Legislature(2003 - 2004)

2004-05-09 House Journal

Full Journal pdf

2004-05-09                     House Journal                      Page 4039
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                    Sunday                     May 9, 2004                          
                                                                                                    
                        One Hundred Nineteenth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 7:47 p.m.                                                                                   
                                                                                                    
Roll call showed 39 members present.  Representative Holm had been                                  
previously excused from a call of the House today.                                                  
                                                                                                    
The invocation was offered by the Chaplain, Representative                                          
Weyhrauch.  Representative Fate moved and asked unanimous consent                                   
that the invocation be spread on the journal.  There being no objection,                            
it was so ordered.                                                                                  
                                For Mother                                                         
                    How much I love you, I can't say:                                              
                      It's more than words can hold.                                               
                  You're all at once my rich, red clay,                                            
                          My potter and my mold.                                                   
                                                                                                    
                  Yours the words that shaped my voice,                                            
                         The spirit within mine.                                                   
                  Yours the will that shaped my choice,                                            
                         My fortune, and my sign.                                                  
                                                                                                    
                     How lucky I was to have had you                                               
                            At the core of me!                                                     
                      Wise and good, you always knew                                               
                          Just what I could be.                                                    
                                                                                                    
                       And so I came to be someone                                                 
                        Whom I could be proud of.                                                  
                      For this I give my swollen sum                                               
                          Of gratitude and love.                                                   
                                                                                                    

2004-05-09                     House Journal                      Page 4040
The Pledge of Allegiance was led by Representative Wilson.                                          
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 117th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HJR 44                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) am                                                   
     Relating to research into the decline of the Southwest Alaska                                  
     population of the Northern Sea Otter in the western Gulf of                                    
     Alaska.                                                                                        
                                                                                                    
CSHJR 44(RES) am was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
                                                                                                    
HB 334                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 334(RLS)                                                                 
     "An Act relating to unlawful exploitation of a minor and to                                    
     distribution of child pornography."                                                            
                                                                                                    
CSHB 334(RLS) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 351                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 351(JUD)                                                                 
     "An Act relating to the devices, including carbon monoxide                                     
     detection devices, required in dwellings; and providing for an                                 
     effective date."                                                                               
                                                                                                    
CSHB 351(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    

2004-05-09                     House Journal                      Page 4041
HB 379                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     HOUSE BILL NO. 379                                                                             
     "An Act establishing an office of citizenship assistance in the                                
     Department of Labor and Workforce Development."                                                
                                                                                                    
HB 379 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
HB 417                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     HOUSE BILL NO. 417                                                                             
     "An Act amending the definition of 'project' in the Act                                        
     establishing the Alaska Natural Gas Development Authority; and                                 
     providing for an effective date."                                                              
                                                                                                    
HB 417 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
HB 484                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 484(JUD) am                                                              
     "An Act imposing a correctional facility surcharge on persons                                  
     convicted of a crime under state law and on persons whose                                      
     probation is revoked; relating to fees and expenses for interstate                             
     transfer of probation or parole; and providing for an effective                                
     date."                                                                                         
                                                                                                    
CSHB 484(JUD) am was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
HB 539                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 539(L&C)                                                                 
     "An Act exempting a person who allows a student of the                                         
     University of Alaska to gain practical work experience with the                                
     person while participating in a practicum from vicarious liability                             
     as an employer, and exempting the student participating in a                                   
     practicum from the Alaska Wage and Hour Act; and providing for                                 
     an effective date."                                                                            
                                                                                                    

2004-05-09                     House Journal                      Page 4042
CSHB 539(L&C) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 556                                                                                            
A message dated May 8, 2004, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 556(FIN)                                                                 
     "An Act relating to a port development project on Lynn Canal,                                  
     providing legislative approval for the Alaska Industrial                                       
     Development and Export Authority to issue bonds for the project;                               
     and providing for an effective date."                                                          
                                                                                                    
CSHB 556(FIN) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 562                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 562                                                                             
     "An Act relating to the establishment of the Interior Rivers Port                              
     Authority; and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 562(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Hawker, Moses, Fate, Foster, Williams                                                 
                                                                                                    
No recommendation (3):  Stoltze, Joule, Harris                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 562(FIN):                                                
                                                                                                    
2.  Indeterminate, Dept. of Community & Economic Development                                        
                                                                                                    
HB 562 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2004-05-09                     House Journal                      Page 4043
SB 65                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 65(FIN) am                                                              
     "An Act relating to the qualifications of correctional officers,                               
     parole officers, and probation officers; authorizing the Department                            
     of Corrections to enter into lease- purchase agreements with                                   
     municipalities for new or expanded public correctional facilities in                           
     the Fairbanks North Star Borough, the Matanuska-Susitna                                        
     Borough, Bethel, the Municipality of Anchorage, and the City of                                
     Seward; relating to the development and financing of privately                                 
     operated correctional facility space and services; authorizing the                             
     Department of Corrections to enter into a lease-purchase                                       
     agreement with the City of Whittier for the confinement and care                               
     of prisoners in privately operated correctional facility space if the                          
     state cannot provide the same level of services required in state                              
     law or regulation for the same or less cost; giving notice of and                              
     approving, and authorizing the entry into and issuance of                                      
     certificates of participation for, the upgrade, expansion, and                                 
     replacement of certain jails in Dillingham and Kodiak; and                                     
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 65(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Hawker, Chenault, Fate, Foster, Williams                                              
                                                                                                    
No recommendation (4):  Meyer, Joule, Moses, Harris                                                 
                                                                                                    
Amend (2):  Stoltze, Croft                                                                          
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 65(FIN):                                             
                                                                                                    
2.  Fiscal, Dept. of Corrections                                                                    
                                                                                                    

2004-05-09                     House Journal                      Page 4044
CSSB 65(FIN) am was referred to the Rules Committee for placement                                   
on the calendar.                                                                                    
                                                                                                    
SB 132                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 132(RES)                                                                
     "An Act removing the Old Minto townsite from the Minto Flats                                   
     State Game Refuge; and authorizing the Department of Natural                                   
     Resources to convey certain land at the historic Old Minto site to                             
     the Native Village of Minto."                                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 132(RES)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Dahlstrom and Masek, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Heinze, Lynn, Stepovich                                                               
                                                                                                    
No recommendation (2):  Samuels, Masek                                                              
                                                                                                    
Amend (2):  Kerttula, Guttenberg                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 132(RES):                                            
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
CSSB 132(RES) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 224                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 224(STA)                                                                
     "An Act relating to a minor operating a vehicle after consuming                                
     alcohol, to a minor refusing to submit to chemical tests, and to                               
     driving during the 24 hours after being cited for one of those                                 
     offenses; and providing for an effective date."                                                
                                                                                                    

2004-05-09                     House Journal                      Page 4045
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Samuels, McGuire                                                                      
                                                                                                    
No recommendation (3):  Gara, Gruenberg, Ogg                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
5.   Zero, Dept. of Public Safety                                                                   
6.   Indeterminate, Alaska Court System                                                             
7.   Zero, Dept. of Health & Social Services                                                        
8.   Zero, Dept. of Administration                                                                  
9.   Indeterminate, Dept. of Administration                                                         
10. Fiscal, Dept. of Administration                                                                 
                                                                                                    
CSSB 224(STA) was referred to the Finance Committee.                                                
                                                                                                    
SB 279                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     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."                                     
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Fate, Foster, Williams                                                                
                                                                                                    
No recommendation (3):  Meyer, Chenault, Harris                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
3.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    

2004-05-09                     House Journal                      Page 4046
CSSB 279(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
SB 311                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     CS FOR SENATE BILL NO. 311(JUD)(efd fld)                                                       
     "An Act providing for a special deposit for workers' compensation                              
     insurers; relating to the board of governors of the Alaska                                     
     Insurance Guaranty Association; stating the intent of the                                      
     legislature, and setting out limitations, concerning the                                       
     interpretation, construction, and implementation of workers'                                   
     compensation laws; relating to restructuring the Alaska workers'                               
     compensation system; eliminating the Alaska Workers'                                           
     Compensation Board; establishing a division of workers'                                        
     compensation within the Department of Labor and Workforce                                      
     Development and assigning certain Alaska Workers'                                              
     Compensation Board functions to the division and the Department                                
     of Labor and Workforce Development; establishing a Workers'                                    
     Compensation Appeals Commission; assigning certain functions                                   
     of the Alaska Workers' Compensation Board to the Workers'                                      
     Compensation Appeals Commission and the Workers'                                               
     Compensation Hearings Board; relating to agreements that                                       
     discharge workers' compensation liability; providing for hearing                               
     examiners and hearing panels in workers' compensation                                          
     proceedings; relating to workers' compensation awards; relating to                             
     an employer's failure to insure and keep insured or provide                                    
     security; providing for appeals from compensation orders; relating                             
     to workers' compensation proceedings; providing for supreme                                    
     court jurisdiction of appeals from the Workers' Compensation                                   
     Appeals Commission; providing for a maximum amount for the                                     
     cost-of-living adjustment for workers' compensation benefits;                                  
     providing for administrative penalties for employers uninsured or                              
     without adequate security for workers' compensation; and relating                              
     to assigned risk pools and insurers."                                                          
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Rokeberg                                                                              
                                                                                                    

2004-05-09                     House Journal                      Page 4047
Do not pass (4):  Crawford, Lynn, Dahlstrom, Guttenberg                                             
                                                                                                    
No recommendation (2):  Gatto, Anderson                                                             
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Law                                                                              
4.  Indeterminate, Dept. of Administration                                                          
5.  Fiscal, Alaska Court System                                                                     
6.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
                                                                                                    
The Speaker ruled that CSSB 311(JUD)(efd fld) did not receive the                                   
required votes to move out of committee.  The Speaker returned CSSB                                 
311(JUD)(efd fld) to the Labor & Commerce Committee with a                                          
further referral to the Finance Committee.                                                          
                                                                                                    
                                                                                                    
SB 326                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 326(STA)                                                                
     "An Act relating to investments of Alaska permanent fund assets;                               
     and providing for an effective date."                                                          
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  McGuire, Coghill, Morgan, Kerttula, Rokeberg                                          
                                                                                                    
Amend (1):  Berkowitz                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
CSSB 326(STA) is on today's calendar.                                                               
                                                                                                    

2004-05-09                     House Journal                      Page 4048
SB 338                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 338(STA)                                                                
     "An Act relating to actionable claims against state employees; and                             
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  McGuire                                                                               
                                                                                                    
No recommendation (2):  Samuels, Ogg                                                                
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
CSSB 338(STA) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 354                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     CS FOR SENATE BILL NO. 354(STA) am(efd fld)                                                    
     "An Act relating to complaints filed with, and investigations,                                 
     hearings, and orders of, the State Commission for Human Rights;                                
     and making conforming amendments."                                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 354(STA)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
No recommendation (5):  Seaton, Gruenberg, Lynn, Berkowitz,                                         
Weyhrauch                                                                                           
                                                                                                    

2004-05-09                     House Journal                      Page 4049
The following fiscal note(s) apply to CSSB 354(STA) am(efd fld):                                    
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
CSSB 354(STA) am(efd fld) was referred to the Judiciary Committee.                                  
                                                                                                    
SB 357                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 357(FIN)                                                                
     "An Act relating to the regulation of insurance, insurance licenses,                           
     qualifications of insurance producers, surplus lines, fraud                                    
     investigations, electronic transactions, and compliance with                                   
     federal law and national standards; and providing for an effective                             
     date."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Foster, Croft, Williams                                                               
                                                                                                    
No recommendation (6):  Meyer, Hawker, Stoltze, Fate, Chenault,                                     
Harris                                                                                              
                                                                                                    
A House Finance Committee letter of intent for CSSB 357(FIN)                                        
signed by Representatives Harris and Williams, Co-chairs, follows:                                  
                                                                                                    
"It is the intent of the Legislature that the Division of Insurance should                          
take action to reform and modernize Alaska's system for insurance                                   
regulation. In order to preserve state regulation of insurance, state                               
regulation must respond to the changing nature of the business of                                   
insurance.                                                                                          
                                                                                                    
Specifically, the Division of Insurance should study alternative                                    
methods for regulating rates and forms and should develop proposals                                 

2004-05-09                     House Journal                      Page 4050
for changing Alaska's existing regulatory system in order to achieve                                
the goals of consumer protection and the fostering of a highly                                      
competitive insurance market in Alaska."                                                            
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 357(FIN):                                            
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSB 357(FIN) is on today's calendar.                                                               
                                                                                                    
SB 364                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 364(HES)(efd fld)                                                       
     "An Act relating to liability for expenses of placement in certain                             
     mental health facilities; and relating to the mental health treatment                          
     assistance program."                                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 364(JUD)                                                   
     "An Act relating to liability for expenses of placement in certain                             
     mental health facilities; and relating to the mental health treatment                          
     assistance program; and providing for an effective date."                                      
                                                                                                    
     (technical title change)                                                                       
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Gruenberg                                                                             
                                                                                                    
No recommendation (5):  Samuels, Gara, Ogg, Anderson, McGuire                                       
                                                                                                    
The Committee adopted the Senate letter of intent (Senate Journal                                   
page 3096).                                                                                         
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 364(JUD):                                            
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    

2004-05-09                     House Journal                      Page 4051
CSSB 364(HES)(efd fld) was referred to the Finance Committee.                                       
                                                                                                    
SB 387                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     SENATE BILL NO. 387 am                                                                         
     "An Act authorizing the making of certain commercial fishing                                   
     loans to eligible community quota entities for the purchase of                                 
     certain fishing quota shares; and providing for an effective date."                            
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Hawker, Fate, Foster, Williams                                                        
                                                                                                    
No recommendation (3):  Meyer, Stoltze, Harris                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
SB 387 am was referred to the 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 - The House Chief Clerk and Staff                                                          
By Representatives Rokeberg, Kott, Coghill                                                          
                                                                                                    
Honoring - The House Records Staff                                                                  
By Representatives Rokeberg, Kott, Coghill                                                          
                                                                                                    
Honoring - The House Floor Staff, 2004 Legislative Staff                                            
By Representatives Rokeberg, Kott, Coghill                                                          
                                                                                                    

2004-05-09                     House Journal                      Page 4052
Honoring - The Legislative Affairs Agency Staff                                                     
By Representatives Rokeberg, Kott, Coghill                                                          
                                                                                                    
Honoring - The Sexy Senior Dumpster Cleaners of Cooper Landing                                      
By Representative Seaton                                                                            
                                                                                                    
In Memoriam - Leetus L. George                                                                      
By Representative Seaton; Senator Gary Stevens                                                      
                                                                                                    
In Memoriam - Sherry Hagen                                                                          
By Representative Seaton; Senator Gary Stevens                                                      
                                                                                                    
In Memoriam - Robert E. (Bob) Keys                                                                  
By Representative Seaton; Senator Gary Stevens                                                      
                                                                                                    
In Memoriam - Clayton Earl Richardson                                                               
By Representative Seaton; Senator Gary Stevens                                                      
                                                                                                    
In Memoriam - Robert Serge                                                                          
By Representative Seaton; Senator Gary Stevens                                                      
                                                                                                    
                                                                                                    
In Memoriam - Richard Dean Allen                                                                    
By Representative Rokeberg                                                                          
                                                                                                    
In Memoriam - Ronald Earl Cunningham                                                                
By Representative Meyer                                                                             
                                                                                                    
In Memoriam - Eleanor Rose Lochner                                                                  
By Representative Rokeberg                                                                          
                                                                                                    
In Memoriam - Carl Rentschler                                                                       
By Representative Rokeberg                                                                          
                                                                                                    
In Memoriam - Mary McManamin                                                                        
By Senator French; Representative Berkowitz                                                         
                                                                                                    
In Memoriam - Ralph Sorensen                                                                        
By Senator Hoffman; Representative Stoltze                                                          
                                                                                                    

2004-05-09                     House Journal                      Page 4053
In Memoriam - John "Datu" Samuelson                                                                 
By Senator Hoffman; Representative Kapsner                                                          
                                                                                                    
In Memoriam - Marjorie (Anstey) Hughes                                                              
By Senator Cowdery                                                                                  
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                                                                                                    
SB 179                                                                                            
The following was read the second time:                                                             
                                                                                                    
     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."                                    
                                                                                                    
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 EDU RPT 4DP 1NR 1AM                                                 3057                           
 FN2: ZERO(DPS)                                                      3058                           
 FN3: ZERO(EED)                                                      3058                           
 HES RPT 2DP 3NR                                                     3579                           
 FN2: ZERO(DPS)                                                      3579                           
 FN3: ZERO(EED)                                                      3579                           
 JUD RPT HCS(JUD) NT 1DP 4NR                                         3991                           
 FN2: ZERO(DPS)                                                      3992                           
 FN3: ZERO(EED)                                                      3992                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2004-05-09                     House Journal                      Page 4054
     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)                                                             
                                                                                                    
Representative Gatto objected.                                                                      
                                                                                                    
The question being:  "Shall HCS CSSB 179(JUD) be adopted in lieu                                    
of the original bill?"  The roll was taken with the following result:                               
                                                                                                    
CSSB 179(FIN)                                                                                       
Second Reading                                                                                      
Adopt Judiciary HCS                                                                                 
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                    
Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                        
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Croft, Joule, McGuire                                                                      
                                                                                                    
Wilson changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, HCS CSSB 179(JUD) was adopted.                                                              
                                                                                                    
Representative Coghill moved that the House rescind previous action                                 
in adopting HCS CSSB 179(JUD).                                                                      
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
adopting HCS CSSB 179(JUD)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
HCS CSSB 179(JUD)                                                                                   
Second Reading                                                                                      
Rescind Previous Action/Adopting Judiciary HCS                                                      
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  1   ABSENT:  7                                                   

2004-05-09                     House Journal                      Page 4055
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                    
Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire,                                   
Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich,                                              
Weyhrauch, Wilson, Wolf                                                                             
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Dahlstrom, Harris, Joule, Masek, Rokeberg, Stoltze, Williams                               
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
Representative Coghill moved that HCS CSSB 179(JUD) be adopted                                      
in lieu of the original bill.                                                                       
                                                                                                    
The question being:  "Shall HCS CSSB 179(JUD) be adopted in lieu                                    
of the original bill?"  The roll was taken with the following result:                               
                                                                                                    
CSSB 179(FIN)                                                                                       
Second Reading                                                                                      
Adopt Judiciary HCS                                                                                 
                                                                                                    
YEAS:  15   NAYS:  21   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Gara, Guttenberg, Hawker,                                      
Heinze, Kerttula, Kott, McGuire, Ogg, Samuels, Stepovich,                                           
Weyhrauch, Wolf                                                                                     
                                                                                                    
Nays:  Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster,                                  
Gatto, Gruenberg, Kapsner, Kohring, Kookesh, Lynn, Masek, Meyer,                                    
Morgan, Moses, Rokeberg, Seaton, Stoltze, Wilson                                                    
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Harris, Joule, Williams                                                                    
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 179(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 179(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    

2004-05-09                     House Journal                      Page 4056
SB 190                                                                                            
The following was read the second time:                                                             
                                                                                                    
     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."                                                                                         
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 CRA RPT HCS(CRA) 4DP 2NR                                            3760                           
 FN1: ZERO(DNR)                                                      3761                           
 FN2: ZERO(DFG)                                                      3761                           
 RES RPT HCS(CRA) 2DP 4NR                                            3886                           
 FN1: ZERO(DNR)                                                      3887                           
 FN2: ZERO(DFG)                                                      3887                           
 RLS RPT HCS(RLS) 2DP 1DNP 3NR                                       3992                           
 FN1: ZERO(DNR)                                                      3993                           
 FN2: ZERO(DFG)                                                      3993                           
                                                                                                    
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. 190(RLS)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 190(RLS) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 190(RLS) was read the third time.                                                          
                                                                                                    
The question being:  "Shall HCS CSSB 190(RLS) pass the House?"                                      
The roll was taken with the following result:                                                       

2004-05-09                     House Journal                      Page 4057
                                                                                                    
HCS CSSB 190(RLS)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom,                                    
Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze,                                       
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire,                                    
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
                                                                                                    
Absent:  Berkowitz, Croft, Guttenberg, Joule                                                        
                                                                                                    
And so, HCS CSSB 190(RLS) passed the House.                                                         
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HCS CSSB 190(RLS) was referred to the Chief Clerk for                                               
engrossment.                                                                                        
                                                                                                    
                                                                                                    
SB 217                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 217(JUD)                                                                
     "An Act relating to genetic privacy."                                                          
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT 7DP                                                         3993                           
 SENATE LETTER OF INTENT WITH JUD RPT                                3993                           
 FN3: ZERO(CRT)                                                      3994                           
 FN4: ZERO(LAW)                                                      3994                           
 FN5: ZERO(DPS)                                                      3994                           
                                                                                                    

2004-05-09                     House Journal                      Page 4058
Representative Coghill moved and asked unanimous consent that                                       
CSSB 217(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 217(JUD) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSSB 217(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSB 217(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  1   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom,                                    
Fate, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Kapsner,                                      
Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                      
Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Berkowitz, Croft, Foster, Guttenberg, Joule                                                
                                                                                                    
And so, CSSB 217(JUD) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the Senate letter of intent (Senate Journal page 3276).                                 
There being no objection, it was so ordered.                                                        
                                                                                                    
CSSB 217(JUD) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
SB 282                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 282(RES)                                                                
     "An Act relating to the identification of finfish in food products                             
     and to the misbranding of food products consisting of or                                       
     containing finfish."                                                                           
                                                                                                    

2004-05-09                     House Journal                      Page 4059
with the:                                                    Journal Page                           
                                                                                                    
 FSH RPT 5DP                                                         3936                           
 FN1: ZERO(LAW)                                                      3937                           
 FN3: ZERO(H.FSH/DEC)                                                3937                           
 SEATON                                                              3982                           
 L&C RPT 4DP 3NR                                                     3994                           
 FN1: ZERO(LAW)                                                      3994                           
 FN3: ZERO(H.FSH/DEC)                                                3994                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 282(RES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 282(RES) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSSB 282(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSB 282(RES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                 
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
And so, CSSB 282(RES) passed the House, was signed by the Speaker                                   
and Chief Clerk and returned to the Senate.                                                         
                                                                                                    
                                                                                                    
SB 284                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-09                     House Journal                      Page 4060
     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."                                    
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT HCS(JUD) 5DP 2NR                                            3994                           
 FN2: ZERO(REV)                                                      3995                           
 FN3: ZERO(GOV)                                                      3995                           
                                                                                                    
                                                                                                    
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. 284(JUD)                                                   
     "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."                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 284(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 284(JUD) was read the third time.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall HCS CSSB 284(JUD) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 284(JUD)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   

2004-05-09                     House Journal                      Page 4061
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                 
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
And so, HCS CSSB 284(JUD) passed the House and was referred to                                      
the Chief Clerk for engrossment.                                                                    
                                                                                                    
SB 326                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 326(STA)                                                                
     "An Act relating to investments of Alaska permanent fund assets;                               
     and providing for an effective date."                                                          
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
                                                                                                    
 HB 466 SIMILAR BILL                                                 3990                           
 RLS RPT 5DP 1AM                                                     4047                           
 FN1: ZERO(REV)                                                      4047                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 326(STA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 326(STA) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                                                                                                    
SB 329                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 329(RES)                                                                
     "An Act relating to control of nuisance moose."                                                
                                                                                                    

2004-05-09                     House Journal                      Page 4062
with the:                                                    Journal Page                           
                                                                                                    
 RES RPT 2DP 4NR 2AM                                                 3446                           
 FN1: ZERO(DFG)                                                      3446                           
                                                                                                    
                                                                                                    
Amendment 1 was not offered.                                                                        
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Guttenberg and                                       
Lynn:                                                                                               
                                                                                                    
Page 1, line 11, following "moose.":                                                                
     Insert "However, the commissioner may not authorize a private                                  
individual or group to relocate moose under this section until the                                  
commissioner has provided notice to the public of the receipt of the                                
written application and proposal submitted by the individual or group                               
and a 30-day period for public comment on the application and                                       
proposal."                                                                                          
                                                                                                    
                                                                                                    
Representative Guttenberg moved and asked unanimous consent that                                    
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 329(RES)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  11   NAYS:  17   EXCUSED:  1   ABSENT:  11                                                 
                                                                                                    
Yeas:  Berkowitz, Cissna, Gara, Gruenberg, Guttenberg, Joule,                                       
Kapsner, Kerttula, Lynn, Masek, Seaton                                                              
                                                                                                    
Nays:  Coghill, Croft, Dahlstrom, Fate, Foster, Gatto, Hawker, Kott,                                
McGuire, Meyer, Morgan, Moses, Samuels, Stepovich, Weyhrauch,                                       
Wilson, Wolf                                                                                        
                                                                                                    

2004-05-09                     House Journal                      Page 4063
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson, Chenault, Crawford, Harris, Heinze, Kohring,                                     
Kookesh, Ogg, Rokeberg, Stoltze, Williams                                                           
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representatives Guttenberg and                                       
Lynn:                                                                                               
                                                                                                    
Page 1, line 13, following "relocation":                                                            
     Insert "and indemnify the state for liability for damages to private                           
persons and property arising from the actions of the individual or                                  
group in relocating nuisance moose under this section"                                              
                                                                                                    
Representative Guttenberg moved and asked unanimous consent that                                    
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 329(RES)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  21   NAYS:  13   EXCUSED:  1   ABSENT:  5                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Gara, Gatto, Gruenberg, Guttenberg, Joule,                                
Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, Meyer, Samuels,                                      
Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                                 
                                                                                                    
Nays:  Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Hawker,                                   
Kohring, McGuire, Morgan, Moses, Ogg, Rokeberg                                                      
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson, Chenault, Harris, Heinze, Williams                                               
                                                                                                    
Gatto changed from "Nay" to "Yea".                                                                  
                                                                                                    
And so, Amendment No. 3 was adopted.                                                                
                                                                                                    

2004-05-09                     House Journal                      Page 4064
Amendment No. 4 was offered  by Representative Guttenberg:                                           
                                                                                                    
Page 2, following line 4:                                                                           
     Insert a new bill section to read:                                                             
   "* Sec. 2.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 REPORT ON RELOCATION OF NUISANCE MOOSE BY                                                          
PRIVATE PARTIES.  The commissioner of fish and game shall                                           
submit a report by the 10th legislative day of the Second Regular                                   
Session of the Twenty-Fourth Alaska State Legislature regarding the                                 
implementation of AS 16.05.052, added by sec. 1 of this Act, and the                                
effectiveness of authorizing private parties to relocate nuisance moose                             
in reducing the risks posed to the public by nuisance moose and in                                  
avoiding the destruction of nuisance moose."                                                        
                                                                                                    
Representative Guttenberg moved and asked unanimous consent that                                    
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 329(RES) am H                                                                                  
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  13   NAYS:  25   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Wilson                                               
                                                                                                    
Nays:  Anderson, Chenault, Dahlstrom, Fate, Foster, Gatto, Harris,                                  
Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                         
Morgan, Moses, Ogg, Rokeberg, Seaton, Stepovich, Stoltze,                                           
Weyhrauch, Williams, Wolf                                                                           
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Samuels                                                                                    
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    

2004-05-09                     House Journal                      Page 4065
Amendment No. 5 was offered  by Representatives Kerttula and Lynn:                                   
                                                                                                    
Page 2, line 2, following "state.":                                                                 
 Insert:  "If darts containing narcotics are used to tranquilize                                    
moose, all of the darts shall be recovered and properly disposed."                                  
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 329(RES) am H                                                                                  
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
                                                                                                    
YEAS:  31   NAYS:  8   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Foster, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule,                                        
Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Morgan,                                     
Moses, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                    
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Kohring, Meyer, Ogg,                                     
Wolf                                                                                                
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Samuels changed from "Nay" to "Yea".                                                                
Hawker changed from "Nay" to "Yea".                                                                 
Rokeberg changed from "Nay" to "Yea".                                                               
Gatto changed from "Nay" to "Yea".                                                                  
Anderson changed from "Nay" to "Yea".                                                               
McGuire changed from "Nay" to "Yea".                                                                
                                                                                                    
And so, Amendment No. 5 was adopted.                                                                
                                                                                                    

2004-05-09                     House Journal                      Page 4066
Representative Coghill moved and asked unanimous consent that                                       
CSSB 329(RES) am H be considered engrossed, advanced to third                                       
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 329(RES) am H will advance to third reading on tomorrow's                                      
calendar.                                                                                           
                                                                                                    
The House advanced to:                                                                              
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
SB 170                                                                                            
Representative Rokeberg moved and asked unanimous consent that                                      
reconsideration (page 4015) of the following be held to May 10, 2004:                               
                                                                                                    
     CS FOR SENATE BILL NO. 170(JUD)                                                                
     "An Act relating to murder in the second degree, the justification                             
     of defense of self or others, immunity from prosecution,                                       
     sentencing, probation, discretionary parole, and the right to                                  
     representation in certain criminal proceedings; relating to violation                          
     of a custodian's duty; relating to sexual abuse of a minor; relating                           
     to release of information concerning certain cases involving a                                 
     minor; relating to local options regarding alcoholic beverages, the                            
     offense of furnishing or delivery of alcoholic beverages to a                                  
     person under 21 years of age, and forfeiture of property used in,                              
     and money or other items of value used in financial transactions                               
     derived from, violation of certain laws relating to alcoholic                                  
     beverages; relating to assault by means of a dangerous instrument;                             
     relating to operating or driving a motor vehicle, aircraft, or                                 
     watercraft while under the influence of an alcoholic beverage,                                 
     inhalant, or controlled substance, to the refusal to submit to a                               
     chemical test, and to the presumptions concerning the chemical                                 
    analysis of breath or blood; and providing for an effective date."                             
                                                                                                    
There being no objection, it was so ordered, and CSSB 170(JUD) will                                 
be available for reconsideration on May 10, 2004.                                                   
                                                                                                    

2004-05-09                     House Journal                      Page 4067
HCR 40                                                                                            
Representative Rokeberg moved and asked unanimous consent that                                      
reconsideration (page 4018) of the following be held to May 10, 2004:                               
                                                                                                    
     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.                                                                      
                                                                                                    
There being no objection, it was so ordered, and HCR 40 will be                                     
available for reconsideration on May 10, 2004.                                                      
                                                                                                    
HB 468                                                                                            
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 3981), would be held to                               
May 10, 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."                                                          
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                               (continued)                                                         
                                                                                                    
SB 338                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 338(STA)                                                                
     "An Act relating to actionable claims against state employees; and                             
     providing for an effective date."                                                              
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT 1DP 2NR 1AM                                                 4047                           
 FN1: ZERO(LAW)                                                      4048                           
                                                                                                    

2004-05-09                     House Journal                      Page 4068
Amendment No. 1 was offered  by Representatives Stepovich,                                           
Dahlstrom, Gara, Crawford, Berkowitz, Kott, Lynn, and Gruenberg:                                    
                                                                                                    
Page 1, following line 3:                                                                           
     Insert a new bill section to read:                                                             
"* Section 1.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
     PURPOSE.  The purpose of sec. 4 of this Act is to permit a civil                               
action by or on behalf of a member of the military services against an                              
employee of the state when the state is otherwise immune from the suit                              
under the doctrine of intramilitary immunity, and to require the state to                           
defend and indemnify the state employee if the state employee was                                   
acting within the scope of state employment but not as a member of                                  
the Alaska Militia."                                                                                
                                                                                                    
Page 1, line 4:                                                                                     
     Delete "Section 1"                                                                           
     Insert "Sec. 2"                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, following line 7:                                                                           
     Insert new bill sections to read:                                                              
"* Sec. 4.  AS 26.05.145(a) is amended to read:                                                   
         (a)  A civil action for damages may not be brought by or on                                
     behalf of a member of the military services against the state or                               
     against any [EMPLOYEE OF THE STATE OR ANY] member or                                           
     former member of the Alaska militia for wrongful death, personal                               
     injury, or other tort claim or injury arising out of activities that                           
     were incident to the member's military service.  However, if an                            
     action is brought by or on behalf of a member of the military                              
     services against an employee of the state for wrongful death,                              
     personal injury, or other tort claim or injury arising out of                              
     activities that were incident to the member's military service,                            
     the state shall defend and indemnify the state employee, if the                            
     action against the state employee is based on acts or omissions                            
     within the scope of the employee's state employment and the                                
     state employment was not as a member of the Alaska Militia."                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2004-05-09                     House Journal                      Page 4069
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
Page 2, line 2, following "the":                                                                
 Insert "United States"                                                                         
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSSB 338(STA)                                                                                       
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara,                                   
Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula,                                     
Kookesh, Kott, Lynn, Masek, Morgan, Moses, Ogg, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams                                                             
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Harris, Heinze, Kohring,                                
McGuire, Meyer, Rokeberg, Samuels, Wilson, Wolf                                                     
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
And so, Amendment No. 1 as amended was adopted.                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 338(STA) am H be considered engrossed, advanced to third                                       
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSB 338(STA) am H was read the third time.                                                         

2004-05-09                     House Journal                      Page 4070
The question being:  "Shall CSSB 338(STA) am H pass the House?"                                     
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 338(STA) am H                                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker,                                    
Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek,                                     
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Berkowitz, Guttenberg, Joule                                                               
                                                                                                    
And so, CSSB 338(STA) am H passed the House.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSSB 338(STA) am H was referred to the Chief Clerk for                                              
engrossment.                                                                                        
                                                                                                    
                                                                                                    
SB 357                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 357(FIN)                                                                
     "An Act relating to the regulation of insurance, insurance licenses,                           
     qualifications of insurance producers, surplus lines, fraud                                    
     investigations, electronic transactions, and compliance with                                   
     federal law and national standards; and providing for an effective                             
     date."                                                                                         
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 L&C RPT HCS(L&C) 2DP 3NR                                            3789                           
 FN1: ZERO(CED)                                                      3789                           

2004-05-09                     House Journal                      Page 4071
 FIN RPT HCS(FIN) 3DP 6NR                                            4049                           
 LETTER OF INTENT WITH FIN REPORT                                    4049                           
 FN1: ZERO(CED)                                                      4050                           
                                                                                                    
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. 357(L&C)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House rescind previous action                                 
in adopting HCS CSSB 357(L&C).                                                                      
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
adopting HCS CSSB 357(L&C)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
HCS CSSB 357(L&C)                                                                                   
Second Reading                                                                                      
Rescind Previous Action/Adopting Labor & Commerce HCS                                               
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  1   ABSENT:  8                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate,                                
Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                       
Kapsner, Kerttula, Kott, Lynn, Masek, McGuire, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson, Chenault, Gara, Joule, Kohring, Kookesh, Meyer,                                  
Moses                                                                                               
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
Representative Coghill moved that HCS CSSB 357(FIN) be adopted                                      
in lieu of the original bill:                                                                       
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN)                                                   
     (same title)                                                                                   

2004-05-09                     House Journal                      Page 4072
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 357(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 357(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
SB 379                                                                                            
The following was read the second time:                                                             
                                                                                                    
     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."                                               
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 HB 544 SIMILAR BILL                                                 3878                           
 RLS RPT 2DP 3NR                                                     3995                           
 FN2: ZERO(LAW)                                                      3995                           
 FN3: ZERO(REV)                                                      3995                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 379(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 379(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
SB 382                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 382(CRA) am                                                             
     "An Act relating to replat approval; relating to the platting of                               
     right-of-way acquired through eminent domain proceedings; and                                  
     providing for an effective date."                                                              
                                                                                                    

2004-05-09                     House Journal                      Page 4073
with the:                                                    Journal Page                           
                                                                                                    
 CRA RPT 2DP 1DNP 1NR                                                3894                           
 FN1: ZERO(DOT)                                                      3894                           
 TRA RPT 3DP 2NR                                                     3935                           
 FN1: ZERO(DOT)                                                      3935                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 382(CRA) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 382(CRA) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
SB 385                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 385(JUD) am                                                             
     "An Act relating to homeland security, to civil defense, to                                    
     emergencies and to disasters, including disasters in the event of                              
     attacks, outbreaks of disease, or threats of attack or outbreak of                             
     disease; establishing the Alaska division of homeland security and                             
     emergency management in the Department of Military and                                         
     Veterans' Affairs and relating to the functions of that division and                           
     that department; and providing for an effective date."                                         
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT 3DP 2NR 2AM                                                 3835                           
 FN1: ZERO(MVA)                                                      3835                           
 RLS RPT HCS(RLS) 2DP 4NR                                            3936                           
 FN1: ZERO(MVA)                                                      3936                           
                                                                                                    
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. 385(RLS)                                                   
     (same title)                                                                                   
                                                                                                    

2004-05-09                     House Journal                      Page 4074
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Dahlstrom:                                            
                                                                                                    
Page 2, lines 5 - 16:                                                                               
 Delete all material and insert:                                                                    
         "Sec. 24.20.680.  Legislative review.  (a)  The Homeland                                 
     Security and Emergency Management Subcommittee is                                              
     established as a subcommittee of the Joint Armed Services                                      
     Committee established under AS 24.20.650.  The subcommittee                                    
     shall be organized within 15 days after the organization of the                                
     committee each legislature.  The subcommittee is established to                                
     review confidential activities, plans, reports, recommendations,                               
     and other materials of the Alaska division of homeland security                                
     and emergency management established in AS 26.20.025, or of                                    
     other agencies or persons, relating to matters concerning                                      
     homeland security and civil defense, emergencies, or disasters in                              
     the state or to the state's preparedness for or ability to mount a                             
     prompt response to matters concerning homeland security and                                    
     civil defense, emergencies, or disasters.                                                      
         (b)  Subject to (c) of this section, the subcommittee is                                   
     composed of four to six members, as follows:                                                   
              (1)  the respective chairs of the subcommittees of the                                
     House and Senate Finance Committees that consider the military                                 
     and veterans' affairs budget;                                                                  
              (2)  if the chair of the senate subcommittee described in                             
     (1) of this subsection is                                                                      
                  (A)  not a member of the Joint Armed Services                                     
         Committee established in AS 24.20.650, two senate members                                  
         of the Joint Armed Services Committee, selected by the                                     
         president of the senate, one of whom is not a member of the                                
         political party to which a majority of members of the senate                               
         belong;                                                                                    
                  (B)  a member of the Joint Armed Services                                         
         Committee established in AS 24.20.650, one senate member                                   
         of the Joint Armed Services Committee selected by the                                      
         president of the senate;                                                                   
              (3)  if the chair of the house subcommittee described in                              
     (1) of this subsection is                                                                      
                                                                                                    

2004-05-09                     House Journal                      Page 4075
                  (A)  not a member of the Joint Armed Services                                     
         Committee established in AS 24.20.650, two house members                                   
         of the Joint Armed Services Committee selected by the                                      
         speaker of the house of representatives, one of whom is not a                              
         member of the political party to which a majority of members                               
         of the house of representatives belong;                                                    
                  (B)  a member of the Joint Armed Services                                         
         Committee established in AS 24.20.650, one house member                                    
         of the Joint Armed Services Committee selected by the                                      
         speaker of the house of representatives."                                                  
                                                                                                    
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
                                                                                                    
Page 2, line 17:                                                                                    
 Delete "appointment under (a) of this section"                                                     
 Insert "service on the subcommittee"                                                               
                                                                                                    
Page 2, line 18:                                                                                    
 Delete "appointment"                                                                               
 Insert "entering service"                                                                          
                                                                                                    
Page 2, line 19:                                                                                    
 Delete "appointment"                                                                               
 Insert "entering service"                                                                          
                                                                                                    
                                                                                                    
Page 2, line 21:                                                                                    
 Delete "appointment"                                                                               
 Insert "entering service"                                                                          
                                                                                                    
Page 2, line 22:                                                                                    
 Delete "following appointment"                                                                     
 Insert "subsequent to entering service"                                                            
                                                                                                    
Page 2, line 23:                                                                                    
 Delete "serve in appointed status"                                                                 
 Insert "serve on the subcommittee"                                                                 
                                                                                                    

2004-05-09                     House Journal                      Page 4076
Page 2, line 25:                                                                                    
 Delete "the appointment of members under (a) of this section"                                      
 Insert "service on the subcommittee by members"                                                    
                                                                                                    
Page 2, line 27:                                                                                    
 Delete "appointed members"                                                                         
 Insert "members serving on the subcommittee"                                                       
                                                                                                    
Page 2, line 28:                                                                                    
 Delete "appointed members"                                                                         
 Insert "members"                                                                                   
                                                                                                    
                                                                                                    
Page 2, line 31:                                                                                    
 Delete "Appointed members who remain qualified under (b) of"                                       
 Insert "Members who remain qualified to serve on the                                               
subcommittee under"                                                                                 
                                                                                                    
Page 3, line 1:                                                                                     
 Delete "are appointed"                                                                             
 Insert "enter service"                                                                             
                                                                                                    
Page 3, line 3:                                                                                     
 Delete "(a) and (b) of"                                                                            
                                                                                                    
                                                                                                    
Page 3, line 4:                                                                                     
 Delete "reappointed or the appointment of the member's                                             
successor"                                                                                          
 Insert "the member reenters service on the subcommittee through                                    
the operation of (b)(1) or (2) of this section or until the member's                                
successor enters service"                                                                           
                                                                                                    
Page 3, line 6:                                                                                     
 Delete "appointed under (a) of this section"                                                       
                                                                                                    
Page 3, line 8:                                                                                     
 Delete "appointed status"                                                                          
 Insert "service"                                                                                   
                                                                                                    

2004-05-09                     House Journal                      Page 4077
Page 3, line 9:                                                                                     
 Delete "appointed status"                                                                          
 Insert "service"                                                                                   
                                                                                                    
Page 18, line 29:                                                                                   
 Delete "appointment"                                                                               
 Insert "service on the Homeland Security and Emergency                                             
Management Subcommittee"                                                                            
                                                                                                    
Page 19, lines 5 - 10:                                                                              
 Delete all material and insert:                                                                    
"* Sec. 25.  The uncodified law of the State of Alaska is amended by                              
adding a new section to read:                                                                       
 TRANSITION.  Notwithstanding AS 24.20.680(a), enacted by                                           
sec. 2 of this Act, the Homeland Security and Emergency Management                                  
Subcommittee established in AS 24.20.680, enacted by sec. 2 of this                                 
Act, shall be organized for the first time within 15 days after the                                 
effective date of this section."                                                                    
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 385(RLS)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  29   NAYS:  9   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Harris, Hawker, Heinze, Joule, Kohring, Kott, Lynn, Masek,                                   
McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich,                                     
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Gruenberg, Guttenberg,                                 
Kapsner, Kerttula, Kookesh                                                                          
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    

2004-05-09                     House Journal                      Page 4078
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 385(RLS) am H be considered engrossed, advanced to third                                       
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS CSSB 385(RLS) am H will advance to third reading on                                             
tomorrow's calendar.                                                                                
                                                                                                    
SB 389                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 389                                                                            
     "An Act relating to the conversion of certain corporations to                                  
    limited liability companies; and providing for an effective date."                             
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 L&C RPT 2DP 3NR                                                     3790                           
 FN1: ZERO(CED)                                                      3790                           
 FN2: ZERO(REV)                                                      3790                           
 FIN RPT 7DP 4NR                                                     3895                           
 FN1: ZERO(CED)                                                      3895                           
 FN2: ZERO(REV)                                                      3895                           
                                                                                                    
**Representative Coghill moved and asked unanimous consent that                                     
Representative Fate be excused from a call of the House tonight.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 389 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2004-05-09                     House Journal                      Page 4079
SB 389 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
                                                                                                    
                      THIRD READING OF SENATE BILLS                                              
                                                                                                    
SB 260                                                                                            
The following, which was advanced to third reading from the May 8,                                  
2004, calendar (page 3998), was read the third time:                                                
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 260(TRA)                                                   
     "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."                                                                        
                                                                                                    
The question being:  "Shall HCS CSSB 260(TRA) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 260(TRA)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  21   NAYS:  13   EXCUSED:  1   ABSENT:  5                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker,                                   
Heinze, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Ogg, Samuels,                                   
Seaton, Stepovich, Stoltze, Wilson, Wolf                                                            
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Masek, Weyhrauch                                     
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson, Harris, Morgan, Rokeberg, Williams                                               
                                                                                                    
And so, HCS CSSB 260(TRA) passed the House.                                                         
                                                                                                    
Representative Coghill moved the effective date clauses.                                            
                                                                                                    
The question being:  "Shall the effective date clauses be adopted?"                                 
The roll was taken with the following result:                                                       
                                                                                                    

2004-05-09                     House Journal                      Page 4080
                                                                                                    
HCS CSSB 260(TRA)                                                                                   
Third Reading                                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  24   NAYS:  10   EXCUSED:  1   ABSENT:  5                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Croft, Dahlstrom, Fate, Foster, Gatto,                                    
Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                         
Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                         
Wilson, Wolf                                                                                        
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kapsner, Kerttula, Kookesh                                                                   
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Anderson, Harris, Morgan, Rokeberg, Williams                                               
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clauses were                             
not adopted and the new title follows:                                                              
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 260(TRA)                                                   
     (efd fld H)                                                                                    
     "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."                                          
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCS CSSB 260(TRA)(efd fld H).                                                                    
                                                                                                    
                                  RECEDE                                                         
                                                                                                    
SB 301                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 3928) on the following at                                   
this time:                                                                                          
                                                                                                    
            HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN) am H                                      
     "An Act relating to the Alaska Pioneers' Home and the Alaska                                   
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to the                                      

2004-05-09                     House Journal                      Page 4081
     eligibility of residents for the Alaska Pioneers' Home and the                                 
     Alaska Veterans' Home for general relief assistance; relating to                               
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 301(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 301(FIN), namely HCS CSSB 301(FIN) am H,                                          
and recommended that the members vote yes.                                                          
                                                                                                    
Representative Stepovich placed a call of the House.                                                
                                                                                                    
Representative Kerttula moved and asked unanimous consent that she                                  
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Kerttula was required to                                    
vote.                                                                                               
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 301(FIN)?"  The roll was taken with the following result:                                      
                                                                                                    
HCS CSSB 301(FIN) am H                                                                              
Recede                                                                                              
                                                                                                    
YEAS:  5   NAYS:  33   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Coghill, Harris, Meyer, Samuels, Stepovich                                                   
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                     
Masek, McGuire, Morgan, Moses, Ogg, Rokeberg, Seaton, Stoltze,                                      
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    

2004-05-09                     House Journal                      Page 4082
Williams changed from "Yea" to "Nay".                                                               
                                                                                                    
And so, the House failed to recede.                                                                 
                                                                                                    
The Speaker appointed the following members to a Conference                                         
Committee to meet with a like committee from the Senate to consider                                 
the above bills:                                                                                    
                                                                                                    
 Representative Foster, Chair                                                                       
 Representative Wilson                                                                              
 Representative Gruenberg                                                                           
                                                                                                    
The Speaker granted limited powers of free conference to the                                        
conferees considering HCS CSSB 301(FIN) am H and CSSB                                               
301(FIN).                                                                                           
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                               (continued)                                                         
                                                                                                    
                   SECOND READING OF HOUSE RESOLUTIONS                                           
                                                                                                    
HCR 42                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 42                                                             
     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.                                                                         
                                                                                                    
The question being:  "Shall HCR 42 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 42                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  2   ABSENT:  7                                                   
                                                                                                    

2004-05-09                     House Journal                      Page 4083
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Hawker, Joule, Kapsner,                                  
Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan,                                       
Moses, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch,                                        
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Chenault, Guttenberg, Harris, Heinze, McGuire, Samuels,                                    
Williams                                                                                            
                                                                                                    
And so, HCR 42 passed the House.                                                                    
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCR 42.                                                                                          
                                                                                                    
                                                                                                    
                   THIRD READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SJR 33                                                                                            
The following, which was advanced to third reading from the May 8,                                  
2004, calendar (page 4019), was read the third 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.                                                      
                                                                                                    
The question being:  "Shall CSSJR 33(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSJR 33(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  6   EXCUSED:  2   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Foster, Gatto,                                
Hawker, Joule, Kapsner, Kohring, Kookesh, Kott, Lynn, Masek,                                        
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Wilson, Wolf                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Kerttula                                       
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    

2004-05-09                     House Journal                      Page 4084
Absent:  Guttenberg, Harris, Heinze, McGuire, Williams                                              
                                                                                                    
And so, CSSJR 33(STA) passed the House.                                                             
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on CSSJR 33(STA).                                                                                   
                                                                                                    
                          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 - Norman Sutliff                                                                           
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, McGuire, Meyer, Rokeberg, Samuels, Seaton, Stepovich,                                        
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Honoring - James Nestic, Mayor of Old Harbor                                                        
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton,                                           
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Honoring - Luke Hopkins for 30 Years of Service to UAF                                              
By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto Gruenberg,                                 
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek,                                     
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Honoring - Captain Paul Gonzalez                                                                    
By Representatives McGuire, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    

2004-05-09                     House Journal                      Page 4085
In Memoriam - Gary Dean Ackerman, Sr.                                                               
By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                 
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
In Memoriam - Justice Roger George Connor                                                           
By Representatives Gruenberg, Kott, Anderson, Berkowitz, Chenault,                                  
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
In Memoriam - Robert Weiser and Donna Weiser                                                        
By Representatives Gruenberg, Kott, Anderson, Berkowitz, Chenault,                                  
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 84                                                                                             
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Meyer, Vice Chair:                                                 
                                                                                                    
     HOUSE BILL NO. 84                                                                              
     "An Act relating to a curriculum for Alaska history; and providing                             
     for an effective date."                                                                        
                                                                                                    
HB 84 was removed from the Finance Committee and is on today's                                      
first supplemental calendar.                                                                        
                                                                                                    
                       CONCUR IN SENATE AMENDMENTS                                               
                                                                                                    
HB 339                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 3988) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-05-09                     House Journal                      Page 4086
     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."                                                                       
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 339(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 339(JUD), thus adopting SCS CSHB 339(JUD),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 339(JUD)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 339(JUD)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                       
Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                    
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                                 
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Harris, Joule, Williams                                                                    
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 339(JUD).                                                                                  
                                                                                                    
HB 83                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 3928) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-05-09                     House Journal                      Page 4087
     CS FOR HOUSE BILL NO. 83(JUD)                                                                  
     "An Act adopting a version of the Revised Uniform Arbitration                                  
     Act; relating to the state's existing Uniform Arbitration Act;                                 
     amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil                                    
     Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402,                                   
     Alaska Rules of Appellate Procedure; and providing for an                                      
     effective date."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD)                                                    
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 83(JUD), thus adopting SCS CSHB 83(JUD),                                          
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 83(JUD)?"  The roll was taken with the                                            
following result:                                                                                   
                                                                                                    
SCS CSHB 83(JUD)                                                                                    
Concur                                                                                              
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                       
Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn,                                    
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                                 
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Harris, Joule, Williams                                                                    
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 83(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                             
court rule changes.  There being no objection, it was so ordered.                                   
                                                                                                    

2004-05-09                     House Journal                      Page 4088
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 83(JUD) was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
HB 213                                                                                            
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. 213(FIN)                                                                 
     "An Act relating to a provisional driver's license and to issuance                             
     of a driver's license; and providing for an effective date."                                   
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 213(FIN), thus adopting SCS CSHB 213(FIN),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 213(FIN)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 213(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  34   NAYS:  2   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                       
Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn,                                      
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Weyhrauch, Wilson, Wolf                                                          
                                                                                                    

2004-05-09                     House Journal                      Page 4089
Nays:  Kohring, Stoltze                                                                             
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Harris, Williams                                                                           
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 213(FIN).                                                                                  
                                                                                                    
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 213(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
HB 339                                                                                            
Representative Gara moved and asked unanimous consent that the                                      
House rescind previous action in adopting (page 4086):                                              
                                                                                                    
     SENATE CS FOR 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."                                                                       
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Gara moved and asked unanimous consent to withdraw                                   
his motion to rescind previous action in adopting SCS CSHB                                          
339(JUD).  There being no objection, it was so ordered.                                             
                                                                                                    
Representative Gara gave notice of reconsideration of the vote on SCS                               
CSHB 339(JUD) (page 4086).                                                                          
                                                                                                    
The Speaker ruled the notice out of order, stating that reconsideration                             
of a concurrence vote is not in order.                                                              
                                                                                                    
Representative Gara moved and asked unanimous consent that the                                      
House rescind previous action in adopting (page 4086):                                              
                                                                                                    

2004-05-09                     House Journal                      Page 4090
     SENATE CS FOR 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."                                                                       
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Meyer placed a call of the House and lifted the call.                                
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
adopting SCS CSHB 339(JUD)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 339(JUD)                                                                                   
Concur                                                                                              
Rescind Previous Action/Concurrence                                                                 
                                                                                                    
                                                                                                    
YEAS:  11   NAYS:  23   EXCUSED:  2   ABSENT:  4                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gara, Gruenberg, Guttenberg,                                     
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker,                                 
Heinze, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg,                                           
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Fate, Holm                                                                                
                                                                                                    
Absent:  Anderson, Cissna, Masek, Williams                                                          
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate that the House had concurred in                                 
the Senate amendment.                                                                               
                                                                                                    
SCS CSHB 339(JUD) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
**Representative Coghill moved and asked unanimous consent that                                     
Representative Moses be excused from a call of the House tonight.                                   

2004-05-09                     House Journal                      Page 4091
There being no objection, it was so ordered.                                                        
                                                                                                    
                 CONSIDERATION OF THE FIRST SUPPLEMENTAL                                         
                                 CALENDAR                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the First Supplemental Calendar.  There being no                                        
objection, the following was adopted:                                                               
                                                                                                    
HB  84 ALASKA HISTORY CURRICULUM                                                                    
HB 562 INTERIOR RIVERS PORT AUTHORITY                                                               
SB  65 CORRECTIONAL FACILITIES/PERSONNEL                                                            
SB 279 AHFC WATER & SEWER BONDS                                                                     
SB 387 COMMERCIAL FISHING LOANS FOR QUOTA SHARES                                                    
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 84                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 84                                                                              
     "An Act relating to a curriculum for Alaska history; and providing                             
     for an effective date."                                                                        
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 EDU RPT CS(EDU) 2DP 2NR 2AM                                         3310                           
 FN1: ZERO(EED)                                                      3311                           
 HES RPT CS(EDU) 5DP                                                 3571                           
 FN1: ZERO(EED)                                                      3572                           
 FIN REFERRAL WAIVED                                                 4085                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 84(EDU)                                                                  
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-05-09                     House Journal                      Page 4092
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, line 7, following "board":                                                                  
 Delete "may"                                                                                       
 Insert "shall"                                                                                     
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Chenault objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 84(EDU)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  25   NAYS:  10   EXCUSED:  3   ABSENT:  2                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Foster, Gara,                                  
Gruenberg, Guttenberg, Hawker, Heinze, Joule, Kapsner, Kerttula,                                    
Kookesh, Kott, Lynn, Meyer, Morgan, Ogg, Samuels, Stepovich,                                        
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
Nays:  Chenault, Coghill, Gatto, Harris, Kohring, Masek, Rokeberg,                                  
Seaton, Stoltze, Wolf                                                                               
                                                                                                    
Excused:  Fate, Holm, Moses                                                                         
                                                                                                    
Absent:  Dahlstrom, McGuire                                                                         
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 84(EDU) am be considered engrossed, advanced to third                                          
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall CSHB 84(EDU) am be advanced to third                                    
reading on the same day?"  The roll was taken with the following                                    
result:                                                                                             

2004-05-09                     House Journal                      Page 4093
                                                                                                    
CSHB 84(EDU) am                                                                                     
Second Reading                                                                                      
Advance to Third Reading on the Same Day                                                            
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  1   EXCUSED:  3   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek,                                      
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Gatto                                                                                        
                                                                                                    
Excused:  Fate, Holm, Moses                                                                         
                                                                                                    
Absent:  Dahlstrom, McGuire                                                                         
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
CSHB 84(EDU) am was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSHB 84(EDU) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 84(EDU) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  28   NAYS:  7   EXCUSED:  3   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Foster,                               
Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner,                                
Kerttula, Kookesh, Kott, Lynn, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Stepovich, Weyhrauch, Williams, Wilson                                                     
                                                                                                    
Nays:  Chenault, Gatto, Kohring, Masek, Seaton, Stoltze, Wolf                                       
                                                                                                    
Excused:  Fate, Holm, Moses                                                                         
                                                                                                    
Absent:  Dahlstrom, McGuire                                                                         
                                                                                                    
And so, CSHB 84(EDU) am passed the House.                                                           
                                                                                                    

2004-05-09                     House Journal                      Page 4094
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 84(EDU) am was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
                                                                                                    
HB 562                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 562                                                                             
     "An Act relating to the establishment of the Interior Rivers Port                              
     Authority; and providing for an effective date."                                               
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 CRA RPT 3DP 2NR                                                     3760                           
 FN1: INDETERMINATE(H.CRA/CED)                                       3760                           
 FIN RPT CS(FIN) 5DP 3NR                                             4042                           
 FN2: INDETERMINATE(CED)                                             4042                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 562(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 562(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 562(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 562(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    

2004-05-09                     House Journal                      Page 4095
                                                                                                    
CSHB 562(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  6   EXCUSED:  3   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Foster, Gatto,                                
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kohring,                                      
Kookesh, Kott, Lynn, McGuire, Morgan, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Kapsner, Kerttula                                         
                                                                                                    
Excused:  Fate, Holm, Moses                                                                         
                                                                                                    
Absent:  Masek, Meyer                                                                               
                                                                                                    
And so, CSHB 562(FIN) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 562(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                                                                                                    
SB 65                                                                                             
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 65(FIN) am                                                              
     "An Act relating to the qualifications of correctional officers,                               
     parole officers, and probation officers; authorizing the Department                            
     of Corrections to enter into lease- purchase agreements with                                   
     municipalities for new or expanded public correctional facilities in                           
     the Fairbanks North Star Borough, the Matanuska-Susitna                                        
     Borough, Bethel, the Municipality of Anchorage, and the City of                                
     Seward; relating to the development and financing of privately                                 
     operated correctional facility space and services; authorizing the                             
     Department of Corrections to enter into a lease-purchase                                       
     agreement with the City of Whittier for the confinement and care                               
     of prisoners in privately operated correctional facility space if the                          

2004-05-09                     House Journal                      Page 4096
     state cannot provide the same level of services required in state                              
     law or regulation for the same or less cost; giving notice of and                              
     approving, and authorizing the entry into and issuance of                                      
     certificates of participation for, the upgrade, expansion, and                                 
     replacement of certain jails in Dillingham and Kodiak; and                                     
     providing for an effective date."                                                              
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 FIN RPT HCS(FIN) 4DP 4NR 2AM                                        4043                           
 FN2: (COR)                                                          4043                           
                                                                                                    
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. 65(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 65(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS CSSB 65(FIN) will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
SB 279                                                                                            
The following was read the second time:                                                             
                                                                                                    
     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."                                     
                                                                                                    

2004-05-09                     House Journal                      Page 4097
with the:                                                    Journal Page                           
                                                                                                    
 CRA REFERRAL WAIVED                                                 4027                           
 FIN RPT 3DP 3NR                                                     4045                           
 FN3: (REV)                                                          4045                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 279(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSB 279(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
SB 387                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 387 am                                                                         
     "An Act authorizing the making of certain commercial fishing                                   
     loans to eligible community quota entities for the purchase of                                 
     certain fishing quota shares; and providing for an effective date."                            
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 CRA RPT 6DP 1NR                                                     3894                           
 FN1: ZERO(CED)                                                      3895                           
 FN2: ZERO(DFG)                                                      3895                           
 FIN RPT 4DP 3NR                                                     4051                           
 FN1: ZERO(CED)                                                      4051                           
 FN2: ZERO(DFG)                                                      4051                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 387 am be considered engrossed, advanced to third reading, and                                   
placed on final passage.                                                                            
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
SB 387 am will advance to third reading on tomorrow's calendar.                                     
                                                                                                    

2004-05-09                     House Journal                      Page 4098
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 83                                                                                             
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD)                                                    
     "An Act adopting a version of the Revised Uniform Arbitration                                  
     Act; relating to the state's existing Uniform Arbitration Act;                                 
     amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil                                    
     Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402,                                   
     Alaska Rules of Appellate Procedure; and providing for an                                      
     effective date."                                                                               
                                                                                                    
HB 84                                                                                             
Representatives Lynn and Ogg added their names as cosponsors to:                                    
                                                                                                    
     CS FOR HOUSE BILL NO. 84(EDU) am                                                               
     "An Act relating to a curriculum for Alaska history; and providing                             
     for an effective date."                                                                        
                                                                                                    
HB 213                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN)                                                   
     "An Act relating to a provisional driver's license and to issuance                             
     of a driver's license; and providing for an effective date."                                   
                                                                                                    
SB 179                                                                                            
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
     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."                                    
                                                                                                    

2004-05-09                     House Journal                      Page 4099
SB 190                                                                                            
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 190(RLS)                                                   
     "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."                                                                                         
                                                                                                    
SB 217                                                                                            
Representatives Lynn, Gara, and Anderson added their names as cross                                 
sponsors to:                                                                                        
                                                                                                    
     CS FOR SENATE BILL NO. 217(JUD)                                                                
     "An Act relating to genetic privacy."                                                          
                                                                                                    
SB 282                                                                                            
Representatives Lynn, Kerttula, and Chenault added their names as                                   
cross sponsors to:                                                                                  
                                                                                                    
     CS FOR SENATE BILL NO. 282(RES)                                                                
     "An Act relating to the identification of finfish in food products                             
     and to the misbranding of food products consisting of or                                       
     containing finfish."                                                                           
                                                                                                    
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HB 84                                                                                             
CSHB 84(EDU) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
HB 461                                                                                            
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:                                                        
                                                                                                    

2004-05-09                     House Journal                      Page 4100
     CS FOR HOUSE BILL NO. 461(STA) am                                                              
     "An Act relating to enhanced 911 surcharges and to 911 and                                     
     emergency services dispatch systems."                                                          
                                                                                                    
                                                                                                    
HB 562                                                                                            
CSHB 562(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
SB 190                                                                                            
HCS CSSB 190(RLS) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
SB 272                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was signed by the Speaker and Chief Clerk and returned to the                              
Senate:                                                                                             
                                                                                                    
     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."                              
                                                                                                    
                                                                                                    
SB 284                                                                                            
HCS CSSB 284(JUD) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
SB 338                                                                                            
CSSB 338(STA) am H was engrossed, signed by the Speaker and                                         
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2004-05-09                     House Journal                      Page 4101
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until noon, May 10, 2004.  There being no objection,                                  
the House adjourned at 12:38 a.m., May 10, 2004.                                                    
                                                                                                    
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk