Legislature(2005 - 2006)

2005-05-07 House Journal

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2005-05-07                     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