Legislature(2005 - 2006)
2005-05-07 House Journal
Full Journal pdf2005-05-07 House Journal Page 1697 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Saturday May 7, 2005 One Hundred Eighteenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:53 a.m. Roll call showed 28 members present. Representatives Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Kapsner, Kerttula, Kott, Rokeberg, and Wilson were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representative Weyhrauch be excused to 11:30 a.m., today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, the Reverend George Silides of Holy Trinity Episcopal Church. Representative McGuire moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With deep respect for the religious traditions of all Alaskans, I offer this prayer. God of life, we thank You for ours. God of life, we thank You for all the other lives which have shaped ours. We thank You for their wisdom, their love, their examples of leadership we now try to follow. We thank You for our elders, for our grandparents, for our teachers - for those in our own families of blood and heritage and for those of the larger human family. Help us now in this time to bring to mind their faces, their words, their teachings by example so that our time of decision 2005-05-07 House Journal Page 1698 may be influenced by the best gifts of these men and women who were and remain such a gift to us. We give thanks for the models who still inspire us, those who rise up daily from the turmoil and trials of this world to speak a word of hope, of dignity, of grace, of compassion, of humanity. Help us to join them who call out the best in us and to deny those who invite us to anything less. Blessing, peace, grace, and joy be upon this house and its every member. Amen. The Pledge of Allegiance was led by Representative Lynn. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 116th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated May 6, 2005, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 24 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 24(FIN) am by the Senate Finance Committee, entitled: "An Act relating to reemployment of and benefits for 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 2005-05-07 House Journal Page 1699 effective date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. **The presence of Representative Kapsner was noted. SB 86 CS FOR SENATE BILL NO. 86(CRA)(efd fld) by the Senate Community and Regional Affairs Committee, entitled: "An Act relating to the liability of the state and municipalities for attorney fees in certain civil actions and appeals." was read the first time and referred to the State Affairs and Judiciary Committees. **The presence of Representatives Kerttula, Rokeberg, and Gruenberg was noted. REPORTS OF STANDING COMMITTEES HB 208 The Finance Committee has considered: HOUSE BILL NO. 208 "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain an Alaskan veterans' cemetery; and establishing the Alaska veterans' cemetery fund in the general fund." and recommends it be replaced with: CS FOR HOUSE BILL NO. 208(FIN) "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain Alaskan veterans' cemeteries; and establishing the Alaska veterans' cemetery fund in the general fund." 2005-05-07 House Journal Page 1700 The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (7): Hawker, Croft, Joule, Stoltze, Moses, Foster, Chenault No recommendation (1): Weyhrauch The following fiscal note(s) apply to CSHB 208(FIN): 1. Indeterminate, Dept. of Military & Veterans' Affairs HB 208 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Kott was noted. SB 102 The Resources Committee has considered: CS FOR SENATE BILL NO. 102(FIN) am "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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 102(RES) (same title) The report was signed by Representatives Ramras and Samuels, Co- chairs, with the following individual recommendations: Do pass (2): Elkins, Samuels No recommendation (5): Olson, Kapsner, Gatto, Crawford, Ramras 2005-05-07 House Journal Page 1701 Amend (2): Seaton, LeDoux The following fiscal note(s) apply to HCS CSSB 102(RES): 1. Fiscal, Dept. of Natural Resources 2. Zero, Dept. of Commerce, Community, & Economic Development 3. Zero, Dept. of Fish & Game 4. Zero, Dept. of Environmental Conservation 5. Fiscal, Dept. of Natural Resources CSSB 102(FIN) am was referred to the Finance Committee. **The presence of Representative Gardner was noted. SB 128 The Community & Regional Affairs Committee has considered: SENATE BILL NO. 128 am "An Act relating to consideration by the Local Boundary Commission of a requested borough incorporation." The report was signed by Representatives Olson and Thomas, Co- chairs, with the following individual recommendations: Do pass (4): Neuman, Cissna, Salmon, Thomas No recommendation (1): Olson The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development SB 128 am was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Crawford and Wilson was noted. SB 164 The Resources Committee has considered: 2005-05-07 House Journal Page 1702 CS FOR SENATE BILL NO. 164(FIN) "An Act relating to the salmon product development tax credit; providing for an effective date by amending an effective date in sec. 7, ch. 57, SLA 2003; and providing for an effective date." The report was signed by Representatives Ramras and Samuels, Co- chairs, with the following individual recommendations: Do pass (5): Elkins, Seaton, Crawford, LeDoux, Samuels No recommendation (4): Olson, Kapsner, Gatto, Ramras The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue CSSB 164(FIN) was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Sarah Carlson By Representative Salmon Honoring - Hazel E. Smith By Representative Gara; Senator Ellis Honoring - Jim and Mary Lou King By Senator Elton; Representatives Kerttula, Weyhrauch Honoring - Richard DeLorenzo, Retiring Superintendent - Chugach School District By Senator Bunde; Representative Hawker In Memoriam - Pamela Handrich By Representative Seaton 2005-05-07 House Journal Page 1703 In Memoriam - Harrison Crites By Representative Gruenberg; Senator Ellis In Memoriam - Douglas "Sy" Neeley, The Life and Memory of a Great Alaskan By Representatives Harris, Coghill; Senator Therriault In Memoriam - Elizabeth Ellen "Betty" Harris By Senator Elton; Representatives Kerttula, Weyhrauch INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 304 HOUSE BILL NO. 304 by Representative Coghill, entitled: "An Act relating to the commercial fishing loan program; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources and Finance Committees. HB 305 HOUSE BILL NO. 305 by Representative Weyhrauch, entitled: "An Act relating to a bill that provides a defined contribution retirement plan for certain members of the teachers' retirement system and certain members of the public employees' retirement system; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 306 HOUSE BILL NO. 306 by Representative Stoltze, entitled: "An Act making certain land available for selection by the Matanuska-Susitna Borough." 2005-05-07 House Journal Page 1704 was read the first time and referred to the Resources and Finance Committees. HB 307 HOUSE BILL NO. 307 by Representative Stoltze, entitled: "An Act creating the Knik River Public Use Area." was read the first time and referred to the Resources and Finance Committees. * * * * * Representative Kerttula introduced Gordon Byrnes, Guest Page, from Juneau. **The presence of Representative Gara was noted. **The presence of Representative Weyhrauch, who was excused (page 1697), was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 87 The following was read the second time: SENATE BILL NO. 87 "An Act relating to motor vehicle safety belt violations." with the: Journal Page STA RPT HCS(STA) 1DP 4DNP 1NR 1019 FN1: ZERO(DOT) 1019 FN2: ZERO(LAW) 1019 FN3: ZERO(CRT) 1019 FN4: ZERO(DPS) 1019 JUD RPT HCS(JUD) 2DP 2DNP 2NR 1280 FN1: ZERO(DOT) 1281 2005-05-07 House Journal Page 1705 FN2: ZERO(LAW) 1281 FN3: ZERO(CRT) 1281 FN4: ZERO(DPS) 1281 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 87(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS SB 87(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS SB 87(JUD) will advance to third reading on tomorrow's calendar. **The presence of Representatives Croft and Guttenberg was noted. SB 104 The following was read the second time: CS FOR SENATE BILL NO. 104(JUD) "An Act relating to the crimes of unsworn falsification in the first and second degrees and false information or report; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; and providing for an effective date." with the: Journal Page STA RPT 4DP 1NR 888 FN1: ZERO(REV) 889 FN2: ZERO(LAW) 889 JUD RPT HCS(JUD) NT 4DP 2NR 1433 FN2: ZERO(LAW) 1434 FN3: ZERO(REV) 1490 2005-05-07 House Journal Page 1706 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. 104(JUD) "An Act relating to the crimes of unsworn falsification in the first degree involving an application for a permanent fund dividend and false information or report involving eligibility for a permanent fund dividend; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; relating to service in the peace corps and as a member of the United States Olympic Team as allowable absences from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date." (HCR 15 - title change resolution) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kerttula: Page 9, line 14, following "volunteer": Insert "or support staff" Representative Kerttula moved and asked unanimous consent that Amendment No. 1 be adopted. Representative McGuire objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 104(JUD) Second Reading Amendment No. 1 YEAS: 10 NAYS: 28 EXCUSED: 0 ABSENT: 2 2005-05-07 House Journal Page 1707 Yeas: Berkowitz, Cissna, Crawford, Gara, Gatto, Joule, Kapsner, Kerttula, Thomas, Weyhrauch Nays: Anderson, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Wilson Absent: Moses, Salmon And so, Amendment No. 1 was not adopted. Representative Coghill moved and asked unanimous consent that HCS CSSB 104(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 104(JUD) was read the third time. The question being: "Shall HCS CSSB 104(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 104(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Moses And so, HCS CSSB 104(JUD) 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. 2005-05-07 House Journal Page 1708 Representative Berkowitz gave notice of reconsideration of the vote on HCS CSSB 104(JUD). RECONSIDERATION SB 104 Representative Berkowitz moved and asked unanimous consent that reconsideration of HCS CSSB 104(JUD) be taken up on the same day. There being no objection, it was so ordered. HCS CSSB 104(JUD) was again before the House in third reading. The question to be reconsidered: "Shall HCS CSSB 104(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 104(JUD)--RECONSIDERATION Third Reading Final Passage 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, HCS CSSB 104(JUD) 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. HCS CSSB 104(JUD) was referred to the Chief Clerk for engrossment. 2005-05-07 House Journal Page 1709 SECOND READING OF SENATE BILLS (continued) SB 110 The following was read the second time: CS FOR SENATE BILL NO. 110(FIN)(efd fld) "An Act relating to regulation of the discharge of pollutants under the National Pollutant Discharge Elimination System." with the: Journal Page FIN RPT HCS(FIN) 2DP 6NR 1AM 1654 FN1: ZERO(DFG) 1654 FN2: ZERO(DNR) 1654 FN4: ZERO(DOT) 1654 FN5: (DEC) 1654 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. 110(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 110(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 110(FIN) will advance to third reading on tomorrow's calendar. The Speaker stated that, without objection, the House would move down the calendar to: 2005-05-07 House Journal Page 1710 THIRD READING OF SENATE BILLS SB 155 The Speaker stated that, without objection, the following, which was advanced to third reading from the May 6, 2005, calendar (page 1682), would be returned to the Finance Committee: 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." The Speaker stated that, without objection, the House would move down the calendar to: SECOND READING OF HOUSE RESOLUTIONS HCR 15 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 104, relating to the crimes of unsworn falsification in the first and second degree and false information or report; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue. The question being: "Shall HCR 15 pass the House?" The roll was taken with the following result: HCR 15 Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 2005-05-07 House Journal Page 1711 Yeas: 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 Absent: Anderson And so, HCR 15 passed the House. Representative Kerttula gave notice of reconsideration of the vote on HCR 15. RECONSIDERATION HCR 15 Representative Kerttula moved and asked unanimous consent that reconsideration of HCR 15 be taken up on the same day. There being no objection, it was so ordered. HCR 15 was again before the House in second reading. The question to be reconsidered: "Shall HCR 15 pass the House?" The roll was taken with the following result: HCR 15--RECONSIDERATION Second Reading Final Passage 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, HCR 15 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 2005-05-07 House Journal Page 1712 The House returned to: SECOND READING OF SENATE BILLS (continued) SB 130 The following was read the second time: CS FOR SENATE BILL NO. 130(FIN) am "An Act relating to a special deposit for workers' compensation and employers' liability insurers; relating to assigned risk pools; relating to workers' compensation insurers; stating the intent of the legislature, and setting out limitations, concerning the interpretation, construction, and implementation of workers' compensation laws; relating to the Alaska Workers' Compensation Board; assigning certain Alaska Workers' Compensation Board functions to the division of workers' compensation in the Department of Labor and Workforce Development and to that department, and authorizing the board to delegate administrative and enforcement duties to the division; providing for workers' compensation hearing officers in workers' compensation proceedings; establishing a Workers' Compensation Appeals Commission; relating to workers' compensation medical benefits and to charges for and payment of fees for the medical benefits; relating to agreements that discharge workers' compensation liability; relating to workers' compensation awards; relating to reemployment benefits and job dislocation benefits; relating to coordination of workers' compensation and certain disability benefits; relating to division of workers' compensation records; relating to release of treatment records; relating to an employer's failure to insure and keep insured or provide security; providing for appeals from compensation orders; relating to workers' compensation proceedings; providing for supreme court jurisdiction of appeals from the Workers' Compensation Appeals Commission; providing for a maximum amount for the cost-of- living adjustment for workers' compensation benefits; relating to attorney fees with respect to workers' compensation; providing for the department to enter into contracts with nonprofit organizations to provide information services and legal representation to injured employees; providing for administrative penalties for employers 2005-05-07 House Journal Page 1713 uninsured or without adequate security for workers' compensation; relating to fraudulent acts or false or misleading statements in workers' compensation and penalties for the acts or statements; providing for members of a limited liability company to be included as an employee for purposes of workers' compensation; establishing a workers' compensation benefits guaranty fund; making conforming amendments; providing for a study and report by the medical services review committee; establishing the Task Force on Workers' Compensation; and providing for an effective date." with the: Journal Page L&C RPT HCS(L&C) NT 2DP 3NR 2AM 1540 FN5: ZERO(CRT) 1541 FN7: ZERO(CED) 1541 FN8: (LWF) 1541 FN9: ZERO(LEG) 1541 JUD RPT HCS(JUD) NT 3DP 3NR 1AM 1678 FN5: ZERO(CRT) 1680 FN7: ZERO(CED) 1680 FN9: ZERO(LEG) 1680 FN10: (LWF) 1680 FN11: (LAW) 1680 FN12: (LAW) 1680 FN13: (LAW) 1680 FIN RPT HCS(JUD) NT 9NR 1683 FN5: ZERO(CRT) 1685 FN7: ZERO(CED) 1685 FN9: ZERO(LEG) 1685 FN10: (LWF) 1685 FN11: (LAW) 1685 FN12: (LAW) 1685 FN13: (LAW) 1685 The Speaker stated that the House would stand at ease until 1:00 p.m.; and so, the House stood at ease at 12:02 p.m. 2005-05-07 House Journal Page 1714 AFTER AT EASE The Speaker called the House back to order at 2:11 p.m. SECOND READING OF SENATE BILLS (continued) SB 130 CSSB 130(FIN) am was again before the House. 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. 130(JUD) "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." (HCR 19 - title change resolution) There being no objection, it was so ordered. Amendment No. 2 was not offered. Amendment No. 1 was offered by Representative Anderson: Page 14, line 19, following "committee": Insert "and an independent organization expert in matters involving the appropriateness, necessity, and cost of medical and related services provided under this chapter" Page 14, line 30, following "AS 09.55.560,": Insert "one of whom is a representative of the Alaska State Medical Association and one of whom is a representative of the Alaska State Hospital and Nursing Home Association," Page 31, line 16: Delete "13" Insert "15" 2005-05-07 House Journal Page 1715 Page 31, line 20; Delete "Ten" Insert "Twelve" Page 31, line 31: Delete "and" Page 32, line 2: Delete"." Insert ";" Page 32, following line 2: Insert new paragraphs to read: "(9) a representative of the Alaska State Hospital and Nursing Home Association; and (10) a representative of self-insured employers." Page 33, line 20, following "AS 23.30.095(j)": Insert "as amended by this Act" Page 33, line 22; Delete "September 30, 2005" Insert "August 1, 2006" Page 33, line 24, following "AS 23.30.095(j)": Insert "as amended by this Act" Page 33, line 27: Delete "December 1, 2005" Insert "August 1, 2006" Representative Anderson moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Anderson moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. 2005-05-07 House Journal Page 1716 Representative Coghill moved and asked unanimous consent that HCS CSSB 130(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 130(JUD) was read the third time. The Speaker stated that, without objection, HCS CSSB 130(JUD) will be held in third reading to tomorrow's calendar. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 184 A message dated May 7, 2005, was read stating the Senate has passed HB 184 am with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 184(JUD) am S "An Act relating to firearms." HB 184 am is under Unfinished Business. SB 141 A message dated May 7, 2005, was read stating the Senate has failed to concur in the House amendment to CSSB 141(FIN), namely: 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 systems to the jurisdiction of the office of administrative hearings; providing for nonvested members of the teachers' retirement 2005-05-07 House Journal Page 1717 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." and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Green, Chair Senator Seekins Senator Olson RECEDE SB 141 Representative Coghill moved and asked unanimous consent that the House consider the Senate message at this time. There being no objection, it was so ordered. Representative Coghill moved that the House recede from its amendment to CSSB 141(FIN), namely HCS CSSB 141(FIN) am H, and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 141(FIN)?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Recede YEAS: 0 NAYS: 37 EXCUSED: 0 ABSENT: 3 Nays: 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, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Weyhrauch, Wilson 2005-05-07 House Journal Page 1718 Absent: Meyer, Moses, Thomas And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Seaton Representative Weyhrauch Representative Crawford The Chief Clerk notified the Senate. SECOND READING OF SENATE BILLS (continued) SB 132 The following, which is on today's calendar, is in the Judiciary Committee: 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." SB 137 The following, which is on today's calendar, is in the Judiciary Committee: SENATE BILL NO. 137 "An Act providing that an institution providing accommodations exempt from the provisions of the Uniform Residential Landlord and Tenant Act may evict tenants without resorting to court proceedings under AS 09.45.060 - 09.45.160." SB 139 The following was read the second time: 2005-05-07 House Journal Page 1719 CS FOR SENATE BILL NO. 139(L&C) "An Act relating to termination and oversight of boards, commissions, and agency programs; extending the termination date of the Board of Marital and Family Therapy; and providing for an effective date." with the: Journal Page L&C RPT HCS(L&C) 1DP 6NR 1281 FN1: (CED) 1281 FIN RPT HCS(FIN) 2DP 5NR 1504 FN1: (CED) 1504 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. 139(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 139(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 139(FIN) will advance to third reading on tomorrow's calendar. SB 142 The following was read the second time: CS FOR SENATE BILL NO. 142(L&C) "An Act relating to ownership of land by regional school boards; and providing for an effective date." with the: Journal Page CRA RPT 1DP 3NR 1461 FN1: ZERO(EED) 1461 2005-05-07 House Journal Page 1720 FN2: ZERO(DOT) 1461 FIN RPT 1DP 9NR 1685 FN1: ZERO(EED) 1686 FN2: ZERO(DOT) 1686 Representative Coghill moved and asked unanimous consent that CSSB 142(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSB 142(L&C) will advance to third reading on tomorrow's calendar. SB 143 The following was read the second time: CS FOR SENATE BILL NO. 143(STA) "An Act amending the definition of the term 'state agencies' as it applies under Executive Order No. 113; relating to information systems in the legislative branch and to the Telecommunications Information Council; and providing for an effective date." with the: Journal Page JUD RPT 5DP 1282 FN1: ZERO(ADM) 1283 Representative Coghill moved and asked unanimous consent that CSSB 143(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 143(STA) was read the third time. The question being: "Shall CSSB 143(STA) pass the House?" The roll was taken with the following result: 2005-05-07 House Journal Page 1721 CSSB 143(STA) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, 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 Absent: Chenault And so, CSSB 143(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. CSSB 143(STA) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 147 The following was read the second time: CS FOR SENATE BILL NO. 147(FIN) "An Act providing for a sport fishing facility surcharge on sport fishing licenses; providing for the construction and renovation of state sport fishing facilities and for other projects beneficial to the sport fish resources of the state as a public enterprise; and authorizing the issuance of revenue bonds to finance those projects." with the: Journal Page FIN RPT HCS(FIN) 3DP 5NR 1AM 1505 FN1: (REV) 1506 FN4: (DFG) 1506 2005-05-07 House Journal Page 1722 RLS RPT HCS(RLS) 2DP 2NR 1655 FN5: (DFG) 1655 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. 147(RLS) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 147(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 147(RLS) will advance to third reading on tomorrow's calendar. SB 154 The following was read the second time: CS FOR SENATE BILL NO. 154(JUD) "An Act relating to the jurisdiction for proceedings relating to delinquent minors and to telephonic and televised participation in those proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23, 24.1, and 25, Alaska Delinquency Rules; and providing for an effective date." with the: Journal Page JUD RPT HCS(JUD) 5DP 1NR 1541 FN2: ZERO(LAW) 1542 FN3: ZERO(HSS) 1542 FN4: ZERO(S.JUD) 1542 FN5: INDETERMINATE(ADM) 1542 FIN RPT HCS(JUD) 8DP 1655 FN1: INDETERMINATE(ADM) 1656 FN2: ZERO(LAW) 1656 2005-05-07 House Journal Page 1723 FN3: ZERO(HSS) 1656 FN5: INDETERMINATE(ADM) 1656 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. 154(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 154(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 154(JUD) will advance to third reading on tomorrow's calendar. SB 158 The following was read the second time: SENATE BILL NO. 158 "An Act prohibiting the imposition of municipal sales and use taxes on state construction contracts and certain subcontracts; and providing for an effective date." with the: Journal Page L&C RPT 4DP 3NR 1422 FN1: ZERO(CED) 1422 FIN RPT 5DP 4NR 1543 FN1: ZERO(CED) 1543 Representative Coghill moved and asked unanimous consent that SB 158 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 158 was read the third time. 2005-05-07 House Journal Page 1724 The question being: "Shall SB 158 pass the House?" The roll was taken with the following result: SB 158 Third Reading Final Passage YEAS: 23 NAYS: 13 EXCUSED: 0 ABSENT: 4 Yeas: Anderson, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Gardner, Gatto, Harris, Hawker, Kerttula, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Rokeberg, Salmon, Samuels, Seaton, Stoltze Nays: Berkowitz, Chenault, Croft, Foster, Gruenberg, Guttenberg, Joule, Kapsner, LeDoux, Olson, Thomas, Weyhrauch, Wilson Absent: Gara, Holm, Kelly, Ramras And so, SB 158 passed the House. Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SB 158 Third Reading Effective Date YEAS: 26 NAYS: 10 EXCUSED: 0 ABSENT: 4 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Elkins, Gardner, Gatto, Gruenberg, Harris, Hawker, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Foster, Guttenberg, Joule, Kapsner, Olson, Salmon Absent: Gara, Holm, Kelly, Ramras LeDoux changed from "Yea" to "Nay". Salmon changed from "Yea" to "Nay". Wilson changed from "Nay" to "Yea". 2005-05-07 House Journal Page 1725 Olson changed from "Yea" to "Nay". Kott changed from "Nay" to "Yea". LeDoux changed from "Nay" to "Yea". Crawford changed from "Yea" to "Nay". And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title follows: SENATE BILL NO. 158(efd fld H) "An Act prohibiting the imposition of municipal sales and use taxes on state construction contracts and certain subcontracts." Representative Joule gave notice of reconsideration of the vote on SB 158(efd fld H). SB 174 The following was read the second time: SENATE BILL NO. 174 "An Act excluding certain trucks from the definition of 'passenger vehicle' for purposes of the passenger vehicle rental tax; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) NT 8DP 1507 FN1: (REV) 1507 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 174(FIN) "An Act excluding certain trucks and vehicles provided by automobile dealers as replacement transportation during warranty, recall, or service contract repairs from the definition of 'passenger vehicle' for purposes of the passenger vehicle rental tax; and providing for an effective date." (HCR 18 - title change resolution) 2005-05-07 House Journal Page 1726 There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Croft: Page 2, line 12, following "compensation": Delete "from the customer for providing the vehicle" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Amendment to Amendment No. 1 was offered by Representative Berkowitz: Delete "from the customer" Representative Berkowitz moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 1 as amended was adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Gatto: Page 1, line 3, following "tax;" (title amendment): Insert "relating to taxes regarding certain commercial passenger vessels operating in the state;" Page 2, line 14: Delete all material and insert: "* Sec. 2. AS 43.52 is amended by adding new sections to read: Article 2. Excise Tax on Passengers Traveling Aboard a Commercial Passenger Vessel. Sec. 43.52.100. Levy of excise tax on passengers traveling aboard a commercial passenger vessel. There is imposed an 2005-05-07 House Journal Page 1727 excise tax on passengers traveling in the marine waters of the state aboard a commercial passenger vessel that provides overnight accommodations. Sec. 43.52.110. Rate of tax. The tax imposed by AS 43.52.100 - 43.52.199 is levied at a rate to be determined each calendar year by the department based on actual costs of services to commercial passenger vessels; the rate may not exceed $50 a passenger a voyage. Sec. 43.52.120. Liability for payment of tax. (a) A passenger traveling in the marine waters of the state aboard a commercial passenger vessel that provides overnight accommodations is liable for the tax imposed by AS 43.52.100 - 43.52.199. The tax (1) shall be collected by the person who provides the travel to the passenger; and (2) is due and payable to the department (A) by the person who provides the travel to the passenger, regardless of whether the person actually collects the tax from the passenger; and (B) in the manner and at the times required by the department by regulation. (b) A passenger is not liable for the tax under AS 43.52.100 - 43.52.199 if that passenger was liable for the tax within the preceding 30 days. (c) A person who provides travel for a passenger who, under (b) of this section, would not be liable for the tax under AS 43.52.100 - 43.52.199 is not required to collect and pay the tax to the department if the person reasonably believes that the passenger is not liable for the tax under (b) of this section. Sec. 43.52.130. Disposition of proceeds. (a) The proceeds from the tax imposed by AS 43.52.100 - 43.52.199 shall be deposited in a special commercial vessel passenger tax account in the general fund. The legislature may appropriate money from the account for the purposes described in (b) and (c) of this section, for state-owned port and harbor facilities, for other services to properly provide for vessel or watercraft visits, to enhance the safety and efficiency of interstate and foreign commerce, and for other lawful purposes as determined by the legislature. (b) For each sailing of a commercial passenger vessel providing overnight accommodations, the commissioner shall 2005-05-07 House Journal Page 1728 identify the first five ports of call in the state and the number of passengers on board the vessel at each port of call. Subject to appropriation by the legislature, the commissioner shall distribute to each port of call 10 percent of the tax revenue collected under AS 43.52.100 - 43.52.199 from each passenger visiting that port. If the port of call is a city located within a borough that is not unified with the borough, the commissioner shall, subject to appropriation by the legislature, distribute five percent for each passenger to the city and five percent to the borough. Each port of call receiving funds under this section shall use the funds received in a manner calculated to improve port and harbor facilities, for other services to properly provide for vessel or watercraft visits, and to enhance the safety and efficiency of interstate and foreign commerce. (c) Within the special commercial vessel passenger tax account established in (a) of this section, a regional cruise ship impact subaccount is established. The subaccount consists of 25 percent of the proceeds from the tax on travel aboard commercial passenger vessels providing overnight accommodations in the marine waters of the state. Subject to appropriation by the legislature and regulations adopted by the department, the commissioner shall distribute funds from this subaccount to municipalities or other governmental entities within the Prince William Sound region, Southeast Alaska, or any other distinctive region affected by cruise-ship-related tourism activities but not entitled to receive funds based on port-of-call visitation as allowed by (b) of this section. The commissioner shall make the distribution authorized by the subsection only if the funds are used by the recipient to provide services and infrastructure directly related to passenger vessel or watercraft visits or to enhance the safety and efficiency of interstate and foreign commerce related to vessel or watercraft activities. Sec. 43.52.140. Administration. (a) The department shall (1) administer AS 43.52.100 - 43.52.199; and (2) collect, and supervise and enforce the collection of, taxes due under AS 43.52.100 - 43.52.199 and penalties as provided in AS 43.05. (b) The department may adopt regulations to carry out the purposes of AS 43.52.100 - 43.52.199. Sec. 43.52.199. Definitions. In AS 43.52.100 - 43.52.199, 2005-05-07 House Journal Page 1729 unless the context otherwise requires, (1) "commercial passenger vessel" means a vessel that is used in the common carriage of passengers in commerce; "commercial passenger vessel" does not include a (A) vessel with an overnight accommodation capacity for fewer than 36 passengers; (B) noncommercial vessel or a vessel operated by the state, the United States, or a foreign government; or (C) vessel licensed under AS 16.05.490 and used in charter service for the recreational taking of fish and shellfish; (2) "marine waters of the state" means the marine bays, sounds, rivers, inlets, straits, passages, canals, Pacific Ocean, Gulf of Alaska, Bering Sea, and Arctic Ocean within the territorial limits of the state, and all other bodies of marine water that are wholly or partially within the state or are under the jurisdiction of the state; (3) "passenger" means a person with whom a common carrier has contracted for carriage from one place to another. * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: TRANSITION: REGULATIONS. The Department of Revenue may proceed to adopt regulations to implement sec. 2 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of sec. 2 of this Act. * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to read: REVISOR'S INSTRUCTION: The revisor of statutes shall substitute "AS 43.52.010 - 43.52.099" for "this chapter" wherever "this chapter" occurs in AS 43.52.010 - 43.52.099. * Sec. 5. Sections 1 and 3 of this Act take effect immediately under AS 01.10.070(c). * Sec. 6. Except as provided in sec. 5, this Act takes effect January 1, 2006." Representative Gatto moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected and rose to a point of order, stating Amendment No. 3 was not germane and cited Rule 35 of the Uniform Rules. 2005-05-07 House Journal Page 1730 The Speaker ruled that the amendment was not in order. Representative Berkowitz appealed the ruling of the Chair. Representative Gatto moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS SB 174(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS SB 174(FIN) am H will advance to third reading on tomorrow's calendar. THIRD READING OF SENATE BILLS SB 16 The following, which was advanced to third reading from the May 6, 2005, calendar (page 1675), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16(TRA) "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; repealing the requirement for a long-range program for highway construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities; and providing for an effective date." The question being: "Shall CSSSSB 16(TRA) pass the House?" The roll was taken with the following result: 2005-05-07 House Journal Page 1731 CSSSSB 16(TRA) Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Croft, Gara, Kerttula, Salmon Absent: Anderson, McGuire Gara changed from "Yea" to "Nay". And so, CSSSSB 16(TRA) 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. Representative Berkowitz gave notice of reconsideration of the vote on CSSSSB 16(TRA). SB 36 The following, which was held over from the May 6, 2005, calendar (page 1687), was read the third time: HOUSE CS FOR CS FOR SENATE BILL 36(JUD) am H "An Act relating to absentee ballots." The question being: "Shall HCS CSSB 36(JUD) am H pass the House?" The roll was taken with the following result: HCS CSSB 36(JUD) am H Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 2005-05-07 House Journal Page 1732 Yeas: Cissna, Coghill, Crawford, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Anderson, Berkowitz, Chenault, Croft, Foster, Kelly, Neuman, Olson And so, HCS CSSB 36(JUD) am H passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS (continued) HCR 16 The following, which was held over from the May 6, 2005, calendar (page 1688), was read the second time: 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 office of administrative hearings; providing for nonvested members of the teachers' retirement system defined benefit plans to transfer into the teachers' retirement system defined contribution plan and for nonvested members of the public employees' retirement system defined benefit plans to transfer into the public employees' retirement system defined contribution plan; providing for political subdivisions and public organizations to request to participate in the public employees' defined contribution retirement plan; and providing for an effective date. 2005-05-07 House Journal Page 1733 Representative Coghill placed a call of the House. The call was satisfied. The question being: "Shall HCR 16 pass the House?" The roll was taken with the following result: HCR 16 Second Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Joule, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Kapsner, Kerttula, Lynn, Salmon And so, HCR 16 passed the House. Representative Berkowitz gave notice of reconsideration of the vote on HCR 16. HCR 17 The following, which was held over from the May 6, 2005, calendar (page 1688), was read the second time: HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 140, relating to computers and the Internet. The question being: "Shall HCR 17 pass the House?" The roll was taken with the following result: HCR 17 Second Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 2005-05-07 House Journal Page 1734 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, HCR 17 passed the House and was referred to the Chief Clerk for engrossment. HCR 18 The following was read the second time and held to tomorrow's calendar: HOUSE CONCURRENT RESOLUTION NO. 18 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. THIRD READING OF SENATE RESOLUTIONS SJR 16 The following, which was held over from the May 6, 2005, calendar (page 1689), was read the third 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. The question being: "Shall SJR 16 pass the House?" The roll was taken with the following result: SJR 16 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 2005-05-07 House Journal Page 1735 Yeas: 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 Absent: Anderson And so, SJR 16 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 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 - 60 Years of Service in the Priesthood, Father Hugh Hall By Representatives LeDoux, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator Gary Stevens Honoring - Top of the World Chorus By Representatives Gardner, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Skagway Panthers Girls Basketball Team By Representatives Thomas, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Weyhrauch, Wilson; Senator Kookesh 2005-05-07 House Journal Page 1736 Honoring - James L. Baldwin By Senator Elton; Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Wilson Honoring - Nulato Lady Wolves Basketball Team By Senator Kookesh; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Bristol Bay 2A Girls Basketball Team, Bristol Bay Borough By Senator Hoffman; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Eric Otto Sonneman 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 - Frank 'Dutch' Behrends By Representatives Weyhrauch, Kerttula, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Elton 2005-05-07 House Journal Page 1737 In Memoriam - Donald James Arndt By Representatives LeDoux, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator Gary Stevens In Memoriam - Dora Dushkin By Representatives Moses, Harris, Anderson, Berkowitz, Chenault, Cissna, 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 In Memoriam - Mark Hiratsuka By Representatives Moses, Harris, Anderson, Berkowitz, Chenault, Cissna, 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 In Memoriam - The Very Rev. Peter Bourdukofsky By Representatives Moses, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Noel W. Woods, 60 Years in Alaska By Representatives Kohring, Gatto, Neuman, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins 2005-05-07 House Journal Page 1738 Honoring - David J. Parks By Representatives Gatto, Stoltze, Neuman, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins Honoring - Barbara Hall By Representatives Ramras, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Robert "Bobby" Storrs By Representatives Seaton, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson; Senator Hoffman In Memoriam - Donald Alton Stump By Senator Dyson; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson CONCUR IN SENATE AMENDMENTS HB 214 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1651) on the following: 2005-05-07 House Journal Page 1739 CS FOR HOUSE BILL NO. 214(HES) "An Act relating to anatomical gifts and the anatomical gift donor registry program." and SENATE CS FOR CS FOR HOUSE BILL NO. 214(STA) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 214(HES), thus adopting SCS CSHB 214(STA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 214(HES)?" The roll was taken with the following result: SCS CSHB 214(STA) Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: 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 Absent: Anderson And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 214(STA). The Chief Clerk notified the Senate. SCS CSHB 214(STA) was referred to the Chief Clerk for enrollment. 2005-05-07 House Journal Page 1740 HB 35 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1573) on the following: 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." and 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) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to HB 35, thus adopting SCS HB 35(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 35?" The roll was taken with the following result: SCS HB 35(FIN) Concur YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Holm 2005-05-07 House Journal Page 1741 Absent: Anderson And so, the House concurred in the Senate amendment, thus adopting SCS HB 35(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 HB 35(FIN) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 10 Representative Coghill moved and asked unanimous consent that the following be taken up as a Special Order of Business: SENATE CONCURRENT RESOLUTION NO. 10 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. There being no objection, it was so ordered. The question being: "Shall SCR 10 pass the House?" The roll was taken with the following result: SCR 10 Special Order of Business YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: 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, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Weyhrauch, Wilson 2005-05-07 House Journal Page 1742 Absent: Anderson, Meyer, Thomas And so, SCR 10 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. CONCUR IN SENATE AMENDMENTS HB 75 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1650) on the following: CS FOR HOUSE BILL NO. 75(FIN) "An Act relating to the powers and duties of the commissioner of fish and game, Board of Fisheries, and Board of Game in promoting and preserving fishing, hunting, and trapping in the state." and SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) (same title) Representative Coghill moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. CSHB 75(FIN) is under Unfinished Business. HB 184 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1716) on the following: HOUSE BILL NO. 184 am "An Act relating to firearms." and SENATE CS FOR HOUSE BILL NO. 184(JUD) am S (same title) 2005-05-07 House Journal Page 1743 There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to HB 184 am, thus adopting SCS HB 184(JUD) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 184 am?" The roll was taken with the following result: SCS HB 184(JUD) am S Concur YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, 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, Thomas, Weyhrauch, Wilson Nays: Gara, Kerttula And so, the House concurred in the Senate amendment, thus adopting SCS HB 184(JUD) am S. The Chief Clerk notified the Senate. SCS HB 184(JUD) am S was referred to the Chief Clerk for enrollment. RECONSIDERATION HB 272 Representative Dahlstrom brought up reconsideration of the vote on CSHB 272(FIN) am (page 1556). The following, which had been held on reconsideration (page 1690), was again before the House in third reading: 2005-05-07 House Journal Page 1744 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." Representative Salmon moved and asked unanimous consent that CSHB 272(FIN) am be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 5 (page 1549). There being no objection, it was so ordered. Representative Salmon moved and asked unanimous consent that the House rescind previous action in failing to adopt Amendment No. 5. There was objection. The question being: "Shall the House rescind previous action in failing to adopt Amendment No. 5?" The roll was taken with the following result: CSHB 272(FIN) am--RECONSIDERATION Second Reading Rescind Previous Action/Amendment No. 5 YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Guttenberg, Harris, Hawker, Joule, Kerttula, Kohring, Kott, LeDoux, Meyer, Moses, Salmon, Thomas, Weyhrauch Nays: Chenault, Coghill, Elkins, Foster, Gruenberg, Holm, Kapsner, Kelly, Lynn, McGuire, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Wilson And so, the motion passed. 2005-05-07 House Journal Page 1745 Representative Salmon moved and asked unanimous consent that Amendment No. 5 be adopted. There was objection. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 272(FIN) am--RECONSIDERATION Second Reading Amendment No. 5 YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Ramras, Rokeberg, Salmon, Samuels, Thomas, Weyhrauch Nays: Chenault, Cissna, Coghill, Gardner, Gatto, Guttenberg, Kelly, Neuman, Olson, Seaton, Stoltze, Wilson And so, Amendment No. 5 was adopted. Representative Rokeberg rose to a point of order citing Section 121 of Mason's Manual. The Speaker cautioned the member. Representative Olson placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSHB 272(FIN) am pass the House?" The roll was taken with the following result: CSHB 272(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 2005-05-07 House Journal Page 1746 Yeas: Anderson, Berkowitz, Chenault, Croft, Elkins, Foster, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, Meyer, Moses, Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas Nays: Cissna, Coghill, Crawford, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Kelly, Kerttula, Lynn, McGuire, Neuman, Seaton, Stoltze, Weyhrauch, Wilson And so, CSHB 272(FIN) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 107 Representative Coghill moved and asked unanimous consent that reconsideration (page 1683) of the following be held one legislative day: 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. HB 208 Representative Gruenberg added his name as cosponsor to: HOUSE BILL NO. 208 "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain an Alaskan veterans' cemetery; and establishing the Alaska veterans' cemetery fund in the general fund." HB 286 Representative Kohring added his name as cosponsor to: SENATE CS FOR HOUSE BILL NO. 286(RES) "An Act amending the manner of determining the royalty received by the state on gas production by directing the commissioner of 2005-05-07 House Journal Page 1747 natural resources to accept, under certain circumstances, the transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; 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 87 Representative McGuire added her name as cross sponsor to: HOUSE CS FOR SENATE BILL NO. 87(JUD) "An Act relating to motor vehicle safety belt violations." SB 104 Representatives Samuels, Gardner, and Dahlstrom added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 104(JUD) "An Act relating to the crimes of unsworn falsification in the first degree involving an application for a permanent fund dividend and false information or report involving eligibility for a permanent fund dividend; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; relating to service in the peace corps and as a member of the United States Olympic Team as allowable absences from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date." SB 135 Representative McGuire added her name as cross sponsor to: 2005-05-07 House Journal Page 1748 CS FOR SENATE BILL NO. 135(JUD)(efd am) "An Act relating to the crimes of assault and custodial interference; and providing for an effective date." SB 147 Representative Thomas added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 147(RLS) "An Act providing for a sport fishing facility surcharge on sport fishing licenses; providing for the construction and renovation of state sport fishing facilities and for other projects beneficial to the sport fish resources of the state as a public enterprise; and authorizing the issuance of revenue bonds to finance those projects." SB 158 Representative Kohring added his name as cross sponsor to: SENATE BILL NO. 158(efd fld H) "An Act prohibiting the imposition of municipal sales and use taxes on state construction contracts and certain subcontracts." SB 174 Representative Kohring added his name as cross sponsor to: HOUSE CS FOR SENATE BILL NO. 174(FIN) am H "An Act excluding certain trucks and vehicles provided by automobile dealers as replacement transportation during warranty, recall, or service contract repairs from the definition of 'passenger vehicle' for purposes of the passenger vehicle rental tax; and providing for an effective date." SB 140 The following, which passed the House, was engrossed and signed by the Speaker and Chief Clerk May 6, 2005, (page 1602) was transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 140(RLS) "An Act relating to computers, computer communications, and the Internet." 2005-05-07 House Journal Page 1749 SB 141 The following, which passed the House and was engrossed May 6, 2005, (page 1692) was signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 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 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." ENGROSSMENT HCR 15 HCR 15 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 17 HCR 17 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 17 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 2005-05-07 House Journal Page 1750 CS FOR HOUSE JOINT RESOLUTION NO. 17(RES) Opposing the Federal Lands Recreation Enhancement Act. HB 272 CSHB 272(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 36 HCS CSSB 36(JUD) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 101 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." SB 104 HCS CSSB 104(JUD) 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. The following meeting today has been changed as indicated: Finance Committee CHANGED TO: upon adjournment 2005-05-07 House Journal Page 1751 Judiciary Committee CANCELED ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 2:00 p.m., May 8, 2005. There being no objection, the House adjourned at 5:51 p.m. Suzi Lowell Chief Clerk