Legislature(2005 - 2006)

2005-05-02 House Journal

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2005-05-02                     House Journal                      Page 1415
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                    Monday                      May 2, 2005                         
                                                                                                    
                      One Hundred Thirteenth Day                                               
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:15 a.m.                                                                                
                                                                                                    
Roll call showed 33 members present.  Representatives Anderson,                                     
Crawford, Gara, Kerttula, Kohring, Rokeberg, and Weyhrauch were                                     
absent and their presence was noted later.                                                          
                                                                                                    
The invocation was offered by the Chaplain, the Reverend George                                     
Silides of Holy Trinity Episcopal Church.  Representative Coghill                                   
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 each person here,                              
   I invite you into a time of prayer and reflection.  Let us pray.                                
                                                                                                    
     With gratitude for the opportunity of this day and the service                                 
     of the gentlefolk here gathered, I pray:  O God, our heavenly                                  
     Father, You have blessed us and given us responsibility for all                                
     the earth.  Increase our respect for the mystery of life, and                                  
     give us new knowledge into Your purposes for the human                                         
     race, and new wisdom and determination for making                                              
     provision for our future according to Your will, for You have                                  
     so linked our lives with one another that all we do affects, for                               
     good or ill, all other lives.  So guide us in the work we do, that                             
     we may do it not for ourselves alone, but for the common                                       
     good.  Make us mindful of the dreams of others, and arouse                                     
     our concern for those who are out of work - for You are                                        
     merciful - that we might learn mercy.  Help us to remember                                     
     the homeless, the poor, the old and the sick, and all those who                                

2005-05-02                     House Journal                      Page 1416
     have none to care for them.  Help us to put in place the means                                 
     to heal those who are broken in body or spirit and to help turn                                
     their sorrow into joy.  A blessing upon this day and this                                      
     legislature, I pray.  Amen.                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Neuman.                                          
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 111th and 112th legislative days be approved as                                     
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HCR 7                                                                                             
A message dated May 1, 2005, was read stating the Senate has passed:                                
                                                                                                    
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RES)                                         
     Urging the governor to direct the division of oil and gas,                                     
     Department of Natural Resources, to undertake a comprehensive                                  
     review of the subject of Cook Inlet oil and gas platform                                       
     abandonment for the purpose of developing new oil and gas                                      
     platform abandonment regulations and their adoption and                                        
     implementation.                                                                                
                                                                                                    
CSHCR 7(RES) was referred to the Chief Clerk for enrollment.                                        
                                                                                                    
**The presence of Representative Crawford was noted.                                                
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 13                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 13                                                                              
     "An Act relating to reimbursement of municipal bonds for school                                
     construction; and providing for an effective date."                                            
                                                                                                    

2005-05-02                     House Journal                      Page 1417
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 13(FIN)                                                                  
     "An Act relating to reimbursement of municipal bonds for school                                
     construction; relating to school funding and adjusting the district                            
     cost factors; 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):  Joule, Weyhrauch, Croft, Moses, Foster, Chenault                                      
                                                                                                    
No recommendation (4):  Hawker, Holm, Kelly, Meyer                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 13(FIN):                                                 
                                                                                                    
1.  Indeterminate, Dept. of Education & Early Development                                           
2.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 13 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 271                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 271                                                                             
     "An Act relating to limitations on overtime for registered nurses in                           
     health care facilities; and providing for an effective date."                                  
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Lynn, Guttenberg, Anderson                                                  
                                                                                                    
No recommendation (3):  LeDoux, Rokeberg, Kott                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    

2005-05-02                     House Journal                      Page 1418
HB 271 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 286                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 286                                                                             
     "An Act amending the manner of determining the royalty received                                
     by the state on gas production by directing the commissioner of                                
     natural resources to accept, under certain circumstances, the                                  
     transfer price of the gas if established by transfer price order of the                        
     Regulatory Commission of Alaska; and providing for an effective                                
     date."                                                                                         
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Crawford, Lynn, Kott, Rokeberg, Anderson                                              
                                                                                                    
No recommendation (2):  LeDoux, Guttenberg                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
HB 286 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 67                                                                                             
The Finance Committee submitted the following report to correct the                                 
report submitted on April 28, 2005, (page 1324) for:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 67(JUD)(efd fld)                                                        
     "An Act relating to claims for personal injury or wrongful death                               
     against health care providers."                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2005-05-02                     House Journal                      Page 1419
     HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Foster, Hawker, Kelly                                                                 
                                                                                                    
Do not pass (1):  Croft                                                                             
                                                                                                    
No recommendation (5):  Moses, Weyhrauch, Joule, Meyer, Chenault                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 67(FIN):                                             
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Commerce, Community, & Economic Development                                      
3.  Indeterminate, Dept. of Health & Social Services                                                
                                                                                                    
CSSB 67(JUD)(efd fld) is in the Rules Committee.                                                    
                                                                                                    
                                                                                                    
SB 137                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     SENATE BILL NO. 137                                                                            
     "An Act providing that an institution providing accommodations                                 
     exempt from the provisions of the Uniform Residential Landlord                                 
     and Tenant Act may evict tenants without resorting to court                                    
     proceedings under AS 09.45.060 - 09.45.160."                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 137(L&C)                                                          
     "An Act providing that the University of Alaska may evict a                                    
     tenant from student housing that is exempt from the provisions of                              
     the Uniform Residential Landlord and Tenant Act without                                        
    resorting to court proceedings under AS 09.45.060 - 09.45.160."                                
                                                                                                    
     (pending title change resolution)                                                              
                                                                                                    

2005-05-02                     House Journal                      Page 1420
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Lynn, Kott, Rokeberg                                                                  
                                                                                                    
No recommendation (4):  Crawford, LeDoux, Guttenberg, Anderson                                      
                                                                                                    
The following fiscal note(s) apply to HCS SB 137(L&C):                                              
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
SB 137 was referred to the Judiciary Committee.                                                     
                                                                                                    
**The presence of Representative Anderson was noted.                                                
                                                                                                    
SB 141                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 141(FIN)                                                                
     "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."                                                              
                                                                                                    

2005-05-02                     House Journal                      Page 1421
and recommends it be replaced with a forthcoming House Finance                                      
Committee substitute.                                                                               
                                                                                                    
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Kelly, Foster                                                                         
                                                                                                    
No recommendation (5):  Joule, Stoltze, Moses, Meyer, Chenault                                      
                                                                                                    
Amend (2):  Hawker, Weyhrauch                                                                       
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 141(FIN):                                            
                                                                                                    
1.   Fiscal, Dept. of Administration                                                                
3.   Fiscal, Dept. of Revenue                                                                       
4.   Fiscal, Dept. of Revenue                                                                       
5.   Fiscal, Dept. of Revenue                                                                       
6.   Fiscal, Dept. of Revenue                                                                       
7.   Fiscal, Dept. of Revenue                                                                       
9.   Zero, House Finance Committee/Dept. of Administration                                          
10. Fiscal, Dept. of Administration                                                                 
                                                                                                    
                                                                                                    
Representative Berkowitz objected to CSSB 141(FIN) being sent to                                    
the Rules Committee without an analysis attached to the House                                       
Finance Committee report and cited AS 24.08.036.                                                    
                                                                                                    
**The presence of Representatives Kohring, Rokeberg, Kerttula,                                      
Weyhrauch, and Gara was noted.                                                                      
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
12:20 p.m.; and so, the House recessed at 11:56 a.m.                                                
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 1:15 p.m.                                             
                                                                                                    

2005-05-02                     House Journal                      Page 1422
                    REPORTS OF STANDING COMMITTEES                                               
                              (continued)                                                          
                                                                                                    
SB 141                                                                                            
Representative Berkowitz withdrew the objection (page 1421).                                        
                                                                                                    
The Speaker stated that, without objection, CSSB 141(FIN) would be                                  
returned to the Finance Committee.  And so, CSSB 141(FIN) was                                       
removed from the Rules Committee and returned to the Finance                                        
Committee.                                                                                          
                                                                                                    
SB 158                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     SENATE BILL NO. 158                                                                            
     "An Act prohibiting the imposition of municipal sales and use                                  
     taxes on state construction contracts and certain subcontracts; and                            
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Lynn, Rokeberg, Anderson                                                    
                                                                                                    
No recommendation (3):  Kott, LeDoux, Guttenberg                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
SB 158 was referred to the Finance Committee.                                                       
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Larry Jacobson                                                                           
By Representatives Stoltze, Neuman, Gatto, Kohring; Senators Green,                                 
Huggins                                                                                             

2005-05-02                     House Journal                      Page 1423
Honoring - Homer Hockey Association                                                                 
By Representative Seaton                                                                            
                                                                                                    
In Memoriam - John D. Nash                                                                          
By Representatives Stoltze, Neuman, Gatto, Kohring, Harris; Senators                                
Huggins, Green                                                                                      
                                                                                                    
In Memoriam - Lucille "Mollie" Buswell                                                              
By Representatives Kohring, Gatto, Neuman, Stoltze; Senators Green,                                 
Huggins                                                                                             
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 295                                                                                            
HOUSE BILL NO. 295 by Representative Anderson, entitled:                                            
                                                                                                    
     "An Act adopting the Uniform Fraudulent Transfer Act and                                       
     relating to fraudulent transfers of property."                                                 
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 217                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 217                                                                             
     "An Act relating to the determination of full and true value of                                
     taxable municipal property for purposes of calculating funding for                             
     education and certain other programs."                                                         
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 CRA RPT 1DP 6NR                                                       1277                         
 FN1: ZERO(CED)                                                        1277                         
 FIN RPT 4DP 5NR                                                       1399                         
 FN1: ZERO(CED)                                                        1399                         
                                                                                                    

2005-05-02                     House Journal                      Page 1424
Amendment No. 1 (title amendment) was offered by Representatives                                    
Samuels and Harris:                                                                                 
                                                                                                    
Page 1, line 2:                                                                                     
 Delete all material.                                                                               
 Insert "property for purposes of providing planning assistance                                   
to the Department of Education and Early Development and the                                      
legislature, calculating funding for education, calculating school                                
district participating shares for school construction grants, and                                 
calculating tax resource equalization payments and excluding                                      
from that determination the value of property in certain areas                                    
detached from a municipality and the value of certain property                                    
involved with oil and gas that is not taxed by a municipality.""                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, Amendment No. 1 was adopted and the                                     
new title follows:                                                                                  
                                                                                                    
     HOUSE BILL NO. 217(title am)                                                                   
     "An Act relating to the determination of full and true value of                                
     taxable municipal property for purposes of providing planning                                  
     assistance to the department of education and early development                                
     and the legislature, calculating funding for education, calculating                            
     school district participating shares for school construction grants,                           
     and calculating tax resource equalization payments and excluding                               
     from that determination the value of property in certain areas                                 
     detached from a municipality and the value of certain property                                 
    involved with oil and gas that is not taxed by a municipality."                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 217(title am) be considered engrossed, advanced to third reading,                                
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HB 217 (title am) was read the third time.                                                          
                                                                                                    

2005-05-02                     House Journal                      Page 1425
The question being:  "Shall HB 217(title am) pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
HB 217(title am)                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Wilson                                                                                              
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, HB 217(title am) passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 257                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 257                                                                             
     "An Act relating to a procurement and electronic commerce tools                                
     program for state departments and instrumentalities of the state;                              
     and providing for an effective date."                                                          
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT CS(JUD) NT 2DP 5NR                                            1257                         
 FN1: ZERO(CRT)                                                        1258                         
 FN2: INDETERMINATE(ADM/ALL DEPTS)                                     1258                         
 FIN RPT CS(JUD) NT 4DP 6NR                                            1320                         
 FN1: ZERO(CRT)                                                        1320                         
 FN2: INDETERMINATE(ADM/ALL DEPTS)                                     1320                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2005-05-02                     House Journal                      Page 1426
     CS FOR HOUSE BILL NO. 257(JUD)                                                                 
     "An Act relating to and extending the pilot program for state                                  
     procurement and electronic commerce tools; and providing for an                                
     effective date."                                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 257(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSHB 257(JUD) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 129                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 129(JUD)                                                                
     "An Act relating to the wrongful recording of a notice of                                      
     pendency of an action relating to title to or right to possession of                           
     real property."                                                                                
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 L&C RPT 3DP 2NR                                                        984                         
 FN1: ZERO(CRT)                                                         985                         
 FN2: ZERO(LAW)                                                         985                         
 JUD RPT 5DP 1NR                                                       1297                         
 FN1: ZERO(CRT)                                                        1298                         
 FN2: ZERO(LAW)                                                        1298                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 129(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    

2005-05-02                     House Journal                      Page 1427
CSSB 129(JUD) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 272                                                                                            
The following, which was advanced to third reading from the April 30,                               
2005, calendar (page 1407), was read the third time:                                                
                                                                                                    
     CS FOR HOUSE BILL NO. 272(FIN)                                                                 
     "An Act relating to card rooms and card operations."                                           
                                                                                                    
The Speaker stated that, without objection, CSHB 272(FIN) would be                                  
held in third reading to tomorrow's calendar.                                                       
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HCR 6                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 6                                                              
     Relating to the continuation of the Alaska Information                                         
     Infrastructure Policy Task Force until the first day of the First                              
     Regular Session of the Twenty-Fifth Alaska State Legislature in                                
     January 2007.                                                                                  
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 EDT RPT 6DP                                                           1219                         
 FN1: (LEG)                                                            1219                         
 FIN RPT 7DP 1NR                                                       1397                         
 FN2: (LEG)                                                            1397                         
                                                                                                    
The question being:  "Shall HCR 6 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HCR 6                                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    

2005-05-02                     House Journal                      Page 1428
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Wilson                                                                                              
                                                                                                    
Absent:  Anderson, Kelly, Weyhrauch                                                                 
                                                                                                    
And so, HCR 6 passed the House and was referred to the Chief Clerk                                  
for engrossment.                                                                                    
                                                                                                    
HCR 11                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 11                                                             
     Proclaiming July 24, 2005, as Parents' Day.                                                    
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 HES RPT 4DP                                                           1294                         
 FN1: ZERO(LEG)                                                        1295                         
                                                                                                    
The question being:  "Shall HCR 11 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 11                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Wilson                                                                                              
                                                                                                    
Absent:  Kelly, Weyhrauch                                                                           
                                                                                                    
And so, HCR 11 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    

2005-05-02                     House Journal                      Page 1429
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
6:30 p.m.; and so, the House recessed at 1:38 p.m.                                                  
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 7:10 p.m.                                             
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Amy Collman                                                                              
By Representatives Seaton, Harris, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                 
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner,                                         
Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch,                                      
Wilson; Senator Gary Stevens                                                                        
                                                                                                    
Honoring - Juneau Jumpers, World Rope Skipping Championship                                         
Participants                                                                                        
By Representatives Kerttula, Weyhrauch, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire,                                        
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Wilson; Senator Elton                                                              
                                                                                                    
Honoring - Jambaars Soccer Team, Zane Cup State Champions                                           
By Representatives Kerttula, Weyhrauch, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire,                                        
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Wilson; Senator Elton                                                              

2005-05-02                     House Journal                      Page 1430
In Memoriam - Kaye Cory Baker                                                                       
By Representatives Coghill, Harris, Anderson, Berkowitz, Chenault,                                  
Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner,                                  
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly,                                  
Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras,                                      
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson; Senator Therriault                                                                          
                                                                                                    
In Memoriam - Hugh Gregory Gallagher                                                                
By Representatives Kerttula, Weyhrauch, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Wilson; Senator Elton                                                                               
                                                                                                    
In Memoriam - James Albert Anderegg                                                                 
By Representatives Kerttula, Weyhrauch, Harris, Anderson,                                           
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Wilson; Senator Elton                                                                               
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to                               
Standing Committee Reports.                                                                         
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Representative Croft placed a call of the House and lifted the call.                                
                                                                                                    
Representative Croft withdrew the objection.  There being no further                                
objection, the House reverted to:                                                                   
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 254                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    

2005-05-02                     House Journal                      Page 1431
     HOUSE BILL NO. 254                                                                             
     "An Act directing the Alaska Natural Gas Development Authority                                 
     to use money appropriated from the Railbelt energy fund and from                               
     other sources for preliminary engineering and related work for the                             
     construction of pipeline facilities to transport Alaska North Slope                            
     natural gas to the Southcentral Alaska gas distribution grid, and                              
     amending the definition of 'project' as applied to the work of the                             
     Alaska Natural Gas Development Authority; and providing for an                                 
     effective date."                                                                               
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Olson, Seaton, Elkins, Crawford, Samuels, Ramras                                      
                                                                                                    
No recommendation (2):  Kapsner, LeDoux                                                             
                                                                                                    
Amend (1):  Gatto                                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 254 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
SJR 11                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     SENATE JOINT RESOLUTION NO. 11                                                                 
     Urging the United States Congress to amend the tax code to repeal                              
     the federal excise tax on communications.                                                      
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Hawker, Foster, Meyer, Chenault                                                       
                                                                                                    
No recommendation (2):  Stoltze, Weyhrauch                                                          
                                                                                                    

2005-05-02                     House Journal                      Page 1432
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
SJR 11 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SJR 16                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     SENATE JOINT RESOLUTION NO. 16                                                                 
     Supporting legislation before the United States Congress that                                  
  reaffirms the right of the states to regulate hunting and fishing.                               
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Olson, Gatto, Elkins, Samuels, Ramras                                                 
                                                                                                    
No recommendation (2):  LeDoux, Crawford                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
SJR 16 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 16                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                  
     16(TRA)                                                                                        
     "An Act relating to the powers and duties of the Department of                                 
     Transportation and Public Facilities; repealing the requirement for                            
     a long-range program for highway construction and maintenance;                                 
     and repealing a requirement that public facilities comply with                                 
     energy standards adopted by the Department of Transportation                                   
     and Public Facilities; and providing for an effective date."                                   
                                                                                                    

2005-05-02                     House Journal                      Page 1433
The report was signed by Representative Chenault, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Hawker, Holm, Moses, Chenault                                                         
                                                                                                    
No recommendation (3):  Croft, Weyhrauch, Kelly                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
CSSSSB 16(TRA) was referred to the Rules Committee for placement                                    
on the calendar.                                                                                    
                                                                                                    
SB 104                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 104(JUD)                                                                
     "An Act relating to the crimes of unsworn falsification in the first                           
     and second degrees and false information or report; requiring the                              
     establishment of a permanent fund dividend fraud investigation                                 
     unit in the Department of Revenue; and providing for an effective                              
     date."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 104(JUD)                                                   
     "An Act relating to the crimes of unsworn falsification in the first                           
     degree involving an application for a permanent fund dividend and                              
     false information or report involving eligibility for a permanent                              
     fund dividend; requiring the establishment of a permanent fund                                 
     dividend fraud investigation unit in the Department of Revenue;                                
     relating to service in the peace corps and as a member of the                                  
     United States Olympic Team as allowable absences from the state                                
     for purposes of eligibility for permanent fund dividends and to the                            
     period for filing an application for a permanent fund dividend;                                
     authorizing the Department of Revenue to issue administrative                                  
     orders imposing sanctions for certain misrepresentations or other                              
     actions concerning eligibility for a permanent fund dividend and                               

2005-05-02                     House Journal                      Page 1434
     providing for administrative appeal of those orders; and providing                             
     for an effective date."                                                                        
                                                                                                    
     (pending title change resolution)                                                              
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kott, Gruenberg, Gara, McGuire                                                        
                                                                                                    
No recommendation (2):  Dahlstrom, Coghill                                                          
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 104(JUD):                                            
                                                                                                    
2.  Zero, Dept. of Law                                                                              
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
CSSB 104(JUD) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 141                                                                                            
The Finance Committee has again considered (page 1420):                                             
                                                                                                    
     CS FOR SENATE BILL NO. 141(FIN)                                                                
     "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                                

2005-05-02                     House Journal                      Page 1435
     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."                                                              
                                                                                                    
and recommends it be replaced with a forthcoming House Finance                                      
Committee substitute.                                                                               
                                                                                                    
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Foster, Kelly, Chenault                                                               
                                                                                                    
No recommendation (4):  Holm, Stoltze, Moses, Meyer                                                 
                                                                                                    
Amend (1):  Hawker                                                                                  
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 141(FIN):                                            
                                                                                                    
1.   Fiscal, Dept. of Administration                                                                
3.   Fiscal, Dept. of Revenue                                                                       
4.   Fiscal, Dept. of Revenue                                                                       
5.   Fiscal, Dept. of Revenue                                                                       
6.   Fiscal, Dept. of Revenue                                                                       
7.   Fiscal, Dept. of Revenue                                                                       
9.   Zero, House Finance Committee/Dept. of Administration                                          
11. Fiscal, Dept. of Administration                                                                 
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the House Finance Committee analysis, which applies to HCS CSSB                                     
141(FIN), be replaced with an analysis by the Actuarial Service                                     
Company.                                                                                            
                                                                                                    
There was objection.                                                                                
                                                                                                    
The question being:  "Shall the House Finance Committee analysis,                                   
which applies to HCS CSSB 141(FIN), be replaced with an analysis                                    
by the Actuarial Service Company?"  The roll was taken with the                                     
following result:                                                                                   

2005-05-02                     House Journal                      Page 1436
                                                                                                    
Replace Finance Committee Fiscal Analysis with                                                      
Actuarial Service Company Analysis for HCS CSSB 141(FIN)                                            
                                                                                                    
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gruenberg,                                     
Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kott, LeDoux, Moses,                                  
Salmon                                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Elkins, Foster, Gardner,                                 
Gatto, Harris, Holm, Kelly, Kohring, Lynn, McGuire, Meyer,                                          
Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                          
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
CSSB 141(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
                                                                                                    
                CONSIDERATION OF THE FIRST SUPPLEMENTAL                                          
                               CALENDAR                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the First Supplemental Calendar.  There being no                                        
objection, the following First Supplemental Calendar was adopted:                                   
                                                                                                    
              HB 286   VALUE OF ROYALTY ON GAS PRODUCTION                                          
              HB  98   NONUNION PUBLIC EMPLOYEE SALARY &                                           
        BENEFIT                                                                                     
     HB 275   TRANSPORTATION PROJECT BONDS                                                          
     SB  25  GENETICALLY MODIFIED FISH                                                              
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 286                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 286                                                                             
     "An Act amending the manner of determining the royalty received                                
     by the state on gas production by directing the commissioner of                                

2005-05-02                     House Journal                      Page 1437
     natural resources to accept, under certain circumstances, the                                  
     transfer price of the gas if established by transfer price order of the                        
     Regulatory Commission of Alaska; and providing for an effective                                
     date."                                                                                         
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 O&G RPT 5DP                                                           1371                         
 FN1: ZERO(CED)                                                        1372                         
 L&C RPT 5DP 2NR                                                       1418                         
 FN1: ZERO(CED)                                                        1418                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 286 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 286 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 286 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 286                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Absent:  Kelly                                                                                      
                                                                                                    
And so, HB 286 passed the House.                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 286 was referred to the Chief Clerk for engrossment.                                             

2005-05-02                     House Journal                      Page 1438
                     HOUSE BILLS IN SECOND READING                                               
                                                                                                    
HB 98                                                                                             
The following, which had been held in second reading and returned to                                
the Rules Committee (page 1404), was again before the House:                                        
                                                                                                    
     CS FOR HOUSE BILL NO. 98(RLS)                                                                  
     "An Act relating to the compensation of the governor, the                                      
     lieutenant governor, and certain public officials, officers, and                               
     employees not covered by collective bargaining agreements; and                                 
     providing for an effective date."                                                              
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representative Gara:                                                 
                                                                                                    
Page 1, following line 4:                                                                           
 Insert new bill sections to read:                                                                  
"* Section 1.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
 LEGISLATIVE INTENT.  It is the intent of the legislature that                                      
each legislative staff person be paid equitably without regard to the                               
political party affiliation of the legislator for whom the staff person                             
works.                                                                                              
   * Sec. 2.  AS 24.10.200 is amended by adding a new subsection to                               
read:                                                                                               
      (c)  The rate established under (a) of this section shall provide                             
     that the combined salary schedule ranges of the two employees                                  
     who are compensated at the highest ranges are equal for each                                   
     legislator. If a legislator has only one employee, that employee                               
     must be compensated at the highest range authorized for an                                     
     employee of any legislator.  This subsection does not prohibit                                 
     differences in the compensation of employees based on longevity                                
     or merit."                                                                                     
                                                                                                    
Page 1, line 5:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 3"                                                                                  
                                                                                                    
Renumber the following sections accordingly.                                                        
                                                                                                    

2005-05-02                     House Journal                      Page 1439
Page 3, lines 21 - 22:                                                                              
 Delete "sec. 4"                                                                                    
 Insert "sec. 6"                                                                                    
                                                                                                    
Page 3, line 22:                                                                                    
 Delete "secs. 5 and 6"                                                                             
 Insert "secs. 7 and 8"                                                                             
                                                                                                    
Page 3, line 31:                                                                                    
 Delete "sec. 4"                                                                                    
 Insert "sec. 6"                                                                                    
 Delete "secs. 5 and 6"                                                                             
 Insert "secs. 7 and 8"                                                                             
                                                                                                    
Page 4, line 4:                                                                                     
 Delete "secs. 4 - 6"                                                                               
 Insert "secs. 6 - 8"                                                                               
                                                                                                    
Page 4, line 12:                                                                                    
 Delete "Sections 1, 2, and 7"                                                                      
 Insert "Sections 3, 4, and 9"                                                                      
                                                                                                    
Page 4, line 13:                                                                                    
 Delete "sec. 11"                                                                                   
 Insert "sec. 13"                                                                                   
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 98(RLS)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  16   NAYS:  24   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    

2005-05-02                     House Journal                      Page 1440
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux,                                   
Moses, Salmon                                                                                       
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Gatto, Harris, Hawker,                                  
Holm, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson,                                    
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered by Representative Gara:                                                 
                                                                                                    
Page 1, following line 4:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  AS 24.10.200 is amended by adding a new subsection                              
to read:                                                                                            
      (c)  Legislative staff pay shall be based on merit and shall not                              
     be based on the party or caucus membership of the employing                                    
     legislator."                                                                                   
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 98(RLS)                                                                                        
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  18   NAYS:  20   EXCUSED:  0   ABSENT:  2                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, LeDoux, Moses, Salmon                                                                
                                                                                                    
Nays:  Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm,                              
Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Seaton,                                        
Stoltze, Thomas, Weyhrauch, Wilson                                                                  

2005-05-02                     House Journal                      Page 1441
Absent:  McGuire, Samuels                                                                           
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered by Representatives Croft and                                            
Berkowitz:                                                                                          
                                                                                                    
Page 1, line 1 (title amendment):                                                                   
 Delete "the governor, the lieutenant governor, and"                                              
                                                                                                    
Page 1, lines 5 - 10:                                                                               
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 98(RLS)                                                                                        
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  12   NAYS:  27   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gardner,                                  
Gatto, Gruenberg, Kapsner, Salmon, Wilson                                                           
                                                                                                    
Nays:  Anderson, Chenault, Dahlstrom, Elkins, Foster, Guttenberg,                                   
Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux,                                
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                       
Seaton, Stoltze, Thomas, Weyhrauch                                                                  
                                                                                                    
Absent:  Samuels                                                                                    
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    

2005-05-02                     House Journal                      Page 1442
Representative Coghill moved and asked unanimous consent that                                       
CSHB 98(RLS) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 98(RLS) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 98(RLS) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 98(RLS)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Dahlstrom, Elkins, Foster, Gara, Gardner,                                
Gruenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, Kott,                                    
McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Seaton,                                     
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Gatto,                                          
Guttenberg, Joule, Kapsner, LeDoux, Lynn, Ramras, Stoltze                                           
                                                                                                    
Absent:  Samuels                                                                                    
                                                                                                    
And so, CSHB 98(RLS) passed the House.                                                              
                                                                                                    
Representative Coghill moved the effective date clauses.                                            
                                                                                                    
The question being:  "Shall the effective date clauses be adopted?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 98(RLS)                                                                                        
Third Reading                                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, Kott,                                   
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Rokeberg, Salmon, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                        
                                                                                                    

2005-05-02                     House Journal                      Page 1443
Nays:  Kapsner                                                                                      
                                                                                                    
Absent:  Joule, Samuels                                                                             
                                                                                                    
And so, the effective date clauses were adopted.                                                    
                                                                                                    
Representative Crawford gave notice of reconsideration of the vote on                               
CSHB 98(RLS).                                                                                       
                                                                                                    
HB 275                                                                                            
The following, which had been read the second time and returned to                                  
the Rules Committee (page 1381), was again before the House in                                      
second reading:                                                                                     
                                                                                                    
     HOUSE BILL NO. 275                                                                             
     "An Act authorizing financing for certain public transportation                                
     projects; giving notice of and approving the entry into, and the                               
     issuance of revenue obligations that provide participation in,                                 
     lease-financing agreements for those transportation projects; and                              
     providing for an effective date."                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 275(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered by Representative Gardner:                                              
                                                                                                    
Page 1, following line 13, insert:                                                                  
 "(1) Anchorage:  Lake Otis-Tudor intersection $7,000,000"                                          
                                                                                                    
Renumber the following accordingly.                                                                 
                                                                                                    
Representative Gardner moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Lynn objected.                                                                       
                                                                                                    

2005-05-02                     House Journal                      Page 1444
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 275(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Gara, Gardner, Gruenberg, Guttenberg, Hawker, Joule, Kapsner,                                       
Kerttula, McGuire, Moses, Salmon                                                                    
                                                                                                    
Nays:  Chenault, Coghill, Elkins, Foster, Gatto, Harris, Holm, Kelly,                               
Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras,                                          
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                       
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered by Representative Stoltze:                                              
                                                                                                    
Page 2, lines 9 - 10:                                                                               
 Delete all material.                                                                               
                                                                                                    
Renumber the following accordingly.                                                                 
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Meyer objected and withdrew the objection.  There                                    
being no further objection, Amendment No. 2 was adopted.                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 275(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSHB 275(FIN) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           

2005-05-02                     House Journal                      Page 1445
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 25                                                                                             
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 25                                                                             
     "An Act relating to labeling and identification of genetically                                 
     modified fish and fish products."                                                              
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 FSH RPT 5DP                                                            646                         
 FN1: ZERO(DEC)                                                         647                         
 FN2: ZERO(LAW)                                                         647                         
 L&C RPT 4DP 2NR                                                        865                         
 FN1: ZERO(DEC)                                                         865                         
 FN2: ZERO(LAW)                                                         865                         
 RES RPT 4DP 2NR 1AM                                                    982                         
 FN1: ZERO(DEC)                                                         983                         
 FN2: ZERO(LAW)                                                         983                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 25 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SB 25 was read the third time.                                                                      
                                                                                                    
The question being:  "Shall SB 25 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SB 25                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  0   ABSENT:  8                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Kerttula, Kohring, Kott, LeDoux, Lynn,                                  
McGuire, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze,                                   
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    

2005-05-02                     House Journal                      Page 1446
Absent:  Anderson, Holm, Joule, Kapsner, Kelly, Meyer, Moses,                                       
Rokeberg                                                                                            
                                                                                                    
And so, SB 25 passed the House, was signed by the Speaker and Chief                                 
Clerk and returned to the Senate.                                                                   
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 277                                                                                            
The Speaker waived the House Special Committee on Military &                                        
Veterans' Affairs referral for the following at the request of                                      
Representative Lynn, Chair:                                                                         
                                                                                                    
     HOUSE BILL NO. 277                                                                             
     "An Act naming the Charles Gamble Jr. - Donald Sperl Joint Use                                 
     Facility in Juneau."                                                                           
                                                                                                    
HB 277 was removed from the House Special Committee on Military                                     
& Veterans' Affairs and referred to the State Affairs Committee.                                    
                                                                                                    
HCR 11                                                                                            
Representative Samuels added his name as cosponsor to:                                              
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 11                                                             
     Proclaiming July 24, 2005, as Parents' Day.                                                    
                                                                                                    
HB 273                                                                                            
Representative Gardner removed her name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 273                                                                             
     "An Act relating to the dividends of individuals claiming                                      
     allowable absences; and providing for an effective date."                                      
                                                                                                    
HB 286                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 286                                                                             
     "An Act amending the manner of determining the royalty received                                
     by the state on gas production by directing the commissioner of                                
     natural resources to accept, under certain circumstances, the                                  

2005-05-02                     House Journal                      Page 1447
     transfer price of the gas if established by transfer price order of the                        
     Regulatory Commission of Alaska; and providing for an effective                                
     date."                                                                                         
                                                                                                    
SB 104                                                                                            
Representatives Anderson, Gara, and McGuire added their names as                                    
cross sponsors to:                                                                                  
                                                                                                    
     CS FOR SENATE BILL NO. 104(JUD)                                                                
     "An Act relating to the crimes of unsworn falsification in the first                           
     and second degrees and false information or report; requiring the                              
     establishment of a permanent fund dividend fraud investigation                                 
     unit in the Department of Revenue; and providing for an effective                              
     date."                                                                                         
                                                                                                    
SB 147                                                                                            
Representative Hawker added his name as cross sponsor to:                                           
                                                                                                    
     CS FOR SENATE BILL NO. 147(FIN)                                                                
     "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."                                                                                     
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 6                                                                                             
HCR 6 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
HCR 11                                                                                            
HCR 11 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 217                                                                                            
HB 217(title am) was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2005-05-02                     House Journal                      Page 1448
HB 286                                                                                            
HB 286 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
With the appointment of a Conference Committee on the operating                                     
budget, Rule 23(d) of the Uniform Rules is in effect as of April 19,                                
2005.  Submit written notice of a meeting by 4:00 p.m. to the Chief                                 
Clerk's office for publication in the next day's committee schedule.                                
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 3, 2005.  There being no                                        
objection, the House adjourned at 9:02 p.m.                                                         
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk