Legislature(2005 - 2006)

2006-04-26 House Journal

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2006-04-26                     House Journal                      Page 3343
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                   Wednesday                  April 26, 2006                        
                                                                                                    
                        One Hundred Eighth Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:11 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representatives Chenault,                                     
McGuire, and Meyer were absent and their presence was noted later.                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Kerttula and Samuels be excused from a call of the                                  
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
The invocation was offered by the Chaplain, Stuart Cohen of the                                     
Congregation Sukkot Shalom.  Representative Dahlstrom moved and                                     
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
     Today I have just a short prayer and just a few words to say                                   
     beforehand.  The Jews are thought of as, or called "The                                        
     Chosen People."  There is a lot of misunderstanding about                                      
     "chosen for what or why" even among Jews.  And if you look                                     
     at the story that the Hebrew scriptures tell, it is a story of                                 
     people starting in a place with no law, with no right and                                      
     wrong.  Then gradually as they become more aware of right                                      
     and wrong, they are charged and the Jews are chosen to try to                                  
     create, to help create a just society on this earth.  And I think                              
     in that sense, all of us here are chosen.  I think all people are                              
     chosen for that.  Especially in a democracy, those of us who                                   
     have been elected are chosen for that by the people we                                         
     represent - and maybe of a higher imperative - and it is an                                    
     honor and a burden and a privilege.  So with that in mind:                                     

2006-04-26                     House Journal                      Page 3344
     Baruch afta Adonai, eloheinu melekh ha-olam.                                                   
     Blessed art Thou, King of the universe, who has sanctified us                                 
     with Your commandments.  Amen.                                                                 
                                                                                                    
The Pledge of Allegiance was led by Representative Rokeberg.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 107th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HB 471                                                                                            
A message dated April 25, 2006, was read stating the Senate has                                     
passed CSHB 471(FIN) am with the following amendment and it is                                      
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 471(FIN)                                                   
     "An Act amending the Knik Arm Bridge and Toll Authority Act                                    
     and the powers and authority of the authority to finance                                       
     construction and maintenance of the Knik Arm Bridge, to set and                                
     collect tolls, and to carry out its duties; and providing for an                               
     effective date."                                                                               
                                                                                                    
CSHB 471(FIN) am is under Unfinished Business.                                                      
                                                                                                    
Messages dated April 25, 2006, were read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 19                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 19(FIN) by the Senate                                            
Finance Committee:                                                                                  
                                                                                                    
     Relating to creating the Task Force to Assess Public Reporting of                              
     Health Care Associated Infections.                                                             
                                                                                                    

2006-04-26                     House Journal                      Page 3345
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 305                                                                                            
CS FOR SENATE BILL NO. 305(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
     "An Act repealing the oil production tax and the gas production                                
     tax and providing for a production tax on oil and gas; relating to                             
     the calculation of the gross value at the point of production of oil                           
     and gas and to the determination of the value of oil and gas for                               
     purposes of the production tax on oil and gas; providing for tax                               
     credits against the production tax on oil and gas; relating to the                             
     relationship of the production tax on oil and gas to other taxes, to                           
     the dates those tax payments and surcharges are due, to interest on                            
     overpayments of the tax, and to the treatment of the tax in a                                  
     producer's settlement with the royalty owners; relating to flared                              
     gas, and to oil and gas used in the operation of a lease or property                           
     under the production tax; relating to the prevailing value of oil and                          
     gas under the production tax; relating to surcharges on oil; relating                          
     to statements or other information required to be filed with or                                
     furnished to the Department of Revenue, to the penalty for failure                             
     to file certain reports for the tax, to the powers of the Department                           
     of Revenue, and to the disclosure of certain information required                              
     to be furnished to the Department of Revenue as applicable to the                              
     administration of the tax; relating to criminal penalties for                                  
     violating conditions governing access to and use of confidential                               
     information relating to the tax, and to the deposit of tax money                               
     collected by the Department of Revenue; amending the definitions                               
     of 'gas,' 'oil,' and certain other terms for purposes of the production                        
     tax, and as the definition of the term 'gas' applies in the Alaska                             
     Stranded Gas Development Act, and adding further definitions;                                  
     making conforming amendments; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2006-04-26                     House Journal                      Page 3346
                            COMMUNICATIONS                                                       
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Geological & Geophysical Surveys                                                        
Alaska Seismic Hazards Safety Commission                                                            
Report to the Governor and State Legislature                                                        
April 18, 2006                                                                                      
(as required by AS 44.37.067)                                                                       
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 322                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 322                                                                             
     "An Act relating to infants who are safely surrendered by a parent                             
     shortly after birth."                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 322(HES)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gardner, Gatto, Seaton, Wilson                                                        
                                                                                                    
No recommendation (1):  Cissna                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 322(HES):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 322 was referred to the Judiciary Committee.                                                     
                                                                                                    
SB 20                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    

2006-04-26                     House Journal                      Page 3347
     CS FOR SENATE BILL NO. 20(JUD)                                                                 
     "An Act relating to offenses against unborn children."                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 20(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Stoltze, Kelly, Foster, Meyer                                                         
                                                                                                    
Do not pass (1):  Kerttula                                                                          
                                                                                                    
No recommendation (4):  Holm, Weyhrauch, Moses, Chenault                                            
                                                                                                    
Amend (2):  Hawker, Joule                                                                           
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 20(FIN):                                             
                                                                                                    
4.  Zero, Dept. of Corrections                                                                      
5.  Zero, Alaska Court System                                                                       
6.  Zero, Dept. of Public Safety                                                                    
7.  Indeterminate, Dept. of Administration                                                          
8.  Indeterminate, Dept. of Administration                                                          
9.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
CSSB 20(JUD) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
SB 261                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 261(FIN)                                                                
     "An Act relating to the designation of traffic safety corridors;                               
     relating to the bail or fine for an offense committed in a traffic                             
     safety corridor and to separately accounting for such fines; and                               
     providing for an effective date."                                                              
                                                                                                    

2006-04-26                     House Journal                      Page 3348
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 261(JUD)                                                   
     "An Act relating to the designation of traffic safety corridors;                               
     relating to the bail or fine for an offense committed in a traffic                             
     safety corridor and to separately accounting for such fines;                                   
     relating to the license point penalty; relating to damage claims                               
     regarding a highway work zone; and providing for an effective                                  
     date."                                                                                         
                                                                                                    
     (HCR 44 - title change resolution)                                                             
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Joule, Hawker, Foster, Stoltze, Meyer, Chenault                                       
                                                                                                    
No recommendation (2):  Kerttula, Weyhrauch                                                         
                                                                                                    
Amend (1):  Holm                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 261(JUD):                                            
                                                                                                    
1.  Fiscal, Dept. of Transportation & Public Facilities                                             
2.  Zero, Dept. of Public Safety                                                                    
3.  Zero, Alaska Court System                                                                       
4.  Indeterminate, House Finance Committee/All Depts.                                               
                                                                                                    
CSSB 261(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
                                                                                                    
SB 300                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    
     CS FOR SENATE BILL NO. 300(L&C)                                                                
     "An Act relating to the handling of negative equity in motor                                   
     vehicle transactions; and relating to the contents of retail                                   
     installment contracts."                                                                        
                                                                                                    

2006-04-26                     House Journal                      Page 3349
The report was signed by Representatives Gatto and Elkins, Co-chairs,                               
with the following individual recommendations:                                                      
                                                                                                    
Do pass (4):  Neuman, Thomas, Gatto, Elkins                                                         
                                                                                                    
No recommendation (1):  Salmon                                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
CSSB 300(L&C) was referred to the Labor & Commerce Committee.                                       
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 325                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 325                                                                             
     "An Act relating to post-conviction DNA testing; and amending                                  
     Rule 35.1, Alaska Rules of Criminal Procedure."                                                
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT CS(JUD) 4DP 1NR 1AM                                           3102                         
 FN1: ZERO(COR)                                                        3103                         
 FN2: ZERO(LAW)                                                        3103                         
 FIN RPT CS(FIN) 1DP 7NR 2AM                                           3220                         
 FN1: ZERO(COR)                                                        3221                         
 FN3: ZERO(ADM)                                                        3221                         
 FN4: ZERO(ADM)                                                        3221                         
 FN5: INDETERMINATE(DPS)                                               3221                         
 FN6: (LAW)                                                            3221                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2006-04-26                     House Journal                      Page 3350
     CS FOR HOUSE BILL NO. 325(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Gara and LeDoux:                                     
                                                                                                    
Page 2, line 7:                                                                                     
 Delete "and any lesser included offense"                                                           
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
**The presence of Representatives McGuire, Chenault, and Meyer                                      
was noted.                                                                                          
                                                                                                    
Representative Gara moved and asked unanimous consent to withdraw                                   
Amendment No. 1.  There being no objection, it was so ordered.                                      
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Gatto:                                                
                                                                                                    
Page 4, following line 22:                                                                          
 Insert a new paragraph to read:                                                                    
       "(2)  "applicant" means the incarcerated person who                                          
     makes an application under AS 12.72.200 for an order for DNA                                   
     testing of biological evidence;"                                                               
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                

2006-04-26                     House Journal                      Page 3351
                                                                                                    
CSHB 325(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  16   NAYS:  16   EXCUSED:  2   ABSENT:  6                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Croft, Dahlstrom, Gardner, Gatto,                                         
Gruenberg, Hawker, Joule, Kott, LeDoux, Lynn, McGuire, Neuman,                                      
Ramras, Stoltze                                                                                     
                                                                                                    
Nays:  Chenault, Coghill, Crawford, Elkins, Foster, Gara, Guttenberg,                               
Harris, Kohring, Meyer, Olson, Rokeberg, Salmon, Seaton,                                            
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
Absent:  Anderson, Holm, Kapsner, Kelly, Moses, Thomas                                              
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representatives Gatto and                                            
Gruenberg:                                                                                          
                                                                                                    
Page 3, line 21, following "shall":                                                                 
 Insert ", to the extent preservation is reasonable under standards                                 
established by the department in regulation,"                                                       
                                                                                                    
Page 3, line 24, following "material":                                                              
 Insert ", if it is to be preserved,"                                                               
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
Representative LeDoux placed a call of the House on the bill and lifted                             
the call.                                                                                           
                                                                                                    
The Speaker stated that, without objection, CSHB 325(FIN) with                                      
Amendment No. 3 pending would be returned to the Rules Committee.                                   
                                                                                                    

2006-04-26                     House Journal                      Page 3352
HB 383                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 383                                                                             
     "An Act limiting motor vehicle dealer charges for fees and costs;                              
     relating to the disclosures required for certain motor vehicle                                 
     transactions; and requiring consumers to be informed of finance                                
     charges paid to a motor vehicle dealer by a financing institution on                           
     the sale of a used motor vehicle."                                                             
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 TRA RPT CS(TRA) NT 1DP 4NR                                            2505                         
 FN1: ZERO(LAW)                                                        2506                         
 STA RPT CS(STA) NT 3DP 1DNP 1NR                                       2859                         
 FN1: ZERO(LAW)                                                        2859                         
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 383(STA)                                                                 
     "An Act limiting motor vehicle dealer charges for fees and costs;                              
     relating to the disclosures required for certain motor vehicle                                 
     transactions; and relating to the financing of motor vehicle                                   
     purchases."                                                                                    
                                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 383(STA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
CSHB 383(STA) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 383(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           

2006-04-26                     House Journal                      Page 3353
                                                                                                    
CSHB 383(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  10   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom,                                     
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                
Joule, Kapsner, Kott, LeDoux, Lynn, McGuire, Moses, Neuman,                                         
Rokeberg, Salmon, Seaton, Stoltze, Weyhrauch, Wilson                                                
                                                                                                    
Nays:  Anderson, Coghill, Hawker, Holm, Kelly, Kohring, Meyer,                                      
Olson, Ramras, Thomas                                                                               
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
And so, CSHB 383(STA) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 298                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 298(JUD)                                                                
     "An Act relating to loans from trust property; relating to a trustee's                         
     power to appoint the principal of a trust to another trust; relating                           
     to challenges to, claims against, and liabilities of trustees,                                 
     beneficiaries, and creditors of trusts and of trusts and estates;                              
     relating to individual retirement accounts and plans; relating to                              
     certain trusts in divorce and dissolutions of marriage situations;                             
     and providing for an effective date."                                                          
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 L&C RPT HCS(L&C) 5DP 2NR                                              3007                         
 FN1: ZERO(CED)                                                        3007                         
 JUD RPT HCS(JUD) 5DP 1AM                                              3068                         
 FN1: ZERO(CED)                                                        3068                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2006-04-26                     House Journal                      Page 3354
     HOUSE CS FOR CS FOR SENATE BILL NO. 298(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 3, line 22:                                                                                    
 Delete "60 [90]"                                                                               
 Insert "90"                                                                                        
                                                                                                    
Page 3, line 26:                                                                                    
 Delete "45 [60]"                                                                               
 Insert "60"                                                                                        
                                                                                                    
Page 3, line 29 through Page 4, line 5:                                                             
 Delete all material.                                                                               
                                                                                                    
Page 7, line 31:                                                                                    
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Gara 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 298(JUD)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  26   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Elkins, Gara, Gardner,                                          
Gruenberg, Guttenberg, Joule, Kapsner, Moses, Salmon                                                
                                                                                                    

2006-04-26                     House Journal                      Page 3355
Nays:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Foster, Gatto,                                
Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                           
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Seaton, Stoltze,                                   
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HCS CSSB 298(JUD) be considered engrossed, advanced to third                                        
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
HCS CSSB 298(JUD) will advance to third reading on tomorrow's                                       
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 306                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 306                                                                            
     "An Act requiring an employing unit with a change in ownership,                                
     management, or control or similar change to notify the                                         
     Department of Labor and Workforce Development of the change;                                   
     relating to the unemployment contribution rate of an employing                                 
     unit; defining 'business' for purposes of statutes setting                                     
     unemployment contribution rates; establishing the crime of                                     
     obtaining an unemployment rate by deception; and providing for                                 
     an effective date."                                                                            
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 FIN RPT 3DP 5NR                                                       3225                         
 FN1: ZERO(LWF)                                                        3225                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 306 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    

2006-04-26                     House Journal                      Page 3356
SB 306 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 306 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 306                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring,                                   
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                        
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
Absent:  Salmon                                                                                     
                                                                                                    
And so, SB 306 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.                                
                                                                                                    
SB 306 was signed by the Speaker and Chief Clerk and returned to the                                
Senate.                                                                                             
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 304                                                                                            
The following, which was advanced to third reading from the April 25,                               
2006, calendar (page 3326), was read the third time:                                                
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 304(TRA)                                                          
     "An Act relating to the privileges of airport parking shuttles and to                          
     fees or charges imposed on a person who is not a lessee or                                     
     concessionaire of an airport."                                                                 
                                                                                                    
The question being:  "Shall HCS SB 304(TRA) pass the House?"  The                                   
roll was taken with the following result:                                                           

2006-04-26                     House Journal                      Page 3357
                                                                                                    
HCS SB 304(TRA)                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott,                                    
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
Absent:  Kelly, Rokeberg, Salmon                                                                    
                                                                                                    
And so, HCS SB 304(TRA) passed the House and was referred to the                                    
Chief Clerk for engrossment.                                                                        
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 36                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 36                                                                  
     Urging the United States Congress to support the granting of                                   
     official Observer Status to the Republic of China at the World                                 
     Health Assembly Annual Conference to be held at Geneva,                                        
     Switzerland, in May 2006.                                                                      
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 HES RPT CS(HES) 5DP                                                   3245                         
 FN1: ZERO(H.HES)                                                      3245                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 36(HES)                                                      
     (same title)                                                                                   
                                                                                                    

2006-04-26                     House Journal                      Page 3358
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHJR 36(HES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHJR 36(HES) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHJR 36(HES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHJR 36(HES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  2   ABSENT:  6                                                   
                                                                                                    
Yeas:  Anderson, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins,                               
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Joule, Kapsner, Kohring, Kott, LeDoux, Lynn, McGuire,                                         
Meyer, Moses, Neuman, Olson, Seaton, Stoltze, Thomas, Weyhrauch,                                    
Wilson                                                                                              
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
Absent:  Berkowitz, Chenault, Kelly, Ramras, Rokeberg, Salmon                                       
                                                                                                    
And so, CSHJR 36(HES) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HCR 41                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 41                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 304,                                  
     relating to airport parking shuttles and to airport charges, rentals,                          
     or fees.                                                                                       
                                                                                                    
The question being:  "Shall HCR 41 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2006-04-26                     House Journal                      Page 3359
                                                                                                    
HCR 41                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  2   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott,                                    
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Seaton,                                         
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
Absent:  Chenault, Kelly, Ramras, Rokeberg, Salmon                                                  
                                                                                                    
And so, HCR 41 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 475                                                                                            
Representative Hawker offered a Title Amendment to the following,                                   
which passed the House on April 25, 2006 (page 3337):                                               
                                                                                                    
     CS FOR HOUSE BILL NO. 475(FIN) am                                                              
     "An Act relating to the supplemental employee benefit program;                                 
     relating to teachers' and public employees' defined benefit                                    
     retirement plans; relating to teachers' and public employees'                                  
     defined contribution retirement plans; relating to the health                                  
     reimbursement arrangement plan for certain teachers and public                                 
     employees; clarifying eligibility for membership in the health                                 
     reimbursement arrangement plan; relating to waiver of                                          
     adjustments under the teachers' defined benefit retirement plan                                
     and the public employees' defined benefit retirement plan; relating                            
     to the administrator of the Public Employees' Retirement System                                
     of Alaska; relating to employer contributions for occupational                                 
     disability and death benefits; repealing participation in the                                  
     teachers' defined contribution and defined benefit retirement plans                            
     by certain employees of the National Education Association of                                  
     Alaska; relating to requirements for employer minimum                                          
     contributions to the teachers' and the public employees' defined                               

2006-04-26                     House Journal                      Page 3360
     benefit retirement systems; relating to the public employees'                                  
     defined benefit deferred compensation program; providing for an                                
     effective date by amending sec. 148, ch. 9, FSSLA 2005, which                                  
   contains an effective date; and providing for an effective date."                               
                                                                                                    
Representative Hawker moved the following Title Amendment and                                       
cited Uniform Rule 35:                                                                              
                                                                                                    
Page 1, line 3, following "retirement plans":                                                     
 Insert "that apply to employees first hired after June 30, 2007"                                 
                                                                                                    
The question being:  "Shall the Title Amendment be adopted?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 475(FIN) am                                                                                    
Title Amendment                                                                                     
                                                                                                    
YEAS:  34   NAYS:  2   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott,                                    
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Ramras, Rokeberg,                                      
Salmon, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Nays:  Olson, Seaton                                                                                
                                                                                                    
Excused:  Kerttula, Samuels                                                                         
                                                                                                    
Absent:  Chenault, Kelly                                                                            
                                                                                                    
And so, the Title Amendment was adopted, and the new title follows:                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 475(FIN) am                                                              
     "An Act relating to the supplemental employee benefit program;                                 
     relating to teachers' and public employees' defined benefit                                    
     retirement plans; relating to teachers' and public employees'                                  
     defined contribution retirement plans that apply to employees first                            
     hired after June 30, 2007; relating to the health reimbursement                                
     arrangement plan for certain teachers and public employees;                                    
     clarifying eligibility for membership in the health reimbursement                              
     arrangement plan; relating to waiver of adjustments under the                                  
     teachers' defined benefit retirement plan and the public employees'                            

2006-04-26                     House Journal                      Page 3361
     defined benefit retirement plan; relating to the administrator of the                          
     Public Employees' Retirement System of Alaska; relating to                                     
     employer contributions for occupational disability and death                                   
     benefits; repealing participation in the teachers' defined                                     
     contribution and defined benefit retirement plans by certain                                   
     employees of the National Education Association of Alaska;                                     
     relating to requirements for employer minimum contributions to                                 
     the teachers' and the public employees' defined benefit retirement                             
     systems; relating to the public employees' defined benefit deferred                            
     compensation program; providing for an effective date by                                       
     amending sec. 148, ch. 9, FSSLA 2005, which contains an                                        
     effective date; and providing for an effective date."                                          
                                                                                                    
CSHB 475(FIN) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                                                                                                    
HB 322                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 322                                                                             
     "An Act relating to infants who are safely surrendered by a parent                             
     shortly after birth."                                                                          
                                                                                                    
HB 325                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 325(FIN)                                                                 
     "An Act relating to post-conviction DNA testing; and amending                                  
     Rule 35.1, Alaska Rules of Criminal Procedure."                                                
                                                                                                    
                                                                                                    
SB 20                                                                                             
Representative Kelly added his name as cross sponsor to:                                            
                                                                                                    
     CS FOR SENATE BILL NO. 20(JUD)                                                                 
     "An Act relating to offenses against unborn children."                                         
                                                                                                    
SB 298                                                                                            
Representatives Harris and Dahlstrom added their names as                                           
cosponsors to:                                                                                      
                                                                                                    

2006-04-26                     House Journal                      Page 3362
     HOUSE CS FOR CS FOR SENATE BILL NO. 298(JUD)                                                   
     "An Act relating to loans from trust property; relating to a trustee's                         
     power to appoint the principal of a trust to another trust; relating                           
     to challenges to, claims against, and liabilities of trustees,                                 
     beneficiaries, and creditors of trusts and of trusts and estates;                              
     relating to individual retirement accounts and plans; relating to                              
     certain trusts in divorce and dissolutions of marriage situations;                             
     and providing for an effective date."                                                          
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 41                                                                                            
HCR 41 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HJR 36                                                                                            
CSHJR 36(HES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 383                                                                                            
CSHB 383(STA) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 475                                                                                            
CSHB 475(FIN) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 304                                                                                            
HCS SB 304(TRA) was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
With appointment of the Conference Committee on the operating                                       
budget, Rule 23(d) of the Uniform Rules is in effect as of April 24,                                
2006.                                                                                               
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2006-04-26                     House Journal                      Page 3363
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 27, 2006.  There being no                                     
objection, the House adjourned at 12:17 p.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk