to:                                                                              
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 520                                                                                            
The Speaker waived the following from the State Affairs Committee at                                
the request of Representative Weyhrauch, Chair:                                                     
                                                                                                    
    HOUSE BILL NO. 520                                                                              
    "An Act relating to the expenses of investigation, hearing, or                                  
    public advocacy before the Regulatory Commission of Alaska, to                                  
    calculation of the regulatory cost charge for public utilities and                              
    pipeline carriers to include the Department of Law's costs of its                               
    public advocacy function, to inspection of certain books and                                    
    records by the attorney general when participating as a party in a                              
    matter before the Regulatory Commission of Alaska; and                                          
    providing for an effective date."                                                               
                                                                                                    
HB 520 was referred to the Labor & Commerce Committee with a                                        
further referral to the Finance Committee.                                                          
                                                                                                    
SB 219                                                                                            
Representative McGuire moved and asked unanimous consent to                                         
waive the following from the Judiciary Committee:                                                   
                                                                                                    

2004-05-07                     House Journal                      Page 3953
    CS FOR SENATE BILL NO. 219(JUD) am                                                              
    "An Act relating to offenses against unborn children."                                          
                                                                                                    
Representative Gara objected and withdrew the objection..  There                                    
being no further objection, CSSB 219 (JUD) am was removed from                                      
the Judiciary Committee and referred to the Finance Committee.                                      
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CONTINUED TO:                                            upon recess, 5/7                           
                                                                                                    
Labor & Commerce Committee                                                                          
CHANGED TO:                                              upon recess, 5/7                           
                                                                                                    
Rules Committee                                                                                     
CANCELED:                                                  1:00 p.m., 5/7                           
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 6:11 p.m.                                                             
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 8:28 p.m.                                             
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                               (continued)                                                         
                                                                                                    
HB 461                                                                                            
The following, which had been moved to follow CSSB 365(FIN)                                         
(page 3947), was again before the House:                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 461(STA) am                                                               
    "An Act relating to enhanced 911 surcharges and to 911 and                                      
    emergency services dispatch systems."                                                           
                                                                                                    
Amendment No. 5 was offered  by Representative Wolf:                                                 
                                                                                                    

2004-05-07                     House Journal                      Page 3954
Page 1, line 4, through page 2, line 20:                                                            
    Delete all material.                                                                            
                                                                                                    
Page 2, line 21:                                                                                    
    Delete "Sec. 2"                                                                               
    Insert "Section 1"                                                                            
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Wolf moved and asked unanimous consent that                                          
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Holm objected.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 461(STA) am                                                                                    
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  15   NAYS:  23   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Croft, Gara, Gruenberg, Joule, Kapsner,                                 
Kerttula, Kohring, Masek, McGuire, Morgan, Moses, Stoltze, Wolf                                     
                                                                                                    
Nays:  Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster,                                
Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Kott, Lynn, Ogg,                                   
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson                                   
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Meyer                                                                                      
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    
Amendment No. 6 was offered  by Representative Wolf:                                                 
                                                                                                    

2004-05-07                     House Journal                      Page 3955
Page 3, line 21, through page 4, line 5:                                                            
    Delete all material and insert:                                                                 
"* Sec. 4.  AS 29.35.131(a) is amended to read:                                                   
         (a)  A municipality may, by resolution or ordinance, elect to                              
    provide an emergency services dispatch system or an enhanced                                
    911 system at public safety answering points, may purchase or                                   
    lease the enhanced 911 equipment or service required to establish                               
    or maintain an enhanced 911 system at public safety answering                                   
    points from a local exchange telephone company or other                                         
    qualified vendor, and may impose an enhanced 911 surcharge, in                                  
    an amount to be determined by the municipality, on all local                                    
    exchange access lines that provide telephone service to wireline                                
    telephones in the area to be served by the enhanced 911 system.                                 
    A municipality that provides services under an enhanced 911                                     
    system may also by resolution or ordinance impose an enhanced                                   
    911 surcharge on each wireless telephone number that is billed to                               
    an address within the enhanced 911 service area.  An [FOR A                                 
    MUNICIPALITY WITH A POPULATION OF 100,000 OR                                                    
    MORE, AN] enhanced 911 surcharge may not exceed $1 a [50                                    
    CENTS PER] month for each wireless telephone billing                                        
    statement [NUMBER] or $1 a [50 CENTS PER] month for each                                
    local exchange billing"                                                                     
                                                                                                    
Representative Wolf moved and asked unanimous consent that                                          
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Holm objected.                                                                       
                                                                                                    
Amendment to Amendment No. 6 was offered  by Representative                                          
Gruenberg:                                                                                          
                                                                                                    
Under (a), following "municipality may, by":                                                        
 Delete "resolution or"                                                                             
                                                                                                    
Under (a) following "may also by":                                                                  
 Delete "resolution or"                                                                             
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment to Amendment No. 6 be adopted.  There being no                                            
objection, Amendment to Amendment No. 6 was adopted.                                                
                                                                                                    

2004-05-07                     House Journal                      Page 3956
The question being:  "Shall Amendment No. 6 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 461(STA) am                                                                                    
Second Reading                                                                                      
Amendment No. 6 as amended                                                                          
                                                                                                    
YEAS:  12   NAYS:  26   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Croft, Gruenberg, Kohring,                                    
Kott, Masek, McGuire, Morgan, Stoltze, Wolf                                                         
                                                                                                    
Nays:  Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner,                                    
Kerttula, Lynn, Meyer, Moses, Ogg, Rokeberg, Samuels, Stepovich,                                    
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Seaton                                                                                     
                                                                                                    
And so, Amendment No. 6 as amended was not adopted.                                                 
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    
Amendment No. 7 was not offered.                                                                    
                                                                                                    
Amendment No. 8 was not offered                                                                     
                                                                                                    
New Amendment No. 4 was offered  by Representatives Berkowitz and                                    
Holm:                                                                                               
                                                                                                    
Page 6, line 5:                                                                                     
    Insert a new bill section to read:                                                              
   * Sec. 10.  AS 42.05 is amended by adding a new section to read:                               
Sec. 42.05.295.  Routing 911 calls.  Notwithstanding AS 42.05.711,                                
to ensure statewide access by all residents to 911 wireline services,                               
traditional or enhanced, each local exchange telephone company that                                 
provides wireline service to an area outside a municipality must route                              
all 911 calls originating from within its customer service base through                             
a toll free number to a regional public safety answering point                                      
identified by the state.  In this section, "municipality" has the meaning                           
given in AS 29.35.137.                                                                              
                                                                                                    

2004-05-07                     House Journal                      Page 3957
Representative Berkowitz moved and asked unanimous consent that                                     
New Amendment No. 4 be adopted.                                                                     
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
New Amendment No. 4 was adopted.                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 461(STA) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 461(STA) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                               (continued)                                                         
                                                                                                    
SB 30                                                                                             
The following, which had been moved to follow CSHB 461(STA) am                                      
(page 3945), was read the second time:                                                              
                                                                                                    
    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."                                                                                     
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 HES RPT HCS(HES) 4DP 1NR                                           1780                            
 FN1: (HSS); FN2: (HSS)                                             1780                            
 JUD RPT HCS(JUD) NT 2DP 5NR                                        3164                            
 FN3: (HSS); FN4: (HSS)                                             3165                            
 FIN RPT HCS(FIN) NT 2DP 1DNP 5NR                                   3883                            
 FN3: (HSS); FN4: (HSS)                                             3884                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2004-05-07                     House Journal                      Page 3958
    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)                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall HCS CSSB 30(FIN) be adopted in lieu of                                  
the original bill?"  The roll was taken with the following result:                                  
                                                                                                    
CSSB 30(JUD) am                                                                                     
Second Reading                                                                                      
Adopt Finance HCS                                                                                   
                                                                                                    
YEAS:  12   NAYS:  23   EXCUSED:  1   ABSENT:  4                                                  
                                                                                                    
Yeas:  Coghill, Dahlstrom, Fate, Gatto, Harris, Kohring, Kott, Lynn,                                
Meyer, Stoltze, Williams, Wolf                                                                      
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Foster, Gara, Gruenberg,                                 
Guttenberg, Hawker, Heinze, Joule, Kapsner, Kerttula, Masek,                                        
McGuire, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                             
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Anderson, Chenault, Holm, Stepovich                                                        
                                                                                                    
Fate changed from "Nay" to "Yea".                                                                   
Gatto changed from "Nay" to "Yea".                                                                  
Wolf changed from "Nay" to "Yea".                                                                   
                                                                                                    
And so, HCS CSSB 30(FIN) was not adopted.                                                           
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused (page 3962).                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2004-05-07                     House Journal                      Page 3959
    HOUSE CS FOR CS FOR SENATE BILL NO. 30(JUD)                                                     
    "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."                                                                      
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 30(JUD) be considered engrossed, advanced to third reading,                                    
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS CSSB 30(JUD) will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
SB 170                                                                                            
The following, which was moved to follow CSSB 30(JUD) am (page                                      
3945), was read the second time:                                                                    
                                                                                                    
    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."                              
                                                                                                    

2004-05-07                     House Journal                      Page 3960
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT HCS(FIN) NT 2DP 9NR                                        3885                            
 FN3: (COR)                                                         3886                            
 FN4: (ADM)                                                         3886                            
 FN5: ZERO(LAW)                                                     3886                            
                                                                                                    
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. 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                                     
    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)                                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 170(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS CSSB 170(FIN) will advance to third reading on tomorrow's                                       
calendar.                                                                                           
                                                                                                    

2004-05-07                     House Journal                      Page 3961
SB 272                                                                                            
The following, which was moved to follow CSSB 170(JUD) (page                                        
3948), was read the second time:                                                                    
                                                                                                    
    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."                              
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT 5DP                                                        3888                            
 FN2: (CED)                                                         3889                            
 FIN RPT 3DP 4NR                                                    3934                            
 FN3: (H.FIN/CED)                                                   3934                            
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Croft and                                            
Crawford:                                                                                           
                                                                                                    
Page 10, line 10:                                                                                   
 Delete "14"                                                                                        
 Insert "30"                                                                                        
                                                                                                    
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
Representative Anderson placed a call of the House and lifted the call.                             
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 272(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  27   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2004-05-07                     House Journal                      Page 3962
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, McGuire, Moses                                                
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, Meyer,                                    
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kookesh be excused from a call of the House from                                     
3:00 p.m., today to 5:00 p.m., May 9, 2004.  There being no objection,                              
it was so ordered.                                                                                  
                                                                                                    
**The voting records for Representative Kookesh were changed after                                  
3:00 p.m. today to reflect that he was excused.                                                     
                                                                                                    
Amendment No. 2 was offered  by Representatives Croft and                                            
Crawford:                                                                                           
                                                                                                    
Page 2, line 14, following "each":                                                                  
 Insert "physical"                                                                                  
                                                                                                    
Page 2, line 14, following "location":                                                              
 Insert "or internet web site"                                                                      
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 272(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  22   NAYS:  16   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    

2004-05-07                     House Journal                      Page 3963
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara,                                
Gatto, Gruenberg, Guttenberg, Heinze, Holm, Joule, Kapsner,                                         
Kerttula, Kott, McGuire, Morgan, Moses, Samuels, Stoltze, Wolf                                      
                                                                                                    
Nays:  Anderson, Chenault, Fate, Foster, Hawker, Kohring, Lynn,                                     
Masek, Meyer, Ogg, Rokeberg, Seaton, Stepovich, Weyhrauch,                                          
Williams, Wilson                                                                                    
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Harris                                                                                     
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 10, lines 14 - 25:                                                                             
 Delete all material and insert:                                                                    
         "Sec. 06.50.460.  Fees.  Aside from a nonrefundable                                      
    origination fee in an amount not to exceed $5, fees shall not                                   
    exceed the rates permitted under AS 45.45."                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 272(FIN) am H                                                                                  
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  12   NAYS:  26   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Heinze, Joule, Kapsner, Kerttula, Moses                                                 
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Holm, Kohring, Kott, Lynn, Masek, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    

2004-05-07                     House Journal                      Page 3964
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  McGuire                                                                                    
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 272(FIN) am H be considered engrossed, advanced to third                                       
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 272(FIN) am H will advance to third reading on tomorrow's                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 563                                                                                            
The following, which was advanced to third reading from the May 6,                                  
2004, calendar (page 3899), was read the third time:                                                
                                                                                                    
    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."                                          
                                                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that CSHB                                     
563(JUD) be returned to second reading for the specific purpose of                                  
considering amendments.                                                                             
                                                                                                    
The Speaker stated that, without objection, the rules would be                                      
suspended and the bill would be returned to second reading for all                                  
amendments.                                                                                         
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    

2004-05-07                     House Journal                      Page 3965
Page 2, line 10, following "governor,":                                                             
 Insert "and"                                                                                       
                                                                                                    
Page 2, lines 10 - 11:                                                                              
 Delete ", and discussions of issues in the context of political                                    
strategy"                                                                                           
 Insert ".  However, if a primary purpose of the meeting is the                                     
discussion of legislative or state policy, at least that portion of the                             
meeting must be open to the public"                                                                 
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
 Delete "legislative"                                                                               
 Insert "legislation"                                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, Amendment to Amendment No. 1 was adopted.                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  15   NAYS:  22   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Gara, Gatto,                                   
Gruenberg, Guttenberg, Kapsner, Kerttula, Lynn, Samuels, Seaton,                                    
Stoltze                                                                                             
                                                                                                    
Nays:  Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Heinze,                                    
Holm, Joule, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Stepovich, Weyhrauch, Williams, Wilson, Wolf                                              
                                                                                                    

2004-05-07                     House Journal                      Page 3966
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Anderson, Moses                                                                            
                                                                                                    
And so, Amendment No. 1 as amended was not adopted.                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Moses be excused from a call of the House for the                                    
remainder of the calendar.  There being no objection, it was so                                     
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Gara:                                                 
                                                                                                    
Page 2, lines 5 - 6, following ""political strategy"":                                              
 Insert "(1)"                                                                                       
                                                                                                    
Page 2, line 11, following "strategy":                                                              
 Insert ";                                                                                          
             (2)  does not include                                                                  
                  (A)  discussion of the substance of or policy                                     
         arguments for or against legislation; or                                                   
                  (B)  reporting or relating an expression of support for                           
         or opposition to legislation or other state policy made by a                               
         person, business, organization, or group"                                                  
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  17   NAYS:  20   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara,                                          
Gruenberg, Guttenberg, Harris, Kapsner, Kerttula, Kott, Lynn,                                       
McGuire, Morgan, Samuels, Stoltze                                                                   
                                                                                                    

2004-05-07                     House Journal                      Page 3967
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker,                                   
Heinze, Holm, Joule, Kohring, Masek, Meyer, Ogg, Rokeberg, Seaton,                                  
Stepovich, Weyhrauch, Williams, Wilson                                                              
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
Absent:  Wolf                                                                                       
                                                                                                    
McGuire changed from "Nay" to "Yea".                                                                
Anderson changed from "Nay" to "Yea".                                                               
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 12:                                                                                    
 Insert "(d) It shall be a violation of this section for a legislator to                            
require any written confirmation of support for a bill by other                                     
legislators before permitting a bill to leave the Rules Committee for a                             
vote on the House or Senate Floor, or before scheduling a bill for                                  
discussion and a vote on either Floor.  Nothing in this subsection shall                            
override the Uniform Rules adopted by the Alaska State Legislature on                               
the number of votes a bill needs to advance from committee."                                        
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Rokeberg moved the previous question.                                                
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Representative Rokeberg moved and asked unanimous consent to                                        
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
Representative Rokeberg placed a call of the House on the bill.                                     
                                                                                                    
The call was satisfied.                                                                             

2004-05-07                     House Journal                      Page 3968
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  21   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula,                                    
Lynn, Stepovich, Stoltze                                                                            
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Heinze, Holm,                                     
Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Amendment No. 4 was not offered.                                                                    
                                                                                                    
                                                                                                    
Amendment No. 5 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 5, following "guidelines.":                                                            
 Insert "Whenever a meeting is closed because it involves the                                       
discussion of strategy, the meeting shall be recorded by audio tape.                                
The audio tape shall be provided to nonlegislative staff of the                                     
committee.  If a complaint is received alleging a violation of this                                 
subsection, the nonlegislative staff of the committee may review the                                
tape, and the committee may release to the public those portions of the                             
tape that the committee finds violate this subsection."                                             
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                

2004-05-07                     House Journal                      Page 3969
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  7   NAYS:  31   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gara, Kapsner, Kerttula, Lynn                                    
                                                                                                    
Nays:  Anderson, Chenault, Cissna, Coghill, Dahlstrom, Fate, Foster,                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 6 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 7:                                                                                     
 Delete "scheduling of bills,"                                                                      
                                                                                                    
Page 2, lines 7 - 8:                                                                                
 Delete "other procedural matters,"                                                                 
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  10   NAYS:  28   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg, Joule,                                 
Kapsner, Kerttula, Lynn                                                                             
                                                                                                    

2004-05-07                     House Journal                      Page 3970
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Harris, Hawker, Heinze, Holm, Kohring, Kott, Masek,                                      
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
Amendment No. 7 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 2, line 25 - 26, following "legislators":                                                      
 Delete all material.                                                                               
 Insert "who are members of the same political party or a coalition,                                
who share a political philosophy, or who have a common goal and                                     
organize as a group;"                                                                               
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 7 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Samuels, Stoltze, Weyhrauch                                   
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Ogg, Rokeberg, Seaton, Stepovich,                                           
Williams, Wilson, Wolf                                                                              
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 7 was not adopted.                                                            
                                                                                                    

2004-05-07                     House Journal                      Page 3971
Amendment No. 8 was offered  by Representative Rokeberg:                                             
                                                                                                    
Page 2, lines 14 - 18:                                                                              
 Delete "the complaint shall be treated as two separate complaints                                  
with members of the group apportioned between them so that the                                      
legislative member is not disqualified from participating in a                                      
proceeding involving one of the complaints and the alternate is not                                 
disqualified from serving in a proceeding involving the other"                                      
 Insert "the member and alternate member are disqualified from                                      
serving on the committee with regard to the complaint.  The presiding                               
officer of the house in which the disqualified member serves shall                                  
appoint another member of that house to serve on the committee with                                 
regard to the complaint.  However, if a complaint alleges a violation                               
that includes all legislative members of the same political party of one                            
house, the presiding officer of that house shall request the presiding                              
officer of the other house to appoint from the other house an alternate                             
member of the same political party as the disqualified member to serve                              
with regard to the complaint, and the presiding officer of the other                                
house shall make an appointment"                                                                    
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 8 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 8 was adopted.                                                                        
                                                                                                    
                                                                                                    
Amendment No. 9 was offered  by Representative Rokeberg:                                             
                                                                                                    
Page 2, line 26, following "or":                                                                    
 Delete "who organize as a group with a common goal"                                                
 Insert "have a common goal and organize as a group"                                                
                                                                                                    
Page 4, following line 26:                                                                          
 Insert a new bill section to read:                                                                 
   "*Sec. 5. This Act takes effect immediately under AS 01.10.070(c)."                            
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 9 be adopted.                                                                         
                                                                                                    

2004-05-07                     House Journal                      Page 3972
Representative Gara objected.                                                                       
                                                                                                    
Amendment to Amendment No. 9 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
In Amendment No. 8, following, "member of that house":                                              
 Insert "of the same political party"                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 9 be adopted.  There being no                                            
objection, Amendment to Amendment No. 9 was adopted.                                                
                                                                                                    
                                                                                                    
There being no further objection, Amendment No. 9 as amended was                                    
adopted and the new title follows:                                                                  
                                                                                                    
    CS FOR HOUSE BILL NO. 563(JUD) am(efd add)                                                      
    "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; and providing for an                                
    effective date."                                                                                
                                                                                                    
                                                                                                    
Amendment No. 10 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 4, line 10, following "occurred.":                                                             
 Insert "Except to the extent that the confidentiality provisions                               
are waived by the subject of the complaint, the person filing a                                 
complaint shall keep confidential the fact that the person has filed                            
a complaint under this section as well as the contents of the                                   
complaint filed."                                                                               
                                                                                                    
Page 4, line 25, following "complaint.":                                                        
 Insert "Dismissal of a complaint under this subsection does not                                
affect the right of the committee or any person other than the                                  
complainant to initiate a complaint based on the same factual                                   
allegations."                                                                                   
                                                                                                    

2004-05-07                     House Journal                      Page 3973
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 10 be adopted.                                                                        
                                                                                                    
Representative Gara objected and withdrew the objection.  There                                     
being no further objection, Amendment No. 10 was adopted.                                           
                                                                                                    
Amendment No. 11 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 3, line 30, following "20":                                                                    
 Insert "and less than 90"                                                                      
                                                                                                    
Page 3, line 31, following "agrees to":                                                             
 Delete "an earlier"                                                                                
 Insert "a later [AN EARLIER]"                                                                  
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 11 be adopted.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 12 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 4, following line 25:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 4.  AS 24.60.170 is amended by adding a new subsection to                                 
read:                                                                                               
         (r)  At any point in the proceedings when the subject of a                                 
    complaint appears before  the committee, the subject of a                                       
    complaint may choose to be accompanied by legal counsel or                                      
    another person who may also present arguments before the                                        
    committee.  The choice of counsel or another person is not subject                              
    to review and approval or disapproval by the committee.  The                                    
    choice by the subject of a complaint to be accompanied under this                               
    subsection does not constitute a waiver of any confidentiality                                  
    provision in this chapter."                                                                     
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 12 be adopted.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    

2004-05-07                     House Journal                      Page 3974
Amendment No. 13 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 2, lines 19 - 20:                                                                              
 Delete "The legislative open meetings guidelines are subservient                                   
to the Uniform Rules adopted by the Alaska State Legislature."                                      
                                                                                                    
Page 2, line 21, following the first occurrence of "Rules":                                         
 Insert "adopted by the Alaska State Legislature"                                                   
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 13 be adopted.                                                                        
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 13 was adopted.                                                                       
                                                                                                    
Amendment No. 14 was offered  by Representatives Gruenberg and                                       
Rokeberg:                                                                                           
                                                                                                    
Page 1, line 14:                                                                                    
 Delete "legislative"                                                                               
 Insert "legislation"                                                                               
                                                                                                    
Page 3, line 16, following "leadership":                                                            
 Insert "meetings"                                                                                  
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 14 be adopted.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 15 was offered  by Representative Gruenberg:                                           
                                                                                                    
Page 4, line 25:                                                                                    
 Delete "shall immediately dismiss the complaint"                                               
 Insert "may dismiss the complaint or take any other action it                                  
deems appropriate"                                                                              
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 15 be adopted.                                                                        
                                                                                                    

2004-05-07                     House Journal                      Page 3975
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 15 be adopted?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 563(JUD) am(efd add)                                                                           
Second Reading                                                                                      
Amendment No. 15                                                                                    
                                                                                                    
YEAS:  16   NAYS:  22   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Holm, Joule, Kapsner, Kerttula, Lynn,                                        
McGuire, Stoltze                                                                                    
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Harris, Hawker,                                   
Heinze, Kohring, Kott, Masek, Meyer, Morgan, Ogg, Rokeberg,                                         
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, Amendment No. 15 was not adopted.                                                           
                                                                                                    
                                                                                                    
CSHB 563(JUD) am(efd add) was automatically in third reading.                                       
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 563(JUD) am(efd add) pass the                                      
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 563(JUD) am(efd add)                                                                           
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  8   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring,                                   
Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg,                                        
Kerttula, Lynn                                                                                      
                                                                                                    

2004-05-07                     House Journal                      Page 3976
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, CSHB 563(JUD) am(efd add) passed the House.                                                 
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on CSHB 563(JUD) am(efd add).                                                                       
                                                                                                    
                      THIRD READING OF SENATE BILLS                                              
                                                                                                    
SB 31                                                                                             
The following, which was advanced to third reading from the May 6,                                  
2004, calendar (page 3900), was read the third 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."                                
                                                                                                    
The question being:  "Shall CSSB 31(RES) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSSB 31(RES) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                             
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
Absent:  Chenault, Wolf                                                                             
                                                                                                    
And so, CSSB 31(RES) am passed the House and was signed by the                                      
Speaker and Chief Clerk and returned to the Senate.                                                 
                                                                                                    
                      SENATE BILLS IN THIRD READING                                              
                                                                                                    
SB 194                                                                                            
The following, which had been held in third reading from the May 6,                                 
2004, calendar (page 3917), was again before the House:                                             

2004-05-07                     House Journal                      Page 3977
    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 question being:  "Shall HCS CSSB 194(L&C) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 194(L&C)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                             
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
Absent:  Chenault, Wolf                                                                             
                                                                                                    
And so, HCS CSSB 194(L&C) passed the House.                                                         
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCS CSSB 194(L&C).                                                                               
                                                                                                    
                                                                                                    
                   SECOND READING OF HOUSE RESOLUTIONS                                           
                                                                                                    
HCR 36                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 36                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 30,                                    
    relating to information and services available to pregnant women.                               
                                                                                                    
                                                                                                    
The question being:  "Shall HCR 36 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2004-05-07                     House Journal                      Page 3978
                                                                                                    
HCR 36                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  6   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner,                                     
Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Guttenberg, Kerttula                                      
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
And so, HCR 36 passed the House.                                                                    
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCR 36.                                                                                          
                                                                                                    
HCR 39                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 39                                                              
    Establishing the Alaska Royalty and Revenue Task Force.                                         
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 RLS RPT CS(RLS) NT 4DP 3NR                                         3930                            
 FN1: (LEG)                                                         3931                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS)                                                  
    Establishing the Alaska Royalty and Revenue Committee.                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    

2004-05-07                     House Journal                      Page 3979
Amendment No. 2 was offered  by Representatives Kerttula and                                         
Rokeberg:                                                                                           
                                                                                                    
Page 2, line 27, following "FURTHER RESOLVED that"                                                
 Insert "among other matters"                                                                       
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative Meyer moved and asked unanimous consent that he be                                   
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Meyer was required to vote.                                 
                                                                                                    
                                                                                                    
The question being:  "Shall CSHCR 39(RLS) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHCR 39(RLS) am                                                                                    
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  5   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker,                                
Heinze, Joule, Kapsner, Kerttula, Kott, Lynn, McGuire, Meyer,                                       
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Foster, Gatto, Holm, Kohring, Weyhrauch                                                      
                                                                                                    
Excused:  Kookesh, Moses                                                                            
                                                                                                    
Absent:  Masek                                                                                      
                                                                                                    
And so, CSHCR 39(RLS) am passed the House and was referred to                                       
the Chief Clerk for engrossment.                                                                    
                                                                                                    
                                                                                                    
HCR 40                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-07                     House Journal                      Page 3980
    HOUSE CONCURRENT RESOLUTION NO. 40                                                              
    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.                                                                       
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, HCR 40 would be held to                                 
tomorrow's calendar.                                                                                
                                                                                                    
                                                                                                    
                          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:                             
                                                                                                    
In Memoriam - Sonya Dora Ivanoff                                                                    
By Senator Olson; Representatives Foster, Kott, Anderson, Berkowitz,                                
Chenault, Cissna, Coghill, 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                                                                                                
                                                                                                    
In Memoriam - W.W. "Bud" Kasulka                                                                    
By Senator Gary Stevens; 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                                                                                        
                                                                                                    
In Memoriam - Joseph Maxwell "Max" Hamilton                                                         
By Senator Gary Stevens; 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                                                                                        
                                                                                                    

2004-05-07                     House Journal                      Page 3981
In Memoriam - Susan Tanape                                                                          
By Senator Gary Stevens; 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                                                                                        
                                                                                                    
In Memoriam - Betty Lorenson                                                                        
By Senator Gary Stevens; Representatives Ogg, 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,                                   
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Mike Tunahon                                                                          
By Senator Gary Stevens; Representatives Ogg, 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,                                   
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
                           UNFINISHED BUSINESS                                                   
HB 468                                                                                            
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 3920), will be held to                                
May 8, 2004:                                                                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 468(JUD)(ct rule fld)                                                     
    "An Act relating to the amount of the bond required to stay                                     
    execution of a judgment in civil litigation involving a signatory, a                            
    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 461                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    

2004-05-07                     House Journal                      Page 3982
    CS FOR HOUSE BILL NO. 461(STA) am                                                               
    "An Act relating to enhanced 911 surcharges and to 911 and                                      
    emergency services dispatch systems."                                                           
                                                                                                    
SB 282                                                                                            
Representatives Wilson, Guttenberg, and Seaton added their names as                                 
cross sponsors to:                                                                                  
                                                                                                    
    CS FOR SENATE BILL NO. 282(RES)                                                                 
    "An Act relating to the identification of finfish in food products                              
    and to the misbranding of food products consisting of or                                        
    containing finfish."                                                                            
                                                                                                    
                                                                                                    
SB 349                                                                                            
Representatives Cissna, Weyhrauch, Guttenberg, and Gara added their                                 
names as cross sponsors to:                                                                         
                                                                                                    
    SENATE BILL NO. 349                                                                             
    "An Act requiring licensure of midwifery birth centers; and                                     
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
SJR 25                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was signed by the Speaker and Chief Clerk and returned to the                              
Senate:                                                                                             
                                                                                                    
    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.                                                               
                                                                                                    
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HCR 39                                                                                            
CSHCR 39(RLS) am  was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2004-05-07                     House Journal                      Page 3983
SB 273                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
    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."                                     
                                                                                                    
SB 365                                                                                            
HCS CSSB 365(FIN) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 1:00 p.m., May 8, 2004.  There being no                                         
objection, the House adjourned at 1:38 a.m., May 8, 2004.                                           
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk