Legislature(2005 - 2006)

2005-04-20 House Journal

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2005-04-20                     House Journal                      Page 1155
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday                April 20, 2005                            
                                                                                                    
                         One Hundred First Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker pro                                
tempore Coghill at 10:37 a.m.                                                                       
                                                                                                    
Roll call showed 36 members present.  Representative Harris had been                                
previously excused from a call of the House today.  Representatives                                 
Crawford, Gara, and Kott were absent and their presence was noted                                   
later.                                                                                              
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Michael                                    
Curran of St. Brendan's Episcopal Church.  Representative Meyer                                     
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
    In deepest respect for the religious beliefs of all persons here,                               
   I invite you into a time of prayer and reflection.  Let us pray.                                
                                                                                                    
    Lord God Creator, our heavenly Father and Mother, send                                          
    down upon those who hold office in this state of Alaska, and                                    
    also our nation, the spirit of wisdom, charity, and justice, that                               
    with steadfast purpose they may faithfully serve in their                                       
    offices to promote the well-being of all people.  In the strong                                 
    name of our Creator we bless all that is living, and recognize                                  
    in all that lives the reflection of the word who said, "Let there                               
    be life," and it lives.                                                                         
                                                                                                    
    Teach us to care for all that is entrusted to us and nurture                                    
    every sign of Your presence.  Circle our dear ones in Your                                      
    love and blessing; and protect us all from evil and from                                        
    danger.  Give us open eyes to see beyond what others say is                                     

2005-04-20                     House Journal                      Page 1156
    possible.  Give us the insight to recognize and name deceit.                                    
    May the blessing of our love and our strong joy in blessing                                     
    call out new growth in everyone we know and meet.  Give us                                      
    a generosity that pushes back the boundaries, for even death                                    
    by You has been defeated.  With all our powers we find our                                      
    power in You.  The light shines on, and life is lived in You.                                   
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Meyer.                                           
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Acting Majority Leader Foster moved and asked unanimous consent                                     
that the journal for the 100th legislative day be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated April 19, 2005, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 140                                                                                            
CS FOR SENATE BILL NO. 140(JUD) by the Senate Judiciary                                             
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to spyware and unsolicited Internet advertising."                              
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
**The presence of Representatives Kott and Crawford was noted.                                      
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 216                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2005-04-20                     House Journal                      Page 1157
    HOUSE BILL NO. 216                                                                              
    "An Act relating to insurance rate-making and form filing."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 216(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Hawker, Croft, Moses, Meyer                                                           
                                                                                                    
No recommendation (2):  Stoltze, Chenault                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 216(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
HB 216 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 63                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    SENATE BILL NO. 63                                                                              
    "An Act relating to road signs encouraging the use of safety                                    
    belts."                                                                                         
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Hawker, Croft, Moses, Foster, Meyer                                                   
                                                                                                    
No recommendation (2):  Stoltze, Kelly                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Transportation & Public Facilities                                      
                                                                                                    

2005-04-20                     House Journal                      Page 1158
SB 63 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
SB 93                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 93(FIN)                                                                  
    "An Act relating to commercial fishing permit and vessel license                                
    fees; and providing for an effective date."                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 93(FIN)                                                     
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Hawker, Moses, Foster, Stoltze, Meyer, Chenault                                       
                                                                                                    
No recommendation (2):  Croft, Kelly                                                                
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 93(FIN):                                             
                                                                                                    
3.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    
CSSB 93(FIN) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
The House Special Committee on Fisheries has reviewed the                                           
qualifications of the following and recommends the appointment be                                   
forwarded to a joint session for consideration:                                                     
                                                                                                    
                          Mr. McKie Campbell                                                       
                                                                                                    
as Commissioner of the Department of Fish & Game.                                                   
                                                                                                    

2005-04-20                     House Journal                      Page 1159
The report was signed by Representatives LeDoux and Thomas, Co-                                     
chairs; and Representatives Elkins and Wilson.                                                      
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Marie Darlin, The Little Lobbyist That Could                                             
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
Honoring - The Thirtieth Anniversary of the Chugiak Senior Center                                   
By Representatives Stoltze, Dahlstrom, Hawker; Senators Huggins,                                    
Dyson                                                                                               
                                                                                                    
Honoring - Buckland School                                                                          
By Representative Joule                                                                             
                                                                                                    
In Memoriam - Brant Cooper                                                                          
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
In Memoriam - Leon "Babe" Alsworth, Sr.                                                             
By Representative Moses                                                                             
                                                                                                    
In Memoriam - Lauren Claire Kilomana Paisaq Danner                                                  
By Representative Joule                                                                             
                                                                                                    
In Memoriam - Olive Gordon Anderson                                                                 
By Representative Joule                                                                             
                                                                                                    
**The presence of Representative Gara was noted.                                                    
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 130                                                                                            
The following was read the second time:                                                             
                                                                                                    

2005-04-20                     House Journal                      Page 1160
    HOUSE BILL NO. 130                                                                              
    "An Act granting certain state land to the University of Alaska and                             
    establishing the university research forest; and providing for an                               
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT CS(RES) NT 4DP 3NR                                         564                             
 FN1: ZERO(F&G)                                                     564                             
 FN2: (LAW)                                                         564                             
 FN3: (DNR)                                                         564                             
 FN4: (UA)                                                          564                             
 FIN RPT CS(FIN) NT 4DP 5NR                                       1014                              
 LETTER OF INTENT WITH FIN REPORT                                 1015                              
 FN1: ZERO(F&G)                                                   1016                              
 FN2: (LAW)                                                       1016                              
 FN3: (DNR)                                                       1016                              
 FN4: (UA)                                                        1016                              
                                                                                                    
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. 130(FIN)                                                                  
    "An Act relating to the grant of certain state land to the University                           
    of Alaska; relating to the duties of the Board of Regents;                                      
    establishing the university research forest; and providing for an                               
    effective date."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 6, line 10:                                                                                    
 Delete "and"                                                                                       
                                                                                                    
Page 6, line 11, following "Bay":                                                                   
 Insert "; and                                                                                      
      (10)  Parcel Number SD.1001, Sumdum"                                                          
                                                                                                    

2005-04-20                     House Journal                      Page 1161
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Ramras objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 130(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  16   NAYS:  21   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gatto,                                    
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon,                                     
Seaton, Wilson                                                                                      
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Elkins, Foster, Hawker, Holm,                                  
Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras,                                   
Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch                                                       
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
Absent:  Anderson, McGuire                                                                          
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Salmon:                                               
                                                                                                    
Page 6, line 10:                                                                                    
 Delete "and"                                                                                       
                                                                                                    
Page 6, line 11, following "Bay":                                                                   
 Insert "; and                                                                                      
           (10)  Parcel Number MA.MC.1001, McCarthy-Nizina"                                        
                                                                                                    
Representative Salmon moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Ramras objected.                                                                     
                                                                                                    

2005-04-20                     House Journal                      Page 1162
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 130(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
                                                                                                    
YEAS:  14   NAYS:  22   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gatto,                                    
Gruenberg, Guttenberg, Hawker, Joule, Kerttula, Moses, Salmon                                       
                                                                                                    
                                                                                                    
Nays:  Coghill, Dahlstrom, Elkins, Foster, Holm, Kelly, Kohring,                                    
Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras,                                          
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                       
                                                                                                    
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
                                                                                                    
Absent:  Anderson, Chenault, Kapsner                                                                
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
The Speaker pro tempore stated that, without objection, the House                                   
would advance to:                                                                                   
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Judiciary Committee                                                                                 
POSTPONED TO:                                           1:00 p.m., 4/21                             
                                                                                                    
The Speaker pro tempore stated that, without objection, the House                                   
would recess to 1:00 p.m.; and so, the House recessed at 11:53 a.m.                                 
                                                                                                    
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 1:12 p.m.                                             
                                                                                                    

2005-04-20                     House Journal                      Page 1163
                             ANNOUNCEMENTS                                                       
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Resources Committee                                                                                 
CANCELED                                                                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 130                                                                                            
CSHB 130(FIN) was again before the House in second reading.                                         
                                                                                                    
Amendment No. 3 was offered  by Representative Salmon:                                               
                                                                                                    
Page 7, line 6, following "municipality":                                                           
 Insert "or closest appropriate village entity recognized by the                                    
commissioner of commerce, community, and economic development                                       
under AS 44.33.755"                                                                                 
                                                                                                    
Representative Salmon moved and asked unanimous consent that                                        
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Ramras objected.                                                                     
                                                                                                    
Representative Croft placed a call of the House.                                                    
                                                                                                    
The Speaker pro tempore stated the call was satisfied.                                              
                                                                                                    
Representative Salmon moved and asked unanimous consent to                                          
withdraw Amendment No. 3.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
New Amendment No. 3 was offered  by Representative Salmon:                                           
                                                                                                    
Page 7, line 6, following "municipality":                                                           
 Insert "or closest village corporation listed under 43 U.S.C. 1610                                 
(The Alaska Native Claims Settlement Act) not located within the                                    
legal boundaries of a municipality"                                                                 
                                                                                                    

2005-04-20                     House Journal                      Page 1164
Representative Salmon moved and asked unanimous consent that New                                    
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Salmon moved and asked unanimous consent to                                          
withdraw New Amendment No. 3.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
Amendment No. 4 was offered  by Representative Croft:                                                
                                                                                                    
Page 3, lines 6 - 23:                                                                               
 Delete all material and insert:                                                                    
   "Sec. 14.40.365.  University state-grant land.  (a) The                                        
commissioner of natural resources shall convey to the Board of                                      
Regents in trust for the University of Alaska, by quitclaim deed, the                               
state land                                                                                          
      (1)  identified by the Department of Natural Resources as                                     
    the Point Thompson Unit;                                                                        
      (2) identified for conveyance to the university and                                           
    described in the document titled "University of Alaska Land Grant                               
    List 2005," dated January 12, 2005, as                                                          
           (A)  Parcel Number OG.NE.1001, Nenana Gas Basin                                          
         Tract;                                                                                     
               (B)  Parcel Number JU.AU.1002, Auke Weir;                                           
           (C)  Parcel Number LG.PC.01, Caribou-Poker Creeks                                        
         Drainage;                                                                                  
           (D) Parcel Number MA.XS.1001, Delta Ag. and                                              
         Forestry Exp. Station;                                                                     
           (E)  Parcel Number N2.FA.1004, Fairbanks Parking                                         
         Garage (includes Court House conveyance);                                                  
           (F)  Parcel Number NZ.FA.1004, Key Bank Site (See                                        
         Fairbanks Area Parcels map);                                                               
           (G)  Parcel Number MA.PF.1002, Poker Flat (Special                                       
         Use Area);                                                                                 
           (H)  Parcel Number  MA.PF.1001, Poker Flat Lease;                                        
           (I)    Parcel Number MA.SF.1001, Silver Fox Mine;                                        
              (J)    Parcel Number ST.1001, Sitka Campus;                                          
           (K) Parcel Number TV.RF.1001, Tok Research                                               
         Forest; and                                                                                

2005-04-20                     House Journal                      Page 1165
           (L) Parcel Number TV.TV.1001, University                                                 
         Research Forest."                                                                          
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Page 4, line 11:                                                                                    
    Delete "(e)"                                                                                    
    Insert "(c)"                                                                                    
                                                                                                    
Page 5, line 2:                                                                                     
    Delete "(g)(2)"                                                                                 
    Insert "(e)(2)"                                                                                 
                                                                                                    
Page 5, line 31, through page 6, line 21:                                                           
 Delete all material and insert:                                                                    
     "(l)  The Board of Regents shall deposit payments received as                                  
    a result of the conveyance under (a) of this section on behalf of the                           
    state as required under AS 37.13.010 and on behalf of the                                       
    commissioner of revenue under AS 37.14.150."                                                    
                                                                                                    
Page 8, line 13:                                                                                    
    Delete "AS 14.40.365(b)"                                                                        
    Insert "AS 14.40.365"                                                                           
                                                                                                    
Page 8, lines 18 - 25:                                                                              
    Delete all material.                                                                            
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 8, line 27:                                                                                    
    Delete "AS 14.40.365(b)"                                                                        
    Insert "AS 14.40.365"                                                                           
                                                                                                    
Page 9, following line 20:                                                                          
    Insert a new bill section to read:                                                              
"* Sec. 9.  The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
 TRANSITION.  For the first five years after the conveyances                                        
under AS 14.40.365(a), enacted in sec. 3 of this Act, the Department                                
of Natural Resources shall manage the land on behalf of the Board of                                

2005-04-20                     House Journal                      Page 1166
Regents of the University of Alaska.  After the five-year period                                    
described in this section, the land may be managed by the Department                                
of Natural Resources under contract with the Board of Regents or by                                 
the Board of Regents."                                                                              
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Ramras objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 130(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  15   NAYS:  22   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner,                                   
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon,                                     
Wilson                                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto,                                       
Hawker, Holm, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Olson,                                     
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch                                       
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
Absent:  Kohring, Neuman                                                                            
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
Amendment No. 5 was offered  by Representatives Crawford, Samuels,                                   
and Ramras:                                                                                         
                                                                                                    
Page 6, following line 21:                                                                          
 Insert a new subsection to read:                                                                   
     "(p) Notwithstanding (a) of this section, each of the following                                
    parcels described in the document entitled "University of Alaska                                
    Land Grant List 2005," dated January 12, 2005, may not be                                       

2005-04-20                     House Journal                      Page 1167
    conveyed to the University of Alaska under this section until all                               
    Native allotment applications applicable to that parcel have been                               
    denied:                                                                                         
      (1)  Parcel Number PA.1002, Biorka Island; and                                                
         (2)  Parcel Number NS.NS.1001, Lisianski Peninsula."                                      
                                                                                                    
Representative Crawford moved and asked unanimous consent that                                      
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 5 was adopted.                                                                        
                                                                                                    
The Speaker pro tempore stated that CSHB 130(FIN) am would be                                       
held in second reading to tomorrow's calendar.                                                      
                                                                                                    
HB 169                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) NT 5DP 1NR                                         930                             
 FN1: ZERO(CED)                                                     931                             
 FIN RPT CS(FIN) NT 7DP 2NR                                       1099                              
 FN1: ZERO(CED)                                                   1100                              
                                                                                                    
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. 169(FIN)                                                                  
    "An Act relating to the educational requirements for certain real                               
    estate brokers, associate brokers, and salespersons with new or                                 
    suspended licenses; relating to review of real estate transactions                              
    by attorneys or associate brokers; relating to the requirements for                             

2005-04-20                     House Journal                      Page 1168
    a real estate broker license and an associate real estate broker                                
    license; and providing for an effective date."                                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB
169(FIN) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSHB 169(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                                                                                                    
HB 201                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 201                                                                              
    "An Act relating to an application for a permanent fund dividend                                
    for a member of the armed forces of the United States serving on                                
    active duty outside of the state; and providing for an effective                                
    date."                                                                                          
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 MLV RPT 6DP                                                        669                             
 FN1: ZERO(REV)                                                     670                             
 STA RPT CS(STA) NT 6DP 1NR                                         932                             
 FN1: ZERO(REV)                                                     932                             
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
HB 201 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
HB 201 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    

2005-04-20                     House Journal                      Page 1169
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 105                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 105(L&C)                                                                 
    "An Act relating to the retrospective application and applicability                             
    of the overtime compensation exemption for flight crew members;                                 
    and providing for an effective date."                                                           
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT 3DP 4NR                                                    984                             
 FN1: ZERO(LAW)                                                     984                             
 FN2: ZERO(LWF)                                                     984                             
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, following line 8:                                                                           
 Insert a new bill section to read:                                                                 
"* Sec. 2.  The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
 SOVEREIGN IMMUNITY WAIVED FOR DETRIMENTAL                                                          
RELIANCE ON STATE ACTION.  To the extent that a person has                                          
detrimentally relied on state action in regard to a matter affected by                              
this Act, the state waives its sovereign immunity."                                                 
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    
Representatives Samuels, Kelly, and Kapsner moved and asked                                         
unanimous consent that they be allowed to abstain from voting                                       
because of a conflict of interest.  Objection was heard, and the                                    
members were required to vote.                                                                      
                                                                                                    

2005-04-20                     House Journal                      Page 1170
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 105(L&C)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  27   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg,                                        
Kerttula, Moses, Salmon, Weyhrauch                                                                  
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster,                                      
Gardner, Gatto, Gruenberg, Hawker, Joule, Kapsner, Kelly, Kott,                                     
LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                      
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
Absent:  Holm, Kohring                                                                              
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
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 Anderson - from 3:15 p.m., today to 8:30 a.m., April                                 
21, 2005                                                                                            
                                                                                                    
Representative McGuire - from 3:15 p.m., today to 8:30 a.m., April                                  
21, 2005                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
"CONTINGENT EFFECT:                                                                                 
This bill takes effect only if the Twenty-Fourth Alaska State                                       
Legislature during its First Regular Session increases the base student                             
allocation under AS 14.17.470 to at least $4,919."                                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    

2005-04-20                     House Journal                      Page 1171
Representative Rokeberg objected and rose to a point of order stating                               
that the amendment was out of order under Rule 35 of the Uniform                                    
Rules and Section 402 of Mason's Manual.                                                            
                                                                                                    
Representative Gruenberg cited Section 90.1 and 90.2 of Mason's                                     
Manual.                                                                                             
                                                                                                    
**Representatives Anderson and McGuire, who were previously                                         
excused (page 1170), left the Chamber.                                                              
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 2.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
CSSB 105(L&C) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSSB 105(L&C) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
The Speaker pro tempore stated that, without objection, the House                                   
would recess to 5:00 p.m.; and so, the House recessed at 3:24 p.m.                                  
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 5:36 p.m.                                             
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
Representative Kerttula be excused from a call of the House for the                                 
remainder of today.  There being no objection, it was so ordered.                                   
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the House approve the citations on the calendar.  There being no                                    
objection, the following citations were approved and sent to enrolling:                             

2005-04-20                     House Journal                      Page 1172
Honoring - Carole Edwards                                                                           
By Representatives Kerttula, Weyhrauch, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kapsner, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Wilson; Senator Elton                                                                               
                                                                                                    
Honoring - James & Shaharriet Houchins Alaska 2004 Parents of the                                   
Year                                                                                                
By Representatives Meyer, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                 
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                  
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Neuman, Olson,                                      
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - Alaska National Guard Family Program                                                     
By Representatives Lynn, Dahlstrom, Harris, Anderson, Berkowitz,                                    
Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Gara, Gardner,                                  
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                  
Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - Fort Yukon Eagles Basketball Team                                                        
By Senator Kookesh; Representatives Harris, Anderson, Berkowitz,                                    
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara,                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Honoring - Nikiski Bulldogs Girls Basketball Team 2004-2005                                         
Southcentral Conference Championship                                                                
By Senator Wagoner; Representatives Olson, Chenault, Harris,                                        
Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn,                                       
McGuire, Meyer, Neuman, Ramras, Rokeberg, Salmon, Samuels,                                          
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    

2005-04-20                     House Journal                      Page 1173
In Memoriam - Gordon Ralph James, Sr.                                                               
By Senator Kookesh; Representatives Harris, Anderson, Berkowitz,                                    
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster,                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                   
Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman,                                   
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 1                                                                                              
Representative Berkowitz moved and asked unanimous consent that                                     
the House discharge the Conference Committee considering the                                        
following:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 1(HES)                                                                    
    "An Act relating to the base student allocation used in the formula                             
    for state funding of public education; and providing for an                                     
    effective date."                                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN)                                                      
    "An Act relating to the base student allocation used in the formula                             
    for state funding of public education; and providing for an                                     
    effective date."                                                                                
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Foster placed a call of the House and lifted the call.                               
                                                                                                    
The question being:  "Shall the House discharge the Conference                                      
Committee considering CSHB 1(HES) and SCS CSHB 1(FIN)?"  The                                        
roll was taken with the following result:                                                           
                                                                                                    
CSHB 1(HES) and SCS CSHB 1(FIN)                                                                     
Discharge Conference Committee                                                                      
                                                                                                    
YEAS:  12   NAYS:  24   EXCUSED:  4   ABSENT:  0                                                  
                                                                                                    

2005-04-20                     House Journal                      Page 1174
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Moses, Salmon                                                           
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto, Hawker,                                 
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Excused:  Anderson, Harris, Kerttula, McGuire                                                       
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
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 Gatto - from 8:00 a.m., April 21 to 10:00 p.m., April                                
22, 2005                                                                                            
                                                                                                    
Representative Seaton - from noon, April 21 to 2:00 p.m., plane time,                               
April 27, 2005                                                                                      
                                                                                                    
HB 169                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 169(FIN)                                                                  
    "An Act relating to the educational requirements for certain real                               
    estate brokers, associate brokers, and salespersons with new or                                 
    suspended licenses; relating to review of real estate transactions                              
    by attorneys or associate brokers; relating to the requirements for                             
    a real estate broker license and an associate real estate broker                                
    license; and providing for an effective date."                                                  
                                                                                                    
HB 190                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 190                                                                              
    "An Act relating to the purchase of alcoholic beverages and to                                  
    requiring identification to buy alcoholic beverages; requiring                                  
    driver's licenses and identification cards to be marked if a person                             
    is restricted from consuming alcoholic beverages as a result of a                               
    conviction or condition of probation or parole."                                                

2005-04-20                     House Journal                      Page 1175
HB 201                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 201                                                                              
    "An Act relating to an application for a permanent fund dividend                                
    for a member of the armed forces of the United States serving on                                
    active duty outside of the state; and providing for an effective                                
    date."                                                                                          
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 32                                                                                             
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 32(FIN) am                                                                
    "An Act making a special appropriation for a grant to Arctic                                    
    Power to promote the opening of the Arctic National Wildlife                                    
    Refuge for oil and gas exploration and development; and                                         
    providing for an effective date."                                                               
                                                                                                    
HB 211                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker pro tempore and Chief                                 
Clerk and transmitted to the Senate for consideration:                                              
                                                                                                    
    CS FOR HOUSE BILL NO. 211(FIN)                                                                  
    "An Act extending the termination date of the Board of Dental                                   
    Examiners; and relating to dentists and dental hygienists."                                     
                                                                                                    
HB 215                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker pro tempore and Chief                                 
Clerk and transmitted to the Senate for consideration:                                              
                                                                                                    
    CS FOR HOUSE BILL NO. 215(FIN)                                                                  
    "An Act relating to the investment responsibilities of the Alaska                               
    Permanent Fund Corporation; relating to regulations proposed and                                
    adopted by the Board of Trustees of the Alaska Permanent Fund                                   

2005-04-20                     House Journal                      Page 1176
    Corporation and providing procedures for the adoption of                                        
    regulations by the board; and providing for an effective date."                                
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 10:00 a.m., April 21, 2005.  There being no                                     
objection, the House adjourned at 6:08 p.m.                                                         
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk