Legislature(2005 - 2006)

2005-04-05 House Journal

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2005-04-05                     House Journal                      Page 0857
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Tuesday                   April 5, 2005                           
                                                                                                    
                           Eighty-sixth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:23 a.m.                                                                                
                                                                                                    
Roll call showed 37 members present.  Representative Kerttula had                                   
been previously excused from a call of the House today.                                             
Representatives Guttenberg and Kott were absent and their presence                                  
was noted later.                                                                                    
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Representative Coghill.                                 
Representative McGuire moved and asked unanimous consent that the                                   
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    As we reflect that we really only pass any given day once - we are                              
    very temporal - we bow before the Almighty and I am going to                                    
    quote a passage that I remember:                                                                
                                                                                                    
    "Let not the wise man glory in his wisdom; let not the mighty man                               
    glory in his might; let not the rich man glory in his riches; but let                           
    him that glorieth glory in this, that he understandeth and knoweth                              
    me that I am the Lord saieth the Lord God Almighty."                                            
    (Jeremiah 9:23-24)                                                                              
                                                                                                    
    As we reflect on the authority and the privilege of our position and                            
    the temporalness of our world, we ask for Your eternal wisdom,                                  
    Almighty God, we pray.  In Jesus' name.  Amen.                                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Weyhrauch.                                       

2005-04-05                     House Journal                      Page 0858
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 85th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                      MESSAGES FROM THE GOVERNOR                                                 
                                                                                                    
A letter dated April 4, 2005, was read stating that, in accordance with                             
Article III, Section 25 of the Alaska Constitution, the Governor                                    
submits the following names for legislative confirmation of                                         
appointment to the positions noted.                                                                 
                                                                                                    
The Speaker referred the following to the Judiciary Committee:                                      
                                                                                                    
Attorney General of Alaska                                                                        
 Mr. Dave Marquez - Anchorage                                                                       
 Appointed:  3/31/2005                                                                              
                                                                                                    
The Speaker referred the following to the Resources Committee:                                      
                                                                                                    
Commissioner - Department of Environmental Conservation                                           
 Mr. Kurt Fredriksson - Juneau                                                                      
 Appointed:  3/31/2005                                                                              
                                                                                                    
The Speaker referred the following to the House Special Committee                                   
on Fisheries and the Resources Committee:                                                           
                                                                                                    
Commissioner - Department of Fish and Game                                                        
 Mr. McKie Campbell - Juneau                                                                        
 Appointed:  3/31/2005                                                                              
                                                                                                    
The letter further stated that, in accordance with AS 39.05.080, the                                
Governor submits the following names for legislative confirmation of                                
appointment to the board noted.                                                                     
                                                                                                    
The Speaker referred the following to the House Special Committee                                   
on Education and the Health, Education & Social Services Committee:                                 
                                                                                                    

2005-04-05                     House Journal                      Page 0859
Board of Education and Early Development                                                          
 Ms. Esther Cox - Anchorage                                                                         
 Reappointed:  3/31/2005  Term Expires:  3/1/2010                                                   
                                                                                                    
 Ms. Shirley Holloway - Anchorage                                                                   
 Reappointed:  3/31/2005  Term Expires:  3/1/2010                                                   
                                                                                                    
Resumes for the appointments are on file in the Chief Clerk's office.                               
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 54                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 54                                                                               
    "An Act relating to bail review."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 54(JUD)                                                                   
    "An Act relating to bail review; relating to the introduction of the                            
    victim and the defendant or minor to the jury; amending Rule 27,                                
    Alaska Rules of Criminal Procedures, and Rule 21, Alaska                                        
    Delinquency Rules; and providing for an effective date."                                        
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Anderson, Dahlstrom, Coghill, McGuire                                                 
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 54(JUD):                                                 
                                                                                                    
1.  Zero, Dept. of Corrections                                                                      
2.  Zero, Alaska Court System                                                                       
3.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 54 was referred to the Finance Committee.                                                        
                                                                                                    

2005-04-05                     House Journal                      Page 0860
HB 71                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 71                                                                               
    "An Act relating to a credit for certain exploration expenses                                   
    against oil and gas properties production taxes on oil and gas                                  
    produced from a lease or property in the state; relating to the                                 
    deadline for certain exploration expenditures used as credits                                   
    against production tax on oil and gas produced from a lease or                                  
    property in the Alaska Peninsula competitive oil and gas areawide                               
    lease sale area after July 1, 2004; and providing for an effective                              
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 71(RES)                                                                   
    "An Act relating to a credit for certain exploration expenses                                   
    against oil and gas properties production taxes on oil and gas                                  
    produced from a lease or property in the state, and to the deadline                             
    for certain exploration expenditures from a lease or property in the                            
    Alaska Peninsula competitive oil and gas areawide lease sale area                               
    or the Nenana Basin license area used as credits against the                                    
    production tax on oil and gas produced; and providing for an                                    
    effective date."                                                                                
                                                                                                    
The report was signed by Representatives Ramras and Samuels, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Elkins, Ramras, Samuels                                                               
                                                                                                    
No recommendation (5):  Olson, Gatto, Crawford, Seaton, LeDoux                                      
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 71(RES):                                                 
                                                                                                    
1.  Indeterminate, Dept. of Natural Resources                                                       
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 71 was referred to the Finance Committee.                                                        
                                                                                                    

2005-04-05                     House Journal                      Page 0861
HB 131                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 131                                                                              
    "An Act increasing the criminal classification of theft of an access                            
    device and of obtaining an access device or identification                                      
    documents by fraudulent means; increasing the criminal                                          
    classification for certain cases of fraudulent use of an access                                 
    device; and providing for an effective date."                                                   
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Hawker, Foster, Stoltze, Kelly, Meyer                                                 
                                                                                                    
No recommendation (2):  Holm, Weyhrauch                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Corrections                                                                      
2.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Public Safety                                                                    
4.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 131 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 132                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 132                                                                              
    "An Act relating to sentencing for certain crimes committed                                     
    against the elderly; and providing for an effective date."                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 132(JUD)                                                                  
    "An Act relating to certain crimes committed against the elderly;                               
    and providing for an effective date."                                                           
                                                                                                    

2005-04-05                     House Journal                      Page 0862
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Hawker, Holm, Stoltze, Kelly, Foster, Meyer                                           
                                                                                                    
No recommendation (1):  Weyhrauch                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 132(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Public Safety                                                                    
3.  Indeterminate, Dept. of Corrections                                                             
5.  Fiscal, Dept. of Administration                                                                 
6.  Fiscal, Alaska Court System                                                                     
                                                                                                    
HB 132 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
**The presence of Representative Guttenberg was noted.                                              
                                                                                                    
                                                                                                    
HB 157                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 157                                                       
    "An Act clarifying the powers of electric or telephone                                          
    cooperatives to become members of or own stock in other                                         
    entities."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    157(CRA)                                                                                        
    "An Act clarifying the powers of electric cooperatives to become                                
    members of or own stock in other entities, and permitting electric                              
  cooperatives to sell fuel not needed to generate electric energy."                               
                                                                                                    
The report was signed by Representatives Thomas and Olson, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    

2005-04-05                     House Journal                      Page 0863
Do pass (3):  Salmon, Thomas, Olson                                                                 
                                                                                                    
No recommendation (1):  LeDoux                                                                      
                                                                                                    
The following fiscal note(s) apply to CSSSHB 157(CRA):                                              
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
SSHB 157 was referred to the Labor & Commerce Committee.                                            
                                                                                                    
                                                                                                    
HB 184                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 184                                                                              
    "An Act relating to firearms."                                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 184(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Kott, Gruenberg, Anderson, Dahlstrom, Coghill,                                        
McGuire                                                                                             
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 184(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 184 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    

2005-04-05                     House Journal                      Page 0864
HB 192                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 192                                                                              
    "An Act relating to requirements to obtain and maintain a fisheries                             
    business license; relating to security required of fish processors                              
    and primary fish buyers; and providing for an effective date."                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 192(FSH)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  LeDoux                                                                                
                                                                                                    
No recommendation (5):  Crawford, Kott, Guttenberg, Rokeberg,                                       
Anderson                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 192(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Zero, Dept. of Fish & Game                                                                      
3.  Zero, Dept. of Labor & Workforce Development                                                    
4.  Zero, Dept. of Labor & Workforce Development                                                    
5.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 192 was referred to the Finance Committee.                                                       
                                                                                                    
HB 229                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 229                                                                              
    "An Act relating to the reinstatement of Native corporations; and                               
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    

2005-04-05                     House Journal                      Page 0865
Do pass (8):  Hawker, Holm, Weyhrauch, Stoltze, Moses, Foster,                                      
Meyer, Chenault                                                                                     
                                                                                                    
No recommendation (1):  Kelly                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
HB 229 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 25                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    SENATE BILL NO. 25                                                                              
    "An Act relating to labeling and identification of genetically                                  
    modified fish and fish products."                                                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, LeDoux, Guttenberg, Anderson                                                
                                                                                                    
No recommendation (2):  Kott, Rokeberg                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Zero, Dept. of Law                                                                              
                                                                                                    
SB 25 was referred to the Resources Committee.                                                      
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    

2005-04-05                     House Journal                      Page 0866
Honoring - Dillingham Girls Volleyball Team, Dillingham City                                        
School District, Coach Victor A. Belleque                                                           
By Senator Hoffman; Representative Moses                                                            
                                                                                                    
In Memoriam - Amy Lou Guerin Barney                                                                 
By Senator Elton; Representatives Kerttula, Weyhrauch                                               
                                                                                                    
In Memoriam - Andrew Gibb                                                                           
By Senator Elton; Representatives Kerttula, Weyhrauch                                               
                                                                                                    
In Memoriam - Jack Coogan                                                                           
By Senator Elton; Representatives Kerttula, Weyhrauch                                               
                                                                                                    
In Memoriam - Clarence "Clancy" Foster                                                              
By Senator Elton; Representatives Kerttula, Weyhrauch                                               
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HJR 17                                                                                            
HOUSE JOINT RESOLUTION NO. 17 by Representative Elkins:                                             
                                                                                                    
    Opposing the Federal Lands Recreation Enhancement Act.                                          
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 251                                                                                            
HOUSE BILL NO. 251 by Representatives Samuels and Thomas,                                           
entitled:                                                                                           
                                                                                                    
    "An Act authorizing the Board of Fisheries to adopt regulations                                 
    regarding fishing by a person who holds two entry permits for a                                 
    salmon fishery."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              

2005-04-05                     House Journal                      Page 0867
HB 252                                                                                            
HOUSE BILL NO. 252 by Representative Holm, entitled:                                                
                                                                                                    
    "An Act providing for a sport fishing facility surcharge on sport                               
    fishing licenses; providing for the construction and renovation of                              
    state sport fishing facilities and for other projects beneficial to the                         
    sport fish resources of the state as a public enterprise; and                                   
    authorizing the issuance of revenue bonds to finance those                                      
    projects."                                                                                      
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources and Finance Committees.                                                 
                                                                                                    
HB 253                                                                                            
HOUSE BILL NO. 253 by Representative Rokeberg, entitled:                                            
                                                                                                    
    "An Act making appropriations from the Railbelt energy fund for                                 
    preliminary engineering reconnaissance and related work for                                     
    construction of a natural gas spur line to transport North Slope                                
    natural gas to the Southcentral natural gas transmission grid, and                              
    to designated municipalities and electrical associations for a                                  
    Railbelt intertie and an electrical transmission system; and                                    
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 254                                                                                            
HOUSE BILL NO. 254 by Representative Rokeberg, entitled:                                            
                                                                                                    
    "An Act directing the Alaska Natural Gas Development Authority                                  
    to use money appropriated from the Railbelt energy fund and from                                
    other sources for preliminary engineering and related work for the                              
    construction of pipeline facilities to transport Alaska North Slope                             
    natural gas to the Southcentral Alaska gas distribution grid, and                               
    amending the definition of 'project' as applied to the work of the                              
    Alaska Natural Gas Development Authority; and providing for an                                  
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 

2005-04-05                     House Journal                      Page 0868
                            RECONSIDERATION                                                      
                                                                                                    
HB 95                                                                                             
Representative Berkowitz brought up reconsideration of the vote on                                  
CSHB 95(RLS) (page 845).                                                                            
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 95(RLS)                                                                   
    "An Act relating to the duties of the Department of Health and                                  
    Social Services as those duties pertain to public health and public                             
    health emergencies and disasters; relating to medical treatment,                                
    information, isolation and quarantine for the prevention and                                    
    management of conditions of public health importance; relating to                               
    duties of the public defender and office of public advocacy                                     
    regarding public health emergencies and disasters; relating to                                  
    liability for actions arising from public health procedures; making                             
    conforming amendments; relating to the treatment and                                            
    transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65,                              
    72, and 77, Alaska Rules of Civil Procedure; and providing for an                               
    effective date."                                                                                
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 95(RLS) be returned to second reading for the specific purpose                                 
of considering an amendment.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Weyhrauch:                                            
                                                                                                    
Page 19, following line 3:                                                                          
 Insert new material to read:                                                                       
     "Sec. 18.15.393.  Report to legislature.  The department                                     
    shall annually report to the legislature the activities conducted by                            
    the department under AS 18.15.355 - 18.15.395, including                                        
    information pertaining to the number of individuals quarantined,                                
    the purpose for the quarantine, and the length of the quarantine."                              
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    

2005-04-05                     House Journal                      Page 0869
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 95(RLS) am be returned to second reading for the specific                                      
purpose of considering Amendment No. 3.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 3, line 5, following "state employee":                                                     
 Insert "or if the employee releases medical records or                                         
quarantines or isolates in intentional violation of AS 18.15.365 or                             
AS 18.15.385"                                                                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
                                                                                                    
Amendment to Amendment No. 3 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
Under Page 3, line 5:                                                                               
 Delete "releases medical records or"                                                           
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 3 be adopted.                                                            
                                                                                                    
Representative Gruenberg objected.                                                                  
                                                                                                    
Representative Gara moved and asked unanimous consent to withdraw                                   
Amendment to Amendment No. 3.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 3.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
New Amendment No. 3 was offered  by Representatives Berkowitz,                                       
Gara, and McGuire:                                                                                  

2005-04-05                     House Journal                      Page 0870
Page 3, line 9:                                                                                     
 Insert a new paragraph to read:                                                                    
      "(4) except, if the employee quarantines or isolates a                                    
    person with gross negligence or in intentional violation of                                 
    AS 13.15.385, the state shall pay a penalty of $500 per day of                              
    the improper quarantine;"                                                                   
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that New                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Amendment No. 1 to New Amendment No. 3 was offered  by                                               
Representative Gruenberg:                                                                           
                                                                                                    
Under Page 3, line 9, following "pay":                                                          
 Insert "to the person who was quarantined or isolated"                                         
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 to New Amendment No. 3 be adopted.                                                  
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 to New Amendment No. 3 was adopted.                                                 
                                                                                                    
Amendment No. 2 to New Amendment No. 3 as amended was offered                                       
by Representative Gatto:                                                                            
                                                                                                    
Under Page 3, line 9, following "penalty":                                                      
 Delete "of"                                                                                    
 Insert "up to"                                                                                 
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 2 to New Amendment No. 3 as amended be adopted.                                       
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 2 to New Amendment                                        
No. 3 as amended be adopted?"  The roll was taken with the following                                
result:                                                                                             

2005-04-05                     House Journal                      Page 0871
                                                                                                    
CSHB 95(RLS) am--RECONSIDERATION                                                                    
Second Reading                                                                                      
Amendment No. 2 to New Amendment No. 3 as amended                                                   
                                                                                                    
YEAS:  11   NAYS:  25   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Dahlstrom, Gatto, Hawker, Kohring,                                       
Lynn, McGuire, Meyer, Olson, Rokeberg                                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Elkins, Foster,                                 
Gara, Gardner, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner,                                 
Kelly, Kott, LeDoux, Moses, Neuman, Salmon, Stoltze, Thomas,                                        
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Ramras, Samuels, Seaton                                                                    
                                                                                                    
And so, Amendment No. 2 to New Amendment No. 3 as amended was                                       
not adopted.                                                                                        
                                                                                                    
The question being:  "Shall New Amendment No. 3 as amended be                                       
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 95(RLS) am--RECONSIDERATION                                                                    
Second Reading                                                                                      
New Amendment No. 3 as amended                                                                      
                                                                                                    
YEAS:  29   NAYS:  7   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg,                                     
Harris, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire,                                   
Meyer, Moses, Neuman, Salmon, Stoltze, Thomas, Wilson                                               
                                                                                                    
Nays:  Foster, Gatto, Hawker, Kohring, Olson, Rokeberg, Weyhrauch                                   
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Ramras, Samuels, Seaton                                                                    
                                                                                                    
And so, New Amendment No. 3 as amended was adopted.                                                 
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
CSHB 95(RLS) am be returned to second reading for the specific                                      

2005-04-05                     House Journal                      Page 0872
purpose of considering Amendment No. 4.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Gruenberg,                                           
Samuels, and McGuire:                                                                               
                                                                                                    
Page 9, following line 26:                                                                          
 Insert a new subsection to read:                                                                   
     "(d)  A person who intentionally discloses identifiable health                                 
    information in violation of this section or a regulation adopted                                
    under this section is guilty of a class A misdemeanor.  In this                                 
    subsection, "intentionally" has the meaning given in                                            
    AS 11.81.900(a)."                                                                               
                                                                                                    
Page 17, following line 2:                                                                          
 Insert a new subsection to read:                                                                   
     "(o)  A person who intentionally violates this section or a                                    
    regulation adopted under this section is guilty of a class A                                    
    misdemeanor.  In this subsection, "intentionally" has the meaning                               
    given in AS 11.81.900(a)."                                                                      
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 4 was adopted.                                                                        
                                                                                                    
                                                                                                    
CSHB 95(RLS) am was automatically in third reading.                                                 
                                                                                                    
The question to be reconsidered:  "Shall CSHB 95(RLS) am pass the                                   
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 95(RLS) am--RECONSIDERATION                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    

2005-04-05                     House Journal                      Page 0873
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kohring, Kott,                                      
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg,                                       
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Croft, Kapsner, Ramras                                                                     
                                                                                                    
And so, CSHB 95(RLS) am passed the House on reconsideration.                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
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.                                   
                                                                                                    
CSHB 95(RLS) am was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 66                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 66                                                                               
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT CS(FIN) 7DP 3NR                                            831                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2005-04-05                     House Journal                      Page 0874
    CS FOR HOUSE BILL NO. 66(FIN)                                                                   
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 66(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.                                                                        
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
CSHB 66(FIN) will advance to third reading on tomorrow's calendar.                                  
                                                                                                    
                                                                                                    
HB 67                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 67                                                                               
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; making appropriations under art. IX, sec.                                  
    17(c), Constitution of the State of Alaska, from the constitutional                             
    budget reserve fund; and providing for an effective date."                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT CS(FIN) 6DP 3NR 1AM                                        832                             
                                                                                                    
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. 67(FIN)                                                                   
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 67(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.                                                                        
                                                                                                    

2005-04-05                     House Journal                      Page 0875
Objection was heard.                                                                                
                                                                                                    
CSHB 67(FIN) will advance to third reading on tomorrow's calendar.                                  
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Frank Dahl                                                                               
By Representatives Anderson, Harris, Berkowitz, Chenault, Cissna,                                   
Crawford, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg,                                      
Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux,                                         
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                            
Seaton, Thomas, Weyhrauch, Wilson                                                                   
                                                                                                    
Honoring - Noorvik Aqqaluk School                                                                   
By Representatives Joule, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                 
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kelly,                                         
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                         
Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas, Weyhrauch,                                       
Wilson                                                                                              
                                                                                                    
Honoring - YWCA 2004 Women of Achievement Award Winner                                              
Carol Gore                                                                                          
By Senator Ellis; Representatives Gara, Harris, Anderson, Berkowitz,                                
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins,                                      
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas,                                           
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - Michael Binkie                                                                           
By Senator Stedman; Representatives Wilson, Harris, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer,                                       
Neuman, Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas,                                   
Weyhrauch                                                                                           

2005-04-05                     House Journal                      Page 0876
Honoring - Kristen Forrester                                                                        
By Senator Green; Representatives Harris, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara,                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas,                                           
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - Region I Elections Supervisor, Pamela J. Crowe                                           
By Senators Elton, Stedman; Representatives Harris, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer,                                       
Neuman, Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas,                                   
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - Ron Zobel                                                                             
By Representatives Croft, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Elkins, Gara, Gardner, Gatto, Gruenberg,                                 
Guttenberg, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux,                                    
McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Seaton, Thomas,                                      
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - LB Mauldin                                                                            
By Representatives Stoltze, Dahlstrom, Hawker, Kott, Harris,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm,                                  
Joule, Kapsner, Kelly, Kohring, LeDoux, McGuire, Meyer, Neuman,                                     
Olson, Ramras, Rokeberg, Salmon, Seaton, Thomas, Weyhrauch,                                         
Wilson; Senators Bunde, Dyson                                                                       
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Wilson - from 8:00 p.m., April 7 to 7:00 a.m., plane                                 
time, April 10, 2005                                                                                
                                                                                                    

2005-04-05                     House Journal                      Page 0877
HB 16                                                                                             
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 16                                                                               
    "An Act relating to funding for school districts operating                                      
    secondary school boarding programs and to funding for school                                    
    districts from which boarding students come; and providing for an                               
    effective date."                                                                                
                                                                                                    
HB 122                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 122                                                                              
    "An Act relating to payment of premiums for Servicemembers'                                     
    Group Life Insurance on behalf of members of the Alaska                                         
    National Guard deployed to a combat zone; and providing for an                                  
    effective date."                                                                                
                                                                                                    
HB 247                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 247                                                                              
    "An Act establishing a grant program to support voluntary class                                 
    size reduction."                                                                                
                                                                                                    
SB 104                                                                                            
Representative Gruenberg added his name as cross sponsor to:                                        
                                                                                                    
    CS FOR SENATE BILL NO. 104(JUD)                                                                 
    "An Act relating to the crimes of unsworn falsification in the first                            
    and second degrees and false information or report; requiring the                               
    establishment of a permanent fund dividend fraud investigation                                  
    unit in the Department of Revenue; and providing for an effective                               
    date."                                                                                          
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 95                                                                                             
CSHB 95(RLS) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2005-04-05                     House Journal                      Page 0878
                              ENROLLMENT                                                         
                                                                                                    
HB 42                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 9:36 a.m.,                                 
April 5, 2005:                                                                                      
                                                                                                    
    SENATE CS FOR HOUSE BILL NO. 42(CRA)                                                            
    "An Act naming the Joseph C. Williams, Sr., Coastal Trail."                                     
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
House Special Committee on Education                                                                
CHANGED TO:                                                   5:30 p.m.                             
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 6, 2005.  There being no                                      
objection, the House adjourned at 11:27 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk