Legislature(2005 - 2006)
2005-04-13 House Journal
Full Journal pdf2005-04-13 House Journal Page 1011 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday April 13, 2005 Ninety-fourth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:16 a.m. Roll call showed 33 members present. Representatives Berkowitz, Joule, and Kapsner had been previously excused from a call of the House today. Representatives Anderson, Kott, and Weyhrauch were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representative Crawford be excused from a call of the House today to 2:00 p.m., plane time, April 17, 2005. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Nancy Campbell of the Gospel Outreach Christian Center. Representative Rokeberg moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Dear Heavenly Father, I ask Your blessing on this body of legislators today as they deliberate over the bills presented. Encourage them, Lord, and confer upon them the wisdom needed to know which way to vote on the issues that require action before the end of this session. I pray for a special grace and an ability for them to redeem the time while working together. Refresh their minds and bring healing to their bodies. Grant them supernatural strength in 2005-04-13 House Journal Page 1012 the place of weariness. Let their communication be clear and give them understanding of one another. Let Your kingdom come and Your will be done in this Chamber today. Thank You, Lord. In Jesus' name. Amen. The Pledge of Allegiance was led by Representative Hawker. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 93rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 15 A message dated April 12, 2005, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to open ocean aquaculture in the federal exclusive economic zone. CSHJR 15(RES) was referred to the Chief Clerk for enrollment. **The presence of Representative Kott was noted. A message dated April 12, 2005, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 137 SENATE BILL NO. 137 by Senator Seekins, entitled: 2005-04-13 House Journal Page 1013 "An Act providing that an institution providing accommodations exempt from the provisions of the Uniform Residential Landlord and Tenant Act may evict tenants without resorting to court proceedings under AS 09.45.060 - 09.45.160." was read the first time and referred to the Labor & Commerce and Judiciary Committees. REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Randy H. Eledge Mr. Lester C. Lunceford Ms. Barbara J. (Tamie) Miller as members of the State Commission for Human Rights. The reports were signed by Representative Seaton, Chair; and Representatives Gardner, Lynn, Gatto, Gruenberg, and Elkins. Ms. M. Chris Hayes as a member of the State Commission for Human Rights. The report was signed by Representative Seaton, Chair; and Representatives Gardner, Lynn, Gatto, and Elkins. HB 94 The Judiciary Committee has considered: HOUSE BILL NO. 94 "An Act relating to qualifications of voters, requirements and procedures regarding independent candidates for President and Vice-President of the United States, voter registration and voter registration records, voter registration through a power of attorney, voter registration using scanned documents, voter residence, precinct boundary and polling place designation and 2005-04-13 House Journal Page 1014 modification, recognized political parties, voters unaffiliated with a political party, early voting, absentee voting, application for absentee ballots through a power of attorney, or by scanned documents, ballot design, ballot counting, voting by mail, voting machines, vote tally systems, initiative, referendum, recall, and definitions in the Alaska Election Code; relating to incorporation elections; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 94(JUD) "An Act relating to qualifications of voters, requirements and procedures regarding independent candidates for President and Vice-President of the United States, voter registration, voter residence, precinct boundary and polling place designation and modification, political parties, voters unaffiliated with a political party, early voting, absentee voting, ballot design, ballot counting, voting by mail, voting machines, vote tally systems, qualifications for elected office, initiative, referendum, recall, and definitions in the Alaska Election Code; and relating to incorporation elections." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (4): Anderson, Coghill, Gara, McGuire Amend (1): Gruenberg The following fiscal note(s) apply to CSHB 94(JUD): 2. Fiscal, Office of the Governor HB 94 was referred to the Finance Committee. HB 130 The Finance Committee has considered: 2005-04-13 House Journal Page 1015 HOUSE BILL NO. 130 "An Act granting certain state land to the University of Alaska and establishing the university research forest; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 130(FIN) "An Act relating to the grant of certain state land to the University of Alaska; relating to the duties of the Board of Regents; establishing the university research forest; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Hawker, Weyhrauch, Kelly, Foster No recommendation (5): Holm, Stoltze, Moses, Meyer, Chenault A Finance Committee letter of intent for CSHB 130(FIN), signed by Representatives Meyer and Chenault, Co-chairs, follows: "It is the intent of the 24th Alaska State Legislature that the University of Alaska maintain its role in the state as an academically strong and financially secure state university system in order to remain a cornerstone of the long-term development of a stable population and contribute to a healthy, diverse economy in the state. The State of Alaska and the University of Alaska have identified particular lands to be conveyed to the Board of Regents in trust for the University of Alaska. The 24th Alaska State Legislature intends that the Board of Regents of the University of Alaska receive land in trust for the University of Alaska under the provisions in House Bill 130 in an expeditious manner; and encourage the development of in-state value-added industries to the extent economically feasible and practicable when it develops the land conveyed. The University has agreed that land conveyed at Cold Foot Node will not be used for the purposes of establishing businesses that would 2005-04-13 House Journal Page 1016 compete with an existing business that has entered into a long-term lease with the Department of Natural Resources. It is the intent of the Legislature to approve that arrangement between those parties and the University. Further, it is the intent of the Legislature that the University of Alaska uses the land for development purposes that contribute to the economic diversification and vitality of Alaska. The University may not convey the land to a not-for-profit corporation or to an entity that intends to set the land aside in trust for conservation purposes or non- economically productive uses." The following fiscal note(s) apply to CSHB 130(FIN): 1. Zero, Dept. of Fish & Game 2. Fiscal, Dept. of Law 3. Fiscal, Dept. of Natural Resources 4. Fiscal, University of Alaska HB 130 was referred to the Rules Committee for placement on the calendar. HB 210 The Finance Committee has considered: HOUSE BILL NO. 210 "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 210(JUD) (same title) The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (6): Kelly, Holm, Stoltze, Hawker, Foster, Chenault 2005-04-13 House Journal Page 1017 No recommendation (1): Weyhrauch The following fiscal note(s) apply to CSHB 210(JUD): 1. Zero, Alaska Court System 2. Zero, Dept. of Corrections 3. Zero, Dept. of Law 4. Zero, Dept. of Public Safety HB 210 is on today's calendar. HB 215 The State Affairs Committee has considered: HOUSE BILL NO. 215 "An Act relating to the investment responsibilities of the Alaska Permanent Fund Corporation; relating to regulations proposed and adopted by the Board of Trustees of the Alaska Permanent Fund Corporation and providing procedures for the adoption of regulations by the board; and providing for an effective date." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (5): Gardner, Lynn, Elkins, Ramras, Seaton No recommendation (1): Gatto The following fiscal note(s) apply: 1. Zero, Dept. of Revenue HB 215 was referred to the Finance Committee. HB 225 The Finance Committee has considered: HOUSE BILL NO. 225 "An Act relating to medical examiners and medical death examinations." 2005-04-13 House Journal Page 1018 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (3): Hawker, Foster, Meyer No recommendation (4): Holm, Stoltze, Kelly, Chenault The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services HB 225 is on today's calendar. **The presence of Representative Anderson was noted. HB 231 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 231 "An Act relating to the definition of 'municipality' for purposes of human services community matching grants." and recommends it be replaced with: CS FOR HOUSE BILL NO. 231(CRA) "An Act relating to the definition of 'municipality' for purposes of human services community matching grants; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (4): Cissna, Gardner, Seaton, Wilson No recommendation (1): McGuire The following fiscal note(s) apply to CSHB 231(CRA): 1. Zero, Dept. of Commerce, Community, & Economic Development 3. Zero, Dept. of Health & Social Services 2005-04-13 House Journal Page 1019 HB 231 was referred to the Finance Committee. SB 87 The State Affairs Committee has considered: SENATE BILL NO. 87 "An Act relating to motor vehicle safety belt violations." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 87(STA) (same title) The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (1): Gruenberg Do not pass (4): Gardner, Lynn, Gatto, Elkins No recommendation (1): Seaton The following fiscal note(s) apply to HCS SB 87(STA): 1. Zero, Dept. of Transportation & Public Facilities 2. Zero, Dept. of Law 3. Zero, Alaska Court System 4. Zero, Dept. of Public Safety SB 87 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HB 252 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 252 "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 2005-04-13 House Journal Page 1020 sport fish resources of the state as a public enterprise; and authorizing the issuance of revenue bonds to finance those projects." The report was signed by Representatives LeDoux and Thomas, Co- chairs, with the following individual recommendations: Do pass (3): Wilson, Elkins, Thomas Do not pass (2): Salmon, LeDoux No recommendation (1): Harris The following fiscal note(s) apply: 1. Zero. Dept. of Commerce, Community, & Economic Development 2. Fiscal, Dept. of Fish & Game 3. Fiscal, Dept. of Revenue HB 252 was referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 83 The following was read the second time: HOUSE BILL NO. 83 "An Act relating to the Alaska Seismic Hazards Safety Commission." with the: Journal Page MLV RPT CS(MLV) NT 6DP 235 FN1: ZERO(MVA) 236 FN2: ZERO(DNR) 236 STA RPT CS(MLV) NT 7DP 560 FN1: ZERO(MVA) 560 FN2: ZERO(DNR) 560 2005-04-13 House Journal Page 1021 FIN RPT CS(FIN) NT 6DP 4NR 927 FN2: ZERO(DNR) 927 FN3: INDETERMINATE(MVA) 927 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. 83(FIN) "An Act relating to the Alaska Seismic Hazards Safety Commission; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 83(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 83(FIN) was read the third time. The question being: "Shall CSHB 83(FIN) pass the House?" The roll was taken with the following result: CSHB 83(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Berkowitz, Crawford, Joule, Kapsner Absent: Weyhrauch And so, CSHB 83(FIN) passed the House. 2005-04-13 House Journal Page 1022 Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 83(FIN) was referred to the Chief Clerk for engrossment. **The presence of Representative Weyhrauch was noted. HB 91 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 91 "An Act relating to indecent exposure." HB 122 The following was read the second time: 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." with the: Journal Page MLV RPT CS(MLV) NT 6DP 688 FN1: ZERO(CED) 689 FN2: INDETERMINATE(MVA) 689 FN2: (MVA) CORRECTED 720 FIN RPT CS(FIN) NT 10DP 1NR 907 FN1: ZERO(CED) 907 FN2: (MVA) 907 FN3: ZERO(EED) 907 FN4: (DFG) 907 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2005-04-13 House Journal Page 1023 CS FOR HOUSE BILL NO. 122(FIN) "An Act relating to certain relief concerning motor vehicle leases, telephone services, education, utilities, state loans, and hunting, fishing, and trapping licenses for members of the Alaska National Guard deployed to a combat zone; relating to reimbursement of premiums for Servicemembers' Group Life Insurance paid by members of the Alaska National Guard deployed to a combat zone; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 122(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Kerttula objected. CSHB 122(FIN) will advance to third reading on tomorrow's calendar. HB 210 The following was read the second time: HOUSE BILL NO. 210 "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." with the: Journal Page JUD RPT CS(JUD) 6DP 797 FN1: ZERO(CRT) 798 FN2: ZERO(COR) 798 FN3: ZERO(LAW) 798 FN4: ZERO(DPS) 798 FIN RPT CS(JUD) 6DP 1NR 1016 FN1: ZERO(CRT) 1017 FN2: ZERO(COR) 1017 FN3: ZERO(LAW) 1017 FN4: ZERO(DPS) 1017 2005-04-13 House Journal Page 1024 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. 210(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 210(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 210(JUD) was read the third time. The question being: "Shall CSHB 210(JUD) pass the House?" The roll was taken with the following result: CSHB 210(JUD) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Berkowitz, Crawford, Joule, Kapsner Absent: Weyhrauch And so, CSHB 210(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 225 The following was read the second time: HOUSE BILL NO. 225 "An Act relating to medical examiners and medical death examinations." 2005-04-13 House Journal Page 1025 with the: Journal Page HES RPT 5DP 799 FN1: ZERO(HSS) 799 FIN RPT 3DP 4NR 1017 FN1: ZERO(HSS) 1018 Representative Coghill moved and asked unanimous consent that HB 225 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 225 was read the third time. The question being: "Shall HB 225 pass the House?" The roll was taken with the following result: HB 225 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Berkowitz, Crawford, Joule, Kapsner Absent: Kelly And so, HB 225 passed the House and was referred to the Chief Clerk for engrossment. HB 230 The following was read the second time: HOUSE BILL NO. 230 "An Act authorizing the making of loans for upgrade of commercial fishing tender vessels and gear." 2005-04-13 House Journal Page 1026 with the: Journal Page FSH RPT 4DP 1NR 801 FN1: ZERO(CED) 801 RES RPT 7DP 2NR 908 FN1: ZERO(CED) 909 Representative Coghill moved and asked unanimous consent that HB 230 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 230 was read the third time. Representative Seaton moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Seaton was required to vote. The question being: "Shall HB 230 pass the House?" The roll was taken with the following result: HB 230 Third Reading Final Passage YEAS: 32 NAYS: 2 EXCUSED: 4 ABSENT: 2 Yeas: Anderson, Chenault, Cissna, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Coghill, Kohring Excused: Berkowitz, Crawford, Joule, Kapsner Absent: Moses, Rokeberg And so, HB 230 passed the House and was referred to the Chief Clerk for engrossment. 2005-04-13 House Journal Page 1027 THIRD READING OF HOUSE BILLS HB 41 The following, which was advanced to third reading from the April 12, 2005, calendar (page 987), was read the third time: CS FOR HOUSE BILL NO. 41(FIN) "An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed against an employee of an elementary, junior high, or secondary school or certain contractors of school districts who were engaged in the performance of school duties at the time of the assault." Representative Gatto moved and asked unanimous consent that CSHB 41(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Gatto: Page 2, line 3, following "elementary,": Insert "middle school," Representative Gatto moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Gruenberg objected. Amendment to Amendment No. 1 was offered by Representative Gruenberg: Page 1, line 2, following "elementary," (title amendment): Insert "middle school," Representative Gruenberg moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. 2005-04-13 House Journal Page 1028 There being no further objection, Amendment No. 1 as amended was adopted and the new title follows: CS FOR HOUSE BILL NO. 41(FIN) am "An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed against an employee of an elementary, middle school, junior high, or secondary school or certain contractors of school districts who were engaged in the performance of school duties at the time of the assault." The question being: "Shall CSHB 41(FIN) am pass the House?" The roll was taken with the following result: CSHB 41(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 4 ABSENT: 4 Yeas: Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Ramras, Rokeberg, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Berkowitz, Crawford, Joule, Kapsner Absent: Kelly, Olson, Salmon, Samuels And so, CSHB 41(FIN) am passed the House and was referred to the Chief Clerk for engrossment. Representative Coghill moved and asked unanimous consent that Representative Olson be excused from a call of the House until 10:00 p.m., plane time, April 14, 2005. There being no objection, it was so ordered. HB 149 The following, which was advanced to third reading from the April 13, 2005, calendar (page 994), was read the third time: 2005-04-13 House Journal Page 1029 CS FOR HOUSE BILL 149(FIN) am "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date." Representative Ramras moved and asked unanimous consent that CSHB 149(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Ramras: Page 2, line 2: Delete "AS 11.71" Insert "AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule IVA controlled substances" Representative Ramras moved and asked unanimous consent that Amendment No. 5 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHB 149(FIN) am pass the House?" The roll was taken with the following result: CSHB 149(FIN) am Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-04-13 House Journal Page 1030 Excused: Berkowitz, Crawford, Joule, Kapsner, Olson Absent: Kelly, Salmon And so, CSHB 149(FIN) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 149(FIN) am was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE BILLS (continued) HB 91 The following, which had been moved to the bottom of the calendar (page 1022), was read the second time: HOUSE BILL NO. 91 "An Act relating to indecent exposure." with the: Journal Page JUD RPT 7DP 745 FN1: ZERO(ADM) 746 FN2: ZERO(CRT) 746 FN3: ZERO(LAW) 746 FIN RPT 5DP 2NR 979 FN1: ZERO(ADM) 979 FN2: ZERO(CRT) 979 FN3: ZERO(LAW) 979 Amendment No. 1 was offered by Representative Croft: Page 1, lines 3 - 11: Delete all material and insert: "* Section 1. AS 11.41.458(a) is amended to read: 2005-04-13 House Journal Page 1031 (a) An offender commits the crime of indecent exposure in the first degree if [(1)] the offender violates AS 11.41.460(a), the offense occurs within the observation of a person under 16 years of age, and (1) [; (2)] while committing the act constituting the offense, the offender knowingly masturbates; [AND (3) THE OFFENSE OCCURS WITHIN THE OBSERVATION OF A PERSON UNDER 16 YEARS OF AGE] or (2) the offender has been previously convicted under (A) this section; (B) AS 11.41.460(a); or (C) a law or ordinance of this or another jurisdiction with elements similar to a crime listed under (A) or (B) of this paragraph." Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative Coghill moved and asked unanimous consent that HB 91 am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 91 am was read the third time. The question being: "Shall HB 91 am pass the House?" The roll was taken with the following result: HB 91 am Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 5 ABSENT: 5 Yeas: Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson 2005-04-13 House Journal Page 1032 Excused: Berkowitz, Crawford, Joule, Kapsner, Olson Absent: Anderson, Elkins, McGuire, Salmon, Seaton And so, HB 91 am passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 131 Representative Kerttula brought up reconsideration of the vote on HB 131 (page 998). The following was again before the House in third reading: 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 question to be reconsidered: "Shall HB 131 pass the House?" The roll was taken with the following result: HB 131--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 0 EXCUSED: 5 ABSENT: 7 Yeas: Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Excused: Berkowitz, Crawford, Joule, Kapsner, Olson Absent: Anderson, Elkins, Holm, McGuire, Moses, Salmon, Seaton And so, HB 131 passed the House on reconsideration. 2005-04-13 House Journal Page 1033 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. HB 131 was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Anderson - from 7:00 p.m., April 13 to 9:30 a.m., plane time, April 18, 2005 Representative Coghill - from 7:00 p.m., April 13 to 9:30 a.m., plane time, April 18, 2005 Representative McGuire - from 7:00 p.m., April 13 to 9:30 a.m., plane time, April 18, 2005 Representative Gatto - from 7:00 a.m., April 14 to 10:00 p.m., plane time, April 17, 2005 HJR 12 Representative Croft added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 12 Proposing amendments to the Constitution of the State of Alaska relating to the repeal of the budget reserve fund. HB 16 Representative Anderson 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." 2005-04-13 House Journal Page 1034 HB 32 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 32 "An Act making a special appropriation for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date." HB 41 Representative Chenault added his name as cosponsor to: CS FOR HOUSE BILL NO. 41(FIN) am "An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed against an employee of an elementary, middle school, junior high, or secondary school or certain contractors of school districts who were engaged in the performance of school duties at the time of the assault." HB 91 Representatives Gardner and Croft added their names as cosponsors to: HOUSE BILL NO. 91 am "An Act relating to indecent exposure." HB 122 Representatives Chenault, Croft, Olson, and McGuire added their names as cosponsors to: CS FOR HOUSE BILL NO. 122(FIN) "An Act relating to certain relief concerning motor vehicle leases, telephone services, education, utilities, state loans, and hunting, fishing, and trapping licenses for members of the Alaska National Guard deployed to a combat zone; relating to reimbursement of premiums for Servicemembers' Group Life Insurance paid by members of the Alaska National Guard deployed to a combat zone; and providing for an effective date." 2005-04-13 House Journal Page 1035 HB 149 Representative Croft added his name as cosponsor to: CS FOR HOUSE BILL NO. 149(FIN) am "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date." HB 210 Representatives Hawker, Stoltze, Chenault, and Anderson added their names as cosponsors to: CS FOR HOUSE BILL NO. 210(JUD) "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." HB 225 Representatives Hawker, Anderson, and Neuman added their names as cosponsors to: HOUSE BILL NO. 225 "An Act relating to medical examiners and medical death examinations." HB 230 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 230 "An Act authorizing the making of loans for upgrade of commercial fishing tender vessels and gear." 2005-04-13 House Journal Page 1036 ENGROSSMENT HB 41 CSHB 41(FIN) am was engrossed and signed by the Speaker and Chief Clerk. HB 83 CSHB 83(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 91 HB 91 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 131 HB 131 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 149 CSHB 149(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 184 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE BILL NO. 184 am "An Act relating to firearms." HB 210 CSHB 210(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 225 HB 225 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2005-04-13 House Journal Page 1037 HB 230 HB 230 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 14, 2005. There being no objection, the House adjourned at 12:29 p.m. Suzi Lowell Chief Clerk