Legislature(2003 - 2004)

2004-05-08 House Journal

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2004-05-08                     House Journal                      Page 3987
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                  Saturday                   May 8, 2004                            
                                                                                                    
                       One Hundred Eighteenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 1:58 p.m.                                                                                   
                                                                                                    
Roll call showed 33 members present.  Representative Kookesh had                                    
been previously excused from a call of the House today.                                             
Representatives Crawford, Gara, Guttenberg, Joule, Kapsner, and                                     
Kerttula were absent and their presence was noted later.                                            
                                                                                                    
The invocation was offered by the Chaplain, Representative                                          
Gruenberg.  Representative Meyer moved and asked unanimous                                          
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
    Friends and colleagues,                                                                         
    A boy was flying a kite on a very foggy day.  It was invisible                                  
    in the ground fog; the string just stretched up into the mist.  A                               
    passerby wondered what fun there could be in flying a kite                                      
    that could not be seen.  The boy replied, "Though I cannot see                                  
    the kite, I can feel it because it is tugging on my spindle."                                   
                                                                                                    
    As the last week of the second session of the Twenty-third                                      
    State Legislature approaches, things are beginning to move                                      
    fast - sometimes too fast and too subtly for us to see, but if we                               
    feel events around us, and if we remain sensitive to our                                        
    environment, and if we remain sensitive to the needs and                                        
    feelings of others, our own kites will remain steady and                                        
    flying.                                                                                         
                                                                                                    
    A week ago in the "Pickles" comic strip in the Anchorage                                        
    Daily News, little Nelson, age about eight, was flying his kite,                                

2004-05-08                     House Journal                      Page 3988
    while his Grandpa, Earl, lay nearby on the grass.  Earl looked                                  
    at his watch and said to Nelson, "It's dinner time, want to                                     
    come home?"  Nelson looked at his high-flying kite and said,                                    
    "No."  Earl took out a pair of scissors and cut the string.                                     
    Nelson looked down at the kite-less string as Earl asked him,                                   
    "Want to come home now?"                                                                        
                                                                                                    
    So, Lord, remember to remind us to feel our kites, even when                                    
    we can't see them and also remind us to know when it's time                                     
    to go home.  Amen.                                                                              
                                                                                                    
The Pledge of Allegiance was led by Representative Williams.                                        
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 522                                                                                            
A message dated May 7, 2004, was read stating the Senate has passed:                                
                                                                                                    
    HOUSE BILL NO. 522 am                                                                           
    "An Act relating to discharges from small commercial passenger                                  
    vessels; and providing for an effective date."                                                  
                                                                                                    
HB 522 am was referred to the Chief Clerk for enrollment.                                           
                                                                                                    
                                                                                                    
HB 540                                                                                            
A message dated May 7, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 540(L&C)                                                                  
    "An Act relating to workers' compensation insurance rates; and                                  
    providing for an effective date."                                                               
                                                                                                    
CSHB 540(L&C) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
**The presence of Representative Guttenberg was noted.                                              
                                                                                                    
HB 339                                                                                            
A message dated May 7, 2004, was read stating the Senate has passed:                                
                                                                                                    

2004-05-08                     House Journal                      Page 3989
    CS FOR HOUSE BILL NO. 339(JUD)                                                                  
    "An Act relating to opt-out marketing plans for sales, to free trial                            
    periods for goods or services, and to acts that are unlawful as                                 
    unfair trade practices."                                                                        
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 339(JUD)                                                    
    (same title)                                                                                    
                                                                                                    
                                                                                                    
CSHB 339(JUD) is under Unfinished Business.                                                         
                                                                                                    
SB 203                                                                                            
A message dated May 6, 2004, was read stating the Senate has                                        
concurred in the House amendment to CSSB 203(FIN) am, thus                                          
adopting:                                                                                           
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 203(FIN)                                                    
    "An Act relating to administrative hearings, to hearing officers,                               
    and to administrative law judges; establishing the office of                                    
    administrative hearings and relating to that office; and providing                              
    for an effective date."                                                                         
                                                                                                    
                                                                                                    
A message dated May 7, 2004, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 97                                                                                             
CS FOR SENATE BILL NO. 97(JUD) am(ct rule fld)(efd fld) by the                                      
Senate Judiciary Committee, entitled:                                                               
                                                                                                    
    "An Act relating to public interest litigants and to attorney fees                              
    and costs and the posting of bonds or other security."                                          
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    

2004-05-08                     House Journal                      Page 3990
SB 254                                                                                            
CS FOR SENATE BILL NO. 254(FIN)(efd fld) by the Senate Finance                                      
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to tourism marketing contracts."                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
SB 326                                                                                            
CS FOR SENATE BILL NO. 326(STA) by the Senate State Affairs                                         
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to investments of Alaska permanent fund assets;                                
    and providing for an effective date."                                                           
                                                                                                    
    (similar to HB 466)                                                                             
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
**The presence of Representative Crawford was noted.                                                
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Natural Resources                                                                          
Annual Report                                                                                       
State Land Reforestation Fund                                                                       
(as required by AS 41.17.320)                                                                       
                                                                                                    
**The presence of Representative Gara was noted.                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 560                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    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."                                                                                
                                                                                                    

2004-05-08                     House Journal                      Page 3991
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 Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kott, Samuels, Wolf, Morgan                                                           
                                                                                                    
No recommendation (1):  Cissna                                                                      
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 560(TRA):                                                
                                                                                                    
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 560 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 179                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 179(FIN)                                                                 
    "An Act relating to criminal history records and background                                     
    checks; allowing persons to teach in the public schools for up to                               
    five months without a teaching certificate if the person has applied                            
    for a certificate and the application has not been acted upon by the                            
    Department of Education and Early Development due to a delay in                                 
    receiving criminal history records; allowing teacher certification                              
    for certain persons based on a criminal history background check                                
    without fingerprints; and providing for an effective date."                                     
                                                                                                    

2004-05-08                     House Journal                      Page 3992
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 179(JUD)                                                    
    "An Act relating to criminal history records and background                                     
    checks; allowing teacher certification for certain persons based on                             
    a criminal history background check without fingerprints; and                                   
    providing for an effective date."                                                               
                                                                                                    
    (HCR 42 - title change resolution)                                                              
                                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  McGuire                                                                               
                                                                                                    
No recommendation (4):  Samuels, Holm, Gara, Ogg                                                    
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 179(JUD):                                            
                                                                                                    
2.  Zero, Dept. of Public Safety                                                                    
3.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
                                                                                                    
CSSB 179(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
                                                                                                    
SB 190                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 190(STA)                                                                 
    "An Act adding certain state-owned land and water to the Kenai                                  
    River Special Management Area; relating to the mineral estate of                                
    the state-owned land and water in the Kenai River Special                                       
    Management Area; relating to the Kenai River Special                                            
    Management Area advisory board; and providing for an effective                                  
    date."                                                                                          
                                                                                                    

2004-05-08                     House Journal                      Page 3993
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS SENATE BILL NO. 190(RLS)                                                        
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  McGuire, Coghill                                                                      
                                                                                                    
Do not pass (1):  Rokeberg                                                                          
                                                                                                    
No recommendation (3):  Berkowitz, Morgan, Kerttula                                                 
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 190(RLS):                                            
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
2.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
CSSB 190(STA) was returned to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
SB 217                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 217(JUD)                                                                 
    "An Act relating to genetic privacy."                                                           
                                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Samuels, Holm, Gara, Gruenberg, Ogg, Anderson,                                        
McGuire                                                                                             
                                                                                                    
The Committee adopted the Senate letter of intent (Senate Journal                                   
page 2404).                                                                                         
                                                                                                    

2004-05-08                     House Journal                      Page 3994
The following fiscal note(s) apply:                                                                 
                                                                                                    
3.  Zero, Alaska Court System                                                                       
4.  Zero, Dept. of Law                                                                              
5.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
CSSB 217(JUD) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 282                                                                                            
The Labor & Commerce Committee 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."                                                                            
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Gatto, Guttenberg, Anderson                                                 
                                                                                                    
No recommendation (3):  Lynn, Rokeberg, Dahlstrom                                                   
                                                                                                    
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 Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 284                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 284(FIN) am                                                              
    "An Act making information on a permanent fund dividend                                         
    application, other than the applicant's name, confidential, and                                 
    relating to disclosure of that confidential information; and relating                           
    to confidential information in voter registration records."                                     
                                                                                                    

2004-05-08                     House Journal                      Page 3995
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 284(JUD)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Gara, Gruenberg, Anderson, McGuire                                           
                                                                                                    
No recommendation (2):  Holm, Ogg                                                                   
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 284(JUD):                                            
                                                                                                    
2.  Zero, Dept. of Revenue                                                                          
3.  Zero, Office of the Governor                                                                    
                                                                                                    
CSSB 284(FIN) am was referred to the Rules Committee for                                            
placement on the calendar.                                                                          
                                                                                                    
SB 379                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 379(FIN)                                                                 
    "An Act providing that public members of the Board of Trustees                                  
    of the Alaska Permanent Fund Corporation may be removed only                                    
    for cause; and providing for an effective date."                                                
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Coghill, Rokeberg                                                                     
                                                                                                    
No recommendation (3):  McGuire, Morgan, Kerttula                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Revenue                                                                          
                                                                                                    

2004-05-08                     House Journal                      Page 3996
CSSB 379(FIN) was returned to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Norman Sutliff                                                                           
By Representative Ogg                                                                               
                                                                                                    
Honoring - James Nestic, Mayor of Old Harbor                                                        
By Representative Ogg                                                                               
                                                                                                    
Honoring - Luke Hopkins for 30 Years of Service to UAF                                              
By Representative Guttenberg                                                                        
                                                                                                    
Honoring - Captain Paul Gonzalez                                                                    
By Representative McGuire                                                                           
                                                                                                    
In Memoriam - Gary Dean Ackerman, Sr.                                                               
By Representative Guttenberg                                                                        
                                                                                                    
In Memoriam - Justice Roger George Connor                                                           
By Representative Gruenberg                                                                         
                                                                                                    
In Memoriam - Robert Weiser and Donna Weiser                                                        
By Representative Gruenberg                                                                         
                                                                                                    
**The presence of Representative Kapsner was noted.                                                 
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HCR 42                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 42 by the House                                                     
Judiciary Committee:                                                                                
                                                                                                    

2004-05-08                     House Journal                      Page 3997
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 179,                                   
    relating to criminal history records, background checks, and                                    
    teacher certification.                                                                          
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 260                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 260(TRA) am                                                              
    "An Act relating to metropolitan planning organizations and to the                              
    policy board of the metropolitan planning organization for the                                  
    Anchorage metropolitan area; relating to transportation planning                                
    in federally recognized metropolitan planning areas; and providing                              
    for an effective date."                                                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT HCS(TRA) 3DP 1DNP                                         3055                             
 FN1: ZERO(DOT)                                                    3055                             
 CRA RPT HCS(TRA) 4DP 2DNP                                         3888                             
 FN1: ZERO(DOT)                                                    3888                             
                                                                                                    
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. 260(TRA)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-05-08                     House Journal                      Page 3998
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 17 through page 3, line 31:                                                            
 Delete all material.                                                                               
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
**The presence of Representative Joule was noted.                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 260(TRA)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  24   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gruenberg,                                
Guttenberg, Joule, Kerttula, Masek, Moses, Weyhrauch                                                
                                                                                                    
Nays:  Anderson, Chenault, Dahlstrom, Fate, Foster, Gatto, Harris,                                  
Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer,                                          
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Wilson,                                 
Wolf                                                                                                
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Kapsner, Williams                                                                          
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 260(TRA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS CSSB 260(TRA) will advance to third reading on tomorrow's                                       
calendar.                                                                                           
                                                                                                    

2004-05-08                     House Journal                      Page 3999
SB 288                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT 5DP 1DNP                                                  3135                             
 FN1: (HSS)                                                        3136                             
 JUD RPT 7DP                                                       3890                             
 FN1: (HSS)                                                        3891                             
 FIN RPT 3DP 5NR                                                   3934                             
 FN1: (HSS)                                                        3935                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 288(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 288(JUD) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSSB 288(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSB 288(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  1   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kerttula, Kott, Lynn, Masek, McGuire,                                         
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Wilson, Wolf                                                                    
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    

2004-05-08                     House Journal                      Page 4000
Absent:  Berkowitz, Joule, Kapsner, Williams                                                        
                                                                                                    
And so, CSSB 288(JUD) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSSB 288(JUD) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
SB 351                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 351(FIN)                                                                 
    "An Act requiring the Alaska Public Offices Commission to                                       
    accept documents by nonelectronic means, and specifying the                                     
    manner of preparing the forms that are provided by the                                          
    commission."                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT HCS(STA) 2DP 2DNP 1NR                                     3537                             
 FN1: INDETERMINATE(ADM)                                           3538                             
 FIN RPT HCS(STA) 7DP 1NR                                          3892                             
 FN1: INDETERMINATE(ADM)                                           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. 351(STA)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 351(STA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    

2004-05-08                     House Journal                      Page 4001
HCS CSSB 351(STA) was read the third time.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall HCS CSSB 351(STA) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 351(STA)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  4   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kott, Masek,                                        
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                              
Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                                         
                                                                                                    
                                                                                                    
Nays:  Crawford, Kohring, Lynn, Seaton                                                              
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, HCS CSSB 351(STA) passed the House and was referred to                                      
the Chief Clerk for engrossment.                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 414                                                                                            
The Conference Committee with limited powers of free conference                                     
considering CSHB 414(JUD) and SCS CSHB 414(JUD) recommends                                          
the following be adopted:                                                                           
                                                                                                    
    CONFERENCE CS FOR HOUSE BILL NO. 414                                                            
    "An Act relating to filling a vacancy in the office of United States                            
    senator, and to the definition of 'political party'; and providing for                          
    an effective date."                                                                             
                                                                                                    

2004-05-08                     House Journal                      Page 4002
The following fiscal note(s) apply to CCS HB 414:                                                   
                                                                                                    
2.  Zero, Office of the Governor                                                                    
                                                                                                    
The report was signed by Representatives McGuire (Chair), Anderson,                                 
Crawford; and Senators Seekins (Chair), Wagoner, French.                                            
                                                                                                    
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee with limited powers of free conference report, thus                                       
adopting CCS HB 414.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee with limited powers of free conference report?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CCS HB 414                                                                                          
Adopt                                                                                               
                                                                                                    
                                                                                                    
YEAS:  27   NAYS:  0   EXCUSED:  1   ABSENT:  12                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Foster, Gara,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kott, Lynn, McGuire, Morgan, Moses, Ogg, Rokeberg, Samuels,                                         
Seaton, Stoltze, Weyhrauch, Wilson, Wolf                                                            
                                                                                                    
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
                                                                                                    
Absent:  Anderson, Chenault, Dahlstrom, Fate, Gatto, Harris, Heinze,                                
Kohring, Masek, Meyer, Stepovich, Williams                                                          
                                                                                                    
And so, the House adopted the Conference Committee with limited                                     
powers of free conference report, thus adopting CCS HB 414.                                         
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    

2004-05-08                     House Journal                      Page 4003
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 461                                                                                            
The following, which was advanced to third reading from the May 7,                                  
2004, calendar (page 3957), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 461(STA) am                                                               
    "An Act relating to enhanced 911 surcharges and to 911 and                                      
    emergency services dispatch systems."                                                           
                                                                                                    
Representative Holm placed a call of the House and lifted the call.                                 
                                                                                                    
The question being:  "Shall CSHB 461(STA) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 461(STA) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kapsner, Kerttula, Kott, Lynn, McGuire,                                       
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
Nays:  Coghill, Joule, Kohring, Masek, Stoltze, Wolf                                                
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, CSHB 461(STA) am passed the House.                                                          
                                                                                                    
Representative Joule gave notice of reconsideration of the vote on                                  
CSHB 461(STA) am.                                                                                   
                                                                                                    
Representative Holm moved and asked unanimous consent that                                          
reconsideration of CSHB 461(STA) am be taken up on the same day.                                    
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2004-05-08                     House Journal                      Page 4004
Representative Holm moved and asked unanimous consent to                                            
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 3:29 p.m.                                                             
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:50 p.m.                                             
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 260                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 260(JUD)                                                                  
    "An Act relating to immunity for free health care services                                      
    provided by certain health care providers; and providing for an                                 
    effective date."                                                                                
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 260(JUD)                                                    
    (same title)                                                                                    
                                                                                                    
CSHB 260(JUD) is under Unfinished Business.                                                         
                                                                                                    
HB 336                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 336(JUD) am                                                               
    "An Act relating to motor vehicle insurance; limiting recovery of                               
    civil damages by an uninsured driver; and providing for an                                      
    effective date."                                                                                
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    

2004-05-08                     House Journal                      Page 4005
    SENATE CS FOR CS FOR HOUSE BILL NO. 336(JUD)(efd                                                
    fld S)                                                                                          
    "An Act relating to motor vehicle insurance; and limiting recovery                              
    of civil damages by an uninsured driver."                                                       
                                                                                                    
    (technical title change)                                                                        
                                                                                                    
CSHB 336(JUD) am is under Unfinished Business.                                                      
                                                                                                    
HB 438                                                                                            
A message dated May 7, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 438(JUD) am                                                               
    "An Act relating to motorists moving over or slowing down for                                   
    emergency vehicles."                                                                            
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA)                                                    
    (same title)                                                                                    
                                                                                                    
CSHB 438(JUD) am is under Unfinished Business.                                                      
                                                                                                    
Messages dated May 8, 2004, were read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 302                                                                                            
CS FOR SENATE BILL NO. 302(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to the authority to take oaths, affirmations, and                              
    acknowledgments in the state, to notarizations, to verifications, to                            
    acknowledgments, to fees for issuing certificates with the seal of                              
    the state affixed, and to notaries public; and providing for an                                 
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2004-05-08                     House Journal                      Page 4006
SB 395                                                                                            
CS FOR SENATE BILL NO. 395(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
    "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."                                                    
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 30                                                                                             
The following, which was advanced to third reading from the May 7,                                  
2004, calendar (page 3959), was read the third time:                                                
                                                                                                    
    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."                                                                      
                                                                                                    
    (HCR 36 - title change resolution)                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Holm be excused from a call of the House today to                                    
10:00 a.m., plane time, May 10, 2004.  There being no objection, it                                 
was so ordered.                                                                                     
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HCS CSSB 30(JUD) be returned to second reading for the specific                                     
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 1 was offered  by Representative Kerttula:                                             
                                                                                                    
                                                                                                    

2004-05-08                     House Journal                      Page 4007
Page 1, following line 5:                                                                           
 Delete all material.                                                                               
 Insert a new bill section to read:                                                                 
   "*Section 1. AS 18.05.032 is amended by adding a new section to                                
read:                                                                                               
     Section 18.05.032. Information relating to pregnancy and                                     
    pregnancy alternatives.  Before providing abortion services, a                                
    physician shall ensure that the patient was provided the                                        
    information required under AS 09.55.556."                                                       
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
Representative Lynn moved and asked unanimous consent that he be                                    
allowed to abstain from voting on the bill because of a conflict of                                 
interest.  Objection was heard, and Representative Lynn was required                                
to vote.                                                                                            
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 30(JUD)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  24   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Heinze, Joule, Kapsner, Kerttula, Moses, Weyhrauch                                      
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Hawker, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                    
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    

2004-05-08                     House Journal                      Page 4008
Representative Cissna moved and asked unanimous consent that HCS                                    
CSSB 30(JUD) be returned to second reading for the specific purpose                                 
of considering Amendment No. 2.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representatives Cissna and                                           
Kerttula:                                                                                           
                                                                                                    
Page 3, line 11, following "typical":                                                               
 Delete "unborn child"                                                                              
 Insert "fetus"                                                                                     
                                                                                                    
Page 3, line 13, following "typical":                                                               
 Delete "unborn child"                                                                              
 Insert "fetus"                                                                                     
                                                                                                    
Page 3, line 14, following "an":                                                                    
 Delete "unborn children"                                                                           
 Insert "fetuses"                                                                                   
                                                                                                    
Page 3, line 18, following "about":                                                                 
 Delete "unborn children"                                                                           
 Insert "fetuses"                                                                                   
                                                                                                    
Page 4, line 5, following "an":                                                                     
 Delete "unborn child's"                                                                            
 Insert "fetus's"                                                                                   
                                                                                                    
Page 4, line 23, following "the":                                                                   
 Delete "unborn child"                                                                              
 Insert "fetus"                                                                                     
                                                                                                    
Page 4, lines 25 - 26:                                                                              
 Delete all material.                                                                               
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    

2004-05-08                     House Journal                      Page 4009
Representative Berkowitz placed a call of the House and lifted the call.                            
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 30(JUD)                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Moses, Samuels, Seaton,                                       
Weyhrauch, Williams                                                                                 
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Ogg, Rokeberg, Stepovich, Stoltze, Wilson, Wolf                                      
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HCS CSSB 30(JUD) be returned to second reading for the specific                                     
purpose of considering Amendment No. 3.                                                             
                                                                                                    
Representative Dahlstrom objected and withdrew the objection.  There                                
being no further objection, it was so ordered.                                                      
                                                                                                    
Amendment No. 3 was offered  by Representative Gruenberg:                                            
                                                                                                    
Page 5, line 13 through page 6, line 1:                                                             
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
Representative Wilson placed a call of the House and lifted the call.                               
                                                                                                    

2004-05-08                     House Journal                      Page 4010
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 30(JUD)                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  21   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Fate, Gara, Gruenberg,                                   
Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kott, McGuire, Moses,                                 
Samuels, Weyhrauch                                                                                  
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris,                               
Heinze, Kohring, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg,                                         
Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Representative Dahlstrom placed a call of the House.                                                
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall HCS CSSB 30(JUD) pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 30(JUD)                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Moses                                                         
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, HCS CSSB 30(JUD) passed the House.                                                          
                                                                                                    

2004-05-08                     House Journal                      Page 4011
Representative Dahlstrom gave notice of reconsideration of the vote                                 
on HCS CSSB 30(JUD).                                                                                
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 30                                                                                             
Representative Dahlstrom moved and asked unanimous consent that                                     
reconsideration of HCS CSSB 30(JUD) be taken up on the same day.                                    
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question to be reconsidered:  "Shall reconsideration of HCS CSSB                                
30(JUD) be taken up on the same day?"  The roll was taken with the                                  
following result:                                                                                   
                                                                                                    
HCS CSSB 30(JUD)--RECONSIDERATION                                                                   
Third Reading                                                                                       
Take up Reconsideration on the Same Day                                                             
                                                                                                    
YEAS:  27   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Moses                                                         
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    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."                                                                      
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 30(JUD) pass the                                  
House?"  The roll was taken with the following result:                                              

2004-05-08                     House Journal                      Page 4012
                                                                                                    
HCS CSSB 30(JUD)--RECONSIDERATION                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Moses                                                         
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, HCS CSSB 30(JUD) passed the House on reconsideration and                                    
was referred to the Chief Clerk for engrossment.                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                              (continued)                                                          
                                                                                                    
SB 170                                                                                            
The following, which was advanced to third reading from the May 7,                                  
2004, calendar (page 3960), was read the third time:                                                
                                                                                                    
    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                              

2004-05-08                     House Journal                      Page 4013
    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."                                                               
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HCS CSSB 170(FIN) be returned to second reading for the specific                                    
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Gara, Berkowitz,                                     
and Kerttula:                                                                                       
                                                                                                    
Page 8, line 19, following "treatment" through line 21:                                             
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 170(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  19   EXCUSED:  2   ABSENT:  7                                                  
                                                                                                    
Yeas:  Cissna, Crawford, Fate, Gara, Gruenberg, Guttenberg, Joule,                                  
Kerttula, Masek, Moses, Seaton, Weyhrauch                                                           
                                                                                                    
Nays:  Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Heinze,                                   
Kohring, Kott, Lynn, Morgan, Ogg, Rokeberg, Samuels, Stepovich,                                     
Stoltze, Williams, Wilson, Wolf                                                                     
                                                                                                    

2004-05-08                     House Journal                      Page 4014
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Anderson, Berkowitz, Chenault, Croft, Kapsner, McGuire,                                    
Meyer                                                                                               
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HCS CSSB 170(FIN) be returned to second reading for the specific                                    
purpose of considering Amendment No. 2.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 2 was offered  by Representatives Kerttula, Gara, and                                  
Berkowitz:                                                                                          
                                                                                                    
Page 11, line 4 through page 12, line 11:                                                           
 Delete all material.                                                                               
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
Representative Samuels placed a call of the House and lifted the call.                              
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 170(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Fate, Gara, Gruenberg,                                          
Guttenberg, Joule, Kapsner, Kerttula, Masek, Ogg, Weyhrauch                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Foster, Gatto,                                
Harris, Hawker, Heinze, Kohring, Kott, Lynn, McGuire, Meyer,                                        
Morgan, Moses, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    

2004-05-08                     House Journal                      Page 4015
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
The question being:  "Shall HCS CSSB 170(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 170(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  8   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Joule, Kapsner, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg,                                       
Samuels, Stepovich, Stoltze, Williams, Wilson, Wolf                                                 
                                                                                                    
Nays:  Crawford, Gara, Kerttula, Kohring, Masek, Ogg, Seaton,                                       
Weyhrauch                                                                                           
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Cissna, Moses                                                                              
                                                                                                    
And so, HCS CSSB 170(FIN) passed the House.                                                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on HCS CSSB 170(FIN).                                                                               
                                                                                                    
SB 272                                                                                            
The following, which was advanced to third reading from the May 7,                                  
2004, calendar (page 3964), was read the third time:                                                
                                                                                                    
    CS FOR SENATE BILL NO. 272(FIN) am H                                                            
    "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."                               
                                                                                                    

2004-05-08                     House Journal                      Page 4016
Representative Anderson placed a call of the House.                                                 
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall CSSB 272(FIN) am H pass the House?"                                     
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 272(FIN) am H                                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  25   NAYS:  13   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kott, Lynn, Masek, McGuire, Meyer,                                          
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Wilson, Wolf                                                                             
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kohring, Moses, Williams                                      
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, CSSB 272(FIN) am H passed the House.                                                        
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the question be divided.                                                                            
                                                                                                    
The Speaker ruled the question was divisible.  There being no                                       
objection, the question of the effective date clauses was divided.                                  
                                                                                                    
Representative Coghill moved the effective date clause in Section 7.                                
                                                                                                    
The question being:  "Shall the effective date clause in Section 7 be                               
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSSB 272(FIN) am H                                                                                  
Third Reading                                                                                       
Effective Date in Section 7                                                                         
                                                                                                    
YEAS:  28   NAYS:  10   EXCUSED:  2   ABSENT:  0                                                  

2004-05-08                     House Journal                      Page 4017
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek,                                          
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kapsner, Kerttula, Moses                                                                     
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, the effective date clause in Section 7 was adopted.                                         
                                                                                                    
Representative Coghill moved the effective date clause in Section 8.                                
                                                                                                    
The question being:  "Shall the effective date clause in Section 8 be                               
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSSB 272(FIN) am H                                                                                  
Third Reading                                                                                       
Effective Date in Section 8                                                                         
                                                                                                    
YEAS:  35   NAYS:  3   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn,                                      
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Crawford, Gara, Moses                                                                        
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, the effective date clause in Section 8 was adopted.                                         
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on CSSB 272(FIN) am H.                                                                              
                                                                                                    
                  HOUSE RESOLUTIONS IN SECOND READING                                            
                                                                                                    
HCR 40                                                                                            
The following which was read the second time and held to today's                                    
calendar (page 3980), was again before the House:                                                   
                                                                                                    

2004-05-08                     House Journal                      Page 4018
    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 question being:  "Shall HCR 40 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 40                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  7   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Guttenberg, Harris, Hawker, Heinze, Joule,                                     
Kapsner, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                         
                                                                                                    
Nays:  Cissna, Crawford, Gara, Gruenberg, Kerttula, Kohring,                                        
Weyhrauch                                                                                           
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, HCR 40 passed the House.                                                                    
                                                                                                    
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on HCR 40.                                                                                          
                                                                                                    
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SJR 33                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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.                                                       
                                                                                                    

2004-05-08                     House Journal                      Page 4019
with the:                                                  Journal Page                             
                                                                                                    
 STA REFERRAL WAIVED                                               3868                             
 JUD RPT 3DP 2DNP 1NR                                              3933                             
 FN1: ZERO(S.STA)                                                  3934                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSJR 33(STA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
CSSJR 33(STA) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 563                                                                                            
Representative Rokeberg brought up reconsideration of the vote on                                   
CSHB 563(JUD) am(efd add) (page 3976).                                                              
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    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."                                                               
                                                                                                    
Representative Seaton moved and asked unanimous consent that                                        
CSHB 563(JUD) am(efd add) be returned to second reading for the                                     
specific purpose of considering Amendment No. 16.  There being no                                   
objection, it was so ordered.                                                                       
                                                                                                    
Amendment No. 16 was offered  by Representative Seaton:                                              
                                                                                                    
Page 2, line 26:                                                                                    
 Delete all material.                                                                               

2004-05-08                     House Journal                      Page 4020
 Insert "philosophy, or have a common goal, and who organize as a                                   
group;"                                                                                             
                                                                                                    
Representative Seaton moved and asked unanimous consent that                                        
Amendment No. 16 be adopted.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
CSHB 563(JUD) am(efd add) be returned to second reading for the                                     
purpose of rescinding previous action in adopting Amendment No. 8.                                  
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that the                                  
House rescind previous action in adopting Amendment No. 8.                                          
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
adopting Amendment No. 8?"  The roll was taken with the following                                   
result:                                                                                             
                                                                                                    
CSHB 563(JUD) am(efd add)--RECONSIDERATION                                                          
Second Reading                                                                                      
Rescind Previous Action/Amendment No. 8                                                             
                                                                                                    
YEAS:  30   NAYS:  8   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kohring, Kott,                                   
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg,                                        
Kerttula, Moses                                                                                     
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
Representative Rokeberg moved and asked unanimous consent to                                        
withdraw Amendment No. 8.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    

2004-05-08                     House Journal                      Page 4021
Representative Rokeberg moved and asked unanimous consent that                                      
CSHB 563(JUD) am(efd add) be returned to second reading for the                                     
specific purpose of considering Amendment No. 17.  There being no                                   
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
Amendment No. 17 was offered  by Representative Rokeberg:                                            
                                                                                                    
Page 2, line 14, through line 18:                                                                   
 Delete all material.                                                                               
 Insert "the committee and that member's alternate, 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 members serve shall appoint another member of                                
that house of the same political party 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 appoint from the other                             
house an alternate member of the same political party as the                                        
disqualified members to serve with regard to the complaint."                                        
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 17 be adopted.                                                                        
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Representative Rokeberg moved and asked unanimous consent to                                        
withdraw Amendment No. 17.  There being no objection, it was so                                     
ordered.                                                                                            
                                                                                                    
New Amendment No. 17 was offered  by Representative Rokeberg:                                        
                                                                                                    
Page 2, line 14, through line 18:                                                                   
 Delete all material.                                                                               
 Insert "the committee and that member's alternate, the member                                      
and alternate member are disqualified from serving on the committee                                 
with regard to the complaint.  If the disqualified members are part of                              
the majority caucus, the presiding officer of the house in which the                                
disqualified members serve shall appoint another member of that                                     
house to serve on the committee with regard to the complaint.                                       

2004-05-08                     House Journal                      Page 4022
Otherwise, the minority caucus leader shall appoint the member.  If a                               
complaint alleges a violation that includes all legislative members of                              
the majority caucus of one house, the presiding officer of that house                               
shall appoint from the other house a member to serve with regard to                                 
the complaint.  Otherwise, the minority caucus leader shall appoint                                 
from the other house the member."                                                                   
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
New Amendment No. 17 be adopted.  There being no objection, it was                                  
so ordered.                                                                                         
                                                                                                    
Representative Rokeberg placed a call of the House and lifted the call.                             
                                                                                                    
The question to be reconsidered:  "Shall CSHB 563(JUD) am(efd add)                                  
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
CSHB 563(JUD) am(efd add)--RECONSIDERATION                                                          
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  8   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner,                                      
Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Kerttula, Lynn,                                    
Moses                                                                                               
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, CSHB 563(JUD) am(efd add) passed the House on                                               
reconsideration.                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 563(JUD) am(efd add) was referred to the Chief Clerk for                                       
engrossment.                                                                                        
                                                                                                    

2004-05-08                     House Journal                      Page 4023
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Verdie A. Bowen                                                                          
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                        
Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                      
Senators Green, Ogan, Therriault                                                                    
                                                                                                    
Honoring - Kelly Marre, 2003 Greater Wasilla Chamber of Commerce                                    
Citizen of the Year                                                                                 
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                        
Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                      
Senators Green, Ogan, Therriault                                                                    
                                                                                                    
Honoring - Judy Youngquist, 2003 Greater Wasilla Chamber of                                         
Commerce Educator of the Year                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                        
Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                      
Senators Green, Ogan, Therriault                                                                    
                                                                                                    
Honoring - Senator E.L. Bob Bartlett's 100th Birthday Anniversary                                   
By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    

2004-05-08                     House Journal                      Page 4024
Honoring - 2003 Colony High School Girls Soccer Team, Region III                                    
Champions                                                                                           
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                        
Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                      
Senators Green, Ogan, Therriault                                                                    
                                                                                                    
Honoring - 2003 Colony High School Boys Soccer Team, Region III                                     
Champions                                                                                           
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                        
Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                      
Senators Green, Ogan, Therriault                                                                    
                                                                                                    
Honoring - Howdie, Incorporated, 2003 Greater Wasilla Chamber of                                    
Commerce Business of the Year                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                        
Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                      
Senators Green, Ogan, Therriault                                                                    
                                                                                                    
Honoring - Mike's Place                                                                             
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                      
Holm, Joule, Kapsner, Kohring, Lynn, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Williams, Wilson, Wolf                                                                              
                                                                                                    
In Memoriam - Weston O. Van Loon                                                                    
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              

2004-05-08                     House Journal                      Page 4025
In Memoriam - Paul E. Nichols                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              
                                                                                                    
In Memoriam - James "Jim" Hermon                                                                    
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              
                                                                                                    
In Memoriam - Rose Eda Seller Palmquist                                                             
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              
                                                                                                    
In Memoriam - Lee Daniel Williams                                                                   
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              
                                                                                                    
In Memoriam - Elsie May Philo                                                                       
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              
                                                                                                    

2004-05-08                     House Journal                      Page 4026
In Memoriam - Tracy L. Shelden                                                                      
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              
                                                                                                    
In Memoriam - Robert W. "Bob" Pippel                                                                
By Representatives Kohring, Gatto, Harris, Masek, Stoltze, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                       
Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senators Green, Ogan, Therriault                                                              
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HB 25                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 3757) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 25(JUD)                                                                   
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders, anatomical gifts, and mental health treatment                               
    decisions, and to powers of attorney relating to health care,                                   
    including anatomical gifts and mental health treatment decisions;                               
    and providing for an effective date."                                                           
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 25(JUD)                                                     
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Lynn moved and asked unanimous consent that he be                                    
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Lynn was required to vote.                                  
                                                                                                    

2004-05-08                     House Journal                      Page 4027
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 25(JUD), thus adopting SCS CSHB 25(JUD),                                          
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 25(JUD)?"  The roll was taken with the                                            
following result:                                                                                   
                                                                                                    
SCS CSHB 25(JUD)                                                                                    
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                               
Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kott, Masek,                                     
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Lynn                                                                                         
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Gara                                                                                       
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 25(JUD).                                                                                   
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 25(JUD) was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
SB 279                                                                                            
The Speaker waived the Community & Regional Affairs Committee                                       
referral for the following at the request of Representative Morgan,                                 
Chair:                                                                                              
                                                                                                    

2004-05-08                     House Journal                      Page 4028
    CS FOR SENATE BILL NO. 279(FIN)                                                                 
    "An Act authorizing and relating to the issuance of bonds by the                                
    Alaska Housing Finance Corporation for safe and clean water and                                 
    hygienic sewage disposal facility capital projects and other capital                            
    projects; providing for the repayment of the bonds and bond costs;                              
    relating to the dividend paid to the state by the Alaska Housing                                
    Finance Corporation; and providing for an effective date."                                      
                                                                                                    
CSSB 279(FIN) was removed from the Community & Regional                                             
Affairs Committee and referred to the Finance Committee.                                            
                                                                                                    
HB 468                                                                                            
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 3981), will be held to                                
May 9, 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."                                                           
                                                                                                    
                                                                                                    
SB 302                                                                                            
The Speaker added a State Affairs Committee referral to precede the                                 
Finance Committee referral for the following:                                                       
                                                                                                    
    CS FOR SENATE BILL NO. 302(FIN)                                                                 
    "An Act relating to the authority to take oaths, affirmations, and                              
    acknowledgments in the state, to notarizations, to verifications, to                            
    acknowledgments, to fees for issuing certificates with the seal of                              
    the state affixed, and to notaries public; and providing for an                                 
    effective date."                                                                                
                                                                                                    
CSSB 302(FIN) was removed from the Finance Committee and                                            
referred to the State Affairs Committee.                                                            
                                                                                                    
HB 560                                                                                            
The Speaker added a Finance Committee referral for the following:                                   

2004-05-08                     House Journal                      Page 4029
                                                                                                    
    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."                                                                                
                                                                                                    
HB 560 was removed from the Rules Committee and referred to the                                     
Finance Committee.                                                                                  
                                                                                                    
HB 498                                                                                            
Representative Seaton moved and asked unanimous consent to                                          
withdraw the following:                                                                             
                                                                                                    
    HOUSE BILL NO. 498                                                                              
    "An Act requiring the sale or trade of state land."                                             
                                                                                                    
There being no objection, HB 498 was withdrawn.                                                     
                                                                                                    
Without objection, the House reverted to:                                                           
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
HB 10                                                                                             
A message dated May 8, 2004, was read stating the Senate has passed                                 
CSHB 10(HES) with the following amendment and it is transmitted                                     
for consideration:                                                                                  
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 10(FIN)                                                     
    "An Act relating to pooling by employers and self-employed                                      
    individuals for purposes of group health insurance; and providing                               
    for an effective date."                                                                         
                                                                                                    
CSHB 10(HES) is under Unfinished Business.                                                          
                                                                                                    
                                                                                                    
HB 123                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed                                 
CSHB 123(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    

2004-05-08                     House Journal                      Page 4030
    SENATE CS FOR CS FOR HOUSE BILL NO. 123(FIN)                                                    
    "An Act relating to the allocation of money appropriated to the                                 
    Alaska Workforce Investment Board; and providing for an                                         
    effective date."                                                                                
                                                                                                    
CSHB 123(FIN) is under Unfinished Business.                                                         
                                                                                                    
                                                                                                    
Messages dated May 7 and 8, 2004, were read stating that the Senate                                 
has passed the following and they are transmitted for consideration:                                
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 376                                                                                            
CS FOR SENATE BILL NO. 376(HES) am by the Senate Health,                                            
Education and Social Services Committee, entitled:                                                  
                                                                                                    
    "An Act relating to public assistance and subpoena powers; and                                  
     relating to the permanent fund dividend and subpoena powers."                                 
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
SB 392                                                                                            
SENATE BILL NO. 392 by the Senate Labor and Commerce                                                
Committee, entitled:                                                                                
                                                                                                    
    "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."                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2004-05-08                     House Journal                      Page 4031
SB 393                                                                                            
CS FOR SENATE BILL NO. 393(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to default on tuition, fees, and other charges of                              
    the University of Alaska and to claims on permanent fund                                        
    dividends for tuition, fees, and other charges of the University of                             
    Alaska that are in default."                                                                    
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HCR 36                                                                                            
Representative Berkowitz brought up reconsideration of the vote on                                  
HCR 36 (page 3978).                                                                                 
                                                                                                    
The following was again before the House in second reading:                                         
                                                                                                    
    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 to be reconsidered:  "Shall HCR 36 pass the House?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
HCR 36--RECONSIDERATION                                                                             
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  11   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire,                                        
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Moses                                                         
                                                                                                    
                                                                                                    

2004-05-08                     House Journal                      Page 4032
Excused:  Holm, Kookesh                                                                             
                                                                                                    
Absent:  Wolf                                                                                       
                                                                                                    
And so, HCR 36 failed to pass the House on reconsideration.                                         
                                                                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that the                                     
House rescind previous action in failing to pass on reconsideration                                 
HCR 36(fld H).                                                                                      
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
failing to pass HCR 36(fld H) on reconsideration?"  The roll was taken                              
with the following result:                                                                          
                                                                                                    
HCR 36(fld H)--RECONSIDERATION                                                                      
Second Reading                                                                                      
Rescind Previous Action/Failing                                                                     
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kott,                                    
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall HCR 36 pass the House?"                                    
                                                                                                    
HCR 36--RECONSIDERATION                                                                             
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  29   NAYS:  9   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    

2004-05-08                     House Journal                      Page 4033
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate,                               
Foster, Gatto, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek,                                  
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gruenberg, Guttenberg, Joule,                                       
Kapsner, Kerttula, Moses                                                                            
                                                                                                    
                                                                                                    
Excused:  Holm, Kookesh                                                                             
                                                                                                    
And so, HCR 36 passed the House on reconsideration and was referred                                 
to the Chief Clerk for engrossment.                                                                 
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 25                                                                                             
Representatives Croft, McGuire, and Hawker added their names as                                     
cosponsors to:                                                                                      
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 25(JUD)                                                     
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders, anatomical gifts, and mental health treatment                               
    decisions, and to powers of attorney relating to health care,                                   
    including anatomical gifts and mental health treatment decisions;                               
    and providing for an effective date."                                                           
                                                                                                    
HB 336                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 336(JUD) am                                                               
    "An Act relating to motor vehicle insurance; limiting recovery of                               
    civil damages by an uninsured driver; and providing for an                                      
    effective date."                                                                                
                                                                                                    
SB 30                                                                                             
Representative Dahlstrom added her name as cross sponsor to:                                        
                                                                                                    
    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."                                                                      

2004-05-08                     House Journal                      Page 4034
HCR 37                                                                                            
The following, which was engrossed and signed by the Speaker and                                    
Chief Clerk (page 3870), was transmitted to the Senate for                                          
consideration:                                                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 37                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 194,                                   
    relating to delivery of distilled spirits and beer.                                             
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 36                                                                                            
HCR 36 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 563                                                                                            
CSHB 563(JUD) am(efd add) was engrossed, signed by the Speaker                                      
and Chief Clerk and transmitted to the Senate for consideration.                                    
                                                                                                    
                                                                                                    
SB 30                                                                                             
HCS CSSB 30(JUD) was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 194                                                                                            
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. 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."                                                                                         
                                                                                                    
SB 351                                                                                            
HCS CSSB 351(STA) was engrossed, signed by the Speaker and                                          
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    

2004-05-08                     House Journal                      Page 4035
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                               upon adj., 5/8                            
                                                                                                    
Labor & Commerce Committee                                                                          
CHANGED TO:                                               upon adj., 5/8                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 5:00 p.m., May 9, 2004.  There being no                                         
objection, the House adjourned at 10:16 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk