Legislature(2005 - 2006)
2005-05-05 House Journal
Full Journal pdf2005-05-05 House Journal Page 1571 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday May 5, 2005 One Hundred Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:28 a.m. Roll call showed 31 members present. Representatives Anderson, Chenault, Croft, Gardner, Gruenberg, Kapsner, Kerttula, Kohring, 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. With respect for the religious traditions of all Alaskans, I offer this prayer. Good, giving, and gracious God, who created the earth and all who live, bless each one here today, I pray, with an understanding of their immeasurable value in Your eyes. May we come to understand that while honor and honors may be granted us by mortal men and women, the value we have was granted all at birth and cannot be given or thrown or taken away, for You love all that You have made. And as we see ourselves as precious in Your sight, may we, from that sure and certain stance, extend our hand and hearts across divides that once threatened us, for our common good and life. Keep us ever mindful and grateful to those who provide for us the necessities and comforts of our lives through labor in the open air and upon the sea. Bless those who plant the seed, guard the crop, and reap the harvest. Bless all those who 2005-05-05 House Journal Page 1572 swing the hammer and drive the nail and move the earth. Bless all those who work the lonely hours of the night, that by light of day we may not forget their hidden labor. O Lord, who has the power to create the stars, the planets, this earth, and human life, and from whom also we have been taught the rule of and guiding force of love, grant to this house, which has been granted great power by election, that same love for one another and the great land they have been called upon to serve. Amen. The Pledge of Allegiance was led by Representative Moses. MESSAGES FROM THE SENATE HB 136 A message dated May 4, 2005, was read stating the Senate has passed: HOUSE BILL NO. 136 "An Act restricting the authority of a court to suspend execution of a sentence or grant probation in prosecutions for driving while under the influence and prosecutions for refusal to submit to a chemical test; and allowing a court to suspend up to 75 percent of the minimum fines required for driving while under the influence and for refusal to submit to a chemical test if the defendant successfully completes a court-ordered treatment program." The Senate adopted a Legislative letter of intent (page 711). HB 136 was referred to the Chief Clerk for enrollment. HB 181 A message dated May 4, 2005, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 181(L&C) "An Act authorizing a waiver for active duty military service of continuing education requirements for renewal of occupational licenses." CSHB 181(L&C) was referred to the Chief Clerk for enrollment. 2005-05-05 House Journal Page 1573 HB 201 A message dated May 4, 2005, was read stating the Senate has passed: HOUSE BILL NO. 201 "An Act relating to an application for a permanent fund dividend for a member of the armed forces of the United States serving on active duty outside of the state; and providing for an effective date." HB 201 was referred to the Chief Clerk for enrollment. HB 230 A message dated May 4, 2005, was read stating the Senate has passed: HOUSE BILL NO. 230 "An Act authorizing the making of loans for upgrade of commercial fishing tender vessels and gear." HB 230 was referred to the Chief Clerk for enrollment. HB 35 A message dated May 4, 2005, was read stating the Senate has passed: HOUSE BILL NO. 35 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 35(FIN) "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; extending the term of a temporary member of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." (SCR 10 - title change resolution) 2005-05-05 House Journal Page 1574 HB 35 is under Unfinished Business. HB 210 A message dated May 4, 2004, was read stating the Senate has passed CSHB 210(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 210(JUD) am S "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." CSHB 210(JUD) is under Unfinished Business. Messages dated May 4, 2005, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 10 SENATE CONCURRENT RESOLUTION NO. 10 by the Senate Labor and Commerce Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 35, extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors. was read the first time. SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 by the Senate State Affairs Committee: Authorizing the Legislative Budget and Audit Committee to pursue and direct litigation relating to state natural gas transportation. 2005-05-05 House Journal Page 1575 was read the first time and referred to the Resources Committee. SJR 15 SENATE JOINT RESOLUTION NO. 15 by Senators Huggins, Therriault, Dyson, Wagoner, Seekins, Stedman, Green, Cowdery, and Ben Stevens: Requesting the United States Congress to end the abuse of tort laws against the firearms industry. was read the first time and referred to the Judiciary Committee. **The presence of Representative Kerttula was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 22 CS FOR SENATE BILL NO. 22(FIN) by the Senate Finance Committee, entitled: "An Act adding birthing centers to the list of health facilities eligible for payment of medical assistance for needy persons." was read the first time and referred to the Finance Committee. SB 156 SENATE BILL NO. 156 by Senator Ben Stevens, entitled: "An Act relating to notification to teachers of layoff or nonretention." was read the first time and referred to the Health, Education & Social Services and Finance Committees. **The presence of Representative Gardner was noted. 2005-05-05 House Journal Page 1576 REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Tim Brady as a member of the University of Alaska Board of Regents. The report was signed by Representative Wilson, Chair; and Representatives Gardner, Kohring, and Cissna. **The presence of Representative Anderson was noted. HB 28 The State Affairs Committee has considered: HOUSE BILL NO. 28 "An Act relating to the municipal dividend program; and providing for an effective date." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (1): Seaton Do not pass (2): Gardner, Ramras No recommendation (2): Lynn, Elkins Amend (1): Gatto The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 28 was referred to the Finance Committee. 2005-05-05 House Journal Page 1577 HB 176 The State Affairs Committee has considered: HOUSE BILL NO. 176 "An Act exempting the state and its political subdivisions from daylight saving time." and recommends it be replaced with: CS FOR HOUSE BILL NO. 176(STA) "An Act authorizing an advisory vote on whether the legislature should exempt the state and its political subdivisions from daylight saving time." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (1): Seaton No recommendation (3): Lynn, Gatto, Elkins Amend (1): Gruenberg The following fiscal note(s) apply to CSHB 176(STA): 1. Zero, Dept. of Administration 2. Fiscal, Office of the Governor HB 176 was referred to the Rules Committee for placement on the calendar. HB 237 The Transportation Committee has considered: HOUSE BILL NO. 237 "An Act relating to international airports revenue bonds; and providing for an effective date." The report was signed by Representatives Elkins and Gatto, Co-chairs, with the following individual recommendations: 2005-05-05 House Journal Page 1578 Do pass (2): Thomas, Elkins Do not pass (1): Gatto No recommendation (3): Salmon, Neuman, Kohring The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue HB 237 was referred to the Finance Committee. **The presence of Representatives Chenault and Gruenberg was noted. HB 243 The Finance Committee has considered: HOUSE BILL NO. 243 "An Act relating to the maximum annual regulatory cost charge collected from certain regulated public utilities and pipeline carriers; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 243(FIN) "An Act relating to the financial plan for the intertie between the Swan Lake and Tyee Lake hydroelectric projects; and providing for an effective date." The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (3): Weyhrauch, Kelly, Meyer No recommendation (6): Hawker, Holm, Foster, Stoltze, Joule, Moses The following fiscal note(s) apply to CSHB 243(FIN): 2005-05-05 House Journal Page 1579 2. Indeterminate, Dept. of Commerce, Community, & Economic Development HB 243 was referred to the Rules Committee for placement on the calendar. HB 280 The Finance Committee has considered: HOUSE BILL NO. 280 "An Act relating to the taxation of mining property; relating to contracts approved by municipalities for payments in lieu of taxes; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 280(FIN) "An Act relating to the taxation of minerals and mining property; relating to contracts approved by municipalities for payments in lieu of taxes; and providing for an effective date." The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (3): Hawker, Foster, Kelly No recommendation (5): Stoltze, Moses, Joule, Weyhrauch, Meyer Amend (1): Holm The following fiscal note(s) apply to CSHB 280(FIN): 3. Fiscal, Dept. of Commerce, Community, & Economic Development 4. Fiscal, Dept. of Revenue HB 280 was referred to the Rules Committee for placement on the calendar. SB 132 The State Affairs Committee has considered: 2005-05-05 House Journal Page 1580 SENATE BILL NO. 132(efd fld) "An Act relating to complaints filed with, investigations, hearings, and orders of, and the interest rate on awards of the State Commission for Human Rights; and making conforming amendments." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 132(STA) (same title) The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (4): Lynn, Gatto, Elkins, Seaton Amend (1): Gruenberg The following fiscal note(s) apply to HCS SB 132(STA): 1. Zero, Office of the Governor 2. Zero, Dept. of Law SB 132(efd fld) was referred to the Judiciary Committee. SB 172 The State Affairs Committee has considered: SENATE BILL NO. 172 "An Act relating to the presentation of initiatives and referenda on the ballot." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 172(STA) (same title) The report was signed by Representative Seaton, Chair, with the following individual recommendations: 2005-05-05 House Journal Page 1581 Do pass (4): Lynn, Gatto, Elkins, Seaton No recommendation (2): Gardner, Gruenberg The following fiscal note(s) apply to HCS SB 172(STA): 1. Zero, Office of the Governor SB 172 was referred to the Judiciary Committee. **The presence of Representatives Weyhrauch and Kapsner was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Noel W. Woods, 60 Years in Alaska By Representatives Kohring, Gatto, Neuman, Stoltze; Senators Green, Huggins Honoring - David J. Parks By Representatives Gatto, Stoltze, Neuman; Senators Green, Huggins Honoring - Barbara Hall By Representative Ramras In Memoriam - Robert "Bobby" Storrs By Representative Seaton; Senator Hoffman In Memoriam - Donald Alton Stump By Senator Dyson INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 by the House Finance Committee: 2005-05-05 House Journal Page 1582 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 174, excluding certain trucks from the definition of "passenger vehicle" for purposes of the passenger vehicle rental tax. was read the first time and referred to the Rules Committee for placement on the calendar. RECONSIDERATION HB 161 Representative Elkins brought up reconsideration of the vote on CSHB 161(STA) (page 1513). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 161(STA) "An Act relating to reemployment of and benefits for or on behalf of retired teachers and public employees and to teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA 2001; providing for an effective date by amending the delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and repealing sec. 13, ch. 58, SLA 2001, which is the delayed effective date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an effective date." **The presence of Representative Croft was noted. Representative Elkins withdrew his request to take up reconsideration. The Speaker stated that, without objection, the House would recess to a joint session; and so, the House recessed at 10:53 a.m. AFTER RECESS The Speaker called the House back to order at 11:13 a.m. **The presence of Representative Kohring was noted. 2005-05-05 House Journal Page 1583 JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Harris turned the gavel over to President Ben Stevens who called the joint session to order at 11:13 a.m. The purpose of the joint session was to consider confirmation of the Governor's appointments. Roll call of the Senate showed 19 members present. Representative Bunde was excused. Roll call of the House showed 40 members present. 2005 CONFIRMATION OF GOVERNOR'S APPOINTMENTS The commissioner appointments are as follows: Attorney General Mr. Dave Marquez - Anchorage Appointed: 3/31/2005 Alaska Air National Guard - Brigadier General Colonel Tony A. Hart - Kulis ANG Base Commissioner - Department of Environmental Conservation Mr. Kurt Fredriksson - Juneau Appointed: 3/31/2005 Commissioner - Department of Fish and Game Mr. McKie Campbell - Juneau Appointed: 3/31/2005 Chief Administrative Law Judge Ms. Terry L. Thurbon The boards and commissions appointments are as follows: 2005-05-05 House Journal Page 1584 Alaska State Board of Public Accountancy Ms. Carla J. Bassler - Anchorage Appointed: 3/14/2005 Term Expires: 3/1/2009 Mr. Kenneth L. Mayer - Kenai Appointed: 3/14/2005 Term Expires: 3/1/2009 Mr. Max E. Mertz - Juneau Appointed: 8/3/2004 Term Expires: 3/1/2008 Ms. Christy Morse - Anchorage Appointed: 3/14/2005 Term Expires: 3/1/2009 Ms. Catherine L. Wilson - Tok Appointed: 10/21/2004 Term Expires: 3/1/2008 Alcoholic Beverage Control Board Mr. Michael Gordon - Anchorage Appointed: 2/19/2003 Reappointed: 4/13/2005 Term Expires: 3/1/2008 Mr. William Tull - Palmer Appointed: 4/13/2005 Term Expires: 3/1/2008 State Board of Registration for Architects, Engineers, and Land Surveyors Mr. Richard C. Heieren - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2009 Mr. Harley H. Hightower - Anchorage Appointed: 3/9/2005 Term Expires: 3/1/2009 Mr. Mark G. Morris - Juneau Appointed: 3/9/2005 Term Expires: 3/1/2009 Board of Governors of the Alaska Bar Mr. Joseph N. Faulhaber - Fairbanks Appointed: 7/29/2003 Reappointed: 3/9/2005 Term Expires: 3/1/2008 2005-05-05 House Journal Page 1585 Board of Barbers and Hairdressers Ms. Alice B. Massie - Wasilla Appointed: 2/14/2005 Term Expires: 3/1/2006 Alaska Commercial Fisheries Entry Commission (CFEC) Mr. Peter Froehlich, Esq. - Juneau Appointed: 7/1/2005 Term Expires: 3/1/2009 Board of Dental Examiners Dr. William Gerace, D.D.S. - Anchorage Appointed: 6/25/2001 Reappointed: 4/14/2005 Term Expires: 3/1/2009 Mr. Greg Gursey - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2009 Ms. Vickie Hauff - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2009 Dr. Rebecca Neslund, D.M.D. - Kodiak Appointed: 11/14/2001 Reappointed: 4/14/2005 Term Expires: 3/1/2009 Board of Education and Early Development Ms. Esther Cox - Anchorage Reappointed: 3/31/2005 Term Expires: 3/1/2010 Ms. Shirley Holloway - Anchorage Reappointed: 3/31/2005 Term Expires: 3/1/2010 Board of Fisheries Mr. Rupert E. Andrews - Juneau Appointed: 1/20/2003 Reappointed: 4/11/2005 Term Expires: 6/30/2008 Mr. John E. Jensen - Petersburg Appointed: 1/20/2003 Reappointed: 4/11/2005 Term Expires: 6/30/2008 2005-05-05 House Journal Page 1586 Mr. Melvan E. Morris, Jr. - Kodiak Appointed: 1/20/2003 Reappointed: 4/11/2005 Term Expires: 6/30/2008 Board of Game Mr. Carl M. Morgan, Jr. - Aniak Appointed: 4/11/2005 Term Expires: 3/1/2008 Mr. Ron Somerville - Juneau Appointed: 1/21/2003 Reappointed: 4/11/2005 Term Expires: 3/1/2008 Mr. Ted H. Spraker - Soldotna Appointed: 1/21/2003 Reappointed: 4/11/2005 Term Expires: 3/1/2008 State Commission for Human Rights Mr. Randy H. Eledge - Anchorage Appointed: 3/18/2005 Term Expires: 3/1/2006 Ms. M. Chris Hayes - Fairbanks Appointed: 3/18/2005 Term Expires: 3/1/2010 Mr. Lester C. Lunceford - Whittier Appointed: 2/19/2003 Reappointed: 3/18/2005 Term Expires: 3/1/2010 Ms. Barbara J. (Tamie) Miller - Wasilla Appointed: 3/18/2005 Term Expires: 3/1/2009 Commission on Judicial Conduct Ms. Ethel Staton - Sitka Appointed: 3/4/1997 Reappointed: 3/23/2005 Term Expires: 3/1/2009 Mr. Jerry Story - Wasilla Appointed: 3/23/2005 Term Expires: 3/1/2008 2005-05-05 House Journal Page 1587 Alaska Judicial Council Ms. Christena (Tena) Williams - Ketchikan Appointed: 4/13/2005 Term Expires: 3/1/2011 Alaska Labor Relations Agency Mr. Gary A. Atwood - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2007 Mr. Aaron T. Isaacs, Jr. - Klawock Appointed: 1/18/2002 Reappointed: 3/9/2005 Term Expires: 3/1/2008 Ms. Colleen E. Scanlon - Ketchikan Appointed: 4/28/2003 Reappointed: 3/9/2005 Term Expires: 3/1/2008 Board of Marine Pilots Mr. Dale Collins - Ketchikan Appointed: 4/18/2005 Term Expires: 3/1/2009 Board of Marital and Family Therapy Mrs. Kerry L. Rasmussen - Ward Cove Appointed: 8/3/2004 Term Expires: 3/1/2008 Ms. Martha Swink - Anchorage Appointed: 8/3/2004 Term Expires: 3/1/2006 Alaska Mental Health Trust Authority Board of Trustees Ms. Margaret Lowe - Anchorage Appointed: 4/13/2005 Term Expires: 3/1/2010 Board of Nursing Ms. Terri S. Olson - Anchorage Appointed: 3/9/2005 Term Expires: 3/1/2009 Alaska Oil and Gas Conservation Commission Ms. Cathy P. Foerster - Anchorage Appointed: 3/23/2005 Term Expires: 3/1/2007 2005-05-05 House Journal Page 1588 Mr. Daniel Seamount - Anchorage Appointed: 1/13/2000 Reappointed: 1/11/2005 Term Expires: 3/1/2011 Board of Pharmacy Ms. Mary Mundell - Homer Appointed: 4/14/2005 Term Expires: 3/1/2009 Ms. Leona Oberts - Soldotna Appointed: 4/14/2005 Term Expires: 3/1/2009 State Physical Therapy and Occupational Therapy Board Ms. JoAnne Boehme - Juneau Appointed: 4/14/2005 Term Expires: 3/1/2006 Mr. Gary Burleson - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2008 Mr. Alec Kay - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2008 Mr. Jay McDiarmid - Fairbanks Appointed: 4/14/2005 Term Expires: 3/1/2009 Board of Professional Counselors Mr. James (Randy) Morton - Nome Appointed: 4/14/2005 Term Expires: 3/1/2008 Ms. Tashawna Olson - Homer Appointed: 4/14/2005 Term Expires: 3/1/2009 Dr. Kerry Turnbow - Fairbanks Appointed: 4/14/2005 Term Expires: 3/1/2009 Professional Teaching Practices Commission Ms. Bonnie C. Gaborik - North Pole Appointed: 3/9/2005 Term Expires: 3/1/2006 Ms. Karen Macklin - Sitka Appointed: 8/3/2004 Term Expires: 3/1/2008 2005-05-05 House Journal Page 1589 Board of Psychologist and Psychological Associate Examiners Ms. Camille O. Carlson - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2008 Ms. Destiny Sargeant - Juneau Appointed: 3/9/2005 Term Expires: 3/1/2008 Real Estate Commission Mr. Gene DuVal - Fairbanks Appointed: 4/13/2005 Term Expires: 3/1/2009 Mr. Roger Stone - Ketchikan Appointed: 4/13/2005 Term Expires: 3/1/2009 University of Alaska Board of Regents Mr. Tim Brady - Anchorage Appointed: 5/4/2005 Term Expires: 2/1/2007 Mr. Jacob Gondek - Anchorage Appointed: 4/13/2005 Term Expires: 5/31/2007 Mr. Carl H. Marrs - Anchorage Appointed: 1/13/2005 Term Expires: 2/1/2013 Mr. Robert Martin - Juneau Appointed: 1/13/2005 Term Expires: 2/1/2013 Regulatory Commission of Alaska (RCA) Mr. Anthony A. Price - Anchorage Appointed: 7/1/2004 Term Expires: 7/1/2010 Board of Veterinary Examiners Mr. Alfred Agree - Trapper Creek Appointed: 3/23/2005 Term Expires: 3/1/2008 Dr. Timothy L. Bowser, D.V.M. - Soldotna Appointed: 2/19/2003 Reappointed: 3/23/2005 Term Expires: 3/1/2008 2005-05-05 House Journal Page 1590 Dr. Cynthia Ann Trout, D.V.M. - Anchorage Appointed: 3/23/2005 Term Expires: 3/1/2008 Violent Crimes Compensation Board Mr. LeRoy J. Barker, Esq. - Anchorage Appointed: 2/19/2003 Reappointed: 3/23/2005 Term Expires: 3/1/2008 Senator Gary Stevens moved and asked unanimous consent that the following appointment as attorney general be confirmed: Attorney General of Alaska Mr. Dave Marquez - Anchorage Appointed: 3/31/2005 Senator French objected and withdrew the objection. The question being: "Shall Dave Marquez be confirmed as Attorney General?" The roll of the Senate was called with the following result: Attorney General Confirm - Marquez SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken, Ben Stevens Excused: Bunde The roll of the House was taken with the following result: Attorney General Confirm - Marquez HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2005-05-05 House Journal Page 1591 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, Weyhrauch, Wilson TOTAL: YEAS: 59 NAYS: 0 EXCUSED: 1 ABSENT: 0 And so, Dave Marquez was confirmed as Attorney General. Senator Gary Stevens moved and asked unanimous consent that the following appointment as brigadier general be confirmed: Alaska Air National Guard - Brigadier General Colonel Tony A. Hart - Kulis ANG Base The question being: "Shall Colonel Tony A. Hart be confirmed as Alaska Air National Guard - Brigadier General?" The roll of the Senate was called with the following result: Alaska Air National Guard - Brigadier General Confirm - Hart SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken, Cowdery, Ben Stevens Excused: Bunde The roll of the House was taken with the following result: Alaska Air National Guard - Brigadier General Confirm - Hart HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2005-05-05 House Journal Page 1592 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, Weyhrauch, Wilson TOTAL: YEAS: 59 NAYS: 0 EXCUSED: 1 ABSENT: 0 And so, Colonel Tony A. Hart was confirmed as Alaska Air National Guard - Brigadier General. Senator Gary Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Environmental Conservation Mr. Kurt Fredriksson - Juneau Appointed: 3/31/2005 The question being: "Shall Kurt Fredriksson be confirmed as Commissioner of the Department of Environmental Conservation?" The roll of the Senate was called with the following result: Commissioner - Dept. of Environmental Conservation Confirm - Fredriksson SENATE YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken, Cowdery, Davis, Ben Stevens Nays: Wagoner Excused: Bunde The roll of the House was taken with the following result: Commissioner - Dept. of Environmental Conservation Confirm - Fredriksson HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2005-05-05 House Journal Page 1593 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, Weyhrauch, Wilson TOTAL: YEAS: 58 NAYS: 1 EXCUSED: 1 ABSENT: 0 And so, Kurt Fredriksson was confirmed as Commissioner of the Department of Environmental Conservation. Senator Gary Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Fish and Game Mr. McKie Campbell - Juneau Appointed: 3/31/2005 The question being: "Shall McKie Campbell be confirmed as Commissioner of the Department of Fish and Game?" The roll of the Senate was called with the following result: Commissioner - Dept. of Fish & Game Confirm - Campbell SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken, Cowdery, Davis, Dyson, Ben Stevens Excused: Bunde The roll of the House was taken with the following result: Commissioner - Dept. of Fish & Game Confirm - Campbell HOUSE YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 2005-05-05 House Journal Page 1594 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Kapsner, Kelly TOTAL: YEAS: 57 NAYS: 2 EXCUSED: 1 ABSENT: 0 And so, McKie Campbell was confirmed as Commissioner of the Department of Fish and Game. Senator Gary Stevens moved and asked unanimous consent that the following appointment as chief administrative law judge be confirmed: Chief Administrative Law Judge Ms. Terry L. Thurbon Representative Samuels moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Samuels was required to vote. Representative Weyhrauch declared a conflict of interest and requested a ruling from the Chair regarding the necessity of conflict disclosures on the floor. The Speaker stated advice from counsel indicates disclosure is not required. The President further stated that if a conflict has been previously disclosed to the Alaska Public Offices Commission, disclosure is unnecessary. The question being: "Shall Terry Thurbon be confirmed as Chief Administrative Law Judge?" The roll of the House was taken with the following result: Chief Administrative Law Judge Confirm - Thurbon HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2005-05-05 House Journal Page 1595 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, Weyhrauch, Wilson The roll of the Senate was called with the following result: Chief Administrative Law Judge Confirm - Thurbon SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken, Cowdery, Davis, Dyson, Ellis, Ben Stevens Excused: Bunde TOTAL: YEAS: 59 NAYS: 0 EXCUSED: 1 ABSENT: 0 And so, Terry Thurbon was confirmed as Chief Administrative Law Judge. Senator Gary Stevens moved and asked unanimous consent that the following appointments be confirmed: Alaska State Board of Public Accountancy Ms. Carla J. Bassler - Anchorage Appointed: 3/14/2005 Term Expires: 3/1/2009 Mr. Kenneth L. Mayer - Kenai Appointed: 3/14/2005 Term Expires: 3/1/2009 Mr. Max E. Mertz - Juneau Appointed: 8/3/2004 Term Expires: 3/1/2008 Ms. Christy Morse - Anchorage Appointed: 3/14/2005 Term Expires: 3/1/2009 2005-05-05 House Journal Page 1596 Ms. Catherine L. Wilson - Tok Appointed: 10/21/2004 Term Expires: 3/1/2008 Alcoholic Beverage Control Board Mr. Michael Gordon - Anchorage Appointed: 2/19/2003 Reappointed: 4/13/2005 Term Expires: 3/1/2008 Mr. William Tull - Palmer Appointed: 4/13/2005 Term Expires: 3/1/2008 There being no objection, the appointments were confirmed. Senator Gary Stevens moved and asked unanimous consent that the following appointments be confirmed: State Board of Registration for Architects, Engineers, and Land Surveyors Mr. Richard C. Heieren - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2009 Mr. Harley H. Hightower - Anchorage Appointed: 3/9/2005 Term Expires: 3/1/2009 Mr. Mark G. Morris - Juneau Appointed: 3/9/2005 Term Expires: 3/1/2009 Board of Governors of the Alaska Bar Mr. Joseph N. Faulhaber - Fairbanks Appointed: 7/29/2003 Reappointed: 3/9/2005 Term Expires: 3/1/2008 Board of Barbers and Hairdressers Ms. Alice B. Massie - Wasilla Appointed: 2/14/2005 Term Expires: 3/1/2006 Alaska Commercial Fisheries Entry Commission (CFEC) Mr. Peter Froehlich, Esq. - Juneau Appointed: 7/1/2005 Term Expires: 3/1/2009 2005-05-05 House Journal Page 1597 Board of Dental Examiners Dr. William Gerace, D.D.S. - Anchorage Appointed: 6/25/2001 Reappointed: 4/14/2005 Term Expires: 3/1/2009 Mr. Greg Gursey - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2009 Ms. Vickie Hauff - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2009 Dr. Rebecca Neslund, D.M.D. - Kodiak Appointed: 11/14/2001 Reappointed: 4/14/2005 Term Expires: 3/1/2009 Board of Education and Early Development Ms. Esther Cox - Anchorage Reappointed: 3/31/2005 Term Expires: 3/1/2010 Ms. Shirley Holloway - Anchorage Reappointed: 3/31/2005 Term Expires: 3/1/2010 There being no objection, the appointments were confirmed. Senator Gary Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Fisheries Mr. Rupert E. Andrews - Juneau Appointed: 1/20/2003 Reappointed: 4/11/2005 Term Expires: 6/30/2008 Mr. John E. Jensen - Petersburg Appointed: 1/20/2003 Reappointed: 4/11/2005 Term Expires: 6/30/2008 Mr. Melvan E. Morris, Jr. - Kodiak Appointed: 1/20/2003 Reappointed: 4/11/2005 Term Expires: 6/30/2008 2005-05-05 House Journal Page 1598 Board of Game Mr. Carl M. Morgan, Jr. - Aniak Appointed: 4/11/2005 Term Expires: 3/1/2008 Mr. Ron Somerville - Juneau Appointed: 1/21/2003 Reappointed: 4/11/2005 Term Expires: 3/1/2008 Mr. Ted H. Spraker - Soldotna Appointed: 1/21/2003 Reappointed: 4/11/2005 Term Expires: 3/1/2008 State Commission for Human Rights Mr. Randy H. Eledge - Anchorage Appointed: 3/18/2005 Term Expires: 3/1/2006 Ms. M. Chris Hayes - Fairbanks Appointed: 3/18/2005 Term Expires: 3/1/2010 Mr. Lester C. Lunceford - Whittier Appointed: 2/19/2003 Reappointed: 3/18/2005 Term Expires: 3/1/2010 Ms. Barbara J. (Tamie) Miller - Wasilla Appointed: 3/18/2005 Term Expires: 3/1/2009 Commission on Judicial Conduct Ms. Ethel Staton - Sitka Appointed: 3/4/1997 Reappointed: 3/23/2005 Term Expires: 3/1/2009 Mr. Jerry Story - Wasilla Appointed: 3/23/2005 Term Expires: 3/1/2008 Objection was heard to the confirmation of Carl M. Morgan, Jr. to the Board of Game and Barbara J. (Tamie) Miller to the State Commission for Human Rights. 2005-05-05 House Journal Page 1599 Senator Gary Stevens restated the motion to confirm the appointments with the exception of Carl M. Morgan and Barbara J. (Tamie) Miller and asked unanimous consent. There being no objection, the appointments were confirmed. Senator Gary Stevens moved and asked unanimous consent that the following appointments be confirmed: Alaska Judicial Council Ms. Christena (Tena) Williams - Ketchikan Appointed: 4/13/2005 Term Expires: 3/1/2011 Alaska Labor Relations Agency Mr. Gary A. Atwood - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2007 Mr. Aaron T. Isaacs, Jr. - Klawock Appointed: 1/18/2002 Reappointed: 3/9/2005 Term Expires: 3/1/2008 Ms. Colleen E. Scanlon - Ketchikan Appointed: 4/28/2003 Reappointed: 3/9/2005 Term Expires: 3/1/2008 Board of Marine Pilots Mr. Dale Collins - Ketchikan Appointed: 4/18/2005 Term Expires: 3/1/2009 Board of Marital and Family Therapy Mrs. Kerry L. Rasmussen - Ward Cove Appointed: 8/3/2004 Term Expires: 3/1/2008 Ms. Martha Swink - Anchorage Appointed: 8/3/2004 Term Expires: 3/1/2006 Alaska Mental Health Trust Authority Board of Trustees Ms. Margaret Lowe - Anchorage Appointed: 4/13/2005 Term Expires: 3/1/2010 2005-05-05 House Journal Page 1600 Board of Nursing Ms. Terri S. Olson - Anchorage Appointed: 3/9/2005 Term Expires: 3/1/2009 Alaska Oil and Gas Conservation Commission Ms. Cathy P. Foerster - Anchorage Appointed: 3/23/2005 Term Expires: 3/1/2007 Mr. Daniel Seamount - Anchorage Appointed: 1/13/2000 Reappointed: 1/11/2005 Term Expires: 3/1/2011 There being no objection, the appointments were confirmed. Senator Gary Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Pharmacy Ms. Mary Mundell - Homer Appointed: 4/14/2005 Term Expires: 3/1/2009 Ms. Leona Oberts - Soldotna Appointed: 4/14/2005 Term Expires: 3/1/2009 State Physical Therapy and Occupational Therapy Board Ms. JoAnne Boehme - Juneau Appointed: 4/14/2005 Term Expires: 3/1/2006 Mr. Gary Burleson - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2008 Mr. Alec Kay - Anchorage Appointed: 4/14/2005 Term Expires: 3/1/2008 Mr. Jay McDiarmid - Fairbanks Appointed: 4/14/2005 Term Expires: 3/1/2009 Board of Professional Counselors Mr. James (Randy) Morton - Nome Appointed: 4/14/2005 Term Expires: 3/1/2008 2005-05-05 House Journal Page 1601 Ms. Tashawna Olson - Homer Appointed: 4/14/2005 Term Expires: 3/1/2009 Dr. Kerry Turnbow - Fairbanks Appointed: 4/14/2005 Term Expires: 3/1/2009 Professional Teaching Practices Commission Ms. Bonnie C. Gaborik - North Pole Appointed: 3/9/2005 Term Expires: 3/1/2006 Ms. Karen Macklin - Sitka Appointed: 8/3/2004 Term Expires: 3/1/2008 Board of Psychologist and Psychological Associate Examiners Ms. Camille O. Carlson - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2008 Ms. Destiny Sargeant - Juneau Appointed: 3/9/2005 Term Expires: 3/1/2008 Senator Guess objected to the appointment of Gary Burleson to the State Physical Therapy and Occupational Therapy Board, declared a conflict of interest, and withdrew the objection. There being no further objection, the appointments were confirmed. Senator Gary Stevens moved and asked unanimous consent that the following appointments be confirmed: Real Estate Commission Mr. Gene DuVal - Fairbanks Appointed: 4/13/2005 Term Expires: 3/1/2009 Mr. Roger Stone - Ketchikan Appointed: 4/13/2005 Term Expires: 3/1/2009 University of Alaska Board of Regents Mr. Tim Brady - Anchorage Appointed: 5/4/2005 Term Expires: 2/1/2007 2005-05-05 House Journal Page 1602 Mr. Jacob Gondek - Anchorage Appointed: 4/13/2005 Term Expires: 5/31/2007 Mr. Carl H. Marrs - Anchorage Appointed: 1/13/2005 Term Expires: 2/1/2013 Mr. Robert Martin - Juneau Appointed: 1/13/2005 Term Expires: 2/1/2013 Regulatory Commission of Alaska (RCA) Mr. Anthony A. Price - Anchorage Appointed: 7/1/2004 Term Expires: 7/1/2010 Board of Veterinary Examiners Mr. Alfred Agree - Trapper Creek Appointed: 3/23/2005 Term Expires: 3/1/2008 Dr. Timothy L. Bowser, D.V.M. - Soldotna Appointed: 2/19/2003 Reappointed: 3/23/2005 Term Expires: 3/1/2008 Dr. Cynthia Ann Trout, D.V.M. - Anchorage Appointed: 3/23/2005 Term Expires: 3/1/2008 Violent Crimes Compensation Board Mr. LeRoy J. Barker, Esq. - Anchorage Appointed: 2/19/2003 Reappointed: 3/23/2005 Term Expires: 3/1/2008 There being no objection, the appointments were confirmed. Senator Gary Stevens moved that Carl M. Morgan, Jr. be confirmed to the Board of Game. The question being: "Shall Carl M. Morgan, Jr. be confirmed to the Board of Game?" The roll of the Senate was called with the following result: 2005-05-05 House Journal Page 1603 Board of Game Confirm - Morgan SENATE YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Gary Stevens, Davis, Ellis, Elton, Ben Stevens Nays: Seekins, Stedman, Therriault, Wagoner, Wilken, Cowdery, Dyson Excused: Bunde The roll of the House was taken with the following result: Board of Game Confirm - Morgan HOUSE YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Holm, Kelly, Ramras TOTAL: YEAS: 49 NAYS: 10 EXCUSED: 1 ABSENT: 0 And so, Carl M. Morgan was confirmed to the Board of Game. Senator Gary Stevens moved that Ms. Barbara J. (Tamie) Miller be confirmed to the State Commission for Human Rights. The question being: "Shall Barbara J. (Tamie) Miller be confirmed to the State Commission for Human Rights?" The roll of the House was taken with the following result: State Commission for Human Rights Confirm - Miller HOUSE YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 2005-05-05 House Journal Page 1604 Yeas: Anderson, Chenault, Cissna, Coghill, Dahlstrom, Elkins, Foster, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Wilson Nays: Berkowitz, Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Kerttula, Salmon, Thomas The roll of the Senate was called with the following result: State Commission for Human Rights Confirm - Miller SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken, Cowdery, Davis, Dyson, Ellis, Elton, French, Ben Stevens Excused: Bunde TOTAL: YEAS: 49 NAYS: 10 EXCUSED: 1 ABSENT: 0 And so, Barbara J. (Tamie) Miller was confirmed to the State Commission for Human Rights. Senator Gary Stevens moved and asked unanimous consent that the joint session adjourn. There being no objection, President Ben Stevens adjourned the joint session at 11:47 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:48 a.m. The Speaker stated that, without objection, the House would recess to 3:00 p.m.; and so, the House recessed at 11:56 a.m. 2005-05-05 House Journal Page 1605 AFTER RECESS The Speaker called the House back to order at 3:46 p.m. Representative Coghill moved and asked unanimous consent that Representatives Kerttula and Thomas be excused to 4:30 p.m., today. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would revert to: INTRODUCTION, FIRST READING, AND REFERENCE OF SENATE RESOLUTIONS SCR 15 The Speaker removed the Resources Committee referral for the following: SENATE CONCURRENT RESOLUTION NO. 15 Authorizing the Legislative Budget and Audit Committee to pursue and direct litigation relating to state natural gas transportation. SCR 15 was taken up next as a Special Order of Business. SPECIAL ORDER OF BUSINESS SCR 15 Representative Coghill moved and asked unanimous consent that SCR 15 be taken up as a Special Order of Business. There being no objection, it was so ordered. The question being: "Shall SCR 15 pass the House?" The roll was taken with the following result: SCR 15 Special Order of Business YEAS: 31 NAYS: 0 EXCUSED: 2 ABSENT: 7 2005-05-05 House Journal Page 1606 Yeas: Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Weyhrauch, Wilson Excused: Kerttula, Thomas Absent: Anderson, Cissna, Gatto, Kott, McGuire, Moses, Stoltze And so, SCR 15 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated May 5, 2005, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 102 CS FOR SENATE BILL NO. 102(FIN) am by the Senate Finance Committee, entitled: "An Act repealing the Alaska coastal management program; relating to an extension for review and approval of revisions to the Alaska coastal management program; relating to reviews and modifications by the Department of Natural Resources; relating to coastal resource district policies; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. REPORTS OF STANDING COMMITTEES HCR 12 The Finance Committee has considered: 2005-05-05 House Journal Page 1607 HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the Joint Rural Assessment Task Force. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 12(FIN) Relating to the Advisory Commission on Local Government. The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (5): Hawker, Stoltze, Joule, Foster, Meyer No recommendation (4): Holm, Croft, Kelly, Weyhrauch The following fiscal note(s) apply to CSHCR 12(FIN): 2. Zero, Legislative Agency HCR 12 was referred to the Rules Committee for placement on the calendar. HB 106 The Finance Committee has considered: HOUSE BILL NO. 106 "An Act establishing the senior care program and relating to that program; creating a fund for the provision of the senior care program; repealing ch. 3, SLA 2004; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 106(FIN) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: 2005-05-05 House Journal Page 1608 Do pass (1): Foster No recommendation (6): Hawker, Stoltze, Joule, Kelly, Meyer, Chenault The following fiscal note(s) apply to CSHB 106(FIN): 5. Fiscal, Dept. of Health & Social Services 6. Fiscal, Dept. of Health & Social Services 7. Fiscal, Dept. of Health & Social Services 8. Fiscal, Dept. of Health & Social Services HB 106 was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 107 The following was read the second time: HOUSE BILL NO. 107 "An Act providing for the award of full actual attorney fees and costs to a person aggrieved by unlawful obstruction or hindrance of hunting, fishing, or viewing of fish or game; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and amending Rule 508, Alaska Rules of Appellate Procedure." with the: Journal Page RES RPT CS(RES) NT 3DP 1DNP 4NR 349 FN1: ZERO(DFG) 350 FN2: INDETERMINATE(LAW) 350 JUD RPT CS(JUD) NT 3DP 3NR 539 FN1: ZERO(DFG) 540 FN3: ZERO(LAW) 540 FIN RPT CS(FIN) NT 2DP 6NR 614 FN1: ZERO(DFG) 615 FN3: ZERO(LAW) 615 2005-05-05 House Journal Page 1609 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. 107(FIN) "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or viewing of fish or game; and amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 107(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 107(FIN) will advance to third reading on tomorrow's calendar. HB 283 The following was read the second time: HOUSE BILL NO. 283 "An Act relating to the compensation for board members of the Alaska Housing Finance Corporation; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 2DP 5NR 1459 FN1: (REV) 1460 FIN RPT CS(STA) 4DP 3NR 1539 FN2: (REV) 1540 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. 283(STA) (same title) 2005-05-05 House Journal Page 1610 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 283(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 283(STA) was read the third time. The question being: "Shall CSHB 283(STA) pass the House?" The roll was taken with the following result: CSHB 283(STA) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Weyhrauch, Wilson Excused: Kerttula, Thomas And so, CSHB 283(STA) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 283(STA) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 36 The following was read the second time: CS FOR SENATE BILL NO. 36(JUD) "An Act relating to absentee ballots." 2005-05-05 House Journal Page 1611 with the: Journal Page STA RPT HCS(STA) 5DP 2NR 666 FN1: ZERO(GOV) 666 JUD RPT HCS(JUD) 4DP 1NR 1AM 1369 FN1: ZERO(GOV) 1369 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Coghill and Guttenberg: Page 1, line 11, following "application.": Insert "A person may supply to a voter an absentee ballot application form with a political party or group affiliation indicated only if the voter is already registered as affiliated with the political party or group indicated. Only the voter or the individual designated by the voter in a written power of attorney under this subsection may mark the voter's choice of primary ballot on an application. A person supplying an absentee ballot application form may not design or mark the application in a manner that suggests choice of one ballot over another, except that ballot choices may be listed on an application as authorized by the division." Page 3, following line 2: Insert a new bill section to read: "* Sec. 4. AS 15.25.060 is amended by adding a new subsection to read: (c) If a voter is not voting in person and has requested an absentee ballot or special needs ballot but has not indicated a choice of ballot, the director shall provide the voter with the ballot listing the candidates of the political party or group with which the voter is affiliated, as determined under (b) of this section. If the voter did not indicate affiliation with a political party or group 2005-05-05 House Journal Page 1612 when registering to vote, the director shall provide the voter with the ballot offering the greatest range of candidates from different political parties and groups." Renumber the following bill sections accordingly. Representative Coghill moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Stoltze objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Coghill moved and asked unanimous consent that HCS CSSB 36(JUD) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 36(JUD) am H will advance to third reading on tomorrow's calendar. HOUSE BILLS IN THIRD READING HB 275 The following, which was held in third reading under reconsideration from the May 4, 2005, calendar (page 1539), was again before the House: CS FOR HOUSE BILL NO. 275(FIN) am "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 Meyer moved and asked unanimous consent that CSHB 275(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 6. There being no objection, it was so ordered. 2005-05-05 House Journal Page 1613 Amendment No. 6 was offered by Representative Meyer: Page 1, line 6, through the end of the bill: Delete all material. 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: TRANSPORTATION PROJECT ALLOCATION. The Department of Transportation and Public Facilities shall allocate the net proceeds derived from the sale of revenue obligations authorized in sec. 4 of this Act for construction or acquisition of the following state transportation projects among those projects as follows, subject to reallocation among the projects under AS 37.07.080(e): PROJECT ALLOCATION (1) Anchorage: Glenn Highway congestion $ 37,500,000 (2) Anchorage: Lake Otis and Tudor 4,300,000 intersection improvements (3) Anchorage: Raspberry Road extension 2,400,000 (4) Fairbanks: Gaffney Road upgrade 6,250,000 (5) Fairbanks: Cartwright Road extension 3,650,000 (6) Kenai Peninsula Borough: Kalifornsky 10,000,000 Beach Road rehabilitation (7) Matanuska-Susitna Borough: Palmer-Wasilla 6,000,000 Highway expansion (8) Richardson Highway passing lane additions 5,000,000 mileposts 265 - 341 (9) Prince of Wales: Hollis to Klawock pavement 5,000,000 (10) Sitka: Rocky Gutierrez Airport access 3,500,000 improvements (11) Kodiak: Rezanof Drive rehabilitation and 4,300,000 intersection safety improvements (12) Nome: city streets, phase 2 5,000,000 (13) Glacier Highway: road extension 5,000,000 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read: DELEGATION OF AUTHORITY FOR LEASE-FINANCING AGREEMENTS. The Department of Transportation and Public Facilities is delegated the Department of Administration's authority under AS 36.30.085 to enter into lease-financing agreements in connection with the issuance of revenue obligations to finance the 2005-05-05 House Journal Page 1614 state transportation projects described in sec. 1 of this Act. * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: LEASE-FINANCING PAYMENTS. (a) The lease payments owed under lease-financing agreements executed under sec. 2 of this Act are subject to annual appropriation by the legislature. (b) The legislature intends that federal money in the form of apportionments from the Federal Highway Administration for federal highway grants will provide revenue that may be appropriated for the lease payments; however, if that revenue source is insufficient, the payments may be appropriated from any other valid revenue source. * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to read: NOTICE OF THE ENTRY INTO AND FINANCING OF REVENUE OBLIGATIONS. (a) Subject to annual appropriation, the Department of Transportation and Public Facilities is authorized to enter into lease-financing agreements for the issuance of revenue obligations for the state transportation projects described in sec. 1 of this Act. (b) The state bond committee is authorized to provide for the issuance of revenue obligations in one or more series in the aggregate principal amount of $99,400,000 for the costs of construction of the projects described in sec. 1 of this Act. The principal amount includes the estimated cost of $97,900,000 for constructing, acquiring, and equipping the projects described in sec. 1 of this Act; and an amount for the cost of issuing the revenue obligations of $1,500,000. The estimated annual amount of rental obligations under the lease- financing agreements is $8,561,000. The estimated total lease payments for the full term of the lease-financing agreements is $136,976,000. (c) The average annual debt service on revenue obligations to be issued under this Act may not exceed 25 percent of the most recent annual obligation authority received by the State of Alaska from the Federal Highway Administration for the state's federal highway program. As further protection for the holders of the revenue obligations, the resolution of the state bond committee authorizing the issuance of the revenue obligations authorized under this Act shall include the same percentage limitation on the average annual debt service for all outstanding revenue obligations payable from the State of Alaska's federal highway program. 2005-05-05 House Journal Page 1615 (d) The state bond committee may contract for credit enhancement, underwriting, credit ratings, bond counsel, financial advisor, printing, and trustee services that the committee considers necessary in financing the projects described in sec. 1 of this Act. (e) There is created the 2005 state transportation project fund. The proceeds of the revenue obligations issued under this Act shall be deposited into the 2005 state transportation project fund. (f) In this section, (1) "costs of construction" includes credit enhancement and underwriting expenses, rating agency fees, bond counsel fees, financial advisor fees, printing fees, trustee fees, and interest earnings used for lease payments; (2) "revenue obligation" means a certificate of participation in the right to receive a payment under a lease-financing agreement made to finance the costs of construction or acquisition of a state transportation project. * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to read: NOTICE AND APPROVAL OF AGREEMENTS. Section 4 of this Act constitutes the notice and approval of lease-financing agreements to finance the transportation projects described in sec. 1 of this Act that is required by AS 36.30.085. * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to read: STATE TRANSPORTATION PROJECTS IN METROPOLITAN PLANNING AREAS. If an amount allocated in sec. 1 of this Act for a state transportation project in a metropolitan planning area is not sufficient to complete the project, it is the intent of the legislature that the metropolitan planning organization for the metropolitan planning area include the project in the organization's transportation improvement program and fund the project to completion. * Sec. 7. This Act takes effect July 1, 2005." Representative Meyer moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSHB 275(FIN) am pass the House?" The roll was taken with the following result: 2005-05-05 House Journal Page 1616 CSHB 275(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 4 EXCUSED: 2 ABSENT: 3 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Rokeberg, Salmon, Samuels, Seaton, Wilson Nays: Holm, Olson, Ramras, Stoltze Excused: Kerttula, Thomas Absent: Kelly, McGuire, Weyhrauch And so, CSHB 275(FIN) am passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 275(FIN) am was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 67 The following, which was advanced to third reading from the May 4, 2005, calendar (page 1559), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) "An Act relating to claims for personal injury or wrongful death against health care providers." Representative Weyhrauch moved and asked unanimous consent that HCS CSSB 67(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 2005-05-05 House Journal Page 1617 The Speaker stated that, without objection, HCS CSSB 67(FIN) would be returned to second reading for all amendments. Amendment No. 1 was offered by Representatives Dahlstrom, LeDoux, Gara, Kott, and Weyhrauch: Page 2, line 5: Delete "Except as provided in (e) of this section, the" Insert "The" Page 2, line 9, following "injury": Insert ", unless the damages are awarded for severe permanent physical impairment or severe disfigurement, in which case the damages may not exceed $1,000,000" Page 2, lines 10 - 16: Delete all material. Reletter the following subsections accordingly. Representative Weyhrauch moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. **The presence of Representatives Kerttula and Thomas, who were excused (page 1605), was noted. Representative Coghill rose to a point of order. The Speaker cautioned members to confine remarks to the amendment. Representative Kelly placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2005-05-05 House Journal Page 1618 HCS CSSB 67(FIN) Second Reading Amendment No. 1 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, Moses, Salmon, Seaton, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives LeDoux and Weyhrauch: Page 3, line 3: Delete "initially filed" Insert "that initially accrue" Representative LeDoux moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) Second Reading Amendment No. 2 YEAS: 21 NAYS: 17 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, Seaton, Weyhrauch, Wilson 2005-05-05 House Journal Page 1619 Nays: Anderson, Chenault, Coghill, Elkins, Foster, Hawker, Holm, Kelly, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Samuels, Stoltze, Thomas Absent: Ramras, Salmon And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representatives Gara, LeDoux, Dahlstrom, and Kott: Page 2, following line 16: Insert a new subsection to read: "(f) The limitation on noneconomic damages in this section does not apply if the damages resulted from an act or omission that constitutes gross negligence or reckless or intentional misconduct." Reletter the following subsection accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kelly objected. Representative Weyhrauch placed a call of the House on the bill. The Speaker stated the call was satisfied. Representative McGuire moved and asked unanimous consent that she be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative McGuire was required to vote. Amendment No. 1 to Amendment No. 3 was offered by Representative McGuire: Following "that": Delete all material and insert: "rises to the level of conduct that constitutes punitive damages under AS 09.17.020." 2005-05-05 House Journal Page 1620 Representative McGuire moved and asked unanimous consent that Amendment No. 1 to Amendment No. 3 be adopted. Representative Berkowitz objected. Representative McGuire moved and asked unanimous consent to withdraw Amendment No. 1 to Amendment No. 3. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 3 was offered by Representative McGuire: Following "constitutes": Delete "gross negligence or" Representative McGuire moved and asked unanimous consent that Amendment No. 2 to Amendment No. 3 be adopted. There was objection. The question being: "Shall Amendment No. 2 to Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Second Reading Amendment No. 2 to Amendment No. 3 YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 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, Weyhrauch, Wilson And so, Amendment No. 2 to Amendment No. 3 was adopted. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: 2005-05-05 House Journal Page 1621 HCS CSSB 67(FIN) am H Second Reading Amendment No. 3 as amended YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 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, Weyhrauch, Wilson And so, Amendment No. 3 as amended was adopted. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Dahlstrom: Page 2, line 5: Delete "Except as provided in (e) of this section, the" Insert "The" Page 2, line 9, following "injury": Insert ", unless the damages are awarded for severe permanent physical impairment or severe disfigurement, in which case the damages may not exceed $750,000" Page 2, lines 10 - 16: Delete all material. Reletter the following subsections accordingly. Representative Dahlstrom moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: 2005-05-05 House Journal Page 1622 HCS CSSB 67(FIN) am H Second Reading Amendment No. 5 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Berkowitz: Page 1, lines 4 - 7: Delete all material. Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Second Reading Amendment No. 6 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kohring, LeDoux, Salmon 2005-05-05 House Journal Page 1623 Nays: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Holm, Kelly, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representatives Berkowitz, Weyhrauch, Gara, and Kott: Page 2, line 15, following "impairment", through line 16: Delete all material and insert: "or disfigurement." Representative Berkowitz moved and asked unanimous consent that Amendment No. 7 be adopted. Representative McGuire objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Second Reading Amendment No. 7 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson And so, Amendment No. 7 was not adopted. HCS CSSB 67(FIN) am H was automatically in third reading. 2005-05-05 House Journal Page 1624 Representative Olson moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Olson was required to vote. The question being: "Shall HCS CSSB 67(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 67(FIN) am H Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch And so, HCS CSSB 67(FIN) am H passed the House. Representative Gatto gave notice of reconsideration of the vote on HCS CSSB 67(FIN) am H. SB 141 The following, which was advanced to third reading from the May 4, 2005, calendar (page 1531), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H "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 2005-05-05 House Journal Page 1625 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." The Speaker stated that, without objection, the House would recess to 7:45 p.m.; and so, the House recessed at 7:17 p.m. AFTER RECESS The Speaker called the House back to order at 8:01 p.m. THIRD READING OF SENATE BILLS (continued) SB 141 HCS CSSB 141(FIN) am H was before the House in third reading. Representative Kelly placed a call of the House and lifted the call. Representative Kelly placed a call of the House. The call was satisfied. The question being: "Shall HCS CSSB 141(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Third Reading Final Passage YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Chenault, Coghill, Foster, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Samuels, Seaton, Stoltze, Thomas, Wilson 2005-05-05 House Journal Page 1626 Nays: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Rokeberg, Salmon, Weyhrauch Elkins changed from "Yea" to "Nay". And so, HCS CSSB 141(FIN) am H failed to pass the House. Representative Kelly gave notice of reconsideration of the vote on HCS CSSB 141(FIN) am H(fld H). SECOND READING OF HOUSE RESOLUTIONS HJR 17 The following was read the second time: HOUSE JOINT RESOLUTION NO. 17 Opposing the Federal Lands Recreation Enhancement Act. with the: Journal Page RES RPT CS(RES) 2DP 1DNP 5NR 1455 FN1: ZERO(LEG) 1456 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 17(RES) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHJR 17(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2005-05-05 House Journal Page 1627 CSHJR 17(RES) was read the third time. The question being: "Shall CSHJR 17(RES) pass the House?" The roll was taken with the following result: CSHJR 17(RES) Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Cissna, Guttenberg, Kerttula, Neuman, Seaton Absent: Berkowitz, Joule And so, CSHJR 17(RES) passed the House. Representative Gruenberg gave notice of reconsideration of the vote on CSHJR 17(RES). HCR 16 The Speaker stated that, without objection, the following would be held to tomorrow's calendar: HOUSE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 141, 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 2005-05-05 House Journal Page 1628 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. SECOND READING OF SENATE RESOLUTIONS SJR 11 The following was read the second time: SENATE JOINT RESOLUTION NO. 11 Urging the United States Congress to amend the tax code to repeal the federal excise tax on communications. with the: Journal Page FIN RPT 4DP 2NR 1431 FN1: ZERO(REV) 1432 Representative Coghill moved and asked unanimous consent that SJR 11 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SJR 11 was read the third time. The question being: "Shall SJR 11 pass the House?" The roll was taken with the following result: SJR 11 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2005-05-05 House Journal Page 1629 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, Weyhrauch, Wilson And so, SJR 11 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. RECONSIDERATION HB 272 The Speaker stated that, without objection, reconsideration (page 1556) of the following be held one legislative day: CS FOR HOUSE BILL NO. 272(FIN) am "An Act relating to card rooms and card operations, and permitting issuance of a license to own a card room and conduct card games in a municipality of the state if the municipality has adopted an ordinance, ratified by a majority of the municipal voters voting on the question, authorizing card rooms and card games in that municipality." SECOND READING OF SENATE RESOLUTIONS (continued) SJR 16 The following was read the second time: SENATE JOINT RESOLUTION NO. 16 Supporting legislation before the United States Congress that reaffirms the right of the states to regulate hunting and fishing. with the: Journal Page RES RPT 5DP 2NR 1432 FN1: ZERO(LEG) 1432 2005-05-05 House Journal Page 1630 Representative Coghill moved and asked unanimous consent that SJR 16 be considered engrossed, advanced to third reading, and placed on final passage. There was objection. SJR 16 will advance to third reading on tomorrow's calendar. LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Kenai Kardinals Varsity Football Team, 2004 State Championship By Senator Wagoner; Representatives Olson, Chenault, Harris, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Johanna Dandoy 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 - Officer Timothy Lott By Representatives Stoltze, McGuire, Kohring, Dahlstrom, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senator Ben Stevens 2005-05-05 House Journal Page 1631 In Memoriam - Ryan Brendan Elisoff 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 - Margaret Vivian Kurtz By Representatives Cissna, Harris, Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson UNFINISHED BUSINESS HB 176 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 176 "An Act exempting the state and its political subdivisions from daylight saving time." HB 176 was removed from the Rules Committee and referred to the Finance Committee. CONCUR IN SENATE AMENDMENTS HB 156 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1500) on the following: CS FOR HOUSE BILL NO. 156(RLS) am "An Act relating to the membership and duties of and quorum requirements for the Alaska Commission on Aging; and providing for an effective date." 2005-05-05 House Journal Page 1632 and SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 156(RLS) am, thus adopting SCS CSHB 156(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 156(RLS) am?" The roll was taken with the following result: SCS CSHB 156(FIN) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 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, Weyhrauch, Wilson And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 156(FIN). 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. The Chief Clerk notified the Senate. SCS CSHB 156(FIN) was referred to the Chief Clerk for enrollment. HB 76 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1499) on the following: 2005-05-05 House Journal Page 1633 CS FOR HOUSE BILL NO. 76(FIN) am "An Act relating to the Big Game Commercial Services Board and to the regulation of big game hunting services and transportation services; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 76(FIN) am, thus adopting SCS CSHB 76(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 76(FIN) am?" The roll was taken with the following result: SCS CSHB 76(FIN) Concur YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, 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, Thomas, Weyhrauch, Wilson Nays: Dahlstrom, Stoltze And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 76(FIN). 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. 2005-05-05 House Journal Page 1634 The Chief Clerk notified the Senate. SCS CSHB 76(FIN) was referred to the Chief Clerk for enrollment. HB 210 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1574) on the following: CS FOR HOUSE BILL NO. 210(JUD) "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." and SENATE CS FOR CS FOR HOUSE BILL NO. 210(JUD) am S (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 210(JUD), thus adopting SCS CSHB 210(JUD) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 210(JUD)?" The roll was taken with the following result: SCS CSHB 210(JUD) am S Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 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, Weyhrauch, Wilson 2005-05-05 House Journal Page 1635 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 210(JUD) am S. The Chief Clerk notified the Senate. SCS CSHB 210(JUD) am S was referred to the Chief Clerk for enrollment. RECONSIDERATION HB 161 Representative McGuire brought up reconsideration of the vote on CSHB 161(STA) (page 1513). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 161(STA) "An Act relating to reemployment of and benefits for or on behalf of retired teachers and public employees and to teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA 2001; providing for an effective date by amending the delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and repealing sec. 13, ch. 58, SLA 2001, which is the delayed effective date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an effective date." Representative LeDoux moved and asked unanimous consent that CSHB 161(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative LeDoux: Page 6, line 6: Delete "November 3" Insert "November 6" 2005-05-05 House Journal Page 1636 Page 6, line 15: Delete "November 3" Insert "November 6" Page 6, line 30: Delete "November 3" Insert "November 6" Page 7, line 10: Delete "November 3" Insert "November 6" Representative LeDoux moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative McGuire moved and asked unanimous consent that CSHB 161(STA) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative McGuire: Page 2, line 10: Delete "2008" Insert "2007" Page 2, line 15: Delete "a new subsection" Insert "new subsections" Page 2, following line 22: Insert a new subsection to read: "(f) After June 30, 2005, this section applies only to school districts in cities, boroughs, or regional educational attendance areas that have populations of fewer than 15,000 persons." 2005-05-05 House Journal Page 1637 Page 4, line 12: Delete "(g)" Insert "(g)(1)" Page 4, line 17, through Page 5, line 7: Delete all material and insert: "(g) In accordance with this section, (1) a political subdivision or a public organization that has or anticipates having a shortage of employees qualified for particular job classes may, by resolution, adopt a policy that permits the employment of employees who retired under AS 39.35.370(a), who have been separated from employment for at least 180 days, and who are qualified for particular job classes; the policy adopted by resolution must describe the circumstances that constitute the shortage; if a shortage of qualified employees exists as described in the policy, the political subdivision or the public organization shall notify the administrator that it is hiring retired members under (f) of this section and shall provide a copy of the resolution and policy adopted by the resolution to the administrator of the public employees' retirement system (AS 39.35); (2) a state agency or other public employer that is not a political subdivision or a public organization that has or anticipates having a shortage of employees qualified for particular job classes may adopt a policy that permits the employment of employees who retired under AS 39.35.370(a), who have been separated from employment for at least 180 days, and who are qualified for particular job classes; the policy must describe the circumstances that constitute the shortage; if a shortage of qualified employees exists as described in the policy, the agency or employer shall notify the administrator that it is hiring retired members under (f) of this section and shall provide a copy of the policy to the administrator of the public employees' retirement system (AS 39.35) together with documentation of the shortage of employees qualified for particular job classes; for purposes of this paragraph, documentation of shortage may include, but is not limited to, evidence of the employer's usual recruitment effort if that recruitment effort attracts fewer than three qualified, eligible, and available applicants. 2005-05-05 House Journal Page 1638 (h) After June 30, 2005, this section applies only to allow the employment of (1) biologists by the state Department of Fish and Game; (2) nurses in areas of the state determined by the Board of Nursing to have a current shortage of nurses; and (3) law enforcement personnel by political subdivisions having populations of fewer than 15,000 persons and by the executive branch of state government only if the law enforcement personnel are assigned to serve in municipalities with populations of fewer than 15,000 persons." Page 5, line 19: Delete "2008" Insert "2007" Page 5, line 23: Delete "2009" Insert "2008" Page 5, line 31: Delete "2008" Insert "2007" Page 6, line 8: Delete "December 31, 2006" Insert "December 31, 2005" Page 6, line 9: Delete "January 1, 2007" Insert "January 1, 2006" Page 6, line 13: Delete "January 1, 2007" Insert "January 1, 2006" Page 6, line 31: Delete "December 31, 2006" Insert "December 31, 2005" 2005-05-05 House Journal Page 1639 Page 7, line 1: Delete "January 1, 2007" Insert "January 1, 2006" Page 7, lines 7 - 8: Delete "AS 39.35.150(f), (g), and (h)" Insert "AS 39.35.150(f) and (g)" Page 7, line 8: Delete "January 1, 2007" Insert "January 1, 2006" Page 7, line 18: Delete "AS 39.35.150(f), (g), and (h)" Insert "AS 39.35.150(f) and (g)" Delete "January 1, 2007" Insert "January 1, 2006" Page 7, line 27: Delete "2008" Insert "2007" Page 7, line 29: Delete "2008" Insert "2007" Representative McGuire moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Elkins objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 161(STA) am--RECONSIDERATION Second Reading Amendment No. 2 YEAS: 10 NAYS: 27 EXCUSED: 0 ABSENT: 3 2005-05-05 House Journal Page 1640 Yeas: Anderson, Coghill, Gardner, Kohring, Kott, LeDoux, McGuire, Neuman, Rokeberg, Wilson Nays: Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kerttula, Lynn, Meyer, Moses, Olson, Ramras, Salmon, Samuels, Seaton, Thomas, Weyhrauch Absent: Hawker, Kelly, Stoltze Wilson changed from "Nay" to "Yea". And so, Amendment No. 2 was not adopted. Representative McGuire moved and asked unanimous consent that CSHB 161(STA) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative McGuire: Page 5, line 2: Delete "five" Insert "three" Page 5, line 5: Delete "five" Insert "three" Representative McGuire moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Elkins objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 161(STA) am--RECONSIDERATION Second Reading Amendment No. 3 YEAS: 12 NAYS: 25 EXCUSED: 0 ABSENT: 3 2005-05-05 House Journal Page 1641 Yeas: Anderson, Coghill, Gardner, Harris, Holm, Kohring, Kott, LeDoux, McGuire, Neuman, Rokeberg, Thomas Nays: Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Lynn, Meyer, Moses, Olson, Ramras, Salmon, Samuels, Seaton, Weyhrauch, Wilson Absent: Hawker, Kelly, Stoltze And so, Amendment No. 3 was not adopted. The question to be reconsidered: "Shall CSHB 161(STA) am pass the House?" The roll was taken with the following result: CSHB 161(STA) am--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 7 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Croft, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Nays: Anderson, Crawford, Dahlstrom, Guttenberg, LeDoux, McGuire, Rokeberg Absent: Hawker, Kelly, Stoltze And so, CSHB 161(STA) am passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 161(STA) am was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 297 The House Special Committee on Oil & Gas submitted the following forthcoming committee substitute to accompany their report (page 1544): 2005-05-05 House Journal Page 1642 CS FOR HOUSE BILL NO. 297(O&G) "An Act extending and amending the requirements applicable to the credit that may be claimed for certain oil and gas exploration expenses incurred in Cook Inlet against oil and gas properties production (severance) taxes, and amending the credit against those taxes for certain exploration expenditures from leases or properties in the state; and providing for an effective date." SB 130 The Labor & Commerce Committee submitted the following forthcoming committee substitute to accompany their report (page 1540): HOUSE CS FOR CS FOR SENATE BILL NO. 130(L&C) "An Act relating to workers' compensation and to assigned risk pools; relating to the Alaska Insurance Guaranty Association; establishing the Task Force on Workers' Compensation; amending Rule 45, Alaska Rules of Civil Procedure; and providing for an effective date." (pending title change resolution) SB 155 The Finance Committee submitted the following forthcoming committee substitute to accompany their report (page 1542): HOUSE CS FOR CS FOR SENATE BILL NO. 155(FIN) "An Act making appropriations for construction of an integrated science complex at the University of Alaska in Anchorage, for replacement of the virology laboratory in Fairbanks, for expansion of the Anchorage Museum of History and Art, for the major maintenance grant fund, and for other capital projects related to education; and providing for an effective date." (pending title change resolution) HB 107 Representative Kelly added his name as cosponsor to: 2005-05-05 House Journal Page 1643 CS FOR HOUSE BILL NO. 107(FIN) "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or viewing of fish or game; and amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." HB 184 Representatives Guttenberg and Kohring added their names as cosponsors to: SENATE CS FOR HOUSE BILL NO. 184(JUD) "An Act relating to firearms." SJR 11 Representative Samuels added his name as cross sponsor to: SENATE JOINT RESOLUTION NO. 11 Urging the United States Congress to amend the tax code to repeal the federal excise tax on communications. SJR 15 Representative Neuman added his name as cross sponsor to: SENATE JOINT RESOLUTION NO. 15 Requesting the United States Congress to end the abuse of tort laws against the firearms industry. SB 22 Representative Kerttula added her name as cross sponsor to: CS FOR SENATE BILL NO. 22(FIN) "An Act adding birthing centers to the list of health facilities eligible for payment of medical assistance for needy persons." ENGROSSMENT HB 161 CSHB 161(STA) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2005-05-05 House Journal Page 1644 HB 275 CSHB 275(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 283 CSHB 283(STA) 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 6, 2005. There being no objection, the House adjourned at 10:08 p.m. Suzi Lowell Chief Clerk