Legislature(2005 - 2006)

2005-05-09 House Journal

Full Journal pdf

2005-05-09                     House Journal                      Page 1841
SB 174                                                                                            
The following, which was held over from the May 8, 2005, calendar                                   
(page 1817), was again before the House:                                                            
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 174(FIN) am H                                                     
     "An Act excluding certain trucks and vehicles provided by                                      
     automobile dealers as replacement transportation during warranty,                              
     recall, or service contract repairs from the definition of 'passenger                          
     vehicle' for purposes of the passenger vehicle rental tax; and                                 
     providing for an effective date."                                                              
                                                                                                    
     (HCR 18 - title change resolution)                                                             
                                                                                                    
Representative Gatto moved and asked unanimous consent that HCS                                     
SB 174(FIN) am H be returned to second reading for the specific                                     
purpose of considering Amendment No. 4.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 4 was offered  by Representative Gatto:                                                
                                                                                                    
Page 1, line 3, following "tax;" (title amendment):                                               
 Insert "providing for taxation of certain commercial ship                                        
vessels, pertaining to certain vessel activities and related to ship                              
vessel operations taking place in the marine water of the State of                                
Alaska;"                                                                                          
                                                                                                    

2005-05-09                     House Journal                      Page 1842
Page 1, following line 5:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  AS 43.20.021(a) is amended to read:                                             
         (a)  Sections 26 U.S.C. 1 - 1399 and 6001 - 7872 (Internal                                 
     Revenue Code), as amended, are adopted by reference as a part of                               
     this chapter. These portions of the Internal Revenue Code have                                 
     full force and effect under this chapter unless excepted to or                                 
     modified by other provisions of this chapter. However,                                         
              (1)  nothing in this chapter or in AS 43.19 (Multistate Tax                       
     Compact) may be construed as an exception to or modification of                                
     26 U.S.C. 883; and                                                                         
              (2)  the provisions of (1) of this subsection do not apply                        
     to commercial passenger vessels, as defined in AS 43.52.199."                              
                                                                                                    
Page 1, line 6:                                                                                     
     Delete "Section 1"                                                                           
     Insert "Sec. 2"                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 14:                                                                                    
     Delete all material and insert:                                                                
   "* Sec. 3.  AS 43.52 is amended by adding new sections to read:                                
                        Article 2.  Excise Tax on Travel Aboard                                   
                                    Commercial Passenger Vessels.                                 
      Sec. 43.52.100.  Levy of excise tax on overnight                                            
     accommodations on commercial passenger vessels.  There is                                    
     imposed an excise tax on travel on commercial passenger vessels                                
     providing overnight accommodations in the state's marine water.                                
      Sec. 43.52.110.  Rate of tax.  The tax imposed by AS                                        
     43.52.100 - 43.52.199 is levied at a rate of $46 a passenger a                                 
     voyage.                                                                                        
      Sec. 43.52.120.  Liability for payment of tax.  A passenger                                 
     traveling on a commercial passenger vessel providing overnight                                 
     accommodations in state marine waters is liable for the tax                                    
     imposed by AS 43.52.100 - 43.52.199.  The tax shall be collected                               
     and is due and payable                                                                         
       (1)  by the person who provides travel aboard a                                              
     commercial vessel for which the tax is payable; and                                            
       (2)  in the manner and at the times required by the                                          

2005-05-09                     House Journal                      Page 1843
     department by regulation.                                                                      
      Sec. 43.52.130.  Disposition of receipts.  (a)  The proceeds                                
     from the tax on travel on commercial passenger vessels providing                               
     overnight accommodations in the state marine water shall be                                    
     deposited in a commercial vessel passenger tax account in the                                  
     general fund.  The legislature may appropriate money from this                                 
     account for the purposes described in (b) and (c) of this section,                             
     for state-owned port and harbor facilities, for other services to                              
     properly provide for vessel or watercraft visits, to enhance the                               
     safety and efficiency of interstate and foreign commerce, and for                              
     other lawful purposes as determined by the legislature.                                        
      (b)  For each sailing of a commercial passenger vessel                                        
     providing overnight accommodations, the commissioner shall                                     
     identify the first five ports of call in the state and the number of                           
     passengers on board the vessel at each port of call.  Subject to                               
     appropriation by the legislature, the commissioner shall distribute                            
     to each port of call $5 per passenger of the tax revenue collected                             
     from the tax levied under AS 43.52.100 - 43.52.199.  If the port of                            
     call is a city located within a borough that is not unified with the                           
     borough, the commissioner shall, subject to appropriation by the                               
     legislature, distribute $2.50 per passenger to the city and $2.50 to                           
     the borough.  Each port of call receiving funds under this section                             
     shall use the funds in a manner calculated to improve port and                                 
     harbor facilities, and for other services to properly provide for                              
     vessel or watercraft visits, and to enhance the safety and efficiency                          
     of interstate and foreign commerce.                                                            
      (c)  Within the special commercial vessel passenger tax                                       
     account established in (a) of this section, a regional cruise ship                             
     impact subaccount is established.  The subaccount consists of 25                               
     percent of the proceeds from the tax on travel aboard commercial                               
     passenger vessels providing overnight accommodations in the                                    
     marine water of the state.  Subject to appropriation by the                                    
     legislature and regulations adopted by the department, the                                     
     commissioner shall distribute funds to municipalities or other                                 
     governmental entities within the Prince William Sound region,                                  
     Southeast Alaska, or any other distinctive region affected by                                  
     cruise-ship-related tourism activities but not entitled to receive                             
     funds based on port-of-call visitation as allowed by (b) of this                               
     section.  The commissioner shall make the distribution authorized                              
     by the subsection only if the funds are used by the recipient to                               

2005-05-09                     House Journal                      Page 1844
     provide services and infrastructure directly related to passenger                              
     vessel or watercraft visits or to enhance the safety and efficiency                            
     of interstate and foreign commerce related to vessel or watercraft                             
     activities.                                                                                    
         Sec. 43.52.140.  Administration.  (a)  The department shall                             
       (1)  administer AS 43.52.100 - 43.52.199; and                                                
       (2)  collect, and supervise and enforce the collection of,                                   
     taxes due under AS 43.52.100 - 43.52.199 and penalties as                                      
     provided in AS 43.05.                                                                          
      (b)  The department may adopt regulations to carry out the                                    
     purposes of AS 43.52.100 - 43.52.199.                                                          
      Sec. 43.52.150.  Local levies.  Any municipality, whether                                   
     home rule or general law, that receives passenger ship fee funds                               
     under this chapter may not impose a similar form of tax on travel                              
     on commercial passenger vessels engaged in activities involving                                
     overnight accommodations for passengers in state marine water.                                 
     Any form of tax on travel on commercial passenger vessels                                      
     engaged in activities involving overnight accommodations for                                   
     passengers in state marine water enacted by a municipality,                                    
     whether home rule or general law, before the effective date of                                 
     AS 43.52.100 - 43.52.199 shall expire one year after the date that                             
     AS 43.52.100 - 43.52.199 becomes law if that municipality elects                               
     to receive funds under this chapter.                                                           
      Sec. 43.52.199.  Definitions.  In AS 43.52.100 - 43.52.199,                                 
     unless the context otherwise requires,                                                         
       (1)  "commercial passenger vessel" means a boat vessel                                       
     that is used in the common carriage of passengers in commerce;                                 
     "commercial passenger vessel" does not include                                                 
           (A)  vessels with fewer than 250 berths or other                                         
         overnight accommodations for passengers;                                                   
           (B)  noncommercial vessels, warships, and vessels                                        
         operated by the state, the United States, or a foreign                                     
         government;                                                                                
       (2)  "marine water of the state" and "state marine water"                                    
     have the meaning given to "waters" in AS 46.03.900, except that                                
     they include only marine water.                                                                
       contracted for carriage from one place to another;                                           
       (3)  "passenger" means a person with whom a common                                           
       carrier has contracted for carriage from one place to another;                              
          (4) "voyage" means any trip or itinerary lasting more than                                

2005-05-09                     House Journal                      Page 1845
         72 hours.                                                                                  
   * Sec. 4.  AS 45.50.474 is repealed and reenacted to read:                                     
      Sec. 45.50.474.  Required disclosures in promotions on                                      
     board cruise ships.  (a) A person may not conduct a promotion                                
     on board a cruise ship that mentions or features a business in a                               
     state port that has paid something of value for the purpose of                                 
     having the business mentioned, featured, or otherwise promoted,                                
     unless the person conducting the promotion clearly and fully                                   
     discloses orally and in all written materials used in the promotion                            
     that the featured businesses have paid to be included in the                                   
     promotion.  Each written notice of disclosure required by this                                 
     subsection shall be in a typeface of not less than 14 points and in a                          
      contrasting color calculated to draw attention to the disclosure.                            
      (b)  A person or other entity aboard a cruise ship conducting                                 
     or making a sale of tours, flightseeing operation or other shore-                              
     side activities to be delivered by a vendor or other entity at a                               
     future port of call shall disclose, both orally and in writing, the                            
     amount of commission or percentage of the total sale retained or                               
     returned to the person making the sale.  The person or entity                                  
     aboard a cruise ship making or attempting to make a sale of                                    
     services or goods provided by a shore-side vendor shall disclose                               
     the address and telephone number of the shore side vendor if                                   
     asked by a customer.  Each written notice of disclosure required                               
     by this subsection shall be in a typeface of not less than 14 points                           
     and in a contrasting color calculated to draw attention to the                                 
     disclosure.                                                                                    
      (c)  Each violation of this section constitutes an unfair trade                               
     practice under AS 45.50.471, and shall result in a penalty of not                              
     more than $100 for each violation.                                                             
      (d)  In this section, "cruise ship" means a ship that operates at                             
     least 48 hours in length for ticketed passengers, provides                                     
     overnight accommodations and meals for at least 250 passengers,                                
     is operated by an authorized cruise ship operator, and is certified                            
     under the International Convention for the Safety of Life at Sea or                            
     otherwise certified by the United States Coast Guard.                                          
   * Sec. 5.  AS 46.03.462 is repealed and reenacted to read:                                     
      Sec. 46.03.462.  Terms and conditions of discharges.  (a)                                   
     An owner or operator may not discharge any treated sewage,                                     
     graywater, or other wastewater from a large commercial passenger                               
     vessel into the marine waters of the state unless the owner or                                 

2005-05-09                     House Journal                      Page 1846
     operator obtains a permit under AS 46.03.100, which shall comply                               
     with the terms and conditions of vessel discharge requirements                                 
     specified in (b) of this section.                                                              
      (b)  The minimum standard terms and conditions for all                                        
     discharge permits authorized under this provision require that the                             
     owner or operator                                                                              
       (1)  may not discharge untreated sewage, treated sewage,                                     
     graywater, or other wastewater in a manner that violates any                                   
     applicable effluent limits or standards under state or federal law,                            
     including state water quality standards governing pollution at the                             
     point of discharge;                                                                            
       (2)  shall maintain records and provide the reports                                          
     required under AS 46.03.465(a);                                                                
       (3)  shall collect and test samples as required under AS                                     
     46.03.465(b) and (d) and provide the reports with respect to those                             
     samples required by AS 46.03.475(c);                                                           
       (4)  shall report discharges in accordance with AS                                           
     46.03.475(a);                                                                                  
       (5)  shall allow the department access to the vessel at the                                  
     time samples are taken under AS 46.03.465 for purposes of taking                               
     the samples or for purposes of verifying the integrity of the                                  
     sampling process; and                                                                          
       (6)  shall submit records, notices, and reports to the                                       
        department in accordance with AS 46.03.475(b), (d), and (e).                               
   * Sec. 6.  AS 46.03.463(b) is amended to read:                                                 
      (b)  Except as provided in (h) of this section [OR UNDER AS                                   
     46.03.462(c) - (e)], a person may not discharge sewage from a                                  
     commercial passenger vessel into the marine waters of the state                                
     that has suspended solids greater than 150 milligrams per liter or a                           
     fecal coliform count greater than 200 colonies per 100 milliliters                             
     except that the department may by regulation adopt a protocol for                              
     retesting for fecal coliform, if this discharge limit for fecal                                
     coliform is exceeded, under which a discharger will be considered                              
     to be in compliance with the fecal coliform limit if the geometric                             
     mean of fecal coliform count in the samples considered under the                               
     protocol does not exceed 200 colonies per 100 milliliters. [UPON                               
     SUBMISSION BY THE OWNER OR OPERATOR OF A                                                       
     SMALL COMMERCIAL PASSENGER VESSEL OF A PLAN                                                    
     FOR INTERIM PROTECTIVE MEASURES UNDER AS                                                       
     46.03.462(c)(2) AND (d), THE DEPARTMENT SHALL                                                  

2005-05-09                     House Journal                      Page 1847
     EXTEND THE TIME FOR COMPLIANCE OF THAT VESSEL                                                  
     WITH THIS SUBSECTION.]                                                                         
   * Sec. 7.  AS 46.03.463(c) is amended to read:                                                 
      (c)  Except as provided in (h) of this section [OR UNDER AS                                   
     46.03.462(c) - (e)], a person may not discharge graywater or other                             
     wastewater from a commercial passenger vessel into the marine                                  
     waters of the state that has suspended solids greater than 150                                 
     milligrams per liter or a fecal coliform count greater than 200                                
     colonies per 100 milliliters except that the department may by                                 
     regulation adopt a protocol for retesting for fecal coliform, if this                          
     discharge limit for fecal coliform is exceeded, under which a                                  
     discharger will be considered to be in compliance with the fecal                               
     coliform limit if the geometric mean of fecal coliform count in the                            
     samples considered under the protocol does not exceed 200                                      
     colonies per 100 milliliters. Upon submission by the owner or                                  
     operator of a large commercial passenger vessel of a plan for                                  
     interim protective measures, the department shall extend the time                              
     for compliance of that vessel with this subsection for a period of                             
     time that ends not later than January 1, 2003. [UPON                                           
     SUBMISSION BY THE OWNER OR OPERATOR OF A                                                       
     SMALL COMMERCIAL PASSENGER VESSEL OF A PLAN                                                    
     FOR INTERIM PROTECTIVE MEASURES UNDER AS                                                       
     46.03.462(c)(2) AND (d), THE DEPARTMENT SHALL                                                  
     EXTEND THE TIME FOR COMPLIANCE OF THAT VESSEL                                                  
     WITH THIS SUBSECTION.]                                                                         
   * Sec. 8.  AS 46.03.463(e) is repealed and reenacted to read:                                  
      (e)  An owner or operator may not discharge any treated                                       
     sewage, graywater, or other wastewater from a large commercial                                 
     passenger vessel into the marine waters of the state unless the                                
     owner or operator obtains a permit under AS 46.03.100 and                                      
     46.03.462, and the vessel is not in an area where the discharge of                             
     treated sewage, graywater, or other wastewater is otherwise                                    
     prohibited.                                                                                    
   * Sec. 9.  AS 46.03.465(a) is repealed and reenacted to read:                                  
      (a)  The owner or operator of a commercial passenger vessel                                   
     shall maintain daily records related to the period of operation                                
     while in the state, detailing the dates, times, and locations, and the                         
     volumes and flow-rates of any discharges of sewage, graywater, or                              
     other wastewater into the marine waters of the state, and provide                              
     electronic copies of the records on a monthly basis to the                                     

2005-05-09                     House Journal                      Page 1848
     department no later than five days after each calendar month of                                
     operation in state waters.                                                                     
   * Sec. 10.  AS 46.03.465(b) is repealed and reenacted to read:                                 
      (b)  While a commercial passenger vessel is present in the                                    
     marine waters of the state, the owner or operator of the vessel                                
     shall provide an hourly report of the vessel's location based on                               
     global positioning system technology and collect routine samples                               
     of the vessel's treated sewage, graywater, and other wastewater                                
     that are being discharged into the marine waters of the state.                                 
   * Sec. 11.  AS 46.03.465(c) is repealed and reenacted to read:                                 
      (c)  While a commercial passenger vessel is present in the                                    
     marine waters of the state, the department, or an independent                                  
     contractor retained by the department, may collect additional                                  
     samples of the vessel's treated sewage, graywater, and other                                   
     wastewaters being discharged into the marine waters of the state.                              
   * Sec. 12.  AS 46.03.465(d) is repealed and reenacted to read:                                 
      (d)  The owner or operator of a vessel required to collect                                    
     samples under (b) of this section shall ensure that all sampling                               
     techniques and frequency of sampling events are approved by the                                
     department in a manner sufficient to ensure demonstration of                                   
     compliance with all discharge requirements under AS 46.03.462.                                 
   * Sec. 13.  AS 46.03 is amended by adding a new section to read:                               
      Sec. 43.03.476.  Ocean Rangers.  (a)  An owner or operator                                  
     of a large commercial passenger vessel entering the marine waters                              
     of the state is required to have a marine engineer licensed by the                             
     United States Coast Guard hired or retained by the department on                               
     board the vessel to act as an independent observer for the purpose                             
     of monitoring state and federal requirements pertaining to marine                              
     discharge and pollution requirements and to ensure that                                        
     passengers, crew, and residents at ports are protected from                                    
     improper sanitation, health, and safety practices.                                             
      (b)  The licensed marine engineer shall monitor, observe, and                                 
     record data and information related to the engineering, sanitation,                            
     and health-related operations of the vessel, including registration,                           
     reporting, record keeping, and discharge functions required by                                 
     state and federal law.                                                                         
      (c) Any information recorded or gathered by the licensed                                      
     marine engineer shall be promptly conveyed to the department and                               
     the United States Coast Guard on a form or in a manner approved                                
     by the commissioner.  The commissioner may share information                                   

2005-05-09                     House Journal                      Page 1849
     gathered with other state and federal agencies.                                                
   * Sec. 14.  AS 46.03.480 is amended by adding a new subsection to                              
read:                                                                                               
      (e)  An additional fee in the amount of $4 a berth, is imposed                                
     on all large commercial passenger vessels, other than vessels                                  
     operated by the state, for the purpose of operating the Ocean                                  
     Ranger program established in AS 46.03.476; the program shall                                  
     be subject to legislative appropriation.                                                       
   * Sec. 15.  AS 46.03 is amended by adding a new section to read:                               
      Sec. 46.03.481. Citizens' suits. (a) Any citizen of the State of                            
     Alaska may commence a civil action (1) against an owner or                                     
     operator of a large passenger vessel alleged to have violated any                              
     provision of AS 46.03.460 - 46.03.490, or (2) against the                                      
     department where there is an alleged failure to perform any act or                             
     duty under AS 46.03.460 - 46.03.490 that is not discretionary. No                              
     civil action may be commenced under this section, however, prior                               
     to 45 days after the plaintiff has provided written notice of the                              
     intent to sue to the attorney general.                                                         
      (b)  Subject to appropriation, as necessary, up to 50 percent                                 
     and not less than 25 percent of any fines, penalties or other funds                            
     recovered as a result of enforcement of AS 46.03.460 - 46.03.490                               
     shall be paid to the person or entity, other than the defendant,                               
     providing information sufficient to commence an investigation                                  
     and enforcement of AS 46.03.460 - 46.03.490 under this                                         
     provision.                                                                                     
   * Sec. 16.  AS 46.03.760 is amended by adding a new subsection to                              
read:                                                                                               
      (g)  An owner, agent, employee or operator of a commercial                                    
     passenger vessel as defined in AS 43.52.199 who falsifies a                                    
     registration or report required by AS 46.03.460 or 46.03.475 or                                
     who violates or causes or permits to be violated a provision of AS                             
     46.03.250 - 46.03.313, AS 46.03.460 - 46.03.490, AS 46.14, or a                                
     regulation, a lawful order of the department, or a permit, approval,                           
     or acceptance, or term or condition of a permit, approval, or                                  
     acceptance issued under AS 46.03.250 - 46.03.314, AS 46.03.460                                 
     - 46.03.490, or AS 46.14 is liable, in a civil action, to the state for                        
     a sum to be assessed by the court of not less than $5,000 nor more                             
     than $100,000 for the initial violation, nor more than $10,000 for                             
     each day after that on which the violation continues, and that shall                           
     reflect, when applicable,                                                                      

2005-05-09                     House Journal                      Page 1850
       (1)  reasonable compensation in the nature of liquidated                                     
     damages for any adverse environmental effects caused by the                                    
     violation, that shall be determined by the court according to the                              
     toxicity, degradability, and dispersal characteristics of the                                  
     substance discharged, the sensitivity of the receiving environment,                            
     and the degree to which the discharge degrades existing                                        
     environmental quality; for a violation relating to AS 46.14, the                               
     court, in making its determination under this paragraph, shall also                            
     consider the degree to which the discharge causes harm to persons                              
     or property; this paragraph may not be construed to limit the right                            
     of parties other than the state to recover for personal injuries or                            
     damage to their property;                                                                      
       (2)  reasonable costs incurred by the state in detection,                                    
     investigation, and attempted correction of the violation;                                      
       (3)  the economic savings realized by the person in not                                      
     complying with the requirement for which a violation is charged;                               
     and                                                                                            
       (4)  the need for an enhanced civil penalty to deter future                                  
     noncompliance.                                                                                 
   * Sec. 17.  AS 46.03.463(d) and 46.03.463(g) are repealed.                                     
   * Sec. 18.  Sections 3 and 5, ch. 153, SLA 2004, are repealed.                                 
   * Sec. 19.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 TRANSITION:  REGULATIONS.  The Department of Revenue                                               
may proceed to adopt regulations to implement sec. 3 of this Act.  The                              
regulations take effect under AS 44.62 (Administrative Procedure                                    
Act), but not before the effective date of sec. 3 of this Act.                                      
   * Sec. 20.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 SEVERABILITY.  Any portion of this legislation that is declared                                    
unlawful shall be stricken in a manner that preserves the remaining                                 
portion of the remaining legislation to the maximum extent possible.                                
   * Sec. 21.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 REVISOR'S INSTRUCTION:  The revisor of statutes shall                                              
substitute "AS 43.52.010 - 43.52.099" for "this chapter" wherever "this                             
chapter" occurs in AS 43.52.010 - 43.52.099.                                                        
   * Sec. 22.  Section 16, ch. 153, SLA 2004, is amended to read:                                 
Sec. 16.  Sections [3, 5,] 8, 10, 12, and 13 of this Act take effect                                
January 1, 2016.                                                                                    

2005-05-09                     House Journal                      Page 1851
   * Sec. 23.  This Act takes effect immediately under                                            
AS 01.10.070(c)."                                                                                   
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected and rose to a point of order citing                                
Rule 35 of the Uniform Rules.                                                                       
                                                                                                    
The Speaker ruled that the amendment was in order.                                                  
                                                                                                    
Representative Ramras placed a call of the House.                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 174(FIN) am H                                                                                
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  7   NAYS:  29   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Gara, Gardner, Gatto, Guttenberg, Kerttula                                
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster,                               
Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux,                                 
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                       
Salmon, Samuels, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall HCS SB 174(FIN) am H pass the House?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 174(FIN) am H                                                                                
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  1   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    

2005-05-09                     House Journal                      Page 1852
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott,                                       
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Salmon, Samuels, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Nays:  Rokeberg                                                                                     
                                                                                                    
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
And so, HCS SB 174(FIN) 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.                                
                                                                                                    
Representative Croft gave notice of reconsideration of the vote on                                  
HCS SB 174(FIN) am H.