Legislature(2005 - 2006)

2005-04-14 House Journal

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2005-04-14                     House Journal                      Page 1039
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                  Thursday                  April 14, 2005                          
                                                                                                    
                            Ninety-fifth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:12 a.m.                                                                                
                                                                                                    
Roll call showed 30 members present.  Representatives Anderson,                                     
Coghill, Crawford, Gatto, Joule, McGuire, and Olson had been                                        
previously excused from a call of the House today.  Representatives                                 
Gruenberg, Kohring, and Kott were absent and their presence was                                     
noted later.                                                                                        
                                                                                                    
The invocation was offered by the Chaplain, Nancy Campbell of the                                   
Gospel Outreach Christian Center.  Representative Stoltze moved and                                 
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    Dear Heavenly Father,                                                                           
                                                                                                    
    First of all, I thank You, Lord, for hearing my prayers for                                     
    these legislators.  I pray for a continual grace upon them today                                
    and Your blessing on their labors.                                                              
                                                                                                    
    I would also request that You sharpen their vision so they may                                  
    gain insight into areas that have been difficult to resolve up                                  
    until now:  legislation that they have worked on and debated,                                   
    yet seems to be elusive.  Let there be breakthroughs today as                                   
    You enlighten them while they are reasoning together.  Bring                                    
    clarity, and again I ask for a strengthening for them as the end                                
    of session nears.  Bless them now, Lord.                                                        
                                                                                                    
    In Jesus' name.  Amen.                                                                          
                                                                                                    

2005-04-14                     House Journal                      Page 1040
The Pledge of Allegiance was led by Representative Kerttula.                                        
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Acting Majority Leader Foster moved and asked unanimous consent                                     
that the journal for the 94th legislative day be approved as certified by                           
the Chief Clerk.  There being no objection, it was so ordered.                                      
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 198                                                                                            
A message dated April 13, 2005, was read stating the Senate has                                     
passed:                                                                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 198(RES)(title am)                                                        
    "An Act relating to aquatic plant and shellfish farming; and                                    
    providing for an effective date."                                                               
                                                                                                    
CSHB 198(RES)(title am) was referred to the Chief Clerk for                                         
enrollment.                                                                                         
                                                                                                    
**The presence of Representative Gruenberg was noted.                                               
                                                                                                    
Messages dated April 13 and 14, 2005, were read stating the Senate                                  
has passed the following and they are transmitted for consideration:                                
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 67                                                                                             
CS FOR SENATE BILL NO. 67(JUD)(efd fld) by the Senate                                               
Judiciary Committee, entitled:                                                                      
                                                                                                    
    "An Act relating to claims for personal injury or wrongful death                                
    against health care providers."                                                                 
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    

2005-04-14                     House Journal                      Page 1041
SB 141                                                                                            
CS FOR SENATE BILL NO. 141(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to the teachers' and public employees' retirement                              
    systems and creating defined contribution and health                                            
    reimbursement plans for members of the teachers' retirement                                     
    system and the public employees' retirement system who are first                                
    hired after July 1, 2005; relating to university retirement                                     
    programs; establishing the Alaska Retirement Management Board                                   
    to replace the Alaska State Pension Investment Board, the Alaska                                
    Teachers' Retirement Board, and the Public Employees'                                           
    Retirement Board; adding appeals of the decisions of the                                        
    administrator of the teachers' and public employees' retirement                                 
    systems to the jurisdiction of the office of administrative hearings;                           
    providing for nonvested members of the teachers' retirement                                     
    system defined benefit plans to transfer into the teachers'                                     
    retirement system defined contribution plan and for nonvested                                   
    members of the public employees' retirement system defined                                      
    benefit plans to transfer into the public employees' retirement                                 
    system defined contribution plan; providing for political                                       
    subdivisions and public organizations to request to participate in                              
    the public employees' defined contribution retirement plan; and                                 
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 16                                                                                             
The Rules Committee has considered:                                                                 
                                                                                                    
    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."                                                                                
                                                                                                    

2005-04-14                     House Journal                      Page 1042
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 16(RLS)                                                                   
    "An Act relating to funding for school districts operating                                      
    secondary school boarding programs, to funding for school                                       
    districts from which boarding students come, and to the                                         
    effectiveness of district secondary school boarding programs; and                               
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Harris, Kohring, Coghill, Kerttula, Rokeberg                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 16(RLS):                                                 
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 16 was returned to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 32                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    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."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 32(FIN)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Chenault, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Hawker, Moses, Foster, Chenault                                                       
                                                                                                    

2005-04-14                     House Journal                      Page 1043
No recommendation (2):  Stoltze, Kelly                                                              
                                                                                                    
Amend (1):  Weyhrauch                                                                               
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 32(FIN):                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 32 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 54                                                                                             
The Finance 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(FIN)                                                                   
    "An Act relating to bail review; relating to petitions for review by                            
    crime victims where the defendant has received a sentence below                                 
    the sentencing range for the crime; relating to the qualifications of                           
    certain members of the Violent Crimes Compensation Board;                                       
    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 Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Hawker, Croft, Holm, Moses, Foster, Meyer                                             
                                                                                                    
No recommendation (3):  Weyhrauch, Kelly, Chenault                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 54(FIN):                                                 
                                                                                                    

2005-04-14                     House Journal                      Page 1044
1.  Zero, Dept. of Corrections                                                                      
2.  Zero, Alaska Court System                                                                       
3.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 54 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 98                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 98                                                                               
    "An Act relating to the compensation of certain public officials,                               
    officers, and employees not covered by collective bargaining                                    
    agreements; and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 98(STA)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Moses, Kelly, Foster, Meyer, Chenault                                                 
                                                                                                    
No recommendation (3):  Hawker, Holm, Stoltze                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 98(STA):                                                 
                                                                                                    
1.  Fiscal, Office of the Governor/All Depts.                                                       
2.  Fiscal, Legislative Agency                                                                      
4.  Fiscal, Alaska Court System                                                                     
                                                                                                    
HB 98 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 109                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2005-04-14                     House Journal                      Page 1045
    HOUSE BILL NO. 109                                                                              
    "An Act relating to establishing a screening, tracking, and                                     
    intervention program related to the hearing ability of newborns                                 
    and infants; providing an exemption to licensure as an audiologist                              
    for certain persons performing hearing screening tests; relating to                             
    insurance coverage for newborn and infant hearing screening; and                                
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 109(FIN)                                                                  
    "An Act relating to establishing a screening, tracking, and                                     
    intervention program related to the hearing ability of newborns                                 
    and infants; providing an exemption to licensure as an audiologist                              
    for certain persons performing hearing screening; relating to                                   
    insurance coverage for newborn and infant hearing screening; and                                
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Stoltze, Kelly, Foster, Meyer, Chenault                                               
                                                                                                    
No recommendation (4):  Hawker, Holm, Weyhrauch, Moses                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 109(FIN):                                                
                                                                                                    
2.  Zero, Dept. of Commerce, Community, & Economic Development                                      
3.  Indeterminate, Dept. of Education & Early Development                                           
4.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 109 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 156                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE BILL NO. 156                                                                              
    "An Act relating to the membership of the Alaska Commission on                                  
    Aging; and providing for an effective date."                                                    
                                                                                                    

2005-04-14                     House Journal                      Page 1046
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 156(RLS)                                                                  
    "An Act relating to the membership and duties of and quorum                                     
    requirements for the Alaska Commission on Aging; and providing                                  
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kohring, Coghill, Kerttula, Rokeberg                                                  
                                                                                                    
No recommendation (1):  Harris                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 156(RLS):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 156 is on today's calendar.                                                                      
                                                                                                    
HB 182                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 182                                                                              
    "An Act amending the Alaska Wage and Hour Act as it relates to                                  
    the employment of a person acting in a supervisory capacity;                                    
    providing definitions for persons employed in administrative,                                   
    executive, and professional capacities, for persons working in the                              
    capacity of an outside salesman, and for persons working in the                                 
    capacity of a salesman employed on a straight commission basis."                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 182(FIN)                                                                  
    "An Act amending the Alaska Wage and Hour Act as it relates to                                  
    the employment of a person acting in a supervisory capacity or in                               
    an administrative, executive, or professional capacity; relating to                             
    definitions under the Alaska Wage and Hour Act and providing                                    
    definitions for persons employed in administrative, executive, and                              
    professional capacities, for persons working in the capacity of an                              

2005-04-14                     House Journal                      Page 1047
    outside salesman, for persons working in the capacity of a                                      
    salesman employed on a straight commission basis, and for                                       
    persons that perform computer-related occupations; directing                                    
    retrospective application of the provisions of this Act to work                                 
    performed before the effective date of this Act for purposes of                                 
    claims filed on or after the effective date of this Act, and                                    
    disallowing retrospective application for purposes of claims for                                
    that work that are filed before the effective date of this Act; and                             
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Kelly, Foster                                                                         
                                                                                                    
No recommendation (7):  Hawker, Croft, Moses, Holm, Stoltze,                                        
Meyer, Chenault                                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 182(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 182 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 183                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 183                                                                              
    "An Act relating to the use of campaign contributions for shared                                
    campaign activity expenses and to reimbursement of those                                        
    expenses."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 183(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2005-04-14                     House Journal                      Page 1048
Do pass (6):  Gruenberg, Kott, Dahlstrom, Coghill, Anderson,                                        
McGuire                                                                                             
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 183(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 183 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 252                                                                                            
The Resources Committee 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                         
    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 Ramras and Samuels, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Seaton, Elkins, Ramras                                                                
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
Amend (1):  Gatto                                                                                   
                                                                                                    
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 Finance Committee.                                                       
                                                                                                    

2005-04-14                     House Journal                      Page 1049
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HB 241                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE BILL NO. 241                                                                              
    "An Act relating to participation in matters before the Board of                                
    Fisheries by members of the board; and providing for an effective                               
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 241(FSH)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives LeDoux and Thomas, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Wilson, Harris, Elkins, LeDoux, Thomas                                                
                                                                                                    
No recommendation (1):  Salmon                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 241(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
HB 241 was referred to the Resources Committee.                                                     
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 268                                                                                            
HOUSE BILL NO. 268 by Representative Ramras, entitled:                                              
                                                                                                    
    "An Act relating to overtaking and passing certain stationary                                   
    vehicles."                                                                                      
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         
                                                                                                    

2005-04-14                     House Journal                      Page 1050
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
HB 269                                                                                            
HOUSE BILL NO. 269 by Representative Ramras, entitled:                                              
                                                                                                    
    "An Act relating to contribution actions relating to the release of a                           
    hazardous substance; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Resources and Judiciary                                 
Committees.                                                                                         
                                                                                                    
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 156                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 156                                                                              
    "An Act relating to the membership of the Alaska Commission on                                  
    Aging; and providing for an effective date."                                                    
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 HES RPT CS(HES) NT 7DP                                               664                           
 FN1: ZERO(HSS)                                                       664                           
 FIN RPT CS(HES) NT 8DP                                               887                           
 FN1: ZERO(HSS)                                                       887                           
 RLS RPT CS(RLS) NT 4DP 1NR                                         1045                            
 FN1: ZERO(HSS)                                                     1046                            
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 156(RLS)                                                                  
    "An Act relating to the membership and duties of and quorum                                     
    requirements for the Alaska Commission on Aging; and providing                                  
    for an effective date."                                                                         
                                                                                                    

2005-04-14                     House Journal                      Page 1051
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Gruenberg and                                        
Holm:                                                                                               
                                                                                                    
Page 1, line 11, following "age":                                                               
 Insert ", appointed by the governor"                                                           
                                                                                                    
Page 2, following line 4:                                                                           
 Insert new bill sections to read:                                                                  
"* Sec. 2.  AS 47.45.200(c) is amended to read:                                                   
     (c)  The persons appointed under (a)(3) and (a)(5) of this                                 
    section serve overlapping four-year terms, and serve at the                                     
    pleasure of the governor. A member may be reappointed, but a                                    
    member appointed under (a)(3) or (a)(5) of this section may not                             
    serve more than two consecutive terms or eight consecutive years,                               
    whichever is longer.                                                                            
   * Sec. 3.  AS 47.45.200(d) is amended to read:                                                 
     (d)  If a person appointed under (a)(3) or (a)(5) of this section                          
    fails to attend three consecutive meetings of the commission, a                                 
    majority of the members of the commission may request the                                       
    governor to terminate the membership of the member and to fill                                  
    the vacancy.                                                                                    
   * Sec. 4. AS 47.45.200(e)is amended to read:                                                   
     (e)  A vacancy in the membership of persons appointed under                                    
    (a)(3) and (a)(5) of this section shall be filled by appointment by                         
    the governor. The person appointed serves for the unexpired                                     
    portion of the term."                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Stoltze objected and withdrew the objection.  There                                  
being no further objection, Amendment No. 1 was adopted.                                            
                                                                                                    

2005-04-14                     House Journal                      Page 1052
Representative Foster moved and asked unanimous consent that                                        
CSHB 156(RLS) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 156(RLS) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 156(RLS) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 156(RLS) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  7   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Croft, Dahlstrom, Elkins, Foster,                               
Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer,                                       
Moses, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                           
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Excused:  Anderson, Coghill, Crawford, Gatto, Joule, McGuire, Olson                                 
                                                                                                    
And so, CSHB 156(RLS) am passed the House.                                                          
                                                                                                    
Representative Foster 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 156(RLS) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
HB 219                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 219                                                                              
    "An Act relating to crimes and dangerous instruments."                                          
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT 5DP                                                          731                           
 FN1: ZERO(CRT)                                                       732                           

2005-04-14                     House Journal                      Page 1053
 FN2: ZERO(LAW)                                                       732                           
 FN3: ZERO(DPS)                                                       732                           
 FN4: INDETERMINATE(ADM)                                              732                           
 FIN RPT CS(FIN) NT 8DP 2NR                                           980                           
 FN1: ZERO(CRT)                                                       981                           
 FN2: ZERO(LAW)                                                       981                           
 FN3: ZERO(DPS)                                                       981                           
 FN5: ZERO(H.FIN/ADM)                                                 981                           
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 219(FIN)                                                                  
    "An Act relating to the definition of 'dangerous instrument' as                                 
    applied within the criminal code."                                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
CSHB 219(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 219(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 219(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 219(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  7   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Croft, Dahlstrom, Elkins, Foster,                               
Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer,                                       
Moses, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                           
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    

2005-04-14                     House Journal                      Page 1054
Excused:  Anderson, Coghill, Crawford, Gatto, Joule, McGuire, Olson                                 
                                                                                                    
And so, CSHB 219(FIN) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 256                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 256                                                                              
    "An Act naming the Ruth Burnett Sport Fish Hatchery in                                          
    Fairbanks."                                                                                     
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FSH RPT 4DP                                                          964                           
 FN1: ZERO(DFG)                                                       964                           
 RES RPT 6DP 1NR                                                      982                           
 FN1: ZERO(DFG)                                                       982                           
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
HB 256 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 256 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall HB 256 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 256                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  7   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Croft, Dahlstrom, Elkins, Foster,                               
Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer,                                       
Moses, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                           
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    

2005-04-14                     House Journal                      Page 1055
Excused:  Anderson, Coghill, Crawford, Gatto, Joule, McGuire, Olson                                 
                                                                                                    
And so, HB 256 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 122                                                                                            
The following, which was advanced to third reading from the April 13,                               
2005, calendar (page 1023), was read the third time:                                                
                                                                                                    
    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."                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 122(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 122(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  7   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Croft, Dahlstrom, Elkins, Foster,                               
Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer,                                       
Moses, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                           
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Excused:  Anderson, Coghill, Crawford, Gatto, Joule, McGuire, Olson                                 
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, CSHB 122(FIN) passed the House.                                                             
                                                                                                    

2005-04-14                     House Journal                      Page 1056
Representative Foster 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 Berkowitz gave notice of reconsideration of the vote                                 
on CSHB 122(FIN).                                                                                   
                                                                                                    
                             RECONSIDERATION                                                     
                                                                                                    
HB 122                                                                                            
Representative Berkowitz moved and asked unanimous consent that                                     
reconsideration of CSHB 122(FIN) be taken up on the same day.                                       
There being no objection, it was so ordered.                                                        
                                                                                                    
CSHB 122(FIN) was again before the House in third reading.                                          
                                                                                                    
The question to be reconsidered:  "Shall CSHB 122(FIN) pass the                                     
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 122(FIN)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  7   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Croft, Dahlstrom, Elkins, Foster,                               
Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer,                                       
Moses, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                           
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Excused:  Anderson, Coghill, Crawford, Gatto, Joule, McGuire, Olson                                 
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, CSHB 122(FIN) passed the House on reconsideration.                                          
                                                                                                    
Representative Foster 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 122(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    

2005-04-14                     House Journal                      Page 1057
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 41                                                                                             
Representative Foster moved and asked unanimous consent that the                                    
House rescind previous action in passing the following (page 1028):                                 
                                                                                                    
    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."                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
CSHB 41(FIN) am was again before the House in third reading.                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
CSHB 41(FIN) am be returned to second reading for the specific                                      
purpose of rescinding previous action in adopting Amendment No. 1                                   
as amended (page 1028).  There being no objection, it was so ordered.                               
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House rescind previous action in adopting Amendment No. 1 as                                        
amended.  There being no objection, it was so ordered and the new                                   
title follows:                                                                                      
                                                                                                    
    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."                                       
                                                                                                    
Amendment No. 1 as amended (page 1027) was before the House.                                        
                                                                                                    
Representative Foster moved that Amendment No. 1 as amended be                                      
adopted.                                                                                            
                                                                                                    
Representative Kerttula objected.                                                                   

2005-04-14                     House Journal                      Page 1058
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 41(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  1   NAYS:  26   EXCUSED:  7   ABSENT:  6                                                   
                                                                                                    
Yeas:  Stoltze                                                                                      
                                                                                                    
Nays:  Chenault, Cissna, Dahlstrom, Elkins, Foster, Gara, Gardner,                                  
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kelly,                                        
Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Rokeberg,                                     
Salmon, Seaton, Thomas, Wilson                                                                      
                                                                                                    
Excused:  Anderson, Coghill, Crawford, Gatto, Joule, McGuire, Olson                                 
                                                                                                    
Absent:  Berkowitz, Croft, Moses, Ramras, Samuels, Weyhrauch                                        
                                                                                                    
And so, Amendment No. 1 as amended was not adopted.                                                 
                                                                                                    
The question being:  "Shall CSHB 41(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 41(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  0   EXCUSED:  7   ABSENT:  6                                                   
                                                                                                    
Yeas:  Chenault, Cissna, Dahlstrom, Elkins, Foster, Gara, Gardner,                                  
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kelly,                                        
Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Rokeberg,                                     
Salmon, Seaton, Stoltze, Thomas, Wilson                                                             
                                                                                                    
Excused:  Anderson, Coghill, Crawford, Gatto, Joule, McGuire, Olson                                 
                                                                                                    
Absent:  Berkowitz, Croft, Moses, Ramras, Samuels, Weyhrauch                                        
                                                                                                    
And so, CSHB 41(FIN) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
HB 157                                                                                            
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    

2005-04-14                     House Journal                      Page 1059
    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."                                                                                      
                                                                                                    
SSHB 157 is in the Labor & Commerce Committee.                                                      
                                                                                                    
Representative Foster 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 Neuman - from 7:00 p.m., April 14 to 9:30 a.m., plane                                
time, April 19, 2005                                                                                
                                                                                                    
Representative Dahlstrom - from 1:00 p.m., April 15 to 9:30 a.m.,                                   
plane time, April 18, 2005                                                                          
                                                                                                    
Representative Samuels - from 1:00 p.m., April 15 to 9:30 a.m., plane                               
time, April 18, 2005                                                                                
                                                                                                    
A letter dated April 11, 2005, was received from Joyce Anderson,                                    
Administrator, Select Committee on Legislative Ethics, referring to the                             
appointments of the public members to the Select Committee on                                       
Legislative Ethics (page 12).                                                                       
                                                                                                    
The letter stated that, pursuant to AS 24.60.130(g), the public                                     
members' terms are three years, not two years.  Accordingly, the terms                              
of Dennis "Skip" Cook, Herman J. Walker, Jr., and Marianne Stillner                                 
expire the first day of the January 2006 legislative session.  Therefore,                           
no action is required by the House in 2005.                                                         
                                                                                                    
The letter was forwarded to the Judiciary Committee.                                                
                                                                                                    
HB 109                                                                                            
Representatives Foster and Holm added their names as cosponsors to:                                 
                                                                                                    
    HOUSE BILL NO. 109                                                                              
    "An Act relating to establishing a screening, tracking, and                                     
    intervention program related to the hearing ability of newborns                                 
    and infants; providing an exemption to licensure as an audiologist                              

2005-04-14                     House Journal                      Page 1060
    for certain persons performing hearing screening tests; relating to                             
    insurance coverage for newborn and infant hearing screening; and                                
    providing for an effective date."                                                               
                                                                                                    
HB 122                                                                                            
Representatives Gara, Ramras, Guttenberg, and LeDoux 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."                                                     
                                                                                                    
                                                                                                    
HB 169                                                                                            
Representatives Foster and Croft added their names as cosponsors to:                                
                                                                                                    
    HOUSE BILL NO. 169                                                                              
    "An Act relating to the educational requirements for certain real                               
    estate brokers, associate brokers, and salespersons with new or                                 
    suspended licenses; and allowing real estate brokers to hire certain                            
    experts to review real estate transactions; and providing for an                                
    effective date."                                                                                
                                                                                                    
                                                                                                    
HB 182                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 182                                                                              
    "An Act amending the Alaska Wage and Hour Act as it relates to                                  
    the employment of a person acting in a supervisory capacity;                                    
    providing definitions for persons employed in administrative,                                   
    executive, and professional capacities, for persons working in the                              
    capacity of an outside salesman, and for persons working in the                                 
    capacity of a salesman employed on a straight commission basis."                                
                                                                                                    

2005-04-14                     House Journal                      Page 1061
HB 208                                                                                            
Representative Gardner added her name as cosponsor to:                                              
                                                                                                    
         HOUSE BILL NO. 208                                                                         
         "An Act authorizing the Department of Military and Veterans'                               
         Affairs to establish and maintain an Alaskan veterans'                                     
         cemetery; and establishing the Alaska veterans' cemetery fund                              
         in the general fund."                                                                      
                                                                                                    
HB 219                                                                                            
Representatives Gardner, Kapsner, Elkins, and Ramras added their                                    
names as cosponsors to:                                                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 219(FIN)                                                                  
    "An Act relating to the definition of 'dangerous instrument' as                                 
    applied within the criminal code."                                                              
                                                                                                    
HB 226                                                                                            
Representative Guttenberg added his name as cosponsor to:                                           
                                                                                                    
    HOUSE BILL NO. 226                                                                              
    "An Act relating to breaches of security involving personal                                     
    information; and relating to credit report security freezes."                                   
                                                                                                    
HB 256                                                                                            
Representatives Holm and Kelly added their names as cosponsors to:                                  
                                                                                                    
    HOUSE BILL NO. 256                                                                              
    "An Act naming the Ruth Burnett Sport Fish Hatchery in                                          
    Fairbanks."                                                                                     
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HB 41                                                                                             
CSHB 41(FIN) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 122                                                                                            
CSHB 122(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              

2005-04-14                     House Journal                      Page 1062
HB 156                                                                                            
CSHB 156(RLS) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 219                                                                                            
CSHB 219(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 256                                                                                            
HB 256 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.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
House Special Committee on Education                                                                
CANCELED                                                                                            
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 10:00 a.m., April 15, 2005.  There being no                                     
objection, the House adjourned at 11:13 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk